(2) Any period when Parliament is prorogued or dissolved shall not be counted in computing the one hundred and eighty day period referred to in subsection (1). (2) A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder.

c. A-23.1.

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. 18. 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 any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such 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. Pursuant to this statute, the Parliament of Canada enacted the Alberta Act (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan Act (July 20, 1905, 4-5 Edw. VII, c. 42), providing for the creation of the provinces of Alberta and Saskatchewan, respectively. 39. A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. It was defeated in a national referendum. ), The Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42 (Can. (Library and Archives Canada 2017). (55).

Since the British North America Act was an Imperial statute extending to Canada, any Canadian law violating the BNA Act was inoperative.

(1) The long title is repealed and the following substituted therefor: Section 1 is repealed and the following substituted therefor: “1. This Act may be cited as the Constitution Act, 1871.”.

(105), 56. Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 55, the English and French versions of that portion of the Constitution are equally authoritative.(107). (2) The Yukon Territory as constituted by Chapter forty-one of the Statutes of Canada, 1901, together with any Part of Canada not comprised within a province which may from time to time be included therein by the Parliament of Canada for the purposes of representation in Parliament, shall be entitled to one member. (99) Section 54 of the Constitution Act, 1982 provided for the repeal of Part IV (section 37) one year after Part VII came into force. premiers could not agree on how the Constitution should be amended. (25) Provision for exercising the functions of Speaker during his or her absence is now made by Part III of the Parliament of Canada Act, R.S.C. 1985, c. P-1. Signing up enhances your TCE experience with the ability to save items to your personal reading list, and access the interactive map.

Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.    The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.

(See Patriation of the Constitution. (2) A resolution of assent made for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it.

(63). “electoral quotient” means, in respect of a province, the quotient obtained by dividing its population, determined according to the results of the then most recent decennial census, by the number of members to be assigned to it under any of Rules 1 to 5(3) in the readjustment following the completion of that census; “intermediate province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census but not more than two and a half million and not less than one and a half million; “large province” means a province (other than Quebec) having a population greater than two and a half million; “penultimate decennial census” means the decennial census that preceded the then most recent decennial census; “population” means, except where otherwise specified, the population determined according to the results of the then most recent decennial census; “small province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census and less than one and half million. 14. 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. The Accord never came into effect.[13]. (c) providing essential public services of reasonable quality to all Canadians. At the time of Confederation, in 1867, it was thought that federal and provincial jurisdiction over various heads of power would generally be exclusive. 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.

4. Subject to Rules 5(1)(a), (2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained. The executive cannot enforce a law that a court has declared to be without force or effect.

Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

116. In case the Public Debts of Nova Scotia and New Brunswick do not at the Union amount to Eight million and Seven million Dollars respectively, they shall respectively receive by half-yearly Payments in advance from the Government of Canada Interest at Five per Centum per Annum on the Difference between the actual Amounts of their respective Debts and such stipulated Amounts.

provincial and territorial governments from infringing on Canadian rights and Newfoundland was added on March 31, 1949, by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), which ratified the Terms of Union of Newfoundland with Canada.

(34), 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. The decisions made at Confederation concerning the distribution of powers recognized that issues of a national or international nature would fall under federal jurisdiction, whereas issues of a local or provincial nature would fall under provincial jurisdiction. (86) See section 133 of the Constitution Act, 1867 and footnote (67). The decision of delegates (now called the “Fathers of Confederation”) at the Charlottetown and Québec conferences to opt for a federal system in Canada came as the result of compromise.

Section 3 is repealed and the following substituted therefor: “3. This Act may be cited as the Constitution Act, 1886.”.

58. The North Riding to consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the Village of Mount Forest. The section read as follows: 127.  If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council. 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. Although there was no express provision giving the courts the power to decide that a Canadian law violated the BNA Act and was therefore inoperative, this power was implicit in s. 2 of the Colonial Laws Validity Act, which established the priority of statutes to be applied by the courts. "Trudeau and the Canadian Charter of Rights and Freedoms: A Question of Constitutional Maturation." Where the Constitution does not explicitly assign a matter to federal or provincial jurisdiction, the courts may need to provide guidance by inferring jurisdiction on the basis of the existing provisions in the Constitution Act, 1867.22.

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.

However, that agreement collapsed three years later when the legislatures

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. (2) The Yukon Territory as constituted by chapter forty-one of the statutes of Canada, 1901, shall be entitled to one member, and such other part of Canada not comprised within a province as may from time to time be defined by the Parliament of Canada shall be entitled to one member.

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