Constitution Acts 1867 to 1982

• Author: Patrick J. Monahan/Byron Shaw/Padraic Ryan
• Pages: 537-615

537

CONSTITUTION ACTS

1867 TO 1982*

THE CONSTITUTION ACT, 1867

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 aws.justice.gc.ca/en/const.

CONSTITUTIONA L LAW538

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

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[Repealed]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 Repealed .3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 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.

III. EXECUTIVE POWER

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.