CONSTITUTION ACT 1867
Originally "The British North America Act, 1867"
(contains Canada's federal division of powers)
CONSTITUTION ACT 1867
Originally "The British North America Act, 1867"
(contains Canada's federal division of powers)
U.K. 30 & 31 Victoria, C.3
An Act for the Union of Canada, Nova Scotia, and New Brunswick, and
the Government thereof, and for Purposes connected therewith.
(29 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 the United Kingdom;
AND WHEREAS such a Union would conduce to the Welfare of the Provinces
and promote the Interests of the British Empire;
AND WHEREAS on the Establishment of the Union by Authority of
Parliament it is expedient, not only that the Constitution of the
Legislative Authority in the Dominion be provided for, but also that
the Nature of the Executive Government therein be declared;
AND WHEREAS it is expedient that Provision be made for the eventual
Admission into the Union of other Parts of British North America:
I. Preliminary
1. This Act may be cited as the Constitution Act, 1867.
2. REPEALED.
II. Union
3. It shall be lawful for the Queen, by and with the Advice of
Her Majesty's Most Honourable Privy Council, to declare by
Proclamation that, on and after a Day therein appointed, not
being more than Six Months after the passing of this Act, the
Provinces of Canada, Nova Scotia and New Brunswick shall form
and be One Dominion under the Name of Canada; and on and after
that Day those Three Provinces shall form and be One Dominion
under that Name accordingly.
[July 1st, 1867 was fixed by proclamation dated May 22, 1867.]
4. Unless it is otherwise expressed or implied, the Name
Canada shall be taken to mean Canada as constituted under this
Act.
5. Canada shall be divided into Four Provinces, named Ontario,
Quebec, Nova Scotia and New Brunswick.
6. The parts of the Province of Canada (as it exists at the
passing of this Act) which formerly constituted respectively
the provinces of Upper 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.
7. The Provinces of Nova Scotia and New Brunswick shall have
the same Limits as at the passing of this Act.
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
9. The Executive Government and Authority of and over Canada
is hereby declared to continue and be vested in the Queen.
10. The Provisions of this Act referring to the Governor
General extend and apply to the Governor General for the Time
being of Canada, or other Chief Executive Officer or
Administrator for the Time being carrying on the Government of
Canada on behalf and in the Name of the Queen, by whatever
Title he is designated.
11. There shall be a Council to aid and advise in the
Government of Canada, to be styled the Queen's Privy Council
for Canada; and the Persons who are to be Members of that
Council shall be from Time to Time chosen and summoned by the
Governor General and sworn in as Privy Councillors, and
Members thereof may be from Time to Time removed by the
Governor General.
12. 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, Canada, Nova
Scotia, or New Brunswick, are at the Union vested in or
exercisable by the respective Governors or Lieutenant
Governors of those Provinces, with the Advice, or with the
Advice and Consent, of the respective Executive Councils
thereof, or in conjunction with those Councils, or with and
Number of Members thereof, or by those Governors or Lieutenant
Governors individually, shall, as far as the same continue in
existence and capable being exercised after the Union in
relation to the Government of Canada, be vested in and
exercisable by the Governor General with the Advice, or the
Advice and Consent of or in conjunction with the Queen's Privy
Council for Canada, or any Member thereof, or by the Governor
General individually, as the Case requires, subject
nevertheless (except with respect to such as exist under the
Acts of the Parliament of Great Britain or the Parliament of
the United Kingdom of Great Britain and Ireland) to be
abolished or altered by the Parliament of Canada.
[The restriction against abolishing or altering Laws enacted
by the Parliament of the United Kingdom was removed by The
Statute of Westminster, 1931, 22 Geo. V., c.4 (U.K).]
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.
14. It shall be lawful for the Queen, if Her Majesty thinks
fit, to authorize the Governor General from Time to Time to
appoint and Person or any Persons jointly or severally to be
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 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 himself
of any Power, Authority or Function.
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.
16. Until the Queen otherwise directs, the Seat of Government
of Canada shall be Ottawa.
IV. Legislative Power
17. There shall be One Parliament for Canada consisting of the
Queen, and Upper House Styled the Senate, and the House of
Commons.
18. The privileges, immunities, and powers held, enjoyed, and
exercised by the Senate and House of Commons, and by the
Members thereof, 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 privileges,
immunities, or powers shall not confer and privileges,
immunities, or powers exceeding those at the passing of the
Act held, enjoyed and excercised by the Commons House of
Parliament of the United Kingdom of Great Britain and Ireland,
and by the members thereof.
19. The Parliament of Canada shall be called together not
later than Six Months after the Union.
20. REPEALED.
The Senate
21. The Senate Shall, subject to the Provisions of this Act,
consist of One Hundred and four Members, who shall be styled
Senators.
22. In relation to the Constitution of the Senate Canada shall
be deemed to consist of Four Divisions:
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 24 senators; Quebec by 24 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
represting Manitoba, six thereof representing British
Columbia, six thereof representing Saskatchewan, and six
thereof representing Alberta; Newfoundland shall be 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 statues of
Canada.
23. The Qualifications of a Senator shall be as follows:
(1) He shall be of the full age of Thirty Years;
(2) He shall be either a natural-born Subject of the
Queen naturalized by an 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
One of the Provinces of Upper Canada, Lower Canada,
Nova Scotia, or New Brunswick, before the Union, or of
the Parliament of Canada, after the Union;
(3) He shall be legally or equitably seised as of
Freehold for his Own Use and Benefit of Lands or
Tenements held in Free and Common Socage, or seised or
possessed for his own Use and Benefit of Lands or
Tenements held in Franc-alleu or in Roture, within the
Province for which he is appointed, of the Value of
Four 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;
(4) His Real and Personal Property shall be together
worth Four Thousand Dollars over and above his Debts
and Liabilities;
(5) He shall be resident in the Province for which he
is appointed;
(6) In the case of Quebec he shall have his Real
Property Qualification in the Electoral Division for
which he is appointed, or shall be resident in that
Division.
24. The Governor General shall from Time to Time, 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.
25. REPEALED.
26. If at any Time on the Recommendation of the Governor
General the Queen thinks fit to direct that Four or Eight
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.
27. In case of such Addition be at any Time made, the Governor
General shall not summon any Person to the Senate, except upon
a further like Direction by the Queen on the like
Recommendation, to represent, to represent one of the Four
Divisions until such Division is represented by Twenty-Four
Senators and no more.
28. The Number of Senators shall not at any Time exceed One
Hundred and twelve.
29. (1) Subject to subsection (2), a Senator shall, subject to
the provisions of this Act, hold his place in the Senate for
life.
(2) A Senator who is summoned to the Senate after the
coming into force of this subsection shall, subject to this
Act, hold his place in the Senate until he attains the age of
seventy-five years.
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.
31. The Place of a Senator shall become vacant in any of the
following Cases:
1. If for Two consecutive Sessions of the Parliament
he fails to give his Attendance in the Senate;
2. If he takes an Oath or makes a Declaration or
Acknowledgement of Allegiance, Obedience, or Adherence
to a Foreign Power, or does an Act whereby he becomes
a Subject or Citizen, or entitled to the Rights and
Privileges of a Subject or Citizen, of a Foreign
Power;
3. If 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 he is attainted of Treason or convicted of a
Felony or of any infamous Crime;
5. If 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.
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.
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.
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.
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.
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.
The House of Commons
37. The House of Commons shall, subject to the Provisions of
this Act, consist of two hundred and eighty-two members of
whom ninety- five shall be elected for Ontario, seventy-five
for Quebec, eleven for Nova Scotia, ten for New Brunswick,
fourteen for Manitoba, twenty-eight for British Columbia, four
for Prince Edward Island, twenty-one for Alberta, fourteen for
Saskatchewan, seven for Newfoundland, one for the Yukon
Territory and two for the Northwest Territories.
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.
39. A Senator shall not be capable of being elected or of
sitting or voting as a Member of the House of Commons.
40. SPENT.
[Defined Federal electoral districts for the original
provinces. Now covered by the Representation Act, 1952,
c.334, as amended.]
41. SPENT.
[Defined Federal electoral regulations for the orginal
provinces. Now covered by the Canada Elections Act, 1960,
c.38, as amended.]
42. REPEALED.
43. REPEALED.
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.
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.
46. The Speaker shall preside at all Meetings of the House of
Commons.
47. SPENT.
[Provisions for exercising the powers of the Speaker of the
House of Commons in his absence. Now covered by The Speaker
of the House of Commons Act, 1952, c. 254, as amended.]
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.
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.
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.
51. Omitted.
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.
52. The Number of Members of the House of Commons may be from
Time to Time increased by the Parliament of Canada, provided
that the proportionate Representation of the Provinces
prescribed by this Act is not thereby disturbed.
Money Votes; Royal Assent
53. Bills for appropriating any Part of the Public Revenue, or
for imposing any Tax or Impost, shall originate in the House
of Commons.
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.
55. Where a Bill passed by 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,
either that he assents thereto in the Queen's name, or that he
withholds the Queen's Assent, or that he reserves the Bill for
the signification of the Queen's Pleasure.
56. Where the Governor General assents to a Bill in the
Queen's Name, 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
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 on 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.
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
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.
59. A Lieutenant Governor shall hold Office during the
Pleasure of the Governor General; but any Lieutenant Governor
appointed after the Commencement of the First Session of the
Parliament of Canada shall not be removable withing Five Years
from his Appointment, except for Cause assigned, which shall
be communicated to be 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.
60. The Salaries of the Lieutenant Governors shall be fixed
and provided by the Parliament of Canada.
61. Every Lieutenant Governor shall, before assuming the
Duties of his Office, make and subscribe before the Governor
General of some Person authorized by him Oaths of Allegiance
and Office similar to those taken by the Governor General.
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.
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, the Commissioner of Agriculture
and Public Works, with in Quebec the Speaker of the
Legislative Council and the Solicitor General.
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.
65. All Powers, Authorities, and Functions which under any Act
of the Parliament of Great Britain, or of the Parliament of
the United Kingdom of Great Britain and Ireland, or of the
Legislature of Upper Canada, Lower Canada, or Canada, were or
are before or at the Union vested in or exercisable by the
respective Governors or Lieutenant Governors of those
Provinces, with the Advice and Consent of the respective
Executive Councils thereof, or in conjunction with those
Councils, or with any Number of Members thereof, or by those
Governors or Lieutenant Governors individually, shall, as far
as the same are capable of being exercised after the Union in
relation to the Government of Ontario and Quebec respectively,
be vested in and shall or may be exercised by the Lieutenant
Governors of Ontario and Quebec respectively, with the Advice
or 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.
[See note to section 12, above.]
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.
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.
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 Fredricton.
Legislative Power
1. Ontario
69. There shall be a Legislature for Ontario consisting of the
Lieutenant Governor and of One House, styled the Legislative
Assembly of Ontario.
70. SPENT.
[Defined size and composition of the Legislative Assembly of
Ontario. Now covered by the Representation Act, R.S.O.
1960_, c.353.]
2. 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.
72. SPENT.
[Defined size, composition and term of the Legislative Council
of Quebec. Now covered by the Legislature Act, R.S.Q. 1964,
c. 6.]
73. The Qualifications of the Legislative Councillors of
Quebec shall be the same as those of the Senators of Quebec.
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.
75. When 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.
76. If any Question arises respecting the Qualifications 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.
77. SPENT.
[Appointment of Speaker of the Legislative Council of Quebec.
Now covered by the Legislature Act.]
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.
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.
80. SPENT.
[Defined size and composition of Legistlative Assembly of
Quebec. Now covered by the Legislature Act.]
3. Ontario and Quebec
81. REPEALED.
82. The Lieutenant Governor of Ontario and 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.
83. SPENT.
[Eligibility requirements for members of the Legislative
Assembly. Covered by the Legislative Assembly Act, R.S.O.
1960 in Ontario, and by the Legislature Act, R.S.Q. 1964 in
Quebec.]
84. SPENT.
[Defined Provincial election rules for Ontario and Quebec. Now
covered by the a number of Acts in each province, notably the
Elections Act, R.S.O. 1960 in Ontario and the Elections
Act, R.S.Q. 1964 in Quebec.]
85. SPENT.
[Defined the maximum duration of a sessions of each of the
Legislative Assemblies. Now covered by the Legislature Act
of each of the provinces (see above).]
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 and its first Sitting of the next
Session.
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 applicable in Terms to
each such Legislative assembly.
4. 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.
89. REPEALED.
6. The Four Provinces
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 where here re-enacted and made applicable in
Terms to the respective Provinces and the Legislatures
thereof, with the Substitution of 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.
VI. Distribution of Powers
91. It shall be Lawful for the Queen, by and with the Advice
and Consent of the Senate and the 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 the 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 hereinafter enumerated; that is to say,
1. REPEALED.
1A. The Public Debt and Property.
2. The Regulation of Trade and Commerce.
2A. Unemployment insurance.
3. The Raising of Money by any 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 for 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.
Exclusive Powers of the Provincial Legislatures
92. In each Province the Legislature may exclusively make Laws
in relation to matters coming within the Classes of Subject
next hereinafter enumerated; that is to say, --
1. REPEALED.
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
Institutions in and for the Province, other than
Marine Hospitals.
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 Province, 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 wholely situate
within the Province, are before or after their
Execution declared 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.
13. Property and Civil Rights within the Province.
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
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.
(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 from
non-renewable natural resources and forestry
resources in the province and the productions from
facilities in the province for the generation of
electrical energy, but such laws may not authorize or
provide for discrimination in prices or supplies
exported to another part of Canada.
(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.
(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.
(5) The Expression "primary production" has the meaning
assigned in the Sixth Schedule.
(6) Nothing 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.
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 Schools of the
Queen's Protestant and Roman Catholic Subjects
in Quebec.
3. Where in any Province a System of Separate or
Dissentiant 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, the 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.
Uniformity of Laws in Ontario, Nova Scotia and
New Brunswick
94. 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 of 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 Las by the Legislature thereof.
Old Age Pensions
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.
Agriculture and Immigration
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 of 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
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
96. The Governor General shall appoint the Judges of the
Superior, District, and County Courts in each Province, except
those of the Course of Probate in Nova Scotia and New
Brunswick.
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.
98. The Judges of the Courts of Quebec shall be selected from
the Bar of that Province.
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.
(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 forces of this section if at that time he
has already attained that age.
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.
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 of the Laws of Canada.
VIII. Revenues; Debts; Assets; Taxation
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 for 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.
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.
104. The annual Interest on 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.
105. Unless altered by the Parliament of Canada, Salary of the
Governor General shall be Ten thousand Pounds of 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.
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.
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.
108. The Public Works and Property of each Province,
enumerated in the Third Schedule to this Act, shall be the
Property of Canada.
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 of arise, subject to any trusts
existing in respect thereof, and to any Interest other than
that of the Province in same.
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.
111. Canada shall be liable for the Debts and Liabilites of
each Province existing at the Union.
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.
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.
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.
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.
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.
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.
118. REPEALED.
119. SPENT.
[Initial transfer payments on New Brunswick's debt at the time
of Union.]
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.
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.
122. SPENT.
123. SPENT.
124. SPENT.
[These three clauses defined initial and the transition from
the existing Provincial regulations to the new Federal customs
regulations. Now covered by a host of Federal regulations and
Acts.]
125. No Lands or Property belonging to Canada or any Province
shall be liable to Taxation.
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 and
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
127. REPEALED.
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 this Seat therein take and
subscribe before the Lieutenant Governor 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 contained in the same Schedule.
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.
[See the note to section 12, above.]
130. SPENT.
[Withdrawl of power from provincial officals concerned with
subjects coming under the jurisdiction of the Federal
government at the time of Union.]
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.
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.
133. Either the English or the French Language may be used by
any Person in the Debates of the Houses or the Parliament of
Canada and of the Houses of the Legislature of Quebec; 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 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.
134. SPENT.
135. SPENT.
[These two clauses deal with the withdrawl of power from
provincial cabnet ministers dealing with subjects coming under
the jurisdiction of the Federal government at the time of
Union.]
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.
137. The words "and from thence to the End of 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.
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.
139. SPENT.
[Continuance of proclamations issued under the Great Seal of
the Province of Canada issued before the Union to take effect
after the Union.]
140. SPENT.
[Issue of proclamations after the Union authorized by Acts
passed by the Province of Canada before the Union.]
141. SPENT.
[Continuance of the Penitentiary of Canada as the Penitentiary
of Ontario and Quebec.]
142. SPENT.
[Arbitration of debts between Ontario and Quebec at the time
of Union.]
143. SPENT.
[Division of records between Ontario and Quebec at the time of
Union.]
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 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.
145. REPEALED.
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 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 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 on that Behalf
shall have effect as if they had been enacted by the
Parliament of the United Kingdom of Great Britain and Ireland.
147. SPENT.
[Admission of Newfoundland and Nova Scotia.]
SCHEDULES
(The first to fifth schedules are omitted)
The Sixth Schedule
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
synthetic equivilant of crude oil;
and
(b) production from a forestry resource is
primary production therefrom if it consists of
saw logs, poles, lumber, wood chips, sawdust or
other primary wood product or wood pulp, and is
not a product manufactured from wood.
on 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
Constitution Act, 1982
Part I
Canadian Charter of Rights and Freedoms
Whereas Canada is founded upon the principles that recognize
the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the
rights and freedoms set out in it subject only to such
reasonable limits prescribed by law as can be demonstrably
justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion
(b) freedom of thought, belief, opinion and expression,
including freedom of the press and other means of
communication.
(c) freedom of peaceful assembly; and
(d) freedom of association.
Democratic Rights
3. Every citizen of Canada has the right to vote in an
election of members of the House of Commons or of a
legislative assembly and to be qualified for membership
therein.
4. (1) No House of Commons and no legislative assembly shall
continue for longer than five years from the date fixed
for the return of the writs at a general election of
its members.
(2) In time of real or apprehended war, invasion or
insurrection, a House of Commons may be continued by
Parliament and a legislative assembly may be continued
by the legislature beyond five years if such
continuation is not opposed by the votes of more than
one-third of the members of the House of Commons or the
legislative assembly, as the case may be.
5. There shall be a sitting of Parliament and of each
legislature at least once every twelve months.
Mobility Rights
6. (1) Every citizen of Canada has the right to enter, remain
in, and leave Canada.
(2) Every citizen of Canada and every person who has the
status of a permanent resident of Canada has the right
(a) to move to and take up residence in an province; and
(b) to pursue the gaining of livelyhood in any province.
(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in
force in a province other than those that discriminate
among persons primarily on the basis of present or
previous residence; and
(b) any laws providing for reasonable residency
requirements as a qualification for the receipt of
publically provided social services.
(4) Subsections (2) and (3) do not preclude any law,
program or activity that has as its object the
amelioration in a province of conditions of individuals
in that province who are socially or economically
disadvantaged if the rate of employment in that
province is below the rate of employment in Canada.
Legal Rights
7. Everyone has the right to life, liberty and security of the
person and the right not to be deprived thereof except in
accordance with the principles of fundamental justice.
8. Everyone has the right to be secure against unreasonable
search or seizure.
9. Everyone has the right not to be arbitrarily detained or
imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reason therefor;
(b) to retain and instruct counsel without delay and.
to be informed of that right; and
(c) to have the validity of the detention determined
by way of habeas corpus and to be released if the
detention is not lawful.
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the
specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in a proceedings
against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according
to law in a fair and public hearing by an independent and
impartial tribunal;
(e) not to be denied reasonable bail without cause;
(f) except in the case of an offence under military law
tried before a military tribunal, to the benefit of trial
by jury where the maximum punishment for the offence is
imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or
omission unless, at the time of the act or omission, it
constituted an offence under Canadian or International law
or was criminal according to the general principles of law
recognized by the community of nations;
(h) if finally acquited of the offence, not to be tried for
it again and, if finally found guilty and punished for the
offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if punishment for
the offence has been varied between the time of commission
and the time of sentencing, to the benefit of the lesser
punishment.
12. Everyone has the right not to be subjected to any cruel or
unusual treatment or punishment.
13. A witness who testifies in any proceedings has the right
not to have any incriminating evidence so given used to
incriminate that witness in any other proceedings, except in a
prosecution for perjury or for the giving of contradictory
evidence.
14. A party or witness in any proceedings who does not
understand or speak the language in which the proceedings are
conducted or who is deaf has the right to the assistance of an
interpreter.
Equality Rights
15. (1) Every individual is equal before the and under the law
and has the right to the equal protection and equal benefit of
the law without discrimination based on race, national or
ethnic origin, colour, religion, sex, age, or mental or
physical disability.
(2) Subsection (1) does not preclude any law, program or
activity that has as its object the amelioration of conditions
of disadvantaged individuals or groups including those that
are disadvantaged because or race, national or ethnic origin,
colour, religion, sex, age, or mental or physical disability.
Official Languages of Canada
16. (1) English and French are the official languages of
Canada and have equal rights and privileges as to their use in
all institutions of the Parliament and government of Canada.
(2) English and French are the official languages of New
Brunswick and have equality of status and equal rights and
privileges as to the use in all institutions of the
legislature and government of new Brunswick.
(3) Nothing in this Charter limits the authority of
Parliament of a legislature to advance the equality of status
or use of English and French.
17. (1) Everyone has the right to use English or French in any
debates or other proceedings of Parliament.
(2) Everyone has the right to use English or French in any
debate and other proceeding of the legislature of New
Brunswick.
18. The Statutes, records and journals of Parliament shall be
printed and published in English and French and both language
versions are equally authoritative.
19. (1) Either English or French may be used by any person in,
or in any pleading in or process issuing from any court
established by Parliament.
(2) Either English or French may be used by any person in,
or in any pleading in or process issuing from any court of New
Brunswick.
20. (1) Any member of the public of Canada has the right to
communicate with, and to receive available services from, any
head or central office of an institution of the Parliament or
government of Canada in English or French, and has the same
right with respect to any other office of any such institution
where
(a) there is significant demand for communications
with and services from that office in such language;
or
(b) due to the nature of the office, it is reasonable
that communications with and services from that office
be available in both English and French.
(2) Any member of the public in New Brunswick has the
right to communicate with, and to receive available services
from, any office of an institution of the legislature or
government of New Brunswick in English or French.
21. Nothing in sections 16 to 20 abrogates or derogates from
any right, privilege or obligation with respect to the English
and French languages, or either of them, that exists or is
continued by virtue of any other provision of the Constitution
of Canada.
22. Nothing in sections 16 to 20 abrogates or derogates from
any legal or customary right or privilege acquired or enjoyed
either before or after the coming into force of this Charter
with respect to any language that is not English or French.
Minority Language Educational Rights
23. (1) Citizens of Canada
(a) whose first language learned and still understood
is that of the English or French linguistic minority
population of the province in which they reside, or
(b) who have received their primary school instruction
in Canada in English or French and reside in a
province where the language in which they received
that instruction is the language of the English or
French linguistic minority population of the province,
have the right to have their children receive primary and
secondary school instruction in that language in that
province.
(2) Citizens of Canada of whom any child has received or
is receiving primary or secondary school instruction in
English or French in Canada, have the right to have all their
children receive primary and secondary school instruction in
the same language.
(3) The right of citizens of Canada under subsections (1)
and (2) to have their children receive primary and secondary
school instruction in the language of the English or French
linguistic minority population of a province
(a) applies wherever in the province the number of
children of citizens who have such a right is
sufficient to warrant the provision to them out of
public funds of minority language instruction; and
(b) includes, where the number of children so
warrants, the right to have them receive that
instruction in minority language educational
facilities provided out of public funds.
Enforcement
24. (1) Anyone whose rights or freedoms, as guaranteed by this
Charter, have been infringed or denied may apply to a court of
competent jurisdiction to obtain such remedy as the court
considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court
concludes that evidence was obtained in a manner that
infringed or denied any rights or freedoms guaranteed by this
Charter, the evidence shall be excluded if it is established
that, having regard to all the circumstances, the admission of
it in the proceedings would bring the administration of
justice into disrepute.
General
25. The guarantee in this Charter of certain rights and
freedoms shall not be construed so as to abrogate or derogate
from any aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized
by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that may be acquired by the
aboriginal peoples of Canada by way of land claims
settlement.
26. The guarantee in this Charter of certain rights and
freedoms shall not be construed as denying the existence of
any other rights and freedoms that exist in Canada.
27. This Charter shall be interpreted in a manner consistent
with the preservation and enhancement of the multicultural
heritage of Canadians.
28. Notwithstanding anything in this Charter, the rights and
freedoms referred to in it are guaranteed equally to male and
female persons.
29. Nothing in this Charter abrogates or derogates from any
rights or privileges guaranteed by or under the Constitution
of Canada in respect of denominational, separate or
dissentient schools.
30. A reference in this Charter to a province or to the
legislative assembly or legislature of a province shall be
deemed to include a reference to the Yukon Territory and the
Northwest Territories, or to the appropriate legislative
authority thereof, as the case may be.
31. Nothing in this Charter extends the legislative powers of
any body or authority.
Application of Charter
32. (1) This Charter applies
(a) to the Parliament and government of Canada in
respect of all matters within the authority of
Parliament including all matters relating to the Yukon
Territory and Northwest Territories; and
(b) to the legislatures and governments of each
province in respect of all matters within the
authority of the legislature of each province.
(2) Notwithstanding subsection (1), section 15 shall not
have effect until three years after this section comes into
force.
33. (1) Parliament or the legislature of a province may
expressly declare in an Act of Parliament or of the
legislature, as the case may be, that the Act or a provision
thereof shall operate notwithstanding a provision included in
section 2 or section 7 to 15 of this Charter.
(2) An Act or a provision of an Act in respect of which a
declaration made under this section is in effect shall have
such operation as it would have but for the provision of this
Charter referred to in the declaration.
(3) A declaration made under subsection (1) shall cease to
have effect five years after it comes into force or on such
earlier date as may be specified in the declaration.
(4) Parliament or the legislature of a province may
re-enact a declaration made under subsection (1).
(5) Subsection (3) applies in respect of re-enactment made
under subsection (4).
34. This Part may be cited as the Canadian Charter of Rights
and Freedoms.
Part II
Rights of the Aboriginal Peoples of Canada
35. (1) The existing aboriginal and treaty rights of the
aboriginal peoples of Canada are hereby recognized and
affirmed.
(2) In this Act, "aboriginal peoples of Canada" includes
the Indian, Inuit, and Metis peoples of Canada.
Part III
Equalization and Regional Disparties
36. (1) Without altering the legislative authority of
Parliament or of the provincial legislatures, or the rights of
any of them with respect to the exercise of their legislative
authority, Parliament and the legislatures, together with the
government of Canada and the provincial governments, are
committed to
(a) promoting equal opportunities for the well-being
of Canadians;
(b) furthering the economic development to reduce
disparity in opportunities; and
(c) providing essential public services of reasonable
quality to all Canadians.
(2) Parliament and the government of Canada are committed
to the principle of making equalization payments to ensure
that provincial governments have sufficient revenues to
provide reasonably comparable levels of public services at
reasonably comparable levels of taxation.
Part IV
Constitutional Conference
37. SPENT.
[Discussed convention of a constitutional conference including
discussions relating to aboriginal rights within one year of
the adoption of the Act.]
Part V
Procedure for Amending the Constitution of Canada
38. (1) An amendment to the Constitution of Canada may be made
by proclamation issued by the Governor General under the Great
Seal of Canada where so authorized by
(a) resolutions of the Senate and the House of
Commons; and
(b) resolutions of the legislative assemblies of at
least two-thirds of the provinces that have, in the
aggregate, according to the then latest general
census, at least fifty per cent of the population of
the provinces.
(2) An amendment made under subsection (1) that derogates
from the legislative powers, the proprietary rights or any
other rights or privileges of the legislature or government of
a province shall require a resolution supported by a majority
of the members of each of the Senate, the House of Commons and
the legislative assemblies required under subsection (1).
(3) An amendment referred to in subsection (2) shall not
have effect in a province the legislative assembly of which
has expressed its dissent thereto by resolution supported by a
majority of its members prior to the issue of the proclamation
to which the amendment relates unless that legislative
assembly, subsequently, by resolution supported by a majority
of its members, revokes its dissent and authorizes the
amendment.
(4) A resolution of dissent made for the purposes of
subsection (3) may be revoked at any time before or after the
issue of the proclamation to which it relates.
39. (1) A proclamation shall not be issued under subsection
38(1) before the expiration of one year from the adoption of
the resolution initiating the amendment procedure, unless the
legislative assembly of each province has previously adopted a
resolution of assent or dissent.
(2) A proclamation shall not be issued under subsection
38(1) after the expiration of three years from the adoption of
the resolution initiating the amendment procedure thereunder.
40. Where an amendment is made under subsection 38(1) that
transfers provincial legislative powers relating to education
or other cultural matters from provincial legislatures to
Parliament, Canada shall provide reasonable compensation to
any province to which the amendment does not apply.
41. An amendment to the Constitution of Canada in relation to
the following matters may be made by proclamation issued by
the Governor General under the Great Seal of Canada only where
authorized by resolutions of the Senate and House of Commons
and of the legislative assemblies of each province:
(a) the office of the Queen, the Governor General and
the Lieutenant Governor of a province;
(b) the right of a province to a number of members in
the House of Commons not less than the number of
Senators by which the province is entitled to be
represented at the time this Part comes into force;
(c) subject to section 43, the use of the English or
the French language;
(d) the composition of the Supreme Court of Canada;
and
(e) an amendment to this Part.
42. (1) An amendment to the Constitution of Canada in relation
to the following matters may be made only in accordance with
subsection 38(1):
(a) the principle of proportionate representation of
the provinces in the House of Commons prescribed by
the Constitution of Canada;
(b) the powers of the Senate and the method of
selecting Senators;
(c) the number of members by which a province is
entitled to be represented in the Senate and the
residence qualifications of Senators;
(d) subject to paragraph 41(d), the Supreme Court of
Canada;
(e) the extension of existing provinces into the
territories; and
(f) notwithstanding any other law or practice, the
establishment of new provinces;
(2) Subsections 38(2) to 38(4) do not apply in respect of
amendments in relation to matters referred to in
subsection (1).
43. An amendment to the Constitution of Canada in relation to
any provision that applies to one or more, but not all
provinces, including
(a) any alteration to boundaries between provinces,
and
(b) any amendment to any provisions that relate to the
use of the English or the French language within a
province
may be made by proclamation issued by the Governor General
under the Great Seal of Canada only where so authorized by
resolutions of the Senate and House of Commons and of the
legislative assembly of each province to which the amendment
applies.
44. Subject to sections 41 and 42, Parliament may exclusively
make laws amending the Constitution of Canada in relation to
executive government of Canada or the Senate and House of
Commons.
45. Subject to section 41, the legislature of each province
may exclusively make laws amending the constitution of the
province.
46. (1) The procedures for amendment under sections 38, 41,
42, and 43 may be initiated either by the Senate or the House
of Commons or by the legislative assembly of province.
(2) A resolution of assent for the purposes of this Part
may be revoked at any time before the issue of a proclamation
authorized by it.
47. (1) An amendment to the Constitution of Canada made by
proclamation under section 38, 41, 42, or 43 may be made
without a resolution of the Senate authorizing the issue of
the proclamation if, within one hundred and eighty days after
the adoption by the House of Commons of a resolution
authorizing its issue, the Senate has not adopted such a
resolution and if, at any time after the expiration of that
period, the House of Commons again adopts the resolution.
(2) Any period when Parliament is prorogued or dissolved
shall not be counted in computing the one hundred and eighty
day period referred to in subsection (1).
48. The Queen's Privy Council for Canada shall advise the
Governor General to issue a proclamation under this Part
forthwith on the adoption of the resolution required for an
amendment made by proclamation under this part.
49. A constitutional conference of the Prime Minister of
Canada and the first ministers shall be convened by the Prime
Minister of Canada within fifteen years after this Part comes
into force to review the provisions of this Part.
Part VI
Amendment to the Constitution Act, 1867
50. SPENT.
[Amended the Constitution Act, 1867 by adding section 92A
(q.v), having to do with provincial powers to administer and
tax non-renewable natural resources.]
51. SPENT.
[Amended the Constitution Act, 1867 by adding a the Sixth
Schedule (q.v.), defining "primary production from a
non-renewable natural resource".]
Part VII
General
52. (1) The Constitution of Canada is the supreme law of
Canada, and any law that is inconsistent with the provisions
of the Constitution is, to the extent of the inconsistency, of
no force or effect.
(2) The Constitution of Canada includes
(a) the Canada Act, 1982, including this Act;
(b) the Acts and orders referred to in the Schedule;
and
(c) any amendment to any Act or order referred to in
paragraph (a) or (b).
(3) Amendments to the Constitution of Canada shall be made
only in accordance with the authority contained in the
Constitution of Canada.
53. (1) The enactments referred to in Column I of the schedule
are hereby repealed or amended to be extent indicated in
Column II thereof, and unless repealed, shall continue as law
in Canada under the names set out in Column III thereof.
(2) Every enactment, except the Canada Act, 1982, that
refers to an enactment referred to in the schedule by the name
in Column I thereof is hereby amended by substituting for that
name the corresponding name in Column III thereof, and any
British North America Act not referred to in the schedule may
be cited as the Constitution Act followed by the year and
number, if any, of its enactment.
54. Part IV is repealed on the day that is one year after this
Part comes into force, and this section may be repealed and
this Act renumbered, consequentially upon the repeal of Part
IV and this section, by proclamation issued by the Governor
General under the Great Seal of Canada.
55. A French version of the portions of the Constitution of
Canada referred to in the schedule shall be prepared by the
Minister of Justice of Canada as expeditiously as possible
and, when any portion thereof sufficient to warrant action
being taken has been prepared, it shall be put forward for
enactment by proclamation issued by the Governor General under
the Great Seal of Canada pursuant to the procedure then
applicable to an amendment of the same provisions of the
Constitution of Canada.
56. Where any portion of the Constitution of Canada has been
or is enacted in English and French or where a French version
of any portion of the Constitution is enacted pursuant to
section 55, the English and French versions of that portion of
the Constitution are equally authoritative.
57. The English and French versions of this Act are equally
authoritative.
58. Subject to section 59, this Act shall come into force on a
day to be fixed by proclamation issued by the Queen or the
Governor General under the Great Seal of Canada.
59. (1) Paragraph 23(1)(a) shall come into force in respect of
Quebec on a day to be fixed by proclamation issued by the
Queen or the Governor General under the Great Seal of Canada.
(2) A proclamation under subsection (1) shall be issued
only where authorized by the legislative assembly or
government of Quebec.
(3) This section may be repealed on the day paragraph
23(1)(a) comes into force in respect of Quebec and this Act
amended and renumbered, consequentially up the repeal of this
section, by proclamation issued by the Queen or the Governor
General under the Great Seal of Canada.
60. This Act may be cited as the Constitution Act, 1982, and
the Constitution Acts 1867 to 1975 (No. 2) and this Act may be
cited together as the Constitution Acts, 1867 to 1982.