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Saturday, February 23, 2019

#11 The Plain Language version -BNA/Constitution Acts 1867 & UK-enabling CANADA ACT 1982,(U.K) 1982, c11

The Plain Language Version of Canada's Constitution Acts

Edited, translated and commentary by Robert Ede

Red indicates modifications,
... indicates deletions,
(text) is commentary,
Green indicates noteworthy, as-written, original language (tho' some might not believe it)


AGAIN!!  March 27/2011
Justice Dept Laws site is reformatted

--As a result most of my BNA/Constitutional Acts links are broken
--For End notes use this link to New Justice Laws Canada site - & scroll down to reference #



Originally named the British North America Act 1867
renamed the Constitution Act 1867 in 1982


30 & 31 Victoria, c. 3. (U.K.) --(Official British Title & Filing name)
(Consolidated with amendments)




An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the administration of affairs in that union; and for Purposes connected with that administration;
[29th March 1867.]

Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:

And whereas such a Union would contribute to the Welfare of the Provinces and promote the Interests of the British Empire:

And whereas a new country, once legally Established, needs to have a clearly set out description of the powers and limits to the powers of the Legislative Authority in the Dominion and also needs to have a clearly set out description of the Nature, powers and limits to the powers of the Executive Government:

And whereas rules will need to be provided to allow for the eventual Admission into the Union of other Parts of British North America: (1) http://laws-lois.justice.gc.ca/eng/Const/page-18.html#h-60

I. PRELIMINARY
Short title
1.
This Act may be cited as the Constitution Act, 1867. (2)
2.
Repealed.(3) (Editorial Note: Feb 16, 2019 Myth of Canada-Doug Force premise is this ... I better check on the U.K.'s REASON for this deletion i.e. ?was it universal to all dominions/colonies? or just this instance?)

(3) Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows:
2.  The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.

II. UNION


Declaration of Union3.
This Act creates the authority for the Queen, following the instructions of Her Cabinet government in Great Britain, to legally Proclaim, (on a future Day stated in that proclaiming statement, but within Six Months after the passing of this Act), that the Provinces of Canada, Nova Scotia, and New Brunswick shall become united as One Dominion under the Name of Canada; (4)


Construction of subsequent Provisions of Act
4.
Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean the new 4-province Canada as described under this Act. (5)


Four Provinces5.
Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. (6)

Provinces of Ontario and Quebec
6.
The merged-in-1840 Parts of the 'old' Province of Canada ... which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec.

Provinces of Nova Scotia and New Brunswick
7.
The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act.

Decennial Census
8.
In the general Census of the Population of Canada which is hereby required to be taken in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished.

III. EXECUTIVE POWER (Top of the Power Totem)
Declaration of Executive Power in the Queen
9.
The Source of All Sovereign powers, all Decision-making and management powers and the ultimate and final Authority of and over Canada is hereby declared to continue and be vested in the Queen who (at the time of Confederation) is obligated to follow the Advice of Her Cabinet.
Application of Provisions referring to Governor General
10.
When ... this Act refers to the Governor General, the reference extends and applies to the Governor General, or to any temporary replacement, or other the Chief Executive Officer or Administrator temporarily carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title s/he is designated.

Constitution of Privy Council for Canada
11.
There shall be a Council to aid and advise in the Decision-making and management of the administration of Canada, to be called the Queen's Privy Council for Canada; and the Persons who are to be Members of that Council shall be ... chosen and summoned by the Governor General on no fixed schedule and sworn in as Privy Councillors, and similarly Members thereof may be ... removed by the Governor General. (These members swear an Oath of loyalty and secrecy and are then allowed to be "privy" to the innermost details of the administration)

All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone
12.
All Powers, Authorities, and Functions which are legally vested in or legally exerciseable by the existing Governors or Lieutenant Governors of the existing Provinces, irrespective of whether these powers are to be used (a) with the Advice, or (b) with the Advice and Consent, of the existing Provincial Executive Councils, or any Members thereof ... or (c) by those Governors or Lieutenant Governors individually, shall, ... be vested in and exerciseable by the Governor General in relation to the new Dominionon the same basis, namely (a) with the Advice or (b) with the Advice and Consent of the Queen's Privy Council for Canada, or any Members thereof, or (c) by the Governor General individually, as the Case requires. These powers are still subject (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 Parliament of Canada. (7)
(See s.65 for Provincial Constitution Equivalent)

Application of Provisions referring to Governor General in Council
13.
The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen's Privy Council for Canada.
(See s.66 for Provincial Constitution Equivalent)
NB - (The Title "Governor General in Council" is used explicitly 13 times in the 1867 BNA Act [including once in this section's Heading] s.13; s.58;  s.67; s.93(3); s.93(4) -thrice; s.103; s.120; s.131 -twice; and s.143 - there are zero references in the 1982 'Constitution Act"
PLUS a 14th time -- There is also an indirect 'construction' of the "GG in Council" Title in Section 90 where the words "Governor General" are substituted for "Queen" in the phrase borrowed from s.56 "Queen in Council" and entrenched for application to the provinces as if those Provisions were here re-enacted)
Power to Her Majesty to authorize Governor General to appoint Deputies
14.
It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General, on no fixed schedule to appoint any Person or any Persons jointly or severally to be her/his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to her/him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General her/himself of any Power, Authority, or Function.

Command of Armed Forces to continue to be vested in the Queen
15.
The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.

Seat of Government of Canada
16.
Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa.
(NB. No mention of Prime Minister, Senate or House of Commons in Executive Section)

IV. LEGISLATIVE POWER
Constitution of Parliament of Canada
17.
There shall be One Parliament for Canada, consisting, in hierarchical order from greater to lesser, of the Queen (ie the Queen is a 'part' of both Legislative & Executive Orders), an Upper House called the Senate, and the House of Commons.

Privileges, etc., of Houses
18.
The privileges, immunities, and powers (rights) to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such rights shall not confer any rightsexceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof. (8)

First Session of the Parliament of Canada
19.
The Parliament of Canada shall be called together not later than Six Months after the Union. (9)
[Repealed]
20.
Repealed. (10)

(Next in Priority)
THE SENATE
Number of Senators
21.
The Senate shall, subject to the Provisions of this Act, consist of One Hundred and five Members, who shall be called Senators. (11)
Representation of Provinces in Senate
22.
... The Senate Canada shall ... consist of Four Divisions (now almost always referred to as Regions):
1. Ontario;
2. Quebec;
3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island;
4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and Alberta;
which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows:
-Ontario by twenty-four senators;
-Quebec by twenty-four senators;
-the Maritime Provinces and Prince Edward Island by twenty-four senators,
ten thereof representing Nova Scotia,
ten thereof representing New Brunswick, and
four thereof representing Prince Edward Island;
-the Western Provinces by twenty-four senators,
six thereof representing Manitoba,
six thereof representing British Columbia,
six thereof representing Saskatchewan, and
six thereof representing Alberta;
-Newfoundland shall be entitled to be represented in the Senate by six members;
-the Yukon Territory and the Northwest Territories shall be entitled to be represented in the Senate by one member each.

In the Case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada. (12)
Qualifications of Senator
23.
The Qualifications of a Senator shall be as follows:
(1) S/He shall be of the full age of Thirty Years:
(2) S/He shall be either a natural-born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great Britain, ... or of the Legislature of One of the Provinces ... before the Union, or of the Parliament of Canada after the Union:
(3) S/He shall legally "own" as of Freehold for his own Use and Benefit of Real Estate held in Free and Common Socage, or seised or possessed for her/his own Use and Benefit of Real Estate held in Franc-alleu or in Roture (equivalent type of tenure to Freehold in Quebec), within the Province for which s/he is appointed, with an Equity Value equal to at leastFour thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same (eg $10,000 property with $8,000 Mortgage = $2,000 Equity Value) :
(4) Her/His Net-Worth, Real Property and Personal Property, shall be together worth Four thousand Dollars over and above her/his Debts and Liabilities (e.g.$20,000 Equity Value in Real Property with $10,000 Mortgage and $6,000 in Personal Debts = $4,000 net worth) :
(5) S/He shall be resident in the Province for which s/he is appointed:
(6) In the Case of Quebec he shall have her/his Real Property Qualification in the Electoral Division for which s/he is appointed, or shall be resident in that Division. (13)
Summons of Senator
24.
The Governor General shall on no fixed schedule, in the Queen's Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.
[Repealed]
25.
Repealed. (14)
Addition of Senators in certain cases
26.
If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Four or Eight temporary, extra Members be added to the Senate, the Governor General may by Summons to Four or Eight qualified Persons (as the Case may be), representing equally the Four Divisions of Canada, add to the Senate accordingly. (15)
Reduction of Senate to normal Number
27.
In case of such temporary, extra Addition being at any Time made, the Governor General shall not summon any more Person to the Senate, to represent one of the Four Divisions until such Division is represented by Twenty-four Senators and no more except in the event of a further Recommendation and Direction to add another 4 or 8 temporary, extra Senators. (16)
Maximum Number of Senators
28.
The Number of Senators shall not at any Time exceed One Hundred and thirteen. (17) (i.e. 4, and later 4 or, 8-at-once can be added but no more)
Tenure of Place in Senate
29.
(1) Subject to subsection (2), a Senator shall, subject to the provisions of this Act, hold his place in the Senate for life.
Retirement upon attaining age of seventy-five years(2) A Senator who is summoned to the Senate after June 1, 1965, shall hold his place in the Senate until he attains the age of seventy-five years. (18)
Resignation of Place in Senate
30.
A Senator may by Writing under his Hand addressed to the Governor General resign his Place in the Senate, and thereupon the same shall be vacant.
Disqualification of Senators
31.
The Place of a Senator shall become vacant in any of the following Cases:
(1) If for Two consecutive Sessions of the Parliament s/he fails to give his Attendance in the Senate:
(2) If s/he takes an Oath ... Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby s/he becomes ... a Subject or Citizen, of a Foreign Power:
(3) If s/he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter:
(4) If s/he is found guilty of Treason or convicted of Felony or of any infamous Crime:
(5) If s/he ceases to be qualified in respect of Property or of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there.
Summons on Vacancy in Senate
32.
When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy.
Questions as to Qualifications and Vacancies in Senate
33.
If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard and determined by the Senate.
Appointment of Speaker of Senate
34.
The Governor General may from Time to Time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his Stead. (19)
Quorum of Senate
35.
Until the Parliament of Canada otherwise provides, the Presence of at least Fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the Exercise of its Powers.
Voting in Senate
36.
Questions arising in the Senate 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.

(Finally and at the Bottom of the Totem)
THE HOUSE OF COMMONS
Constitution of House of Commons in Canada
37. (Outdated and replaced- see footnote 20)
The House of Commons shall, subject to the Provisions of this Act, consist of two hundred and ninety-five members of whom ninety-nine shall be elected for Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick, fourteen for Manitoba, thirty-two for British Columbia, four for Prince Edward Island, twenty-six for Alberta, fourteen for Saskatchewan, seven for Newfoundland, one for the Yukon Territory and two for the Northwest Territories. (20)
Summoning of House of Commons
38.
The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons.
Senators not to sit in House of Commons
39.
A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons.
Electoral districts of the four Provinces
40.
Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the Purposes of the Election of Members to serve in the House of Commons, be divided into Electoral Districts as follows:
1. Ontario (Outdated and replaced see footnote (21))
2. Quebec (see (21))
3. Nova Scotia (see (21))
4. New Brunswick (21)
Continuance of existing Election Laws until Parliament of Canada otherwise provides
41. (Outdated see footnote (22))
Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union 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 House of Assembly or Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution, — shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces.
Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons 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. (22)
[Repealed]
42.
Repealed. 23)
[Repealed]
43.
Repealed. (24)
As to Election of Speaker of House of Commons
44.
The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to elect One of its Members to be Speaker.
As to filling up Vacancy in Office of Speaker
45.
In case of a Vacancy happening in the Office of Speaker by Death, Resignation, or otherwise, the House of Commons shall with all practicable Speed proceed to elect another of its Members to be Speaker.
Speaker to preside
46.
The Speaker shall preside at all Meetings of the House of Commons.
Provision in case of Absence of Speaker
47.
Until the Parliament of Canada otherwise provides, in case of the Absence for any Reason of the Speaker from the Chair of the House of Commons for a Period of Forty-eight consecutive Hours, the House may elect another of its Members to act as Speaker, and the Member so elected shall during the Continuance of such Absence of the Speaker have and execute all the Powers, Privileges, and Duties of Speaker. (25)
Quorum of House of Commons
48.
The Presence of at least Twenty Members of the House of Commons shall be necessary to constitute a Meeting of the House for the Exercise of its Powers, and for that Purpose the Speaker shall be reckoned as a Member.
Voting in House of Commons
49.
Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote. (contrast s.36 above, Voting in Senate)
Duration of House of Commons
50.
Every House of Commons shall continue for Five Years from the Day of the Return of the Writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer. (26)
Readjustment of representation in Commons
51.
(1) The number of members of the House of Commons and the representation of the provinces therein shall, on the coming into force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:
Rules 1.
There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the said process of division.
2.
If the total number of members that would be assigned to a province by the application of rule 1 is less than the total number assigned to that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date. (27)
Yukon Territory, Northwest Territories and Nunavut 
(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1985, shall be entitled to one member, the Northwest Territories as bounded and described in section 2 of chapter N-27 of the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member. 28)
Constitution of House of Commons
51A.
Notwithstanding anything in this Act a province shall always be entitled to a number of members in the House of Commons not less than the number of senators representing such province. (29)
Increase of Number of House of Commons
52.
The Number of Members of the House of Commons may be from Time to Time increased by the Parliament of Canada, provided the proportionate Representation of the Provinces prescribed by this Act is not thereby disturbed.

NB. When any decision is reached in both Houses, it is presented for approval (Assent) firstly in Canada by the Governor General and then it is reviewed by the Queen (in-Council until 1982). Assented Canadian Bills were always (& are still) subject to disallowance by the Monarch within 2 years - see S.56 below)
MONEY VOTES; ROYAL ASSENT
Appropriation and Tax Bills
53.
Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons.
Recommendation of Money Votes
54.
It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed.
Royal Assent to Bills, etc.
55.
Where a Bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty's Instructions (as detailed in Letters Patent of 1947), either that (a)s/he assents thereto in the Queen's Name, or that(b) s/he withholds the Queen's Assent, or that (c) s/he reserves the Bill for the Signification of the Queen's Pleasure.
Disallowance by Order in Council of Act assented to by Governor General
56.
Where the Governor General assents to a Bill in the Queen's Name, s/he shall by the first convenient Opportunity send an authentic Copy of the Act to One of Her Majesty's Principal Secretaries of State, and if the Queen in Council (i.e. British Cabinet) within Two Years after Receipt thereof by the Secretary of State thinks fit to disallow the Act, such Disallowance (with a Certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the Governor General, by Speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after the Day of such Signification.
Signification of Queen's Pleasure on Bill reserved
57.
A Bill reserved for the Signification of the Queen's Pleasure shall not have any Force unless and until, within Two Years from the Day on which it was presented to the Governor General for the Queen's Assent, the Governor General signifies, by Speech or Message to each of the Houses of the Parliament or by Proclamation, that it has received the Assent of the Queen in Council.
An Entry of every such Speech, Message, or Proclamation shall be made in the Journal of each House, and a Duplicate thereof duly attested shall be delivered to the proper Officer to be kept among the Records of Canada.

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 Great 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 removeable 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. (30)
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 for 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. (31)
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. (32)
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 exerciseable 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 (see s.12 above), 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. (33)
Application of 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. (34)

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. see (35)
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 Councillors
73.
The Qualifications of the Legislative Councillors 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, in the 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 may 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. (36)

3. ONTARIO AND QUEBEC
[Repealed]
81.
Repealed. (37)
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, nor 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. (38)
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. (39)
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 either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer. (40)
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. 41)
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. (42)

5. ONTARIO, QUEBEC, AND NOVA SCOTIA[Repealed]
89.
Repealed. (43)

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 of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada. (Compare with ss. 55, 56, 57 above)
VI. DISTRIBUTION OF LEGISLATIVE POWERS

POWERS OF THE PARLIAMENT
Legislative Authority of Parliament of Canada
91.
It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1.
Repealed. (44)
1A.
The Public Debt and Property. (45)
2.
The Regulation of Trade and Commerce.
2A.
Unemployment insurance. 46)
3.
The raising of Money by any (original draft of text had the word "other" placed here - but didn't make it to final version of text) Mode or System of Taxation.
4.
The borrowing of Money on the Public Credit.
5.
Postal Service.
6.
The Census and Statistics.
7.
Militia, Military and Naval Service, and Defence.
8.
The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada.
9.
Beacons, Buoys, Lighthouses, and Sable Island.
10.
Navigation and Shipping.
11.
Quarantine and the Establishment and Maintenance of Marine Hospitals.
12.
Sea Coast and Inland Fisheries.
13.
Ferries between a Province and any British or Foreign Country or between Two Provinces.
14.
Currency and Coinage.
15.
Banking, Incorporation of Banks, and the Issue of Paper Money.
16.
Savings Banks.
17.
Weights and Measures.
18.
Bills of Exchange and Promissory Notes.
19.
Interest.
20.
Legal Tender.
21.
Bankruptcy and Insolvency.
22.
Patents of Invention and Discovery.
23.
Copyrights.
24.
Indians, and Lands reserved for the Indians.
25.
Naturalization and Aliens.
26.
Marriage and Divorce.
27.
The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.
28.
The Establishment, Maintenance, and Management of Penitentiaries.
29.
Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. (47)

EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES
Subjects of exclusive Provincial Legislation
92.
In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1.
Repealed. (48)
2.
Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
3.
The borrowing of Money on the sole Credit of the Province
4.
The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.
5.
The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.
6.
The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province.
7.
The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary (means Charitable) Institutions in and for the Province, other than Marine Hospitals. (These institutions were primarily owned and operated by the Churches, some provinces mainly by the Roman Catholic Church, in others Protestant Churches)
8.
Municipal Institutions in the Province.
9.
Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
10.
Local Works and Undertakings other than such as are of the following Classes:
(a)
Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
(b)
Lines of Steam Ships between the Province and any British or Foreign Country:
(c)
Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
11.
The Incorporation of Companies with Provincial Objects.
12.
The Solemnization of Marriage in the Province. (Quebec & New Bruswick were largely Roman Catholic, Ontario and Nova Scotia Protestant -again the local flavours were respected)
13.
Property and Civil Rights in the Province.
(In the Quebec Act of 1774, the Civil Law tradition, the existing system of land tenure of 'New France' and full rights to follow the Roman Catholic faith were re-established for 'Old Quebec' -after being extinguished by the Proclamation of 1763 . These rights had to be incorporated into Confederation.

NB. This "abolish(ment) of the Free System of English Laws" (and enlargement of the boundaries of 'Old Quebec') were cited in the U.S Declaration of Independence 1776 as one of the grievances the 13 Colonies held as reasons to rebel against "despotism" and "tyranny" of the British Crown.

Super NB. The original US Constitution, the Articles of Confederation, Article 11 gives Canada a 'free pass' to join the USA without ratification by the states.)
14.
The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
15.
The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
16.
Generally all Matters of a merely local or private Nature in the Province.


NON-RENEWABLE NATURAL RESOURCES,FORESTRY RESOURCES AND ELECTRICAL ENERGY
Laws respecting non-renewable natural resources, forestry resources and electrical energy
92A.
(1) In each province, the legislature may exclusively make laws in relation to
(a)
exploration for non-renewable natural resources in the province;
(b)
development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and
(c)
development, conservation and management of sites and facilities in the province for the generation and production of electrical energy.

Export from provinces of resources
(2) In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the primary production (see (5) below re: Sixth Schedule) from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.

Authority of Parliament
(3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict.

Taxation of resources
(4) In each province, the legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of
(a)
non-renewable natural resources and forestry resources in the province and the primary production therefrom, and
(b)
sites and facilities in the province for the generation of electrical energy and the production therefrom, whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province.

"Primary production"
(5) The expression "primary production" has the meaning assigned by the Sixth Schedule.

Existing powers or rights
(6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of this section. (49)

EDUCATION
Legislation respecting Education
93.
In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:
(1)
Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union:
(2)
All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient ('Protestant') Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec:
(3)
Where in any Province a System of Separate or Dissentient ('Protestant')Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education:
(4)
In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. (50)
Quebec
93A.
Paragraphs (1) to (4) of section 93 do not apply to Quebec. (51)
(Given that section 93 was created expressly to protect minority, religious-based schools (that often also represented the minority language), the bi-lateral (ProvQue & GovCan) withdrawal of Quebec from this provision (the province for which it was enacted) means Quebec no longer is bound to protect a religion-based, minority school system, but has been Constitutionally-permitted to switch to a (God-less or perhaps, God-free) language-based, minority-protection system of education.

It further means s.93 only remains to protect the "Right(s) or Privilege(s)" of religious-based schools "which any Class of Persons have by Law in the other provinces at the Union". I can think of only one remaining denomination so protected)


NB The minority language provisions of s.23(1)(a) of the 1982's Charter of Conditional Rights & Provisional Freedoms - the part that outlines that Canadians "whose first language learned and understood ..." "have the right to have their children receive primary and secondary school instruction in that language in that province" DO NOT APPLY in Quebec until an Act of that Provincial Legislature authorizes it (the exemption is buried in s.59, outside the "Charter")

UNIFORMITY OF LAWS IN ONTARIO,NOVA SCOTIA, AND NEW BRUNSWICK
Legislation for Uniformity of Laws in Three Provinces
94.
Given that 3 of the 4 Provinces (Ontario, Nova Scotia and New Brunswick) united by this Act have very similar Laws relative to Property & Civil rights and Procedures of the Courts, We foresee (see reference in section 97 below) the benefit in making these laws uniform within these 3 provinces (and across the balance of British North America as Canada grows).

Given also the rights granted in 1774 to the 'old colony of Quebec', regarding the civil code (continuing after Confederation in non-criminal law), as well as in property, language & religious freedom, We exclude the 'new province of Quebec' from this uniformity provision, allowing always that the Legislature of the 'new 1867 Quebec' may adopt and enact legislation to include their laws in and under this provision of Uniformity and any future Act of Uniformity.


Therefore and, Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof.

OLD AGE PENSIONS
Legislation respecting old age pensions and supplementary benefits
94A.
The Parliament of Canada may make laws in relation to old age pensions and supplementary benefits, including survivors' and disability benefits irrespective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matter. (52)

AGRICULTURE AND IMMIGRATIONConcurrent Powers of Legislation respecting Agriculture and Immigration (so stupid), etc.
95.
In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.

VII. JUDICATURE
Appointment of Judges
96.
The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick.
Selection of Judges in Ontario, etc.
97.
Until the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and the Procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces.
Selection of Judges in Quebec
98.
The Judges of the Courts of Quebec shall be selected from the Bar of that Province.
Tenure of office of Judges
99.
(1) Subject to subsection two of this section, the Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons.
Termination at age 75
(2) A Judge of a Superior Court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five years, or upon the coming into force of this section if at that time he has already attained that age. (53)
Salaries, etc., of Judges
100.
The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada. (54)
General Court of Appeal, etc.
101.
The Parliament of Canada may, notwithstanding anything in this Act, from Time to Time provide for the Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada. (55)

VIII. REVENUES; DEBTS; ASSETS; TAXATION
Creation of Consolidated Revenue Fund
102.
All Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick before and at the Union had and have Power of Appropriation, except such Portions thereof as are by this Act reserved to the respective Legislatures of the Provinces, or are raised by them in accordance with the special Powers conferred on them by this Act, shall form One Consolidated Revenue Fund, to be appropriated for the Public Service of Canada in the Manner and subject to the Charges in this Act provided.
Expenses of Collection, etc.
103.
The Consolidated Revenue Fund of Canada shall be permanently charged with the Costs, Charges, and Expenses incident to the Collection, Management, and Receipt thereof, and the same shall form the First Charge thereon, subject to be reviewed and audited in such Manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides.
Interest of Provincial Public Debts
104.
The annual Interest of the Public Debts of the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union shall form the Second Charge on the Consolidated Revenue Fund of Canada.
Salary of Governor General
105.
Unless altered by the Parliament of Canada, the Salary of the Governor General shall be Ten thousand Pounds Sterling Money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the Third Charge thereon. (56)
Appropriation from Time to Time
106.
Subject to the several Payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada for the Public Service.
Transfer of Stocks, etc.
107.
All Stocks, Cash, Banker's Balances, and Securities for Money belonging to each Province at the Time of the Union, except as in this Act mentioned, shall be the Property of Canada, and shall be taken in Reduction of the Amount of the respective Debts of the Provinces at the Union.
Transfer of Property in Schedule
108.
The Public Works and Property of each Province, enumerated in the Third Schedule to this Act, shall be the Property of Canada.
Property in Lands, Mines, etc.
109.
All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same. (57)
Assets connected with Provincial Debts
110.
All Assets connected with such Portions of the Public Debt of each Province as are assumed by that Province shall belong to that Province.
Canada to be liable for Provincial Debts
111.
Canada shall be liable for the Debts and Liabilities of each Province existing at the Union.
Debts of Ontario and Quebec
112.
Ontario and Quebec conjointly shall be liable to Canada for the Amount (if any) by which the Debt of the Province of Canada exceeds at the Union Sixty-two million five hundred thousand Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon.
Assets of Ontario and Quebec
113.
The Assets enumerated in the Fourth Schedule to this Act belonging at the Union to the Province of Canada shall be the Property of Ontario and Quebec conjointly.
Debt of Nova Scotia
114.
Nova Scotia shall be liable to Canada for the Amount (if any) by which its Public Debt exceeds at the Union Eight million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon. (58)
Debt of New Brunswick
115.
New Brunswick shall be liable to Canada for the Amount (if any) by which its Public Debt exceeds at the Union Seven million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon.
Payment of interest to Nova Scotia and New Brunswick
116.
In case the Public Debts of Nova Scotia and New Brunswick do not at the Union amount to Eight million and Seven million Dollars respectively, they shall respectively receive by half -yearly Payments in advance from the Government of Canada Interest at Five per Centum per Annum on the Difference between the actual Amounts of their respective Debts and such stipulated Amounts.
Provincial Public Property
117.
The several Provinces shall retain all their respective Public Property not otherwise disposed of in this Act, subject to the Right of Canada to assume any Lands or Public Property required for Fortifications or for the Defence of the Country.
[Repealed]
118.
Repealed.  (59)
Further Grant to New Brunswick
119.
New Brunswick shall receive by half-yearly Payments in advance from Canada for the Period of Ten Years from the Union an additional Allowance of Sixty-three thousand Dollars per Annum; but as long as the Public Debt of that Province remains under Seven million Dollars, a Deduction equal to the Interest at Five per Centum per Annum on such Deficiency shall be made from that Allowance of Sixty-three thousand Dollars. (60)
Form of Payments
120.
All Payments to be made under this Act, or in discharge of Liabilities created under any Act of the Provinces of Canada, Nova Scotia, and New Brunswick respectively, and assumed by Canada, shall, until the Parliament of Canada otherwise directs, be made in such Form and Manner as may from Time to Time be ordered by the Governor General in Council.
Canadian Manufactures, etc.
121.
All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.
Continuance of Customs and Excise Laws
122.
The Customs and Excise Laws of each Province shall, subject to the Provisions of this Act, continue in force until altered by the Parliament of Canada. (61)
Exportation and Importation as between Two Provinces
123.
Where Customs Duties are, at the Union, leviable on any Goods, Wares, or Merchandises in any Two Provinces, those Goods, Wares, and Merchandises may, from and after the Union, be imported from one of those Provinces into the other of them on Proof of Payment of the Customs Duty leviable thereon in the Province of Exportation, and on Payment of such further Amount (if any) of Customs Duty as is leviable thereon in the Province of Importation. (62)
Lumber Dues in New Brunswick
124.
Nothing in this Act shall affect the Right of New Brunswick to levy the Lumber Dues provided in Chapter Fifteen of Title Three of the Revised Statutes of New Brunswick, or in any Act amending that Act before or after the Union, and not increasing the Amount of such Dues; but the Lumber of any of the Provinces other than New Brunswick shall not be subject to such Dues. (63)
Exemption of Public Lands, etc.
125.
No Lands or Property belonging to Canada or any Province shall be liable to Taxation.
Provincial Consolidated Revenue Fund
126.
Such Portions of the Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union Power of Appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special Powers conferred upon them by this Act, shall in each Province form One Consolidated Revenue Fund to be appropriated for the Public Service of the Province.

IX. MISCELLANEOUS PROVISIONS

GENERAL
[Repealed]
127.
Repealed. (64)
Oath of Allegiance, etc.
128.
Every Member of the Senate or House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before taking his Seat therein take and subscribe before the Lieutenant Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Member of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor General, or some Person authorized by him, the Declaration of Qualification contained in the same Schedule.
Continuance of existing Laws, Courts, Officers, etc.
129.
Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all Courts of Civil and Criminal Jurisdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the Parliament of Canada, or by the Legislature of the respective Province, according to the Authority of the Parliament or of that Legislature under this Act. (65)
Transfer of Officers to Canada
130.
Until the Parliament of Canada otherwise provides, all Officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made. (66)
Appointment of new Officers
131.
Until the Parliament of Canada otherwise provides, the Governor General in Council may from Time to Time appoint such Officers as the Governor General in Council deems necessary or proper for the effectual Execution of this Act.
Treaty Obligations
132.
The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.
Use of English and French Languages
133.
Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages. (67)

ONTARIO AND QUEBEC
Appointment of Executive Officers for Ontario and Quebec
134.
Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant Governors of Ontario and Quebec may each appoint under the Great Seal of the Province the following Officers, to hold Office during Pleasure, that is to say, — 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, and in the Case of Quebec the Solicitor General, and may, by Order of the Lieutenant Governor in Council, from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof, and may also appoint other and additional Officers to hold Office during Pleasure, and may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof. (68)
Powers, Duties, etc. of Executive Officers
135.
Until the Legislature of Ontario or Quebec otherwise provides, all Rights, Powers, Duties, Functions, Responsibilities, or Authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer to be appointed by the Lieutenant Governor for the Discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the Duties and Functions of the Office of Minister of Agriculture at the passing of this Act imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works. (69)
Great Seals
136.
Until altered by the Lieutenant Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same Design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada.
Construction of temporary Acts
137.
The words "and from thence to the End of the then next ensuing Session of the Legislature," or Words to the same Effect, used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada if the Subject Matter of the Act is within the Powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively if the Subject Matter of the Act is within the Powers of the same as defined by this Act.
As to Errors in Names
138.
From and after the Union the Use of the Words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of "Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or Thing shall not invalidate the same.
As to issue of Proclamations before Union, to commence after Union
139.
Any Proclamation under the Great Seal of the Province of Canada issued before the Union to take effect at a Time which is subsequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several Matters and Things therein proclaimed, shall be and continue of like Force and Effect as if the Union had not been made. 70)
As to issue of Proclamations after Union
140.
Any Proclamation which is authorized by any Act of the Legislature of the Province of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Quebec, as its Subject Matter requires, under the Great Seal thereof; and from and after the Issue of such Proclamation the same and the several Matters and Things therein proclaimed shall be and continue of the like Force and Effect in Ontario or Quebec as if the Union had not been made. (71)
Penitentiary
141.
The Penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec. (72)
Arbitration respecting Debts, etc.
142.
The Division and Adjustment of the Debts, Credits, Liabilities, Properties, and Assets of Upper Canada and Lower Canada shall be referred to the Arbitrament of Three Arbitrators, One chosen by the Government of Ontario, One by the Government of Quebec, and One by the Government of Canada; and the Selection of the Arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the Arbitrator chosen by the Government of Canada shall not be a Resident either in Ontario or in Quebec. (73)
Division of Records
143.
The Governor General in Council may from Time to Time order that such and so many of the Records, Books, and Documents of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the Property of that Province; and any Copy thereof or Extract therefrom, duly certified by the Officer having charge of the Original thereof, shall be admitted as Evidence. (74)
Constitution of Townships in Quebec
144.
The Lieutenant Governor of Quebec may from Time to Time, by Proclamation under the Great Seal of the Province, to take effect from a Day to be appointed therein, constitute Townships in those Parts of the Province of Quebec in which Townships are not then already constituted, and fix the Metes and Bounds thereof.

X. INTERCOLONIAL RAILWAY
[Repealed]
145.
Repealed. (75)

XI. ADMISSION OF OTHER COLONIES
Power to admit Newfoundland, etc., into the Union
146.
It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. (76)
As to Representation of Newfoundland and Prince Edward Island in Senate
147.
In case of the Admission of Newfoundland and Prince Edward Island, or either of them, each shall be entitled to a Representation in the Senate of Canada of Four Members, and (notwithstanding anything in this Act) in case of the Admission of Newfoundland the normal Number of Senators shall be Seventy-six and their maximum Number shall be Eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the Three Divisions into which Canada is, in relation to the Constitution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is admitted or not, the Representation of Nova Scotia and New Brunswick in the Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members respectively, and the Representation of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provisions of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen. (77)


The First Schedule
The Second Schedule
The Third Schedule
The Fourth Schedule
The Fifth Schedule
The Sixth Schedule


THE THIRD SCHEDULE
Provincial Public Works and Property to be the Property of Canada
1.
Canals, with Lands and Water Power connected therewith.
2.
Public Harbours.
3.
Lighthouses and Piers, and Sable Island.
4.
Steamboats, Dredges, and public Vessels.
5.
Rivers and Lake Improvements.
6.
Railways and Railway Stocks, Mortgages, and other Debts due by Railway Companies.
7.
Military Roads.
8.
Custom Houses, Post Offices, and all other Public Buildings, except such as the Government of Canada appropriate for the Use of the Provincial Legislatures and Governments.
9.
Property transferred by the Imperial Government, and known as Ordnance Property.
10.
Armouries, Drill Sheds, Military Clothing, and Munitions of War, and Lands set apart for general Public Purposes.

THE FOURTH SCHEDULE
Assets to be the Property of Ontario and Quebec conjointlyUpper Canada Building Fund.
Lunatic Asylums.
Normal School.
Court Houses in Aylmer. Montreal. Kamouraska. (Lower Canada.)
Law Society, Upper Canada.
Montreal Turnpike Trust.
University Permanent Fund.
Royal Institution.
Consolidated Municipal Loan Fund, Upper Canada.
Consolidated Municipal Loan Fund, Lower Canada.
Agricultural Society, Upper Canada.
Lower Canada Legislative Grant.
Quebec Fire Loan.
Temiscouata Advance Account.
Quebec Turnpike Trust.
Education - East.
Building and Jury Fund, Lower Canada.
Municipalities Fund.
Lower Canada Superior Education Income Fund.


THE FIFTH SCHEDULE
Oath of Allegiance: I (A.B.) do swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria.
Note. The Name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with proper Terms of Reference thereto.

Declaration of Qualification
I (A.B.) do declare and testify, That I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the Case may be], and that I am legally or equitably seised as of Freehold for my own Use and Benefit of Lands or Tenements held in Free and Common Socage [or seised or possessed for my own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture (as the Case may be),] in the Province of Nova Scotia [or as the Case may be] of the Value of Four thousand Dollarsover and above all Rents, Dues, Debts, Mortgages, Charges, and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements or any Part thereof for the Purpose of enabling me to become a Member of the Senate of Canada [or as the Case may be], and that my Real and Personal Property are together worth Four thousand Dollars over and above my Debts and Liabilities. ('Tis a pity that the $4000 amount was never adjusted for inflation ..... since 1867! Some say that would mean the modern qualifications would be about 60times ($240,000 net net) others say 80times ($320,000 net net)


THE SIXTH SCHEDULE(78)
Primary Production from Non-Renewable Natural Resources and Forestry Resources
1.
For the purposes of section 92A of this Act,
(a) production from a non-renewable natural resource is primary production therefrom if
(i) it is in the form in which it exists upon its recovery or severance from its natural state, or
(ii) it is a product resulting from processing or refining the resource, and is not a manufactured product or a product resulting from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and
(b) production from a forestry resource is primary production therefrom if it consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood.

Many other British North America Acts, 18xx and 19xx (all renamed in 1982 as Constitution Acts of the same year) also exist and, along with many Acts pre-dating Confederation, form our entire constitutional 'body of laws'.
-Royal Proclamation of 1763
-Quebec Act of 1774
-Constitutional Act of 1791
-Act of Union 1840





Our constitutional 1982 revisions were enacted as Schedule B to the
CANADA ACT 1982, (U.K.) 1982, c.11
which came into force on April 17, 1982. (80)
The Canada Act 1982, other than Schedules A (French language version - never completed) and B thereto, reads as follows:

An Act to give effect to a request by the Senate and House of Commons of Canada

Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose.

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.

2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law. (British Cabinet bows out, no longer are they the Advisors to the Monarch whose Advice She must accept - The Queen can decide, as an individual, to disallow any Canadian Bill, within the 2yr timeframe set out in BNA 1867 s.56 and She can decide, as an individual, whether to signify (or not) a Bill Reserved by the Governor General s.57)

3. So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this Act and has the same authority in Canada as the English version thereof.

4. This Act may be cited as the Canada Act 1982.

posted by Walk a Kb or Two in my cassins | 2:32 pm

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