Provincial Constitutions

Provincial Constitutions

- Constitution of Canada
Provincial Constitutions
- Constitution Acts of Canada 1867 to 1982. Canadian Laws.

Provincial Constitutions

V. PROVINCIAL CONSTITUTIONS

EXECUTIVE POWER

APPOINTMENT OF LIEUTENANT GOVERNORS OF PROVINCES

58.- For each Province there shall be an Officer, styled the Lieutenant Governor, appointed by the Governor General in Council by Instrument under the Grant Seal of Canada.

TENURE OF OFFICE OF LIEUTENANT GOVERNOR

59.- A Lieutenant Governor shall hold Office during the Pleasure of the Governor General; but any Lieutenant Governor appointed after the Commencement of the First Session of the Parliament of Canada shall not be removable within Five Years from his Appointment, except for Cause assigned, which shall be communicated to him in Writing within One Month after the Order for his Removal is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafter if the Parliament is then sitting, and if not then within One Week after the Commencement of the next Session of the Parliament.

SALARIES OF LIEUTENANT GOVERNORS

60.- The Salaries of the Lieutenant Governors shall be fixed and provided by the Parliament of Canada.

OATHS, ETC., OF LIEUTENANT GOVERNOR

61.- Every Lieutenant Governor shall, before assuming the Duties of his Office, make and subscribe before the Governor General or some Person authorized by him Oaths of Allegiance and Office similar to those taken by the Governor General.

APPLICATION OF PROVISIONS REFERRING TO LIEUTENANT GOVERNOR

62.- The Provisions of this Act referring to the Lieutenant Governor extend and apply to the Lieutenant Governor for the Time being of each Province, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of the Province, by whatever Title he is designated.

APPOINTMENT OF EXECUTIVE OFFICERS OF ONTARIO AND QUEBEC

63.- The Executive Council of Ontario and of Quebec shall be composed of such Persons as the Lieutenant Governor from Time to Time thinks fit, and in the first instance of the following Officers, namely, -the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec the Speaker of the Legislative Council and the Solicitor General.

EXECUTIVE GOVERNMENT OF NOVA SCOTIA AND NEW BRUNSWICK

64.- The Constitution of the Executive Authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.

POWERS TO BE EXERCISED BY LIEUTENANT GOVERNOR OF ONTARIO OR QUEBEC WITH ADVICE, OR ALONE

65.- All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exercisable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice or with the Advice and Consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respectively, with the Advice or with the Advice and Consent of or in conjunction with the respective Executive Councils, or any Members thereof, or by the Lieutenant Governor individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be abolished or altered by the respective Legislatures of Ontario and Quebec.

APPLICATION FOR PROVISIONS REFERRING TO LIEUTENANT GOVERNOR IN COUNCIL

66.- The Provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the Advice of the Executive Council thereof.

ADMINISTRATION IN ABSENCE, ETC. OF LIEUTENANT GOVERNOR

67.- The Governor General in Council may from Time to time appoint an Administrator to execute the Office and Functions of Lieutenant Governor during his Absence, Illness, or other Inability.

SEATS OF PROVINCIAL GOVERNMENTS

68.- Unless and until the Executive Government of any Province otherwise directs with respect to that Province, the Seats of Government of the Provinces shall be as follows, namely, -of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton.

LEGISLATIVE POWER

1. - ONTARIO

LEGISLATURE FOR ONTARIO

69.- There shall be a Legislature for Ontario consisting of the Lieutenant Governor and of One House, styled the legislative Assembly of Ontario.

ELECTORAL DISTRICTS

70.- The Legislative Assembly of Ontario shall be composed of Eighty-two Members, to be elected to represent the Eighty-two Electoral Districts set forth in the First Schedule to this Act.

2. - QUEBEC

LEGISLATURE FOR QUEBEC

71.- There shall be a Legislature for Quebec consisting of the Lieutenant Governor and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.

CONSTITUTION OF LEGISLATIVE COUNCIL

72.- The Legislative Council of Quebec shall be composed of Twenty-four Members, to be appointed by the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, one being appointed to represent each of the Twenty-four Electoral divisions of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act.

QUALIFICATION OF LEGISLATIVE COUNCILORS

73.- The Qualifications of the Legislative Councilors of Quebec shall be the same as those of the Senators for Quebec.

RESIGNATION, DISQUALIFICATION, ETC.

74.- The Place of a Legislative Councillor of Quebec shall become vacant in the Cases, mutatis mutandis, in which the Place of Senator becomes vacant.

VACANCIES

75.- When a Vacancy happens in the Legislative Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Governor, int he Queen's Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy.

QUESTIONS AS TO VACANCIES, ETC.

76.- If any Question arises respecting the Qualification of a Legislative Councillor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council.

SPEAKER OF LEGISLATIVE COUNCIL

77.- The Lieutenant governor may from Time to Time, by Instrument under the Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and any remove him and appoint another in his Stead.

QUORUM OF LEGISLATIVE COUNCIL

78.- Until the Legislature of Quebec otherwise provides, the Presence of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers.

VOTING IN LEGISLATIVE COUNCIL

79.- Questions arising in the Legislative Council of Quebec shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative.

CONSTITUTION OF LEGISLATIVE ASSEMBLY OF QUEBEC

80.- The Legislative Assembly of Quebec shall be composed of Sixty-five Members, to be elected to represent the Sixty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.

3. - ONTARIO AND QUEBEC

81.- Repealed.

SUMMONING OF LEGISLATIVE ASSEMBLIES

82.- The Lieutenant Governor of Ontario and of Quebec shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province.

RESTRICTION ON ELECTION OF HOLDERS OF OFFICES

83.- Until the Legislature of Ontario or of Quebec otherwise provides, a Person accepting or holding in Ontario or in Quebec any Office, Commission, or Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, to which an annual Salary, or any Fee, Allowance, Emolument, or Profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, not shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a Member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office.

CONTINUANCE OF EXISTING ELECTION LAWS

84.- Until the legislatures of Ontario and Quebec respectively otherwise provide, all Laws which at the Union are in force in those Provinces respectively, relative to the following Matters, or any of them, namely, -the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, - shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec.

Provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to Persons qualified by the law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.

DURATION OF LEGISLATIVE ASSEMBLIES

85.- Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for Four Years from the Day of the Return of the Writs for choosing the same (subject nevertheless to wither the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.

YEARLY SESSION OF LEGISLATURE

86.- There shall be a Session of the Legislature of Ontario and of that of Quebec once at least in every year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Province in one Session and its first Sitting in the next Session.

SPEAKER, QUORUM, ETC.

87.- The following Provisions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, - the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of the Speaker, the Absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly.

4. - NOVA SCOTIA AND NEW BRUNSWICK

CONSTITUTIONS OF LEGISLATURES OF NOVA SCOTIA AND NEW BRUNSWICK

88.- The Constitution of the legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.

5. - ONTARIO, QUEBEC, AND NOVA SCOTIA

89.- Repealed.

6. - THE FOUR PROVINCES

APPLICATION TO LEGISLATURES OF PROVISIONS RESPECTING MONEY VOTES, ETC.

90.- The following Provisions of this Act respecting the Parliament of Canada, namely, . the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on bills reserved, -shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada.


Preamble
Short title
Union
Declaration of Union
Construction of subsequent Provisions of Act
Four Provinces
Provinces of Ontario and Quebec
Provinces of Nova Scotia and New Brunswick
Decennial Census
Executive Power
Declaration of Executive Power in-the-Queen
Application of Provisions referring to Governor General
Constitution of Privy Council for Canada
All Powers under Acts to be exercised by Governor General
Application of Provisions referring to Governor General in Council
Power to Her Majesty to authorize Governor General to appoint Deputies
Command of Armed Forces to continue to be vestedin-the-Queen
Seat of Government of Canada
Legislative Power
Constitution of Parliament of Canada
Privileges of Houses
First Session of the Parliament of Canada
The Senate
Number of Senators
Representationof Provinces in Senate
Qualifications of Senator
Summons of Senator
Addition of Senators in certain cases
Reduction of Senate to normal Number
Maximum Number of Senators
Tenure of Place in Senate
Resignation of Place in-Senate
Disqualification of Senators
Summons on Vacancy in Senate
Questions as to Qualifications and Vacancies in Senate
Appointment of Speaker of Senate
Quorum of Senate
Voting in Senate
The House of Commons
Constitution of House of Commons in Canada
Summoning of House of Commons
Senators not to sit in House of Commons
Electoral districts of the four Provinces
Continuance of existing Election Laws until Parliament
Election of Speaker of House of Commons
Filling up Vacancy in Office of Speaker
Speaker to preside
Provision in case of Absence of Speaker
Quorum of House of Commons
Voting in House of Commons
Duration of House of Commons
Readjustment of representation in Commons
Constitution of House of Commons
Increase of Number of House of Commons
Money Votes Royal Assent
Appropriation and Tax Bills
Recommendation of Money Votes
Royal sAssent to Bills
Disallowance by Order in Council
Signification of Queens Pleasure on Bill reserved
Provincial Constitutions
Executive Power
Appointment of Lieutenant Governors of Provinces
Tenure of Office of Lieutenant Governor
Salaries of Lieutenant Governors
Oaths of Lieutenant Governor
Application of Provisions referring to Lieutenant Governor
Appointment of Executive Officers for Ontario and Quebec
Executive Government of Nova Scotia and New Brunswick
Powers to be exercised by Lieutenant Governor
Application of Provisions referring to Lieutenant Governor in Council
Administration in Absence of Lieutenant Governor
Seats of Provincial Governments
Legislative Power
Ontario
Legislature for Ontario
Electoral districts
Quebec
Legislature for Quebec
Constitution of Legislative Council
Qualification of Legislative Councillors
Resignation Disqualification
Vacancies
Questions as to Vacancies
Speaker of Legislative Council
Quorum of Legislative Council
Voting in Legislative Council
Constitution of Legislative Assembly of Quebec
Ontario and Quebec
Summoning of Legislative Assemblies
Restriction on election of Holders of offices
Continuance of existing Election Laws
Duration of Legislative Assemblies
Yearly Session of Legislature
Speaker Quorum
Nova Scotia and New Brunswick
Constitutions of Legislatures of Nova Scotia and New Brunswick
The Four Provinces
Application to Legislatures of Provisions respecting Money Votes
Distribution Of Legislative Powers
Legislative Authority of Parliament of Canada
Subjects of exclusive Provincial Legislation
Laws respecting non renewable natural resources
Legislation respecting Education
Legislation for Uniformity of Laws in Three Provinces
Concurrent Powers of Legislation respecting Agriculture
Judicature
Appointment of Judges
Selection of Judges in Ontario
Selection of Judges in Quebec
Tenure of office of Judges
Salaries of Judges
General Court of Appeal
Revenues Debts Assets Taxation
Creation of Consolidated Revenue Fund
Expenses of Collection
Interest of Provincial Public Debts
Salary of Governor General
Appropriation from Time to Time
Transfer of Stocks
Transfer of Property in Schedule
Property in Lands Mines
Assets connected with Provincial Debts
Canada to be liable for Provincial Debts
Debts of Ontario and Quebec
Assets of Ontario and Quebec
Debt of Nova Scotia
Debt of New Brunswick
Payment of interest to Nova Scotia and New Brunswick
Provincial Public Property
Further Grant to New Brunswick
Form of Payments
Canadian Manufactures
Continuance of Customs and Excise Laws
Exportation and Importation as between Two Provinces
Lumber Dues in New Brunswick
Exemption of Public Lands
Provincial Consolidated Revenue Fund
Miscellaneous Provisions
General
Oath of Allegiance
Continuance of existing Laws Courts Officers
Transfer of Officers to Canada
Appointment of new Officers
Treaty Obligations
Use of English and French Languages
Ontario and Quebec
Powers Duties of Executive Officers
Great Seals
Construction of temporary Acts
Errors in Names
Ussue of Proclamations before Union to commence after Union
Issue of Proclamations after Union
Penitentiary
Arbitration respecting Debts
Division of Records
Constitution of Townships in Quebec
Intercolonial Railway
Admission Of Other Colonies
Power to admit New foundland into the Union
Representation of Newfoundland and Prince Edward Island in Senate
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
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