Annex. Excerpts from Federalism and the British North America Act/Constitution Act, 1867

• Author: Kathy L. Brock/Geoffrey Hale
• Pages: 175-198

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Excerpts from Federalism and

the British North America Act/

Constitution Act, 1867

CONSTITUTION ACT, 1867

30 & 31 Vict, c 3 (UK), as amended.

An Act for the Union of Canada, Nova Scotia, and New Brunswick,

and the Government thereof; and for Purposes connected therewith

(th March )

Royal Assent to Bills, etc.

 Where a Bill passed by the Houses of the Parliament is presented

to the Governor General for the Queen’s Assent, he shall declare,

according to his Discretion, but subject to the Provisions of this

Act and to Her Majesty’s Instructions, 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.

Disallowance by Order in Council of Act assented to by

Governor General

 Where the Governor General assents to a Bill in the Queen’s

Name, he shall by the f‌irst convenient Opportunity send an authen-

tic 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

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FEDERALISM IN CANADA

thereof by the Secretary of State thinks f‌it to disallow the Act, such

Disallowance (with a Certif‌icate of the Secretary of State of the

Day on which the Act was received by him) being signif‌ied by the

Governor General, by Speech or Message to each of the Houses of

the Parliament or by Proclamation, shall annul the Act from and

after the Day of such Signif‌ication.

Signif‌ication of Queen’s Pleasure on Bill reserved

 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 Ocer to be kept among

the Records of Canada.

V. Provincial Constitutions

Executive Power

Appointment of Lieutenant Governors of Provinces

 For each Province there shall be an Ocer, styled the Lieutenant

Governor, appointed by the Governor General in Council by Instru-

ment under the Great Seal of Canada.

Tenure of Oce of Lieutenant Governor

 A Lieutenant Governor shall hold Oce during the Pleasure

of the Governor General; but any Lieutenant Governor appointed

after the Commencement of the First Session of the Parliament of

Canada shall not be removeable within Five Years from his Appoint-

ment, except for Cause assigned, which shall be communicated to

him in Writing within One Month after the Order for his Removal