Constitution Acts, 1867 to 1982

NOTES

  • (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as follows:

    Be it therefore enacted and declared 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:

  • (2) As amended by the Constitution Act, 1982, which came into force on April 17, 1982. The section originally read as follows:

    1.  This Act may be cited as The British North America Act, 1867.

  • (3) Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows: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.

  • (4) The first day of July, 1867, was fixed by proclamation dated May 22, 1867.

  • (5) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section originally read as follows:

    4.  The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen’s Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.

  • (6) Canada now consists of ten provinces (Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Alberta, Saskatchewan and Newfoundland and Labrador) and three territories (Yukon, the Northwest Territories and Nunavut).

    The first territories added to the Union were Rupert’s Land and the North-Western Territory (subsequently designated the Northwest Territories), which were admitted pursuant to section 146 of the Constitution Act, 1867 and the Rupert’s Land Act, 1868, 31-32 Vict., c. 105 (U.K.), by the Rupert’s Land and North-Western Territory Order of June 23, 1870, effective July 15, 1870. Prior to the admission of those territories, the Parliament of Canada enacted An Act for the temporary Government of Rupert’s Land and the North-Western Territory when united with Canada (32-33 Vict., c. 3), and the Manitoba Act, 1870 (33 Vict., c. 3), which provided for the formation of the Province of Manitoba.

    British Columbia was admitted into the Union pursuant to section 146 of the Constitution Act, 1867, by the British Columbia Terms of Union, being Order in Council of May 16, 1871, effective July 20, 1871.

    Prince Edward Island was admitted pursuant to section 146 of the Constitution Act, 1867, by the Prince Edward Island Terms of Union, being Order in Council of June 26, 1873, effective July 1, 1873.

    On June 29, 1871, the United Kingdom Parliament enacted the Constitution Act, 1871 (34-35 Vict., c. 28) authorizing the creation of additional provinces out of territories not included in any province. Pursuant to this statute, the Parliament of Canada enacted the Alberta Act (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan Act (July 20, 1905, 4-5 Edw. VII, c. 42), providing for the creation of the provinces of Alberta and Saskatchewan, respectively. Both of these Acts came into force on September 1, 1905.

    Meanwhile, all remaining British possessions and territories in North America and the islands adjacent thereto, except the colony of Newfoundland and its dependencies, were admitted into the Canadian Confederation by the Adjacent Territories Order, dated July 31, 1880.

    The Parliament of Canada added portions of the Northwest Territories to the adjoining provinces in 1912 by The Ontario Boundaries Extension Act, S.C. 1912, 2 Geo. V, c. 40, The Quebec Boundaries Extension Act, 1912, 2 Geo. V, c. 45 and The Manitoba Boundaries Extension Act, 1912, 2 Geo. V, c. 32, and further additions were made to Manitoba by The Manitoba Boundaries Extension Act, 1930, 20-21 Geo. V, c. 28.

    The Yukon Territory was created out of the Northwest Territories in 1898 by The Yukon Territory Act, 61 Vict., c. 6.

    Newfoundland was added on March 31, 1949, by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), which ratified the Terms of Union of Newfoundland with Canada.

    Nunavut was created out of the Northwest Territories in 1999 by the Nunavut Act, S.C. 1993, c. 28.

  • (7) See footnote (65) to section 129, below.

  • (8) Repealed and re-enacted by the Parliament of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.). The original section read as follows:

    18.  The Privileges, Immunities, and Powers 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 the same shall never exceed those at the passing of this 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.

  • (9) Spent. The first session of the first Parliament began on November 6, 1867.

  • (10) Section 20, repealed by the Constitution Act, 1982, read as follows:

    20.  There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first sitting in the next Session.

    Section 20 has been replaced by section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of Parliament at least once every twelve months.

  • (11) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:

    21.  The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators.

    The Manitoba Act, 1870, added two senators for Manitoba; the British Columbia Terms of Union added three; upon admission of Prince Edward Island four more were provided by section 147 of the Constitution Act, 1867; the Alberta Act and the Saskatchewan Act each added four. The Senate was reconstituted at 96 by the Constitution Act, 1915. Six more senators were added upon union with Newfoundland, and one senator each was added for Yukon and the Northwest Territories by the Constitution Act (No. 2), 1975. One senator was added for Nunavut by the Constitution Act, 1999 (Nunavut).

  • (12)As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53 and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:

    22.  In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions:

    • 1. Ontario;
    • 2. Quebec;
    • 3. The Maritime Provinces, Nova Scotia and New Brunswick;

    which Three 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; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick.

    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.

    The reference in section 22 to the Consolidated Statutes of Canada is a reference to the Consolidated Statutes of 1859.

  • (13) Section 44 of the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provided that, for the purposes of that Part (which added one senator for Nunavut), the word “Province” in section 23 of the Constitution Act, 1867 has the same meaning as is assigned to the word “province” by section 35 of the Interpretation Act, R.S.C. 1985, c. I-21, as amended, which provides that the term “province” means “a province of Canada, and includes Yukon, the Northwest Territories and Nunavut”.

    Section 2 of the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, provided that for the purposes of that Act (which added one senator each for the Yukon Territory and the Northwest Territories) the term “Province” in section 23 of the Constitution Act, 1867 has the same meaning as is assigned to the term “province” by section 28 of the Interpretation Act, R.S.C. 1970, c. I-23, which provides that the term “province” means “a province of Canada, and includes the Yukon Territory and the Northwest Territories”.

  • (14) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

    25.  Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty’s Royal Sign Manual thinks fit to approve, and their Names shall be inserted in the Queen’s Proclamation of Union.

  • (15) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as follows:

    26.  If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Three or Six Members be added to the Senate, the Governor General may by Summons to Three or Six qualified Persons (as the Case may be), representing equally the Three Divisions of Canada, add to the Senate accordingly.

  • (16) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as follows:

    27.  In case of such Addition being at any Time made the Governor General shall not summon any Person to the Senate except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators and no more.

  • (17) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:

    28.  The Number of Senators shall not at any Time exceed Seventy-eight.

  • (18) As enacted by the Constitution Act, 1965, S.C. 1965, c. 4, which came into force on June 2, 1965. The original section read as follows:

    29.  A Senator shall, subject to the Provisions of this Act, hold his Place in the Senate for Life.

  • (19) Provision for exercising the functions of Speaker during his or her absence is made by Part II of the Parliament of Canada Act, R.S.C. 1985, c. P-1 (formerly the Speaker of the Senate Act, R.S.C. 1970, c. S-14). Doubts as to the power of Parliament to enact the Speaker of the Senate Act were removed by the Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.), which was repealed by the Constitution Act, 1982.

  • (20) The figures given here result from the application of section 51, as enacted by the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, and amended by the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, and readjustments made pursuant to the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3. The original section (which was altered from time to time as the result of the addition of new provinces and changes in population) read as follows:

    37.  The House of Commons shall, subject to the Provisions of this Act, consist of one hundred and eighty-one members, of whom Eighty-two shall be elected for Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New Brunswick.

  • (21) Spent. The electoral districts are now established by proclamations issued from time to time under the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as amended for particular districts by Acts of Parliament (see the most recent Table of Public Statutes and Responsible Ministers).

  • (22) Spent. Elections are now provided for by the Canada Elections Act, S.C. 2000, c. 9; qualifications and disqualifications of members by the Parliament of Canada Act, R.S.C. 1985, c. P-1. The right of citizens to vote and hold office is provided for in section 3 of the Constitution Act, 1982.

  • (23) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

    42.  For the First Election of Members to serve in the House of Commons the Governor General shall cause Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit.

    The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly.

  • (24) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

    • 43.    In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such Vacant District.

  • (25) Provision for exercising the functions of Speaker during his or her absence is now made by Part III of the Parliament of Canada Act, R.S.C. 1985, c. P-1.

  • (26) The term of the 12th Parliament was extended by the British North America Act, 1916, 6-7 Geo. V., c. 19 (U.K.), which Act was repealed by the Statute Law Revision Act, 1927, 17-18 Geo. V, c. 42 (U.K.). See also the Constitution Act, 1982, subsection 4(1), which provides that no House of Commons shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members, and subsection 4(2), which provides for continuation of the House of Commons in special circumstances.

  • (27) As enacted by the Fair Representation Act, S.C. 2011, c. 26, s. 2, which came into force on royal assent on December 16, 2011.

    The section, as originally enacted, read as follows:

    • 51.    On the Completion of the Census in the Year One Thousand eight hundred and seventy-one, and of each subsequent decennial Census, the Representation of the Four Provinces shall 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:

      • (1)  Quebec shall have the fixed Number of Sixty-five Members:

      • (2)  There shall be assigned to each of the other Provinces such a Number of Members as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained):

      • (3) In the Computation of the Number of Members for a Province a fractional Part not exceeding One Half of the whole Number requisite for entitling the Province to a Member shall be disregarded; but a fractional Part exceeding One Half of that Number shall be equivalent to the whole Number:

      • (4)  On any such Re-adjustment the Number of Members for a Province shall not be reduced unless the Proportion which the Number of the Population of the Province bore to the Number of the aggregate Population of Canada at the then last preceding Re-adjustment of the Number of Members for the Province is ascertained at the then latest Census to be diminished by One Twentieth Part or upwards:

      • (5)  Such Re-adjustment shall not take effect until the Termination of the then existing Parliament.

    The section was amended by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.) by repealing the words after “of the census” to “seventy-one and” and the word “subsequent”.

    By the British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.), which Act was repealed by the Constitution Act, 1982, redistribution of seats following the 1941 census was postponed until the first session of Parliament after the war. The section was re-enacted by the British North America Act, 1946, 9-10 Geo. VI, c. 63 (U.K.), which Act was also repealed by the Constitution Act, 1982, to read as follows:

    • 51. (1) The number of members of the House of Commons shall be two hundred and fifty-five and the representation of the provinces therein shall forthwith upon the coming into force of this section 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:

      • (1) Subject as hereinafter provided, there shall be assigned to each of the provinces a number of members computed by dividing the total population of the provinces by two hundred and fifty-four and by dividing the population of each province by the quotient so obtained, disregarding, except as hereinafter in this section provided, the remainder, if any, after the said process of division.

      • (2) If the total number of members assigned to all the provinces pursuant to rule one is less than two hundred and fifty-four, additional members shall be assigned to the provinces (one to a province) having remainders in the computation under rule one commencing with the province having the largest remainder and continuing with the other provinces in the order of the magnitude of their respective remainders until the total number of members assigned is two hundred and fifty-four.

      • (3) Notwithstanding anything in this section, if upon completion of a computation under rules one and two, the number of members to be assigned to a province is less than the number of senators representing the said province, rules one and two shall cease to apply in respect of the said province, and there shall be assigned to the said province a number of members equal to the said number of senators.

      • (4) In the event that rules one and two cease to apply in respect of a province then, for the purpose of computing the number of members to be assigned to the provinces in respect of which rules one and two continue to apply, the total population of the provinces shall be reduced by the number of the population of the province in respect of which rules one and two have ceased to apply and the number two hundred and fifty-four shall be reduced by the number of members assigned to such province pursuant to rule three.

      • (5) Such readjustment shall not take effect until the termination of the then existing Parliament.

    • (2) The Yukon Territory as constituted by Chapter forty-one of the Statutes of Canada, 1901, together with any Part of Canada not comprised within a province which may from time to time be included therein by the Parliament of Canada for the purposes of representation in Parliament, shall be entitled to one member.

    The section was re-enacted as follows by the British North America Act, 1952, S.C. 1952, c. 15 (which Act was also repealed by the Constitution Act, 1982):

    • 51. (1) Subject as hereinafter provided, the number of members of the House of Commons shall be two hundred and sixty-three and the representation of the provinces therein shall forthwith upon the coming into force of this section 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:

      • 1. There shall be assigned to each of the provinces a number of members computed by dividing the total population of the provinces by two hundred and sixty-one and by dividing the population of each province by the quotient so obtained, disregarding, except as hereinafter in this section provided, the remainder, if any, after the said process of division.

      • 2. If the total number of members assigned to all the provinces pursuant to rule one is less than two hundred and sixty-one, additional members shall be assigned to the provinces (one to a province) having remainders in the computation under rule one commencing with the province having the largest remainder and continuing with the other provinces in the order of the magnitude of their respective remainders until the total number of members assigned is two hundred and sixty-one.

      • 3. Notwithstanding anything in this section, if upon completion of a computation under rules one and two the number of members to be assigned to a province is less than the number of senators representing the said province, rules one and two shall cease to apply in respect of the said province, and there shall be assigned to the said province a number of members equal to the said number of senators.

      • 4. In the event that rules one and two cease to apply in respect of a province then, for the purposes of computing the number of members to be assigned to the provinces in respect of which rules one and two continue to apply, the total population of the provinces shall be reduced by the number of the population of the province in respect of which rules one and two have ceased to apply and the number two hundred and sixty-one shall be reduced by the number of members assigned to such province pursuant to rule three.

      • 5. On any such readjustment the number of members for any province shall not be reduced by more than fifteen per cent below the representation to which such province was entitled under rules one to four of this subsection at the last preceding readjustment of the representation of that province, and there shall be no reduction in the representation of any province as a result of which that province would have a smaller number of members than any other province that according to the results of the then last decennial census did not have a larger population; but for the purposes of any subsequent readjustment of representation under this section any increase in the number of members of the House of Commons resulting from the application of this rule shall not be included in the divisor mentioned in rules one to four of this subsection.

      • 6. Such readjustment shall not take effect until the termination of the then existing Parliament.

    • (2) The Yukon Territory as constituted by chapter forty-one of the statutes of Canada, 1901, shall be entitled to one member, and such other part of Canada not comprised within a province as may from time to time be defined by the Parliament of Canada shall be entitled to one member.

    Subsection 51(1) was re-enacted by the Constitution Act, 1974, S.C. 1974-75-76, c. 13, to read as follows:

    • 51. (1) The number of members of the House of Commons and the representation of the provinces therein shall upon 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:

    • 1. There shall be assigned to Quebec seventy-five members in the readjustment following the completion of the decennial census taken in the year 1971, and thereafter four additional members in each subsequent readjustment.

    • 2. Subject to Rules 5(2) and (3), there shall be assigned to a large province a number of members equal to the number obtained by dividing the population of the large province by the electoral quotient of Quebec.

    • 3. Subject to Rules 5(2) and (3), there shall be assigned to a small province a number of members equal to the number obtained by dividing

      • (a) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces (other than Quebec) having populations of less than one and a half million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census; and

      • (b) the population of the small province by the quotient obtained under paragraph (a).

    • 4. Subject to Rules 5(1)(a), (2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained

      • (a) by dividing the sum of the populations of the provinces (other than Quebec) having populations of less than one and a half million by the sum of the number of members assigned to those provinces under any of Rules 3, 5(1)(b), (2) and (3);

      • (b) by dividing the population of the intermediate province by the quotient obtained under paragraph (a); and

      • (c) by adding to the number of members assigned to the intermediate province in the readjustment following the completion of the penultimate decennial census one-half of the difference resulting from the subtraction of that number from the quotient obtained under paragraph (b).

      • 5. (1) On any readjustment,

        • (a) if no province (other than Quebec) has a population of less than one and a half million, Rule 4 shall not be applied and, subject to Rules 5(2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained by dividing

          • (i) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces, (other than Quebec) having populations of not less than one and a half million and not more than two and a half million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census, and

          • (ii) the population of the intermediate province by the quotient obtained under subparagraph (i);

        • (b) if a province (other than Quebec) having a population of

          • (i) less than one and a half million, or

          • (ii) not less than one and a half million and not more than two and a half million

        does not have a population greater than its population determined according to the results of the penultimate decennial census, it shall, subject to Rules 5(2) and (3), be assigned the number of members assigned to it in the readjustment following the completion of that census.

      • (2) On any readjustment,

        • (a) if, under any of Rules 2 to 5(1), the number of members to be assigned to a province (in this paragraph referred to as “the first province”) is smaller than the number of members to be assigned to any other province not having a population greater than that of the first province, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the largest number of members to be assigned to any other province not having a population greater than that of the first province;

        • (b) if, under any of Rules 2 to 5(1)(a), the number of members to be assigned to a province is smaller than the number of members assigned to it in the readjustment following the completion of the penultimate decennial census, those Rules shall not be applied to it and it shall be assigned the latter number of members;

        • (c) if both paragraphs (a) and (b) apply to a province, it shall be assigned a number of members equal to the greater of the numbers produced under those paragraphs.

      • (3) On any readjustment,

        • (a) if the electoral quotient of a province (in this paragraph referred to as “the first province”) obtained by dividing its population by the number of members to be assigned to it under any of Rules 2 to 5(2) is greater than the electoral quotient of Quebec, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the number obtained by dividing its population by the electoral quotient of Quebec;

        • (b) if, as a result of the application of Rule 6(2)(a), the number of members assigned to a province under paragraph (a) equals the number of members to be assigned to it under any of Rules 2 to 5(2), it shall be assigned that number of members and paragraph (a) shall cease to apply to that province.

      • 6. (1) In these Rules,

        “electoral quotient” means, in respect of a province, the quotient obtained by dividing its population, determined according to the results of the then most recent decennial census, by the number of members to be assigned to it under any of Rules 1 to 5(3) in the readjustment following the completion of that census;

        “intermediate province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census but not more than two and a half million and not less than one and a half million;

        “large province” means a province (other than Quebec) having a population greater than two and a half million;

        “penultimate decennial census” means the decennial census that preceded the then most recent decennial census;

        “population” means, except where otherwise specified, the population determined according to the results of the then most recent decennial census;

        “small province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census and less than one and half million.

      (2) For the purposes of these Rules,

      (a) if any fraction less than one remains upon completion of the final calculation that produces the number of members to be assigned to a province, that number of members shall equal the number so produced disregarding the fraction;

      (b) if more than one readjustment follows the completion of a decennial census, the most recent of those readjustments shall, upon taking effect, be deemed to be the only readjustment following the completion of that census;

      (c) a readjustment shall not take effect until the termination of the then existing Parliament.

    Subsection 51(1) was re-enacted by the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, as follows:

    • 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.

  • (28) As enacted by the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. Note that the description of the territory of Yukon is now set out in Schedule 1 to the Yukon Act, S.C. 2002, c. 7, which replaced R.S.C. 1985, c. Y-2. Subsection 51(2) was previously amended by the Constitution Act (No. 1), 1975, S.C. 1974-75-76, c. 28, and read as follows:

    (2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in section 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.

  • (29) As enacted by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.).

  • (30) Provided for by the Salaries Act, R.S.C. 1985, c. S-3.

  • (31) Now provided for in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25, and in Quebec by the Executive Power Act, R.S.Q., c. E-18.

  • (32) A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island, and Newfoundland. The Executive Authorities for Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See footnote (6) to section 5, above.

  • (33) See footnote (65) to section 129, below.

  • (34) Spent. Now covered by the Representation Act, 2005, S.O. 2005, c. 35, Schedule 1.

  • (35) An Act respecting the Legislative Council of Quebec, S.Q. 1968, c. 9, provided that the Legislature for Quebec shall consist of the Lieutenant Governor and the National Assembly of Quebec, and repealed the provisions of the Legislature Act, R.S.Q. 1964, c. 6, relating to the Legislative Council of Quebec. Now covered by the National Assembly Act, R.S.Q. c. A-23.1. Sections 72 to 79 following are therefore completely spent.

  • (36) An Act respecting the electoral districts, S.Q. 1970, c. 7, provides that this section no longer has effect.

  • (37) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

    81.  The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months after the Union.

  • (38) Probably spent. The subject-matter of this section is now covered in Ontario by the Legislative Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the National Assembly Act, R.S.Q. c. A-23.1.

  • (39) Probably spent. The subject-matter of this section is now covered in Ontario by the Election Act, R.S.O. 1990, c. E.6, and the Legislative Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the Election Act, R.S.Q. c. E-3.3 and the National Assembly Act, R.S.Q. c. A-23.1.

  • (40) The maximum duration of the Legislative Assembly of Quebec has been changed to five years. See the National Assembly Act, R.S.Q. c. A-23.1. See also section 4 of the Constitution Act, 1982, which provides a maximum duration for a legislative assembly of five years but also authorizes continuation in special circumstances.

  • (41) See also section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of each legislature at least once every twelve months.

  • (42) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), which deleted the following concluding words of the original enactment:

    and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless soooner dissolved, continue for the Period for which it was elected.

    A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island and Newfoundland. The Legislatures of Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See footnote (6) to section 5, above.

    See also sections 3 to 5 of the Constitution Act, 1982, which prescribe democratic rights applicable to all provinces, and subitem 2(2) of the Schedule to that Act, which sets out the repeal of section 20 of the Manitoba Act, 1870. Section 20 of the Manitoba Act, 1870 has been replaced by section 5 of the Constitution Act, 1982. Section 20 read as follows:

    20.  There shall be a Session of the Legislature once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session.

  • (43) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

    89.  Each of the Lieutenant Governors of Ontario, Quebec and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District.

  • (44) A new class 1 was added by the British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.). That Act and class 1 were repealed by the Constitution Act, 1982. The matters referred to in class 1 are provided for in subsection 4(2) and Part V of the Constitution Act, 1982. As enacted, class 1 read as follows:

    1. The amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces, or as regards rights or privileges by this or any other Constitutional Act granted or secured to the Legislature or the Government of a province, or to any class of persons with respect to schools or as regards the use of the English or the French language or as regards the requirements that there shall be a session of the Parliament of Canada at least once each year, and that no House of Commons shall continue for more than five years from the day of the return of the Writs for choosing the House: provided, however, that a House of Commons may in time of real or apprehended war, invasion or insurrection be continued by the Parliament of Canada if such continuation is not opposed by the votes of more than one-third of the members of such House.

  • (45) The original class 1 was re-numbered by the British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.), as class 1A.

  • (46) Added by the Constitution Act, 1940, 3-4 Geo. VI, c. 36 (U.K.).

  • (47) Legislative authority has been conferred on Parliament by other Acts.

    Acts conferring legislative authority on Parliament:

    • 1. The Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.):

      • 2. The Parliament of Canada may from time to time establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the said Parliament.

      • 3. The Parliament of Canada may from time to time, with the consent of the Legislature of any province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby.

      • 4. The Parliament of Canada may from time to time make provision for the administration, peace, order, and good government of any territory not for the time being included in any Province.

      • 5. The following Acts passed by the said Parliament of Canada, and intituled respectively, — “An Act for the temporary government of Rupert’s Land and the North Western Territory when united with Canada”; and “An Act to amend and continue the Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for the government of “the Province of Manitoba”, shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively received the assent, in the Queen’s name, of the Governor General of the said Dominion of Canada.

      • 6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter the provisions of the last-mentioned Act of the said Parliament in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province.

    The Rupert’s Land Act, 1868, 31-32 Vict., c. 105 (U.K.) (repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.)), had previously conferred similar authority in relation to Rupert’s Land and the North-Western Territory upon admission of those areas.

    • 2. The Constitution Act, 1886, 49-50 Vict., c. 35 (U.K.):

      • 1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof.

    • 3. The Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.):

      • 3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation.

    • 4. Under section 44 of the Constitution Act, 1982, Parliament has exclusive authority to amend the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons. Sections 38, 41, 42 and 43 of that Act authorize the Senate and House of Commons to give their approval to certain other constitutional amendments by resolution.

  • (48) Class 1 was repealed by the Constitution Act, 1982. As enacted, it read as follows:

    1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of Lieutenant Governor.

    Section 45 of the Constitution Act, 1982 now authorizes legislatures to make laws amending the constitution of the province. Sections 38, 41, 42 and 43 of that Act authorize legislative assemblies to give their approval by resolution to certain other amendments to the Constitution of Canada.

  • (49) Added by section 50 of the Constitution Act, 1982.

  • (50) Alternative provisions have been enacted for four provinces.

    An alternative was provided for Manitoba by section 22 of the Manitoba Act, 1870, 33 Vict., c. 3 (confirmed by the Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.)), which section reads as follows:

    • 22. In and for the Province, the said 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 or practice in the Province at the Union:

      • (2) An appeal shall lie to the Governor General in Council from any Act or decision of the Legislature of the Province, or 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:

      • (3) 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.

    An alternative was provided for Alberta by section 17 of the Alberta Act, 1905, 4-5 Edw. VII, c. 3, which section reads as follows:

    • 17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph:

      • (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.

      • 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29.

      • 3. Where the expression “by law” is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression “at the Union” is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force.

    An alternative was provided for Saskatchewan by section 17 of the Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42, which section reads as follows:

    • 17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93, of the following paragraph:

      • (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.

      • 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29, or any Act passed in amendment thereof or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29.

      • 3. Where the expression “by law” is employed in paragraph (3) of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30; and where the expression “at the Union” is employed in the said paragraph (3), it shall be held to mean the date at which this Act comes into force.

    An alternative was provided for Newfoundland by Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)). Term 17 of the Terms of Union of Newfoundland with Canada, set out in the penultimate paragraph of this note, was amended by the Constitution Amendment, 1998 (Newfoundland Act) (see SI/98-25) and the Constitution Amendment, 2001 (Newfoundland and Labrador) (see SI/2001-117), and now reads as follows:

    • 17.
      • (1) In lieu of section ninety-three of the Constitution Act, 1867, this term shall apply in respect of the Province of Newfoundland and Labrador.

      • (2) In and for the Province of Newfoundland and Labrador, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination.

      • (3) Religious observances shall be permitted in a school where requested by parents.

    Prior to the Constitution Amendment, 1998 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1997 (Newfoundland Act) (see SI/97-55) to read as follows:

    • 17. In lieu of section ninety-three of the Constitution Act, 1867, the following shall apply in respect of the Province of Newfoundland:

      In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but

      • (a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;

      • (b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,

        • (i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and

        • (ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;

      • (c) where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;

      • (d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and

      • (e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board’s jurisdiction.

    Prior to the Constitution Amendment, 1997 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1987 (Newfoundland Act) (see SI/88-11) to read as follows:

    • 17.
      • (1) In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:

        In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,

        • (a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

        • (b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

      • (2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words “all such schools” in paragraph (a) of paragraph one of this Term and the words “all such colleges” in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland.

    Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)), which Term provided an alternative for Newfoundland, originally read as follows:

    • 17. In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:

      In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,

      • (a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

      • (b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

    See also sections 23, 29 and 59 of the Constitution Act, 1982. Section 23 provides for new minority language educational rights and section 59 permits a delay in respect of the coming into force in Quebec of one aspect of those rights. Section 29 provides that nothing in the Canadian Charter of Rights and Freedoms abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.

  • (51) Added by the Constitution Amendment, 1997 (Quebec) (see SI/97-141).

  • (52) Amended by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was repealed by the Constitution Act, 1982, section 94A read as follows:

    94A.  It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old age pensions in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect the operation of any law present or future of a Provincial Legislature in relation to old age pensions.

  • (53) Amended by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March 1, 1961. The original section read as follows:

    99.  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.

  • (54) Now provided for in the Judges Act, R.S.C. 1985, c. J-1.

  • (55) See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Courts Act, R.S.C. 1985, c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2.

  • (56) Now covered by the Governor General’s Act, R.S.C. 1985, c. G-9.

  • (57) Manitoba, Alberta and Saskatchewan were placed in the same position as the original provinces by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.).

    These matters were dealt with in respect of British Columbia by the British Columbia Terms of Union and also in part by the Constitution Act, 1930.

    Newfoundland was also placed in the same position by the Newfoundland Act, 12-13 Geo. V1, c. 22 (U.K.).

    With respect to Prince Edward Island, see the Schedule to the Prince Edward Island Terms of Union.

  • (58) The obligations imposed by sections 114, 115 and 116, and similar obligations under the instruments creating or admitting other provinces, are now to be found in the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

  • (59) Repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.).

    The section originally read as follows:

    • 118. The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures:

      Dollars.

      Ontario

      Eighty thousand.

      Quebec

      Seventy thousand.

      Nova Scotia

      Sixty thousand.

      New Brunswick

      Fifty thousand.

      Two hundred and sixty thousand;

      and an annual Grant in aid of each Province shall be made, equal to Eighty Cents per Head of the Population as ascertained by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act.

    The section was made obsolete by the Constitution Act, 1907, 7 Edw. VII, c. 11 (U.K.), which provided:

    • 1.
      • (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support of its Government and Legislature:

        • (a) A fixed grant

          where the population of the province is under one hundred and fifty thousand, of one hundred thousand dollars;

          where the population of the province is one hundred and fifty thousand, but does not exceed two hundred thousand, of one hundred and fifty thousand dollars;

          where the population of the province is two hundred thousand, but does not exceed four hundred thousand, of one hundred and eighty thousand dollars;

          where the population of the province is four hundred thousand, but does not exceed eight hundred thousand, of one hundred and ninety thousand dollars;

          where the population of the province is eight hundred thousand, but does not exceed one million five hundred thousand, of two hundred and twenty thousand dollars;

          where the population of the province exceeds one million five hundred thousand, of two hundred and forty thousand dollars; and

        • (b) Subject to the special provisions of this Act as to the provinces of British Columbia and Prince Edward Island, a grant at the rate of eighty cents per head of the population of the province up to the number of two million five hundred thousand, and at the rate of sixty cents per head of so much of the population as exceeds that number.

      • (2) An additional grant of one hundred thousand dollars shall be made yearly to the province of British Columbia for a period of ten years from the commencement of this Act.

      • (3) The population of a province shall be ascertained from time to time in the case of the provinces of Manitoba, Saskatchewan, and Alberta respectively by the last quinquennial census or statutory estimate of population made under the Acts establishing those provinces or any other Act of the Parliament of Canada making provision for the purpose, and in the case of any other province by the last decennial census for the time being.

      • (4) The grants payable under this Act shall be paid half-yearly in advance to each province.

      • (5) The grants payable under this Act shall be substituted for the grants or subsidies (in this Act referred to as existing grants) payable for the like purposes at the commencement of this Act to the several provinces of the Dominion under the provisions of section one hundred and eighteen of the Constitution Act, 1867, or of any Order in Council establishing a province, or of any Act of the Parliament of Canada containing directions for the payment of any such grant or subsidy, and those provisions shall cease to have effect.

      • (6) The Government of Canada shall have the same power of deducting sums charged against a province on account of the interest on public debt in the case of the grant payable under this Act to the province as they have in the case of the existing grant.

      • (7) Nothing in this Act shall affect the obligation of the Government of Canada to pay to any province any grant which is payable to that province, other than the existing grant for which the grant under this Act is substituted.

      • (8) In the case of the provinces of British Columbia and Prince Edward Island, the amount paid on account of the grant payable per head of the population to the provinces under this Act shall not at any time be less than the amount of the corresponding grant payable at the commencement of this Act, and if it is found on any decennial census that the population of the province has decreased since the last decennial census, the amount paid on account of the grant shall not be decreased below the amount then payable, notwithstanding the decrease of the population.

    See the Provincial Subsidies Act, R.S.C. 1985, c. P-26, and the Federal-Provincial Fiscal Arrangements Act, R.S.C. 1985, c. F-8.

    See also Part III of the Constitution Act, 1982, which sets out commitments by Parliament and the provincial legislatures respecting equal opportunities, economic development and the provision of essential public services and a commitment by Parliament and the government of Canada to the principle of making equalization payments.

  • (60) Spent.

  • (61) Spent. Now covered by the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), the Customs Tariff, S.C. 1997, c. 36, the Excise Act, R.S.C. 1985, c. E-14, the Excise Act, 2001, S.C. 2002, c. 22 and the Excise Tax Act, R.S.C. 1985, c. E-15.

  • (62) Spent.

  • (63) These dues were repealed in 1873 by 36 Vict., c. 16 (N.B.). Also, see An Act respecting the Export Duties imposed on Lumber, etc. (1873) 36 Vict., c. 41 (Canada), and section 2 of the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

  • (64) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

    127.  If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council.

  • (65) The restriction against altering or repealing laws enacted by or existing under statutes of the United Kingdom was removed by the Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.), except in respect of certain constitutional documents. Comprehensive procedures for amending enactments forming part of the Constitution of Canada were provided by Part V of the Constitution Act, 1982.

  • (66) Spent.

  • (67) A similar provision was enacted for Manitoba by section 23 of the Manitoba Act, 1870, 33 Vict., c. 3 (confirmed by the Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.)). Section 23 reads as follows:

    23.  Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both these 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 the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.

    Sections 17 to 19 of the Constitution Act, 1982 restate the language rights set out in section 133 in respect of Parliament and the courts established under the Constitution Act, 1867, and also guarantee those rights in respect of the legislature of New Brunswick and the courts of that province.

    Sections 16, 20, 21 and 23 of the Constitution Act, 1982 recognize additional language rights in respect of the English and French languages. Section 22 preserves language rights and privileges of languages other than English and French.

  • (68) Spent. Now covered in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25 and in Quebec by the Executive Power Act, R.S.Q. c. E-18.

  • (69) Probably spent.

  • (70) Probably spent.

  • (71) Probably spent.

  • (72) Spent. Penitentiaries are now provided for by the Corrections and Conditional Release Act, S.C. 1992, c. 20.

  • (73) Spent. See pages (xi) and (xii) of the Public Accounts, 1902-1903.

  • (74) Probably spent. Two orders were made under this section on January 24, 1868.

  • (75) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14, (U.K.). The section read as follows:

    145.  Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a Declaration that the Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North America, and to the Assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Provision should be made for its immediate Construction by the Government of Canada; Therefore, in order to give effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the Commencement, within Six Months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the Construction thereof without Intermission, and the Completion thereof with all practicable Speed.

  • (76) All territories mentioned in section 146 are now part of Canada. See footnote (6) to section 5, above.

  • (77) Spent. See footnotes (11), (12), (15), (16) and (17) to sections 21, 22, 26, 27 and 28, above.

  • (78) Spent. See Representation Act, R.S.O. 1990, c. R.26.

  • (79) As enacted by section 51 of the Constitution Act, 1982.

  • (80) Enacted as Schedule B to the Canada Act 1982, 1982, c. 11 (U.K.), which came into force on April 17, 1982. The Canada Act 1982, other than Schedules A 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.

    • 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.

  • (81) See section 50, and footnotes (40) and (42) to sections 85 and 88, of the Constitution Act, 1867.

  • (82) Replaces part of Class 1 of section 91 of the Constitution Act, 1867, which was repealed as set out in subitem 1(3) of the schedule to the Constitution Act, 1982.

  • (83) See footnotes (10), (41) and (42) to sections 20, 86 and 88 of the Constitution Act, 1867.

  • (84) Subsection 32(2) provides that section 15 shall not have effect until three years after section 32 comes into force. Section 32 came into force on April 17, 1982; therefore, section 15 had effect on April 17, 1985.

  • (85) Section 16.1 was added by the Constitution Amendment, 1993 (New Brunswick) (see SI/93-54).

  • (86) See section 133 of the Constitution Act, 1867 and footnote (67).

  • (87) Ibid.

  • (88) Ibid.

  • (89) Ibid.

  • (90) Ibid.

  • (91) Ibid.

  • (92) See, for example, section 133 of the Constitution Act, 1867 and the reference to the Manitoba Act, 1870 in footnote (67) to that section.

  • (93) Paragraph 23(1)(a) is not in force in respect of Quebec. See section 59, below.

  • (94) Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment Proclamation, 1983 (see SI/84-102). Paragraph 25(b) originally read as follows:

    (b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.

  • (95) See section 93 of the Constitution Act, 1867 and footnote (50).

  • (96) Subsections 35(3) and (4) were added by the Constitution Amendment Proclamation, 1983 (see SI/84-102).

  • (97) Section 35.1 was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102).

  • (98) See footnotes (58) and (59) to sections 114 and 118 of the Constitution Act, 1867.

  • (99) Section 54 of the Constitution Act, 1982 provided for the repeal of Part IV (section 37) one year after Part VII came into force. Part VII came into force on April 17, 1982 repealing Part IV on April 17, 1983. Section 37 read as follows:

    • 37.   (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.

    • (2)  The conference convened under subsection (1) shall have included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on that item.

    • (3)  The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of the conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

  • (100) Part IV.1 (section 37.1), which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1 of the Constitution Act, 1982. Section 37.1 read as follows:

    • 37.1    (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.

    • (2)  Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters.

    • (3)  The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

    • (4)  Nothing in this section shall be construed so as to derogate from subsection 35(1).

  • (101) Prior to the enactment of Part V, certain provisions of the Constitution of Canada and the provincial constitutions could be amended pursuant to the Constitution Act, 1867. See footnotes (44) and (48) to section 91, Class 1 and section 92, Class 1 of that Act, respectively. Other amendments to the Constitution could only be made by enactment of the Parliament of the United Kingdom.

  • (102) A First Ministers Meeting was held June 20-21, 1996.

  • (103) The text of this amendment is set out in the Constitution Act, 1867, as section 92A.

  • (104) The text of this amendment is set out in the Constitution Act, 1867, as the Sixth Schedule.

  • (105) Part VII came into force on April 17, 1982 (see SI/82-97).

  • (106) Section 54.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on April 18, 1987. Section 54.1 read as follows:

    54.1  Part IV.1 and this section are repealed on April 18, 1987.

  • (107) The French Constitutional Drafting Committee was established in 1984 with a mandate to assist the Minister of Justice in that task. The Committee’s Final Report was tabled in Parliament in December 1990.

  • (108) The Act, with the exception of paragraph 23(1)(a) in respect of Quebec, came into force on April 17, 1982 by proclamation issued by the Queen (see SI/82-97).

  • (109) No proclamation has been issued under section 59.

  • (110) Section 61 was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102). See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I and the Constitution Amendment, 1987 (Newfoundland Act) (see SI/88-11).