Constitution Acts 1867 to 1982

AuthorPatrick J. Monahan/Byron Shaw/Padraic Ryan
1867 TO 1982*
I Preliminary
II Union
III Executive Power
IV Legi slative Power
V Provincial Constitutions
VI Di stribution of Leg islative Powers
VII Judicature
VIII Revenue s; Debts; Assets; Taxation
IX Miscellaneous Provisions
X Inte rcolonial Railway
XI Admission of Other Colonies
* Source: Department of Justice C anada, online: http://l
30 & 31 Victoria, c. 3. (U.K.)
(Consolidated with a mendments)
An Act for the Union of Canada, Nova Scotia, and New Brunswick,
and the Government thereof; and for Purpos es connected therewith
[29th March 1867.]
Whereas the Province s of Canada, Nova Scotia, and New Brunswick
have expressed t heir Desire to be federally united into One Dominion
under the Crown of the United Kingdom of Great Britain and Ireland,
with a Constitution simi lar 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 t he British Empire:
And whereas on the Establishment of the Union by Authority of
Parliament it is expedient, not only th at the Constitution of the Legis-
lative Authority in the Dominion be provided for, but also that the Na-
ture 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
Short title
1. This Act may be cited as the Constitution Act, 1867.2
2. Repealed .3
Declaration of Union
3. It shall be lawful for the Queen, by and with t he 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.4
Construction of subsequent Provisions of Act
4. Unless it is other wise expressed or implied, the Name Ca nada
shall be taken to mea n Canada as constituted under this Act.5
Constitution Act s 1867 to 1982 539
Four Provinces
5. Canada sha ll be divided into Four Provinces, named Ontar io,
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 Up-
per Canada and Lower Ca nada shall be deemed to be severed, and shall
form Two separate Provinces. The Part which formerly constituted the
Province of Upper Canada shall constitute the Province of Ontario; and
the Part which formerly constituted the Province of Lower Canada shall
constitute the Province of Quebec.
Provinces of Nova Scotia and New Brunswick
7. The Provi nces of Nova Scotia and New Brunswick shall have the
same Limits as at the passing of this Act.
Decennial Census
8. In the general Census of the Population of Canad a which is here-
by required to be taken in t he Ye ar One thousand eight hundred and
seventy-one, and in every Tenth Year thereafter, the respective Popula-
tions of the Four Provinces shall be distinguished.
Declaration of Executive Power in the Queen
9. The Executive Government and Authority of and over Can ada is
hereby declared to continue and be vested in the Queen.
Application of Provisions referring to Governor Gene ral
10. The Provi sions of this Act referring to the Governor General
extend and apply to the Governor General for the Time being of Canad a,
or other the Chief Executive Off‌icer or Admini strator for the Time being
carry ing 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 Canada
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 Counci llors, and Members thereof may be from Time to Time
removed by the Gover nor General.

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