British North America Act, 1867 - Enactment no. 1

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Legislative Power (cont.)

• 3. — ONTARIO AND QUEBEC.

  81. The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months after the Union.

  First Session of Legislatures
• 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.

  Summoning of Legislative Assemblies
• 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.

  Restriction on Election of Holders of Offices
• 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.

  Continuance of existing Election Laws
• 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.

  Duration of Legislative Assemblies
• 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.

  Yearly Session of Legislature
• 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.

  Speaker, Quorum, &c.

  
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  4. — 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; 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.

  Constitutions of Legislatures of Nova Scotia and New Brunswick

  
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  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.

  First Elections

  
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  6. — THE FOUR PROVINCES.

• 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.

  Application to Legislatures of Provisions respecting Money Votes, &c.

  
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  VI. — DISTRIBUTION OF LEGISLATIVE POWERS.

  Powers of the Parliament.

• 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, --

  1. The Public Debt and Property.
  2. The Regulation of Trade and Commerce.
  3. The raising of Money by any Mode or System of Taxation.
  4. The borrowing of Money on the Public Credit.
  5. Postal Service.
  6. The Census and Statistics.
  7. Militia, Military and Naval Service, and Defence.
  8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada.
  9. Beacons, Buoys, Lighthouses, and Sable Island.
  10. Navigation and Shipping.
  11. Quarantine and the Establishment and Maintenance of Marine Hospitals.
  12. Sea Coast and Inland Fisheries.
  13. Ferries between a Province and any British or Foreign Country or between Two Provinces.
  14. Currency and Coinage.
  15. Banking, Incorporation of Banks, and the Issue of Paper Money.
  16. Savings Banks.
  17. Weights and Measures.
  18. Bills of Exchange and Promissory Notes.
  19. Interest.
  20. Legal Tender.
  21. Bankruptcy and Insolvency.
  22. Patents of Invention and Discovery.
  23. Copyrights.
  24. Indians, and Lands reserved for the Indians.
  25. Naturalization and Aliens.
  26. Marriage and Divorce.
  27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.
  28. The Establishment, Maintenance, and Management of Penitentiaries.
  29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

  And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

  Legislative Authority of Parliament of Canada

  
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  Exclusive Powers of Provincial Legislatures.

• 92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated, that is to say,
  
  

  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.
  2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
  3. The borrowing of Money on the sole Credit of the Province.
  4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.
  5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.
  6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province.
  7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
  8. Municipal Institutions in the Province.
  9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Muni-cipal Purposes.
  10. Local Works and Undertakings other than such as are of the following Classes,--
      1. Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
      2. Lines of Steam Ships between the Province and any British or Foreign Country:
      3. Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
  11. The Incorporation of Companies with Provincial Objects.
  12. The Solemnization of Marriage in the Province.
  13. Property and Civil Rights in the Province.
  14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
  15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
  16. Generally all Matters of a merely local or private Nature in the Province.

  Subjects of exclusive Provincial Legislation

  
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  Education.

• 93. In and for each Province the 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 in the Province at the Union:
  • (2.) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec:
  • (3.) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision 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:
  • (4.) 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.

  Legislation respecting Education

  
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  Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick.

• 94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof.

  Legislation for Uniformity of Laws in three Provinces

  
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  Agriculture and Immigration.

• 95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.
  
  

  Concurrent Powers of Legislation respecting Agriculture, &c.

Part: 1 | 2 | 3 | 4 | 5 | 6 (Schedules)