Constitution Act, 1867 (annotated)/Part V

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Part V: Provincial Constitutions

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73655Constitution Act, 1867 — Part V: Provincial Constitutions

		V. Provincial Constitutions
		EXECUTIVE POWER
Appointment of Lieutenant Governors of Provinces.	58.	For each Province there shall be an Officer, styled the Lieutenant Governor, appointed by the Governor General in Council by Instrument under the Great Seal of Canada.
Tenure of Office of Lieutenant Governor.	59.	A Lieutenant Governor shall hold Office during the Pleasure of the Governor General; but any Lieutenant Governor appointed after the Commencement of the First Session of the Parliament of Canada shall not be removeable within Five Years from his Appointment, except for Cause assigned, which shall be communicated to him in Writing within One Month after the Order for his Removal is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafter if the Parliament is then sitting, and if not then within One Week after the Commencement of the next Session of the Parliament.
Salaries of Lieutenant Governors.	60.	The Salaries of the Lieutenant Governors shall be fixed and provided by the Parliament of Canada.^[1]
Oaths, etc., of Lieutenant Governor.	61.	Every Lieutenant Governor shall, before assuming the Duties of his Office, make and subscribe before the Governor General or some Person authorized by him Oaths of Allegiance and Office similar to those taken by the Governor General.
Application of Provisions referring to Lieutenant Governor.	62.	The Provisions of this Act referring to the Lieutenant Governor extend and apply to the Lieutenant Governor for the Time being of each Province, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of the Province, by whatever Title he is designated.
Appointment of Executive Officers for Ontario and Quebec.	63.	The Executive Council of Ontario and of Quebec shall be composed of such Persons as the Lieutenant Governor from Time to Time thinks fit, and in the first instance of the following Officers, namely, — the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec the Speaker of the Legislative Council and the Solicitor General.^[2]
Executive Government of Nova Scotia and New Brunswick.	64.	The Constitution of the Executive Authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.^[3]
Powers to be exercised by Lieutenant Governor of Ontario or Quebec with Advice, or alone.	65.	All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice or with the Advice and Consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respectively, with the Advice or with the Advice and Consent of or in conjunction with the respective Executive Councils, or any Members thereof, or by the Lieutenant Governor individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be abolished or altered by the respective Legislatures of Ontario and Quebec.^[4]
Application of Provisions referring to Lieutenant Governor in Council.	66.	The Provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the Advice of the Executive Council thereof.
Administration in Absence, etc., of Lieutenant Governor.	67.	The Governor General in Council may from Time to Time appoint an Administrator to execute the Office and Functions of Lieutenant Governor during his Absence, Illness, or other Inability.
Seats of Provincial Governments.	68.	Unless and until the Executive Government of any Province otherwise directs with respect to that Province, the Seats of Government of the Provinces shall be as follows, namely, — of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton.
		LEGISLATIVE POWER
		1. Ontario
Legislature for Ontario.	69.	There shall be a Legislature for Ontario consisting of the Lieutenant Governor and of One House, styled the Legislative Assembly of Ontario.
Electoral districts.	70.	The Legislative Assembly of Ontario shall be composed of Eighty-two Members, to be elected to represent the Eighty-two Electoral Districts set forth in the First Schedule to this Act.^[5]
		2. Quebec
Legislature for Quebec.	71.	There shall be a Legislature for Quebec consisting of the Lieutenant Governor and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.^[6]
Constitution of Legislative Council.	72.	The Legislative Council of Quebec shall be composed of Twenty-four Members, to be appointed by the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, one being appointed to represent each of the Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act.
Qualification of Legislative Councillors	73.	The Qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec.
Resignation, Disqualification, etc.	74.	The Place of a Legislative Councillor of Quebec shall become vacant in the Cases, mutatis mutandis, in which the Place of Senator becomes vacant.
Vacancies.	75.	When a Vacancy happens in the Legislative Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy.
Questions as to Vacancies, etc.	76.	If any Question arises respecting the Qualification of a Legislative Councillor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council.
Speaker of Legislative Council.	77.	The Lieutenant Governor may from Time to Time, by Instrument under the Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his Stead.
Quorum of Legislative Council.	78.	Until the Legislature of Quebec otherwise provides, the Presence of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers.
Voting in Legislative Council.	79.	Questions arising in the Legislative Council of Quebec 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.
Constitution of Legislative Assembly of Quebec.	80.	The Legislative Assembly of Quebec shall be composed of Sixty-five Members, to be elected to represent the Sixty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.^[7]
		3. Ontario and Quebec
[Repealed]	81.	Repealed.^[8]
Summoning of Legislative Assemblies.	82.	The Lieutenant Governor of Ontario and of Quebec shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province.
Restriction on election of Holders of offices.	83.	Until the Legislature of Ontario or of Quebec otherwise provides, a Person accepting or holding in Ontario or in Quebec any Office, Commission, or Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, to which an annual Salary, or any Fee, Allowance, Emolument, or Profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a Member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office.^[9]
Continuance of existing Election Laws.	84.	Until the legislatures of Ontario and Quebec respectively otherwise provide, all Laws which at the Union are in force in those Provinces respectively, 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 Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, — shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec. Provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.^[10]
Duration of Legislative Assemblies.	85.	Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for Four Years from the Day of the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.^[11]
Yearly Session of Legislature.	86.	There shall be a Session of the Legislature of Ontario and of that of Quebec once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Province in one Session and its first Sitting in the next Session.^[12]
Speaker, Quorum, etc.	87.	The following Provisions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, — the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of the Speaker, the Absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly.
		4. Nova Scotia and New Brunswick
Constitutions of Legislatures of Nova Scotia and New Brunswick.	88.	The Constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.^[13]
		5. Ontario, Quebec, and Nova Scotia
[Repealed]	89.	Repealed.^[14]
		6. The Four Provinces
Application to Legislatures of Provisions respecting Money Votes, etc.	90.	The following Provisions of this Act respecting the Parliament of Canada, namely, — the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on Bills reserved, — shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada.

Notes

↑ Provided for by the Salaries Act, R.S.C. 1985, c. S-3.
↑ 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.
↑ 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.
↑ See the notes to section 129, infra.
↑ Spent. Now covered by the Representation Act, R.S.O. 1990, c. R.26.
↑ 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.
↑ The Act respecting electoral districts, S.Q. 1970, c. 7, s. 1, provides that this section no longer has effect.
↑ 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.
↑ 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.
↑ 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. c. E-3.3 and the National Assembly Act, R.S.Q. c. A-23.1.
↑ 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. 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.
↑ 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.
↑ 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 sooner 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.
↑ 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.

[1] Provided for by the Salaries Act, R.S.C. 1985, c. S-3.

[2] 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.

[3] 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.

[4] See the notes to section 129, infra.

[5] Spent. Now covered by the Representation Act, R.S.O. 1990, c. R.26.

[6] 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.

[7] The Act respecting electoral districts, S.Q. 1970, c. 7, s. 1, provides that this section no longer has effect.

[8] 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.

[9] 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.

[10] 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. c. E-3.3 and the National Assembly Act, R.S.Q. c. A-23.1.

[11] 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. 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.

[12] 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.

[13] 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 sooner 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.

[14] 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.

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Contents

Notes