Constitution acts 1867 to 1982

• Author: Patrick J. Monahan - Byron Shaw
• Pages: 539-622

539

CONSTITUTION ACTS

1867 TO 1982*

THE CONSTITUTION ACT, 1867

I Preliminary

II Union

III Executive Power

IV Legislative Power

V Provincial Constitutions

VI Di stribution of Legislative Powers

VII Judicature

VIII Revenues; Debts; Assets; Taxation

IX Miscellaneous Provisions

X Intercolonial Railway

XI Admission of Other Colonies

* Source: Department of Justice C anada, online: http://l aws.justice.gc.ca/en/const /.

CONSTITUTIONA L LAW540

30 & 31 Victoria, c. 3. (U.K.)

(Consolidated with amendments)

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

and the Government thereof; and for Purposes connected therewith

[29th March 1867.]

Whereas the Province s of Canada, Nova Scotia, and New Brunswick

have expressed their Desire to be federally united into One Dominion

under the Crown of the United Kingdom of Great Britain and Ireland,

with a Constitution similar in Principle to that of the United Kingdom:

And whereas such a Union would 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 Leg-

islative Authority in the Dominion be provided for, but also that the

Nature of the Executive Government therein be declared:

And whereas it is exped ient that Provision be made for the eventual

Admission into the Union of other Parts of British North America:1

I. PRELIMINARY

Short title

1. This Act may be cited as the Constitution Act, 1867.2

[Repealed]

2. Repealed.3

II. UNION

Declaration of 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 Proclama-

tion 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.4

Construction of subsequent Provisions of Act

4. Unless it is otherwise expressed or implied, the Name Canada

shall be taken to mean Canada as constituted under this Act.5

Constitution Act s 1867 to 1982 541

Four Provinces

5. Canada shall be divided into Four Provinces, named Ontario,

Quebec, Nova Scotia, and New Brunsw ick.6

Provinces of Ontario and Quebec

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 Canada and Lower Canada shall be deemed to be severed,

and shall form Two separate Provinces. The Part which formerly

constituted the Province of Upper Can ada shall constitute the Prov-

ince of Ontario; and the Part which formerly constituted the Prov-

ince of Lower Canada shall constitute the Province of Quebec.

Provinces of Nova Scotia and New Brunswick

7. The Provinces of Nova Scotia and New Brunswick shall have the

same Limits as at the passing of this Act.

Decennial Census

8. In t he general Census of the Population of Canad a 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

Declaration of Executive Power in the Queen

9. The Executive Government and Authority of and over Canada is

hereby declared to continue and be vested in the Queen.

Application of Provisions referring to Governor General

10. The Provisions of this Act referr ing to the Governor General ex-

tend and apply to the Governor General for the Time being of Can-

ada, or other the 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.

Constitution of Privy Council for Canad a

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 Priv y Councillors, and Members thereof may be from

Time to Time removed by the Governor General.