The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen's Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.
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. In the general Census of the Population of Canada 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.
The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. Marginal note: Application of Provisions referring to Governor General. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function.
Marginal note: Command of Armed Forces to continue to be vested in the Queen. The Privileges, Immunities, and Powers to be held, enjoyed, and exercised by the Senate and by the House of Commons and by the Members thereof respectively shall be such as are from Time to Time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the Members thereof.
There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first Sitting in the next Session.
The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators. In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions:.
In case of such Addition being at any Time made, the Governor General shall not summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators and no more. A Senator may by Writing under his Hand addressed to the Governor General resign his Place in the Senate, and thereupon the same shall be vacant.
Marginal note: Questions as to Qualifications and Vacancies in Senate. If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard and determined by the Senate. Until the Parliament of Canada otherwise provides, the Presence of at least Fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the Exercise of its Powers.
Questions arising in the Senate shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative. A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. John shall also be a separate Electoral District. Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely,--the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution,--shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces.
The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly.
In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such Vacant District.
The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to elect One of its Members to be Speaker. In case of a Vacancy happening in the Office of Speaker by Death, Resignation, or otherwise, the House of Commons shall with all practicable Speed proceed to elect another of its Members to be Speaker.
I agree to be emailed. Privacy policy. You may unsubscribe from our email lists at any time. It also gives the federal government power over "Indians and Lands reserved for the Indians. Section 92 gives the provinces jurisdiction over areas such as property , most contracts and torts , local works, undertakings and businesses. The Act describes legislative powers in general terms. As a result, direct conflicts sometimes arise in areas where provincial and federal laws regulate the same thing.
When such conflicts occur, federal law prevails. In the case of powers that are exercisable by both jurisdictions, federal law prevails in matters involving agriculture and immigration section Provincial law prevails in old-age pensions section 94A. New fields and areas that arise — e. The federal power of peace, order and good government embraces such areas. For example, during an epidemic , authority over day-to-day health care can shift from the provinces to the federal government.
In wartime, virtually all provincial powers may come under federal control. In , the Supreme Court of Canada decided that Parliament also possesses what amounts to a peacetime emergency power; this allows it to impose national wage and price controls to combat serious national inflation. See also Anti-Inflation Act Reference. Unlike the US constitution, which treats all states as equal, the Constitution Act, does not suggest that all provinces are constitutionally equal.
For example, the Prairie provinces, unlike the original four provinces of Confederation , did not possess rights to their natural resources for 25 years after becoming provinces.
Judicial decisions have had a substantial effect on provincial and federal powers. It has been approved as a curriculum-supporting resource by provincial and territorial ministries of education.
This online, public domain site is the fifth edition of the project. Home About Site Map Contact. Political Evolution in B.
The Act included sections on the following: 1. The formation of Canada, including the date and the names of the four original provinces. Provincial constitutions, with definitions of their executive and legislative powers.
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