Constitution Act, 1867 (Originally, "The British North America Act, 1867") (U.K. 30 & 31 Victoria, C.3) (Consolidated with amendments) An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof, and for Purposes connected therewith. (29 March, 1867.) WHEREAS the Provinces of Canada, Nova Scotia and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to the United Kingdom; AND WHEREAS such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire; AND WHEREAS on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared; AND WHEREAS it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America: I. Preliminary 1. This Act may be cited as the Constitution Act, 1867. 2. REPEALED. II. Union 3. It shall be lawful for the Queen, by and with the 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. [July 1st, 1867 was fixed by proclamation dated May 22, 1867.] 4. Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act. 5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia and New Brunswick. 6. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the provinces of Upper and Lower Canada 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. 7. The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act. 8. 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. III. Executive Power 9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. 10. The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated. 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 Councillors, and Members thereof may be from Time to Time removed by the Governor General. 12. 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, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exercisable 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 and Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable being exercised after the Union in relation to the Government of Canada, be vested in and exercisable by the Governor General with the Advice, or the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Member thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under the Acts of the Parliament of Great Britain or the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. [The restriction against abolishing or altering Laws enacted by the Parliament of the United Kingdom was removed by _The Statute of Westminster, 1931_, 22 Geo. V., c.4 (U.K).] 13. The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen's Privy Council for Canada. 14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint and 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. 15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa. IV. Legislative Power 17. There shall be One Parliament for Canada consisting of the Queen, and Upper House Styled the Senate, and the House of Commons. 18. The privileges, immunities, and powers held, enjoyed, and exercised by the Senate and House of Commons, and by the Members thereof, shall be such as are from Time to Time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, or powers shall not confer and privileges, immunities, or powers exceeding those at the passing of the Act held, enjoyed and excercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof. 19. The Parliament of Canada shall be called together not later than Six Months after the Union. 20. REPEALED. The Senate 21. The Senate Shall, subject to the Provisions of this Act, consist of One Hundred and four Members, who shall be styled Senators. 22. In relation to the Constitution of the Senate Canada shall be deemed to consist of Four Divisions: 1. Ontario 2. Quebec 3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island; 4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and Alberta; which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by 24 senators; Quebec by 24 senators; the Maritime Provinces and Prince Edward Island by twenty four senators, ten thereof representing Nova Scotia, ten thereof representing New Brunswick, and four thereof representing Prince Edward Island; the Western Provinces by twenty four senators, six thereof represting Manitoba, six thereof representing British Columbia, six thereof representing Saskatchewan, and six thereof representing Alberta; Newfoundland shall be be entitled to be represented in the Senate by six members, the Yukon territory and the Northwest Territories shall be entitled to be represented in the Senate by one member each. In the Case of Quebec, each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated statues of Canada. 23. The Qualifications of a Senator shall be as follows: (1) He shall be of the full age of Thirty Years; (2) He shall be either a natural-born Subject of the Queen naturalized by an 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 One of the Provinces of Upper Canada, Lower Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada, after the Union; (3) He shall be legally or equitably seised as of Freehold for his Own Use and Benefit of Lands or Tenements held in Free and Common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the Value of Four Thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same; (4) His Real and Personal Property shall be together worth Four Thousand Dollars over and above his Debts and Liabilities; (5) He shall be resident in the Province for which he is appointed; (6) In the case of Quebec he shall have his Real Property Qualification in the Electoral Division for which he is appointed, or shall be resident in that Division. 24. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every person so summoned shall become and be a Member of the Senate and a Senator. 25. REPEALED. 26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Four or Eight Members be added to the Senate, the Governor General may by Summons to Four or Eight qualified Persons (as the case may be), representing equally the Four Divisions of Canada, add to the Senate accordingly. 27. In case of such Addition be at any Time made, the Governor General shall not summon any Person to the Senate, except upon a further like Direction by the Queen on the like Recommendation, to represent, to represent one of the Four Divisions until such Division is represented by Twenty-Four Senators and no more. 28. The Number of Senators shall not at any Time exceed One Hundred and twelve. 29. (1) Subject to subsection (2), a Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. (2) A Senator who is summoned to the Senate after the coming into force of this subsection shall, subject to this Act, hold his place in the Senate until he attains the age of seventy-five years. 30. 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. 31. The Place of a Senator shall become vacant in any of the following Cases: 1. If for Two consecutive Sessions of the Parliament he fails to give his Attendance in the Senate; 2. If he takes an Oath or makes a Declaration or Acknowledgement of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, or entitled to the Rights and Privileges of a Subject or Citizen, of a Foreign Power; 3. If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter; 4. If he is attainted of Treason or convicted of a Felony or of any infamous Crime; 5. If he ceases to be qualified in respect of Property or of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there. 32. When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy. 33. 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. 34. The Governor General may from Time to Time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his Stead. 35. 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. 36. 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. The House of Commons 37. The House of Commons shall, subject to the Provisions of this Act, consist of two hundred and eighty-two members of whom ninety- five shall be elected for Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick, fourteen for Manitoba, twenty-eight for British Columbia, four for Prince Edward Island, twenty-one for Alberta, fourteen for Saskatchewan, seven for Newfoundland, one for the Yukon Territory and two for the Northwest Territories. 38. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons. 39. A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. 40. SPENT. [Defined Federal electoral districts for the original provinces. Now covered by the _Representation Act, 1952_, c.334, as amended.] 41. SPENT. [Defined Federal electoral regulations for the orginal provinces. Now covered by the _Canada Elections Act, 1960_, c.38, as amended.] 42. REPEALED. 43. REPEALED. 44. 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. 45. 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. 46. The Speaker shall preside at all Meetings of the House of Commons. 47. SPENT. [Provisions for exercising the powers of the Speaker of the House of Commons in his absence. Now covered by _The Speaker of the House of Commons Act, 1952_, c. 254, as amended.] 48. The Presence of at least Twenty Members of the House of Commons shall be necessary to constitute a Meeting of the House for the Exercise of its Powers, and for that Purpose the Speaker shall be reckoned as a Member. 49. Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote. 50. Every House of Commons shall conti