(28) As enacted by the Constitution Act (No. 1), 1975, S.C. 1974-75-76, c. 28.
(29) As enacted by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.)
(30) Provided for by the Salaries Act, R.S.C. 1985, c. S-3.
(31) Now provided for in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25, and in Quebec by the Executive Power Act, R.S.Q. 1977, c. E-18.
(32) A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island, and Newfoundland. The Executive Authorities for Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See the notes to section 5, supra.
(33) See the notes to section 129, infra.
(34) Spent. Now covered by the Representation Act, R.S.O. 1990, c. R.26.
(35) The Act respecting the Legislative Council of Quebec, S.Q. 1968, c. 9, provided that the Legislature for Quebec shall consist of the Lieutenant Governor and the National Assembly of Quebec, and repealed the provisions of the Legislature Act, R.S.Q. 1964, c. 6, relating to the Legislative Council of Quebec. Now covered by the Legislature Act, R.S.Q. 1977, c. L-1. Sections 72 to 79 following are therefore completely spent.
(36) The Act respecting electoral districts, S.Q. 1970, c. 7, s. 1, provides that this section no longer has effect.
(37) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:
81. The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months after the Union.
(38) Probably spent. The subject-matter of this section is now covered in Ontario by the Legislative Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the National Assembly Act, R.S.Q. c. A-23.1.
(39) Probably spent. The subject-matter of this section is now covered in Ontario by the Election Act, R.S.O. 1990, c. E.6, and the Legislative Assembly Act, R.S.O. 1990, c. L.10, in Quebec by the Elections Act, R.S.Q. 1977, c. E-3.3 and the National Assembly Act, R.S.Q. 1977, c. A-23.1.
(40) The maximum duration of the Legislative Assemblies of Ontario and Quebec has been changed to five years. See the Legislative Assembly Act, R.S.O. 1990, c. L.10, and the National Assembly Act, R.S.Q. 1977, c. A-23.1, respectively. See also section 4 of the Constitution Act, 1982, which provides a maximum duration for a legislative assembly of five years but also authorizes continuation in special circumstances.
(41) See also section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of each legislature at least once every twelve months.
(42) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), which deleted the following concluding words of the original enactment:
and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless soooner dissolved, continue for the Period for which it was elected.
A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island and Newfoundland. The Legislatures of Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See the footnotes to section 5, supra.
See also sections 3 to 5 of the Constitution Act, 1982, which prescribe democratic rights applicable to all provinces, and subitem 2(2) of the Schedule to that Act, which sets out the repeal of section 20 of the Manitoba Act, 1870. Section 20 of the Manitoba Act, 1870 has been replaced by section 5 of the Constitution Act, 1982.
Section 20 reads as follows:
20. There shall be a Session of the Legislature once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session.
(43) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:
5. Ontario, Quebec, and Nova Scotia.
89. Each of the Lieutenant Governors of Ontario, Quebec and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District.
(44) Class I was added by the British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.). That Act and class I were repealed by the Constitution Act, 1982. The matters referred to in class I are provided for in subsection 4(2) and Part V of the Constitution Act, 1982. As enacted, class I read as follows:
1. The amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces, or as regards rights or privileges by this or any other Constitutional Act granted or secured to the Legislature or the Government of a province, or to any class of persons with respect to schools or as regards the use of the English or the French language or as regards the requirements that there shall be a session of the Parliament of Canada at least once each year, and that no House of Commons shall continue for more than five years from the day of the return of the Writs for choosing the House: provided, however, that a House of Commons may in time of real or apprehended war, invasion or insurrection be continued by the Parliament of Canada if such continuation is not opposed by the votes of more than one-third of the members of such House.
(45) Re-numbered by the British North America (No. 2) Act, 1949.
(46) Added by the Constitution Act, 1940, 3-4 Geo. VI, c. 36 (U.K.).
(47) Legislative authority has been conferred on Parliament by other Acts as follows:
1. The Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.).
2. The Parliament of Canada may from time to time establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the said Parliament.
3. The Parliament of Canada may from time to time, with the consent of the Legislature of any province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby.
4. The Parliament of Canada may from time to time make provision for the administration, peace, order, and good government of any territory not for the time being included in any Province.
5. The following Acts passed by the said Parliament of Canada, and intituled respectively, "An Act for the temporary government of Rupert's Land and the North Western Territory when united with Canada"; and "An Act to amend and continue the Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for the government of the Province of Manitoba", shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively received the assent, in the Queen's name, of the Governor General of the said Dominion of Canada.
6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter the provisions of the last-mentioned Act of the said Parliament in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province.
The Rupert's Land Act, 1868, 31-32 Vict., c. 105 (U.K.) (repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.)) had previously conferred similar authority in relation to Rupert's Land and the North Western Territory upon admission of those areas.
2. The Constitution Act, 1886, 49-50 Vict., c. 35 (U.K.).
1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof.
3. The Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.).
3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation.
4. Under section 44 of the Constitution Act, 1982, Parliament has exclusive authority to amend the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons. Sections 38, 41, 42 and 43 of that Act authorize the Senate and House of Commons to give their approval to certain other constitutional amendments by resolution.
(48) Class I was repealed by the Constitution Act, 1982. As enacted, it read as follows:
1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of Lieutenant Governor.
Section 45 of the Constitution Act, 1982 now authorizes legislatures to make laws amending the constitution of the province. Sections 38, 41, 42 and 43 of that Act authorize legislative assemblies to give their approval by resolution to certain other amendments to the Constitution of Canada.
(49) Added by the Constitution Act, 1982.
(50) Altered for Manitoba by section 22 of the Manitoba Act, 1870, 33 Vict., c. 3 (Canada), (confirmed by the Constitution Act, 1871), which reads as follows:
22. In and for the Province, the said 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 or practice in the Province at the Union:
(2) An appeal shall lie to the Governor General in Council from any Act or decision of the Legislature of the Province, or 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:
(3) 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, then, 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.
Altered for Alberta by section 17 of the Alberta Act, 4-5 Edw. VII, c. 3, 1905 (Canada), which reads as follows:
17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph:
(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.
2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29.
3. Where the expression "by law" is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression "at the Union" is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force.
Altered for Saskatchewan by section 17 of the Saskatchewan Act, 4-5 Edw. VII, c. 42, 1905 (Canada), which reads as follows:
17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93, of the following paragraph:
(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as proviced for in the said ordinances.
2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29, or any Act passed in amendment thereof or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29.
3. Where the expression "by law" is employed in paragraph (3) of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30; and where the expression "at the Union" is employed in the said paragraph (3), it shall be held to mean the date at which this Act comes into force.
Altered for Newfoundland by Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)). Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act, which was amended by the Constitution Amendment, 1987 (Newfoundland Act), (see SI/88-11) reads as follows:
17. (1) In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,
(a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and
(b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.
(2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words "all such schools" in paragraph (a) of paragraph one of this Term and the words "all such colleges" in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland.
See also sections 23, 29 and 59 of the Constitution Act, 1982. Section 23 provides for new minority language educational rights and section 59 permits a delay in respect of the coming into force in Quebec of one aspect of those rights. Section 29 provides that nothing in the Canadian Charter of Rights and Freedoms abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.
(51) Added by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was repealed by the Constitution Act, 1982, section 94A read as follows:
94A. It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old age pensions in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect the operation of any law present or future of a Provincial Legislature in relation to old age pensions.
(52) Repealed and re-enacted by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March 1, 1961. The original section read as follows:
99. 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.
(53) Now provided for in the Judges Act, R.S.C. 1985, c. J-1.
(54) See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Court Act, R.S.C. 1985, c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2.
(55) Now covered by the Governor General's Act, R.S.C. 1985, c. G-9.
(56) Manitoba, Alberta and Saskatchewan were placed in the same position as the original provinces by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.).
These matters were dealt with in respect of British Columbia by the British Columbia Terms of Union and also in part by the Constitution Act, 1930.
Newfoundland was also placed in the same position by the Newfoundland Act, 12-13 Geo. V1, c. 22 (U.K.).
With respect to Prince Edward Island, see the Schedule to the Prince Edward Island Terms of Union.
(57) The obligations imposed by this section, sections 115 and 116, and similar obligations under the instruments creating or admitting other provinces, have been carried into legislation of the Parliament of Canada and are now to be found in the Provincial Subsidies Act, R.S.C. 1985, c. P-26.
(58) Repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.). As originally enacted the section read as follows:
118. The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures:
Dollars.
Ontario Eighty thousand.
Quebec Seventy thousand.
Nova Scotia Sixty thousand.
New Brunswick Fifty thousand.
Total Two hundred and sixty thousand;
and an annual Grant in aid of each Province shall be made, equal to Eighty Cents per Head of the Population as ascertained by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act.
The section was made obsolete by the Constitution Act, 1907, 7 Edw. VII, c. 11 (U.K.) which provided:
1. (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support of its Government and Legislature:
(a) A fixed grant
where the population of the province is under one hundred and fifty thousand, of one hundred thousand dollars;
where the population of the province is one hundred and fifty thousand, but does not exceed two hundred thousand, of one hundred and fifty thousand dollars;
where the population of the province is two hundred thousand, but does not exceed four hundred thousand, of one hundred and eighty thousand dollars;
where the population of the province is four hundred thousand, but does not exceed eight hundred thousand, of one hundred and ninety thousand dollars;
where the population of the province is eight hundred thousand, but does not exceed one million five hundred thousand, of two hundred and twenty thousand dollars;
where the population of the province exceeds one million five hundred thousand, of two hundred and forty thousand dollars; and
(b) Subject to the special provisions of this Act as to the provinces of British Columbia and Prince Edward Island, a grant at the rate of eighty cents per head of the population of the province up to the number of two million five hundred thousand, and at the rate of sixty cents per head of so much of the population as exceeds that number.
(2) An additional grant of one hundred thousand dollars shall be made yearly to the province of British Columbia for a period of ten years from the commencement of this Act.
(3) The population of a province shall be ascertained from time to time in the case of the provinces of Manitoba, Saskatchewan, and Alberta respectively by the last quinquennial census or statutory estimate of population made under the Acts establishing those provinces or any other Act of the Parliament of Canada making provision for the purpose, and in the case of any other province by the last decennial census for the time being.
(4) The grants payable under this Act shall be paid half-yearly in advance to each province.
(5) The grants payable under this Act shall be substituted for the grants or subsidies (in this Act referred to as existing grants) payable for the like purposes at the commencement of this Act to the several provinces of the Dominion under the provisions of section one hundred and eighteen of the Constitution Act, 1867, or of any Order in Council establishing a province, or of any Act of the Parliament of Canada containing directions for the payment of any such grant or subsidy, and those provisions shall cease to have effect.
(6) The Government of Canada shall have the same power of deducting sums charged against a province on account of the interest on public debt in the case of the grant payable under this Act to the province as they have in the case of the existing grant.
(7) Nothing in this Act shall affect the obligation of the Government of Canada to pay to any province any grant which is payable to that province, other than the existing grant for which the grant under this Act is substituted.
(8) In the case of the provinces of British Columbia and Prince Edward Island, the amount paid on account of the grant payable per head of the population to the provinces under this Act shall not at any time be less than the amount of the corresponding grant payable at the commencement of this Act, and if it is found on any decennial census that the population of the province has decreased since the last decennial census, the amount paid on account of the grant shall not be decreased below the amount then payable, notwithstanding the decrease of the population.
See the Provincial Subsidies Act, R.S.C. 1985, c. P-26 and the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, R.S.C. 1985, c. F-8.
See also Part III of the Constitution Act, 1982, which sets out commitments by Parliament and the provincial legislatures respecting equal opportunities, economic development and the provision of essential public services and a commitment by Parliament and the government of Canada to the principle of making equalization payments.
(59) Spent.
(60) Spent. Now covered by the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), the Customs Tariff, R.S.C. 1985, c. 41 (3rd Supp.), the Excise Act, R.S.C. 1985, c. E-14 and the Excise Tax Act, R.S.C. 1985, c. E-15.
