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CanadaA CONSOLIDATION OF THE CONSTITUTION ACTS 1867 TO 1982 DEPARTMENT OF JUSTICE CONSOLIDATED AS OF OCTOBER 1, 1989 FOREWORD This consolidation contains the text of the Constitution Act, 1867 (formerly
the British North America Act, 1867),
The Constitution Act, 1982 also contains a Schedule of repeals of certain
constitutional enactments and provides for the
The law embodied in the Constitution Act, 1867 has been altered many
times otherwise than by direct amendment, not
The various classes of enactments modifying the text of the Constitution Act, 1867, have been dealt with as follows: I. DIRECT AMENDMENTS 1. REPEALS Repealed provisions (e.g. section 2) have been deleted from the text and quoted in a footnote. 2. AMENDMENTS Amended provisions (e.g. section 4) are reproduced in the text in their
amended form and the original provisions are
3. ADDITIONS Added provision (e.g. section A) are included in the text. 4. SUBSTITUTIONS Substituted provisions (e.g. section 18) are included in the text, and the former provisions is quoted in a footnote. II. INDIRECT AMENDMENTS 1. ALTERATIONS BY UNITED KINGDOM PARLIAMENT Provisions altered by the United Kingdom Parliament otherwise than by
direct amendment (e.g. section 21) are included
2. ADDITIONS BY UNITED KINGDOM PARLIAMENT Constitutional provisions added otherwise than by the insertion of additional
provisions in the Constitution Act, 1867 (e.g.
3. ALTERATIONS BY PARLIAMENT OF CANADA Provisions subject to alteration by the Parliament of Canada (e.g. section
37) have been included in the text in their altered
4. ALTERATIONS BY THE LEGISLATURES Provisions subject to alteration by legislatures of the provinces, either
by virtue of specific authority (e.g. sections 83, 84)
III. SPENT PROVISIONS Footnote references are made to those sections that are spent or are
probably spent. For example, section 119 became
The enactments of the United Kingdom Parliament or the Parliament of
Canada, and Orders in Council admitting
The reader will notice inconsistencies in the capitalization of nouns.
It was originally the practice to capitalize the first letter
* * * * * * * * * * This consolidation contains material prepared by the late Dr. E.A. Driedger,
Q.C., which was last published by the
THE CONSTITUTION ACT, 1867 30 & 31 VICTORIA, c. 3. (U.K.) (CONSOLIDATES WITH AMENDMENTS) An Act for the Union of Canada, Nova Scotia, and New Vrunswick, and
the Government thereof; and for Purposes
(29th March 1867.) WHEREAS the Provinces of Canada, Nova Scotia, and New Brunswick have
expressed their Desire to be federally
And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interest 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
And whereas it is expedient that Provision be made for the eventual
Admission into the Union of other Parts of British
I. PRELIMINARY SHORT TITLE 1.- This Act may be cited as the Constitution Act, 1867. 2.- Repealed. II. UNION DECLARATION OF UNION 3.- It shall be lawful for the Queen, by and with the Advice of Her
Majesty's Most Honorable Privy Council, to declare
CONSTRUCTION OF SUBSEQUENT PROVISIONS OF ACT 4.- Unless it is otherwise expressed or implied, the Name Canada shall
be taken to mean Canada as constituted under this
FOUR PROVINCES 5.- Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. PROVINCES OF ONTARIO AND QUEBEC 6.- The Parts of the Province of Canada (as it exists at the passing
of this Act) which formerly constituted respectively the
PROVINCES OF NOVA SCOTIA AND NEW BRUNSWICK 7.- The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act. DECENNIAL CENSUS 8.- In the general Census of the Population of Canada which is hereby
required to be taken in the Year One thousand
III. EXECUTIVE POWER DECLARATION OF EXECUTIVE POWER IN THE QUEEN 9.- The Executive Government and Authority of and over Canada is hereby
declared to continue and be vested in the
APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL 10. The Provisions of this Act referring to the Governor General extend
and apply to the Governor General for the time
CONSTITUTION OF PRIVY COUNCIL FOR CANADA 11.- There shall be a Council to aid and advise in the Government of
Canada, to be styled the Queen's Privy Council for
ALL POWERS UNDER ACTS TO BE EXERCISED BY GOVERNOR GENERAL WITH ADVICE
OF
12.- All Powers, Authorities, and Functions which under any Act of the
Parliament of Great Britain, or of the Parliament
APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL IN COUNCIL 13.- The Provisions of this Act referring to the Governor General in
Council shall be construed as referring to the
POWER TO HER MAJESTY TO AUTHORIZE GOVERNOR GENERAL TO APPOINT DEPUTIES 14.- It shall be lawful for the Queen, if Her Majesty thinks fit, to
authorize the Governor General from Time to Time to
COMMAND OF ARMED FORCES TO CONTINUE TO BE VESTED IN THE QUEEN 15.- The Command-in-Chief of the Land and Naval Militia, and of all
Naval and Military Forces, of and in Canada, is
SEAT OF GOVERNMENT OF CANADA 16.- Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa. IV. LEGISLATIVE POWER CONSTITUTION OF PARLIAMENT OF CANADA 17.- there shall be One Parliament for Canada, consisting of the Queen,
an Upper House styled the Senate, and the
PRIVILEGES, ETC... OF HOUSES 18.- The privileges, immunities, and powers to be held, enjoyed, and
exercised by the Senate and by the House of
FIRST SESSION OF THE PARLIAMENT OF CANADA 19.- The Parliament of Canada shall be called together not later than Six Months after the Union. 20.- Repealed. THE SENATE NUMBER OF SENATORS 21.- The Senate shall, subject to the Provisions of this Act, consist
of One Hundred and four Members, who shall be
REPRESENTATION OF PROVINCES IN SENATE 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
In the Case of Quebec each of the Twenty-four Senators representing
that Province shall be appointed for One of the
QUALIFICATIONS OF SENATOR 23.- The Qualifications of a Senator shall be as follows: 1. He shall be of that full age of Thirty Years: 2. He shall be either a natural-born Subject of the Queen, or a Subject
of the Queen naturalized by an Act of the
3. He shall be legally or equitably seised as of Freehold for his own
Use and Benefit of Lands or Tenements held in Free
4. His Real and Personal Property shall be together worth Four thousand
Dollars over and above his Debts and
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,
SUMMONS OF SENATOR 24.- The Governor General shall from Time to Time, in the Queen's Name,
by Instrument under the Great Seal of
25.- Repealed. ADDITION OF SENATORS IN CERTAIN CASES 26.- If at any Time on the Recommendation of the Governor General the
Queen thinks fit to direct that Four or Eight
REDUCTION OF SENATE TO NORMAL NUMBER 27.- In case of such Addition being at any Time made, the Governor General
shall not summon any Person to the Senate,
MAXIMUM NUMBER OF SENATORS 28.- The Number of Senators shall not at any Time exceed One Hundred and twelve. TENURE OF PLACE IN SENATE 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
RESIGNATION OF PLACE IN SENATE 30.- A Senator may by Writing under his Hand addressed to the Governor
General resign his Place in the Senate, and
DISQUALIFICATION OF SENATORS 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 Acknowledgment of Allegiance,
Obedience, or Adherence to a Foreign
3. If he is adjudged Bankrupt or Insolvent, or applies for the Benefit
of any Law relating to Insolvent Debtors, or
4. If he is attainted of Treason or convicted of 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
SUMMONS ON VACANCY IN SENATE 32.- When a Vacancy happens in the Senate by Resignation, Death, or
otherwise, the Governor General shall by
QUESTIONS AS TO QUALIFICATIONS AND VACANCIES IN SENATE 33.- If any Question arises respecting the Qualification of a Senator
or a Vacancy in the Senate the same shall be heard
APPOINTMENT OF SPEAKER OF SENATE 34.- The Governor General may from Time to Time, by Instrument under
the Great Seal of Canada, appoint a Senator to
QUORUM OF SENATE 35.- Until the Parliament of Canada otherwise provides, the Presence
of at least Fifteen Senators, including the Speaker,
VOTING IN SENATE 36.- Question arising in the Senate shall be decided by a Majority of
Voices, and the Speaker shall in all Cases have a
THE HOUSE OF COMMONS CONSTITUTION OF HOUSE OF COMMONS IN CANADA 37.- The House of commons shall, subject to the Provisions of this Act,
consist of two hundred and ninety-five members
SUMMONING OF HOUSE OF COMMONS 38.- The Governor General shall from Time to Time, in the Queen's Name,
by Instrument under the Great Seal of
SENATORS NOT TO SIT IN 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. ELECTORAL DISTRICTS OF THE FOUR PROVINCES 40.- Until the Parliament of Canada otherwise provides, Ontario, Quebec,
Nova Scotia, and New Brunswick shall, for
1. - ONTARIO Ontario shall be divided into the Counties, Ridings of Counties, Cities,
Parts of Cities, and Towns enumerated in the First
2. - QUEBEC Quebec shall be divided into Sixty-five Electoral Districts, composed
of the Sixty-five Electoral Divisions into which
3. - NOVA SCOTIA Each of the Eighteen Counties of Nova Scotia shall be an Electoral District.
The County of Halifax shall be entitled to
4. - NEW BRUNSWICK Each of the Fourteen Counties into which New Brunswick is divided, including
the City and County of St. John, shall be
CONTINUANCE OF EXISTING ELECTION LAWS UNTIL PARLIAMENT OF CANADA OTHERWISE
41.- Until the Parliament of Canada otherwise provides, all Laws in
force in the several Provinces at the Union relative to
Provided that, until the Parliament of Canada otherwise provides, at
any Election for a Member of the House of
42.- Repealed. 43.- Repealed. AS TO ELECTION OF SPEAKER OF HOUSE OF COMMONS 44.- The House of Commons on its first assembling after a General Election
shall proceed with all practicable Speed to
AS TO FILLING UP VACANCY IN OFFICE OF SPEAKER 45.- In case of a Vacancy happening in the Office of Speaker by Death,
Resignation, or otherwise, the House of
SPEAKER TO PRESIDE 46.- The Speaker shall preside at all Meetings of the House of Commons. PROVISION IN CASE OF ABSENCE OF SPEAKER 47.- Until the Parliament of Canada otherwise provides, in case of the
Absence for any Reason of the Speaker from the
QUORUM OF HOUSE OF COMMONS 48.- The Presence of at least Twenty Members of the House of Commons
shall be necessary to constitute a Meeting of
VOTING IN HOUSE OF COMMONS 49.- Questions arising in the House of Commons shall be decided by a
Majority of Voices other than that of the Speaker,
DURATION OF HOUSE OF COMMONS 50.- Every House of Commons shall continue for Five Years from the Day
of the Return of the Writs for choosing the
READJUSTMENT OF REPRESENTATION IN COMMONS 51.- 1. The number of members of the House of Commons and the representation
of the provinces therein shall, on the
Rules 1. There shall be assigned to each of the provinces a number of
members equal to the number obtained by dividing
2. If the total number of members that would be assigned to a province
by the application of rule is less than the total
Yukon territory and Northwest Territories 2. The Yukon Territory as bounded and described in the schedule to chapter
Y-2 of the Revised Statutes of Canada,
CONSTITUTION OF HOUSE OF COMMONS a.- Notwithstanding anything in this Act a province shall always be
entitled to a number of members in the House of
INCREASE OF NUMBER OF HOUSE OF COMMONS 52.- The Number of Members of the House of Commons may be from Time
to Time increased by the Parliament of
MONEY VOTES; ROYAL ASSENT APPROPRIATION AND TAX BILLS 53.- Bills for appropriating any Part of the Public Revenue, or for
imposing any Tax or Impost, shall originate in the House
RECOMMENDATION OF MONEY VOTES 54.- It shall not be lawful for the House of Commons to adopt or pass
any Vote, Resolution, Address, or Bill for the
ROYAL ASSENT TO BILLS, ETC. 55.- Where a Bill passed by the Houses of the Parliament is presented
to the Governor General for the Queen's Assent,
DISALLOWANCE BY ORDER IN COUNCIL OF ACT ASSENTED TO BY GOVERNOR GENERAL 56.- Where the Governor General assents to a Bill in the Queen's Name,
he shall by the first convenient Opportunity send
SIGNIFICATION OF QUEEN'S PLEASURE ON BILL RESERVED 57.- A Bill reserved for the Signification of the Queen's Pleasure shall
not have any Force unless and until, within Two
An Entry of every such Speech, Message, or Proclamation shall be made
in the Hournal of each House, and a Duplicate
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
TENURE OF OFFICE OF LIEUTENANT GOVERNOR 59.- A Lieutenant Governor shall hold Office during the Pleasure of
the Governor General; but any Lieutenant Governor
SALARIES OF LIEUTENANT GOVERNORS 60.- The Salaries of the Lieutenant Governors shall be fixed and provided by the Parliament of Canada. OATHS, ETC., OF LIEUTENANT GOVERNOR 61.- Every Lieutenant Governor shall, before assuming the Duties of
his Office, make and subscribe before the Governor
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
APPOINTMENT OF EXECUTIVE OFFICERS OF ONTARIO AND QUEBEC 63.- The Executive Council of Ontario and of Quebec shall be composed
of such Persons as the Lieutenant Governor
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,
POWERS TO BE EXERCISED BY LIEUTENANT GOVERNOR OF ONTARIO OR QUEBEC WITH
65.- All Powers, Authorities, and Functions which under any Act of the
Parliament of Great Britain, or of the Parliament
APPLICATION FOR 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
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
SEATS OF PROVINCIAL GOVERNMENTS 68.- Unless and until the Executive Government of any Province otherwise
directs with respect to that Province, the Seats
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
ELECTORAL DISTRICTS 70.- The Legislative Assembly of Ontario shall be composed of Eighty-two
Members, to be elected to represent the
2. - QUEBEC LEGISLATURE FOR QUEBEC 71.- There shall be a Legislature for Quebec consisting of the Lieutenant
Governor and of Two Houses, styled the
CONSTITUTION OF LEGISLATIVE COUNCIL 72.- The Legislative Council of Quebec shall be composed of Twenty-four
Members, to be appointed by the Lieutenant
QUALIFICATION OF LEGISLATIVE COUNCILORS 73.- The Qualifications of the Legislative Councilors 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
VACANCIES 75.- When a Vacancy happens in the Legislative Council of Quebec by
Resignation, Death, or otherwise, the Lieutenant
QUESTIONS AS TO VACANCIES, ETC. 76.- If any Question arises respecting the Qualification of a Legislative
Councillor of Quebec, or a Vacancy in the
SPEAKER OF LEGISLATIVE COUNCIL 77.- The Lieutenant governor may from Time to Time, by Instrument under
the Great Seal of Quebec, appoint a Member
QUORUM OF LEGISLATIVE COUNCIL 78.- Until the Legislature of Quebec otherwise provides, the Presence
of at least Ten Members of the Legislative Council,
VOTING IN LEGISLATIVE COUNCIL 79.- Questions arising in the Legislative Council of Quebec shall be
decided by a Majority of Voices, and the Speaker
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
3. - ONTARIO AND QUEBEC 81.- Repealed. 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
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
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
Provided that, until the Legislature of Ontario otherwise provides,
at any Election for a Member of the Legislative
DURATION OF LEGISLATIVE ASSEMBLIES 85.- Every Legislative Assembly of Ontario and every Legislative Assembly
of Quebec shall continue for Four Years from
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
SPEAKER, QUORUM, ETC. 87.- The following Provisions of this Act respecting the House of Commons
of Canada shall extend and apply to the
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
5. - ONTARIO, QUEBEC, AND NOVA SCOTIA 89.- Repealed. 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
VI. DISTRIBUTION OF LEGISLATIVE POWERS POWERS OF THE PARLIAMENT LEGISLATIVE AUTHORITY OF PARLIAMENT OF CANADA 91.- It shall be lawful for the Queen, by and with the Advice and Consent
of the Senate and House of Commons, to make
1. Repealed. 1A. The Public Debt and Property. 2. The Regulation of Trade and Commerce. 2A. Unemployment insurance. 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
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
And any Matter coming within any of the Classes of Subjects enumerated
in this Section shall not be deemed to come
EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES SUBJECTS OF EXCLUSIVE PROVINCIAL LEGISLATION 92.- In each Province the Legislature may exclusively make Laws in relation
to Matters coming within the Classes of
1. Repealed. 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
8. Municipal Institution in the Province. 9. Shop, Saloon, Tavern, Auctioneer, and other Licenses in order to
the raising of a Revenue for Provincial, Local, or
10. Local Works and Undertakings other than such as are of the following Classes:- a. Lines of Steam or other Ships, Railways, Canals, Telegraphs, and
other Works and Undertakings connecting the
b. Lines of Steam Ships between the Province and any British or Foreign Country: c. Such Works as, although wholly situate within the Province, are before
or after their Execution declared by the
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
15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for
enforcing any Law of the Province made in
16. Generally all Matters of a merely local or private Nature in the Province. NON-RENEWABLE NATURAL RESOURCES, FORESTRY RESOURCES AND ELECTRICAL ENERGY LAWS RESPECTING NON-RENEWABLE NATURAL RESOURCE, FORESTRY RESOURCES AND
92A.- 1. In each province, the legislature may exclusively make laws in relation to a. exploration for non-renewable natural resources in the province; b. development, conservation and management of non-renewable natural
resources and forestry resources in the
c. development, conservation and management of sites and facilities
in the province for the generation and production of
Export from provinces of resources 2. In each province, the legislature may make laws in relation to the
export from the province to another part of Canada of
Authority of Parliament 3. Nothing in subsection (2) derogates from the authority of Parliament
to enact laws ins relation to the matters referred to
Taxation of resources 4. In each province, the legislature may make laws in relation to the
raising of money by any mode or system of taxation in
a. non-renewable natural resources and forestry resources in the province and the primary production therefrom, and b. sites and facilities in the province for the generation of electrical energy and the production therefrom. whether or not such production is exported in whole or in part from
the province, but such laws may not authorize or
"Primary production" 5. The expression "primary production" has the meaning assigned by the Sixth Schedule. Existing powers or rights 6. Nothing in subsections (1) to (5) derogates from any powers or rights
that a legislature or government of a province
EDUCATION LEGISLATION RESPECTING EDUCATION 93.- In and for each Province the Legislature may exclusively make Laws
in relation to Education, subject and according
1. Nothing in any such Law shall prejudicially affect any Right or Privilege
with respect to Denominational Schools which
2. All the Powers, Privileges, and Duties at the Union by Law conferred
and imposed in Upper Canada on the Separate
3. Where in any Province a System of Separate or Dissentient Schools
exists by Law at the Union or is thereafter
4. In case any such Provincial Law as from Time to Time seems to the
Governor General in Council requisite for the due
UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND NEW BRUNSWICK LEGISLATION FOR UNIFORMITY OF LAWS IN THREE PROVINCES 94.- Notwithstanding in this Act, the Parliament of Canada may make
Provisions for the Uniformity of all or any of the
OLD AGE PENSIONS LEGISLATION RESPECTING OLD AGE PENSIONS AND SUPPLEMENTARY BENEFITS 94A.- The Parliament of Canada may make laws in relation to old age
pensions and supplementary benefits, including
AGRICULTURE AND IMMIGRATION CONCURRENT POWERS OF LEGISLATION RESPECTING AGRICULTURE, ETC. 95.- In each Province the Legislature may make Laws in relation to Agriculture
in the Province, and to Immigration into
VII. JUDICATURE APPOINTMENT OF JUDGES 96.- The Governor General shall appoint the Judges of the Superior,
District, and County courts in each Province, except
SELECTION FOR JUDGES IN ONTARIO, ETC. 97.- Until the Laws relative to Property and Civil rights in Ontario,
Nova Scotia, and New Brunswick, and the Procedure
SELECTION OF JUDGES IN QUEBEC 98.- The Judges of the Courts of Quebec shall be selected from the Bar of that Province. TENURE OF OFFICE OF JUDGES 99.- 1. Subject to subsection two of this section, the Judges of the
Superior Courts shall hold office during good behavior,
Termination at age 75 2. A Judge of a Superior Court, whether appointed before or after the
coming into force of this section, shall cease to
SALARIES, ETC., OF JUDGES 100.- The Salaries, Allowances, and Pensions of the Judges of the Superior,
District, and County Courts (except the
GENERAL COURT OF APPEAL, ETC. 101.- The Parliament of Canada may, notwithstanding anything in this
Act, from Time to Time provide for the
VIII. REVENUES; DEBTS; ASSETS; TAXATION CREATION OF CONSOLIDATED REVENUE FUND 102.- All Duties and Revenues over which the respective Legislatures
of Canada, Nova Scotia, and New Brunswick
EXPENSES OF COLLECTION, ETC. 103.- The Consolidated Revenue Fund of Canada shall be permanently charged
with the Costs, Charges, and Expenses
INTEREST OF PROVINCIAL PUBLIC DEBTS 104.- The annual Interest of the Public Debts of the several Provinces
of Canada, Nova Scotia, and New Brunswick at
SALARY OF GOVERNOR GENERAL 105.- Unless altered by the Parliament of Canada, the Salary of the
Governor General shall be Ten thousand Pounds
APPROPRIATION FROM TIME TO TIME 106.- Subject to the several Payments by this Act charged on the Consolidated
Revenue Fund of Canada, the same shall
TRANSFER OF STOCKS, ETC. 107.- All Stocks, Cash, Banker's Balances, and Securities for Money
belonging to each Province at the Time of the
TRANSFER OF PROPERTY IN SCHEDULE 108.- The Public Words and Property of each Province, enumerated in
the Third Schedule to this Act, shall be the
PROPERTY IN LANDS, MINES, ETC. 109.- All Lands, Mines, Minerals, and Royalties belonging to the several
Provinces of Canada, Nova Scotia, and New
ASSETS CONNECTED WITH PROVINCIAL DEBTS 110.- All Assets connected with such Portions of the Public Debt of
each Province as are assumed by that Province shall
CANADA TO BE LIABLE FOR PROVINCIAL DEBTS 111.- Canada shall be liable for the Debts and Liabilities of each Province existing at the Union. DEBTS OF ONTARIO AND QUEBEC 112.- Ontario and Quebec conjointly shall be liable to Canada for the
Amount (if any) by which the Debt of the Province
ASSETS OF ONTARIO AND QUEBEC 113.- The Assets enumerated in the Fourth Schedule to this Act belonging
at the Union to the Province of Canada shall
DEBT OF NOVA SCOTIA 114.- Nova Scotia shall be liable to Canada for the Amount (if any)
by which its Public Debt exceeds at the Union Eight
DEBT OF NEW BRUNSWICK 115.- New Brunswick shall be liable to Canada for the Amount (if any)
by which its Public Debt exceeds at the Union
PAYMENT OF INTEREST OR NOVA SCOTIA AND NEW BRUNSWICK 116.- In case the Public Debts of Nova Scotia and New Brunswick do not
at the Union amount to Eight million and
PROVINCIAL PUBLIC PROPERTY 117.- The several Provinces shall retain all their respective Public
Property not otherwise disposed of in this Act, subject
118.- Repealed. FURTHER GRANT TO NEW BRUNSWICK 119.- New Brunswick shall receive by half-yearly Payments in advance
from Canada for the Period of Ten Years from
FORM OF PAYMENTS 120.- All Payments to be made under this Act, or indischarge of Liabilities
created under any Act of the Provinces of
CANADIAN MANUFACTURES, ETC. 121.- All Articles of the Growth, Produce, or manufacture of any one
of the Provinces shall, from and after the union, be
CONTINUANCE OF CUSTOMS AND EXCISE LAWS 122.- The Customs and Excise Laws of each Province shall, subject to
the Provisions of this Act, continue in force until
EXPORTATION AND IMPORTATION AS BETWEEN TWO PROVINCES 123.- Where Customs Duties are, at the Union, leviable on any Goods,
Wares, or Merchandises in any Two Provinces,
LUMBER DUES IN NEW BRUNSWICK 124.- Nothing in this Act shall affect the Right of New Brunswick to
levy the Lumber Dues provided in Chapter Fifteen of
EXEMPTION OF PUBLIC LANDS, ETC. 125.- No Lands or Property belonging to Canada or any Province shall be liable to Taxation. PROVINCIAL CONSOLIDATED REVENUE FUND 126.- Such Portions of the Duties and Revenues over which the respective
Legislatures of Canada, Nova Scotia, and
IX. MISCELLANEOUS PROVISIONS GENERAL 127.- Repealed. OATH OF ALLEGIANCE, ETC. 128.- Every Member of the Senate or House of Commons of Canada shall
before taking his Seat therein take and
CONTINUANCE OF EXISTING LAWS, COURTS, OFFICERS, ETC. 129.- Except as otherwise provided by this Act, all Laws in force in
Canada, Nova Scotia, or New Brunswick at the
TRANSFER OF OFFICERS TO CANADA 130.- Until the Parliament of Canada otherwise provides, all Officers
of the several Provinces having Duties to discharge
APPOINTMENT OF NEW OFFICERS 131.- Until the Parliament of Canada otherwise provides, the Governor
General in Council may from Time to Time
TREATY OBLIGATIONS 132.- The Parliament and Government of Canada shall have all Powers
necessary or proper for performing the
USE OF ENGLISH AND FRENCH LANGUAGES 133.- Either the English or the French Language may be used by any Person
in the Debates of the Houses of the
The Acts of the Parliament of Canada and of the Legislature of Quebec
shall be printed and published in both those
ONTARIO AND QUEBEC APPOINTMENT OF EXECUTIVE OFFICERS FOR ONTARIO AND QUEBEC 134.- Until the Legislature of Ontario or of Quebec otherwise provides,
the Lieutenant Governors of Ontario and Quebec
POWERS, DUTIES, ETC. OF EXECUTIVE OFFICERS 135.- Until the Legislature of Ontario or Quebec otherwise provides,
all Rights, Powers, Duties, Functions,
GREAT SEALS 136.- Until altered by the Lieutenant Governor in Council, the Great
Seals of Ontario and Quebec respectively shall be
CONSTRUCTION OF TEMPORARY ACTS 137.- The words "and from thence to the End of the then next ensuing
Session of the Legislature," or words to the same
AS TO ERRORS IN NAMES 138.- From and after the Union the Use of the Words "Upper Canada" instead
of "Ontario," or "Lower Canada" instead
AS TO ISSUE OF PROCLAMATIONS BEFORE UNION, TO COMMENCE AFTER UNION 139.- Any Proclamation under the Great Seal of the Province of Canada
issued before the Union to take effect at a Time
AS TO ISSUE OF PROCLAMATIONS AFTER UNION 140.- Any Proclamation which is authorized by any Act of the Legislature
of the Province of Canada to be issued under
PENITENTIARY 141.- The Penitentiary of the Province of Canada shall, until the Parliament
of Canada otherwise provides, be and
ARBITRATION RESPECTING DEBTS, ETC. 142.- The Division and Adjustment of the Debts, Credits, Liabilities,
Properties, and Assets of Upper Canada and Lower
DIVISION OF RECORDS 143.- The Governor General in Council may from Time to Time order that
such and so many of the Records, Books, and
CONSTITUTION OF TOWNSHIPS IN QUEBEC 144.- The Lieutenant Governor of Quebec may from Time to Time, by Proclamation
under the Great Seal of the
X. INTERCOLONIAL RAILWAY 145.- Repealed. XI. ADMISSION OF OTHER COLONIES POWER TO ADMIT NEWFOUNDLAND, ETC., INTO THE UNION 146.- It shall be lawful for the Queen, by and with the Advice of Her
Majesty's Most Honorable Privy Council, on
AS TO REPRESENTATION OF NEWFOUNDLAND AND PRINCE EDWARD ISLAND IN SENATE 147.- In case of the Admission of Newfoundland and Prince Edward Island,
or either of them, each shall be entitled to a
SCHEDULES THE FIRST SCHEDULE ELECTORAL DISTRICTS OF ONTARIO A. EXISTING ELECTORAL DIVISIONS. COUNTIES 1. Prescott. 6. Carleton. 2. Glengarry. 7. Prince Edward. 3. Stormont. 8. Halton. 4. Dundas. 9. Essex. 5. Russell. RIDINGS OF COUNTIES 10. North Riding of Lanark. 11. South Riding of Lanark. 12. North Riding of Leeds and North Riding of Grenville. 13. South Riding of Leeds. 14. South Riding of Grenville. 15. East Riding of Northumberland. 16. West Riding of Northumberland (excepting therefrom the Township of South Monaghan). 17. East Riding of Durham. 18. West Riding of Durham. 19. North Riding of Ontario. 20. South Riding of Ontario. 21. East Riding of York. 22. West Riding of York. 23. North Riding of York. 24. North Riding of Wentworth. 25. South Riding of Wentworth. 26. East Riding of Elgin. 27. West Riding of Elgin. 28. North Riding of Waterloo. 29. South Riding of Waterloo. 30. North Riding of Brant. 31. South Riding of Brant. 32. North Riding of Oxford. 33. South Riding of Oxford. 34. East Riding of Middlesex. CITIES, PARTS OF CITIES, AND TOWNS 35. West Toronto. 36. East Toronto. 37. Hamilton. 38. Ottawa. 39. Kingston. 40. London. 41. Town of Brockville, with the Township of Elizabethtown thereto attached. 42. Town of Niagara, with the Township of Niagara thereto attached. 43. Town of Cornwall, with the Township of Cornwall thereto attached. B. NEW ELECTORAL DIVISIONS 44. The Provisional Judicial District of ALGOMA. The County of BRUCE, divided into Two Ridings, to be called respectively the North and South Ridings:- 45. The North Riding of Bruce to consist of the Townships of Bury, Lindsay,
Eastnor, Albermarle, Amable, Arran,
46. The South Riding of Bruce to consist of the Townships of Kincardine
(including the Village of Kincardine), Greenock,
The County of HURON, divided into Two Ridings, to be called respectively the North and South Ridings:- 47. The North riding to consist of the Townships of Aschfield, Wawanosh,
Turnberry, Howick, Morris, Grey, Colborne,
48. The South Riding to consist of the Town of goderich and the Townships
of goderich, Tuckersmith, Stanley, hay,
The County of MIDDLESEX, divided into three Ridings, to be called respectively the North, West, and East Ridings:- 49. The North Riding to consist of the Townships of McGillivray and
Biddulph (taken from the County of Huron), and
50. The West Riding to consist of the Townships of Delaware, Carradoc,
Mercalfe, Mosa and Ekfrid, and the Village of
[The East Riding to consist of the Townships now embraced therein, and be bounded as it is at present.] 51. The County of LAMBTON to consist of the Townships of Bosanquet,
Warwick, Plympton, Sarnia, Moore,
52. The County of Kent to consist of the Townships of Chatham, Dover,
East Tilbury, Romney, Raleigh, and Harwich,
53. The County of BOTHWELL to consist of the Townships of sonbra, Dawn,
and Euphemia (taken from the Conty of
The County of GREY divided into Two Ridings to be called respectively the South and North Ridings:- 54. The South Riding to consist of the Townships of Bentinck, Glenelg,
Artemesia, Osprey, Normanby, Egremont,
55. The North Riding to consist of the Townships of Collingwood, Euphrasia,
Holland, Saint-Vicent, Sydenham, Sullivan,
The County of PERTH divided into Two Ridings, to be called respectively the South and North Ridings:- 56. The North Riding to consist of the Townships of Wallace, Elma, Logan,
Ellice, Mornington, and North Easthope, and
57. The South Riding to consist of the Townships of Blanchard, Downie,
South Easthope, Fullarton, Hibbert, and the
The County of WELLINGTON divided into Three Ridings to be called respectively North, South and Centre Ridings:- 58. The North Riding to consist of the Townships of Amaranth, Arthur,
Luther, Minto, Maryborough, Peel, and the
59. The Centre Riding to consist of the Townships of Garafraxa, Erin,
Eramosa, Nichol, and Pilkington, and the Villages
60. The South Riding to consist of the Town of Guelph, and the Townships of Guelph and Puslinch. The County of NORFOLK, divided into Two Ridings, to be calles respectively the South and North Ridings:- 61. The South Riding to consist of the Townships of Charlotteville,
Houghton, Walsingham, and Woodhouse, and with
62. The North Riding to consist of the Townships of Middleton, Townsend, and Windham, and the Town of Simcoe. 63. The County of HALDIMAND to consist of the Townships of Oneida, Seneca,
Cayuga North, Cayuga South,
64. The County of MONCK to consist of the Townships of Canborough and
Moulton, and Sherbrooke, and the Village
65. the County of LINCOLN to consist of the Townships of Clinton, Grantham,
Grimsby, and Louth, and the Town of
66. The County of WELLAND to consist of the Townships of Bertie, Crowland,
Humberstone, Stamford, Thorold, and
67. The County of PEEL to consist of the Townships of Chinguacousy,
Toronto, and the Gore of Toronto, and the
68. The County of CARDWELL to consist of the Townships of Albion and
Caledon (taken from the County of Peel),
The County of SIMCOE, divided into Two Ridings, to be called respectively the South and North Ridings:- 69. The South Riding to consist of the Townships of West Gwillimbury,
Tecumseth, Innisfil, Essa, Tosorontio, Mulmur,
70. The North Riding to consist of the Townships of Nottawasaga, Sunnidale,
Vespra, Flos, Oro, Medonte, Orillia and
The County of VICTORIA, divided into Two Ridings, to be called respectively the South and North Ridings:- 71. The South Riding to consist of the Townships of Ops, Mariposa, Emily, Verulam, and the Town of Lindsay. 72. The North Riding to consist of the Townships of Anson, Bexley, Carden,
Dalton, Digby, Eldon, Fenelon, Hindon,
The County of PETERBOROUGH, divided into Two Ridings, to be called respectively the West and East Ridings:- 73. The West Riding to consist of the Townships of South Monaghan (taken
from the County of Northumberland), North
74. The East Riding to consist of the Townships of Asphodel, Belmont
and Methuen, Douro, Dummer, Galway, Harvey,
The County of HASTINGS, divided into Three Ridings, to be called respectively the West, East, and North Ridings:- 75. The West Riding to consist of the Town of Belleville, the Township of Sydney, and the Village of Trenton. 76. The East Riding to consist of the Townships of Thurlow, Tyendinaga, and Hungerford. 77. The North Riding to consist of the Townships of Rawdon, Huntingdon,
Madoc, Elzevir, Tudor, Marmora, and lake,
78. The County of LENNOX to consist of the Townships of Richmond, Adolphustown,
North Fredericksburg, South
79. The County of ADDINGTON to consist of the Townships of Camden, Portland,
Sheffield, Hinchinbrooke, Kaladar,
80. The County of FRONTENAC to consist of the Townships of Kingston,
Wolfe Island, Pittsburg and Howe Island,
The County of RENFREW, divided into Two Ridings, to be called respectively the South and North Ridings:- 81. The South Riding to consist of the Townships of McNab, Bagot, Blithfield,
Brougham, Horton, Admaston, Grattan,
82. The North Riding to consist of the Twonships of Ross, Bromley, Westmeath,
Stafford, Pembroke, Wilberforce,
Every Town and incorporated Village existing at the Union, no especially
mentioned in this Schedule, is to be taken as
THE SECOND SCHEDULE ELECTORAL DISTRICTS OF QUEBEC SPECIALLY FIXED COUNTIES OF- Pontiac. Missisquoi. Compton. Ottawa. Brome. Wolfe and Argenteuil. Shefford. Richmond. Huntingdon. Stanstead. Megantic. Town of Sherbrooke. THE THIRD SCHEDULE PROVINCIAL PUBLIC WORKS AND PROPERTY TO BE THE PROPERTY OF CANADA 1. Canals, with Lands and Water Power connected therewith. 2. Public Harbours. 3. Lighthouses and Piers, and Sable Island. 4. Steamboats, Dredges, and public Vessels. 5. Rivers and Lake Improvements. 6. Railways and Railway Stocks, Mortgages, and other Debts due by Railway Companies. 7. Military Roads. 8. Custom Houses, Post Offices, and all other Public Buildings, except
such as the Government of Canada appropriate
9. Property transferred by the Imperial Government, and Known as Ordnance Property. 10. Armouries, Drill Sheds, Military Clothing, and Munitions of War, and Lands set apart for general Public Purposes. THE FOURTH SCHEDULE ASSETS TO BE THE PROPERTY OF ONTARIO AND QUEBEC CONJOINTLY Upper Canada Building Fund. Lunatic Asylums. Normal School. Court Houses in Aylmer. : Montreal. :Lower Canada. Kamouraska. : Law Society, Upper Canada. Montreal Turnpike Trust. University Permanent fund. Royal Institution. Consolidated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan fund, Lower Canada. Agricultural Society, Upper Canada. Lower Canada Legislative Grant. Quebec fire Loan. Temiscouata Advance Account. Quebec Turnpike Trust. Education - East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. THE FIFTH SCHEDULE OATH OF ALLEGIANCE IA.B. do swear. That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria. Note.- The Name of the King or Queen of the United Kingdom of Great
Britain and Ireland for the Time being is to be
DECLARATION OF QUALIFICATION IA.B. do declare and testify, That I am by Law duly qualified to be
appointed a Member of the Senate of Canada [or as
THE SIXTH SCHEDULE PRIMARY PRODUCTION FROM NON-RENEWABLE NATURAL RESOURCES AND FORESTRY RESOURCES 1.- For the purposes of section 92A of this Act, a. production from a non-renewable natural resource is primary production therefrom if i. it is in the form in which it exists upon its recovery or severance from its natural state, or ii. it is a product resulting from processing or refining the resource,
and is not a manufactured product or a product
b. production from a forestry resource is primary production therefrom
if it consists of sawlongs, poles, lumber, wood
CONSTITUTION ACT, 1982 SCHEDULE B CONSTITUTION ACT, 1982 PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: GUARANTEE OF RIGHTS AND FREEDOMS RIGHTS AND FREEDOMS IN CANADA 1.- The Canadian Charter of Rights and Freedoms guarantees the rights
and freedoms set out in it subject only to such
FUNDAMENTAL FREEDOMS FUNDAMENTAL FREEDOMS 2.- Everyone has the following fundamental freedoms: a. freedom of conscience and religion; b. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c. freedom of peacefun assembly; and d. freedom of association. DEMOCRATIC RIGHTS DEMOCRATIC RIGHTS OF CITIZENS 3.- Every citizen of Canada has the right to vote in an election of
members of the House of Commons or of a legislative
MAXIMUM DURATION OF LEGISLATIVE BODIES 4.- 1. No House of Commons and no legislative assembly shall continue
for longer than five years from the date fixed for
Continuation in special circumstances 2. In time of real or apprehended war, invasion or insurrection, a House
of Commons may be continued by Parliament
ANNUAL SITTING OF LEGISLATIVE BODIES 5.- There shall be a sitting of Parliament and of each legislature at least once every twelve months. MOBILITY RIGHTS MOBILITY OF CITIZENS 6.- 1. Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood 2. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right a. to move to and take up residence in any province; and b. to pursue the gaining of a livelihood in any province. Limitation 3. The rights specified in subsection (2) are subject to a. any laws or practices of general application in force in a province
other than those that discriminate among persons
b. any laws providing for reasonable residency requirements as a qualification
for the receipt of publicly provided social
Affirmative action programs 4. Subsections (2) and (3) do not preclude any law, program or activity
that has as its object the amelioration in a
LEGAL RIGHTS LIFE, LIBERTY AND SECURITY OF PERSON 7.- Everyone has the right to life, liberty and security of the persons
and the right not to be deprived thereof except in
SEARCH OR SEIZURE 8.- Everyone has the right to be secure against unreasonable search or seizure. DETENTION OR IMPRISONMENT 9.- Everyone has the right not to be arbitrarily detained or imprisoned. ARREST OR DETENTION 10.- Everyone has the right on arrest or detention a. to be informed promptly of the reasons therefor; b. to retain and instruct counsel without delay and to be informed of that right; and c. to have the validity of the detention determined by way of habeas
corpus and to be released if the detention is not
PROCEEDINGS IN CRIMINAL AND PENAL MATTERS 11.- Any person charged with an offense has the right a. to be informed without unreasonable delay of the specific offense; b. to be tried within a reasonable time; c. not to be compelled to be a witness in proceedings against that person in respect of the offense; d. to be presumed innocent until proven guilty according to law in a
fair and public hearing by an independent and
e. not to be denied reasonable bail without just cause; f. except in the case of an offense under military law tried before
a military tribunal, to the benefit of trial by jury where the
g. not to be found guilty on account of any act or omission unless,
at the time of the act or omission, it constituted an
h. if finally acquitted of the offense, not to be tried for it again
and, if finally found guilty and punished for the offense, not
i. if found guilty of the offense and if the punishment for the offense
has been varied between the time of commission and
TREATMENT OR PUNISHMENT 12.- Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. SELF-CRIMINATION 13.- A witness who testifies in any proceedings has the right not to
have any incriminating evidence so given used to
INTERPRETER 14.- A party or witness in any proceedings who does not understand or
speak the language in which the proceedings are
EQUALITY RIGHTS EQUALITY BEFORE AND UNDER LAW AND EQUAL PROTECTION AND BENEFIT OF LAW 15.- 1. Every individual is equal before and under the law and has the
right to the equal protection and equal benefit of the
OFFICIAL LANGUAGES OF CANADA OFFICIAL LANGUAGES OF CANADA 16.- 1. English and French are the official languages of Canada and
have equality of status and equal rights and privileges
Official languages of New Brunswick 2. English and French are the official languages of New Brunswick and
have equality of status and equal rights and
Advancement of status and use 3. Nothing in this Charter limits the authority of Parliament or a legislature
to advance the equality of status or use of
PROCEEDINGS OF PARLIAMENT 17.- 1. Everyone has the right to use English or French in any debates and other proceedings of Parliament. Proceedings of New Brunswick legislature 2. Everyone has the right to use English or French in any debates and
other proceedings of the legislature of New
PARLIAMENTARY STATUTES AND RECORDS 18.- 1. The statutes, records and journals of Parliament shall be printed
and published in English and French and both
New Brunswick statutes and records 2. The statutes, records and journals of the legislature of New Brunswick
shall be printed and published in English and
PROCEEDINGS IN COURTS ESTABLISHED BY PARLIAMENT 19.- 1. Either English or French may be used by any person in, or in
any pleading in or process issuing from, any court
Proceedings in New Brunswick courts 2. Either English or French may be used by any person in, or in any
pleading in or process issuing from, any court of New
COMMUNICATIONS BY PUBLIC WITH FEDERAL INSTITUTIONS 20.- 1. Any member of the public in Canada has the right to communicate
with, and to receive available services from,
a. there is a significant demand for communications with and services from that office in such language; or b. due to the nature of the office, it is reasonable that communications
with and services from that office be available in
Communications by public with New Brunswick institutions 21.- Nothing in sections 16 to 20 abrogates or derogates from any right,
privilege or obligation with respect to the English
RIGHTS AND PRIVILEGES PRESERVED 22.- Nothing in sections 16 to 20 abrogates or derogates from any legal
or customary right or privilege acquired or
MINORITY LANGUAGE EDUCATIONAL RIGHTS LANGUAGE OF INSTRUCTION 23.- 1. Citizens of Canada a. whose first language learned and still understood is that of the
English or French linguistic minority population of the
b. who have received their primary school instruction in Canada in English
or French and reside in a province where the
have the right to have their children receive primary and secondary school instruction in that language in that province. Continuity of language instruction 2. Citizens of Canada of whom any child has received or is receiving
primary or secondary school instruction in English or
Application where numbers warrant 3. The right of citizens of Canada under subsections(1) and (2) to have
their children receive primary and secondary
a. applies wherever in the province the number of children of citizens
who have such a right is sufficient to warrant the
b. includes, where the number of those children so warrants, the right
to have them receive that instruction in minority
ENFORCEMENT ENFORCEMENT OF GUARANTEED RIGHTS AND FREEDOMS 24.- 1. Anyone whose rights or freedoms, as guaranteed by this Charter,
have been infringed or denied may apply to a
Exclusion of evidence bringing administration of justice into disrepute 2. Where, in proceedings under subsection (1), a court concludes that
evidence was obtained in a manner that infringed or
GENERAL ABORIGINAL RIGHTS AND FREEDOMS NOT AFFECTED BY CHARTER 25.- The guarantee in this Charter of certain rights and freedoms shall
not be construed so as to abrogate or derogate
a. any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b. any rights or freedoms that now exist by way of land claims agreements or may be so acquired. OTHER RIGHTS AND FREEDOMS NOT AFFECTED BY CHARTER 26.- The guarantee in this Charter of certain rights and freedoms shall
not be construed as denying the existence of any
MULTICULTURAL HERITAGE 27.- This Charter shall be interpreted in a manner consistent with the
preservation and enhancement of the multicultural
RIGHTS GUARANTEED EQUALLY TO BOTH SEXES 28.- Notwithstanding anything in this Charter, the rights and freedoms
referred to in it are guaranteed equally to male and
RIGHTS RESPECTING CERTAIN SCHOOLS PRESERVED 29.- Nothing in this Charter abrogates or derogates from any rights
or privileges guaranteed by or under the Constitution
APPLICATION TO TERRITORIES AND TERRITORIAL AUTHORITIES 30.- A reference in this Charter to a Province or to the legislative
assembly or legislature of a province shall be deemed to
LEGISLATIVE POWERS NOT EXTENDED 31.- Nothing in this Charter extends the legislative powers of any body or authority. APPLICATION OF CHARTER APPLICATION OF CHARTER 32.- 1. This Charter applies a. to the Parliament and government of Canada in respect of all matters
within the authority of Parliament including all
b. to the legislature and government of each province in respect of
all matters within the authority of the legislature of each
Exception 2. Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force. EXCEPTION WHERE EXPRESS DECLARATION 33.- 1. Parliament or the legislature of a province may expressly declare
in an Act of Parliament or of the legislature, as
Operation of exception 2. An Act or a provision of an Act in respect of which a declaration
made under this section is in effect shall have such
Five year limitation 3. A declaration made under subsection (1) shall cease to have effect
five years after it comes into force or on such earlier
Re-enactment 4. Parliament or the legislature of a province may reenact a declaration made under subsection (1). Five year limitation 5. Subsection (3) applies in respect of a re-enactment made under subsection (4). CITATION CITATION 34.- This Part may be cited as the Canadian Charter of Rights and Freedoms. PART II RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA RECOGNITION OF EXISTING ABORIGINAL AND TREATY RIGHTS 35.- 1. The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. Definition of "aboriginal peoples of Canada" 2. In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada. Land claims agreements 3. For greater certainty, in subsection (1) "treaty rights" includes
rights that now exist by way of land claims agreements or
Aboriginal and treaty rights are guaranteed equally to both sexes 4. Notwithstanding any other provision of this Act, the aboriginal and
treaty rights referred to in subsection (1) are
COMMITMENT TO PARTICIPATION IN CONSTITUTIONAL CONFERENCE 35.1.- The government of Canada and the provincial governments are committed
to the principal that, before any
a. a constitutional conference that includes in its agenda an item relating
to the proposed amendment, composed of the
b. the Prime Minister of Canada will invite representatives of the aboriginal
peoples of Canada to participate in the
PART III EQUALIZATION AND REGIONAL DISPARITIES COMMITMENT TO PROMOTE EQUAL OPPORTUNITIES 36.- 1. Without altering the legislative authority of Parliament or
of the provincial legislatures, or the rights of any of them
a. promoting equal opportunities for the well-being of Canadians; b. furthering economic development to reduce disparity in opportunities; and c. providing essential public services of reasonable quality to all Canadians. Commitment respecting public services 2. Parliament and the government of Canada are committed to the principle
of making equalization payments to ensure
PART IV CONSTITUTIONAL CONFERENCE 37.- Section 54 provide for the repeal of Part IV one year after part
VII came into force. Part VII came into force on
PART IV.I CONSTITUTIONAL CONFERENCES 37.1.- Which was added by the Constitution Amendment Proclamation, 1983
(see SI/84-102), was repealed on April
PART V PROCEDURE FOR AMENDING CONSTITUTION OF CANADA GENERAL PROCEDURE FOR AMENDING CONSTITUTION OF CANADA 38.- 1. An amendment to the Constitution of Canada may be made by proclamation
issued by the Governor General
a. resolutions of the Senate and House of Commons; and b. resolutions of the legislative assemblies of at least two-thirds
of the provinces that have, in the aggregate, according to
Majority of members 2. An amendment made under subsection (1) that derogates from the legislative
powers, the proprietary rights or any
Expression of dissent 3. An amendment referred to in subsection (2) shall not have effect
in a province the legislative assembly of which has
Revocation of dissent 4. A resolution of dissent made for the purposes of subsection (3) may
be revoked at any time before or after the issue of
RESTRICTION ON PROCLAMATION 39.- 1. A proclamation shall not be issued under subsection 38(1) before
the expiration of one year from the adoption of
Idem 2. A proclamation shall not be issued under subsection 38(1) after the
expiration of three years from the adoption of the
COMPENSATION 40.- Where an amendment is made under subsection 38(1) that transfers
provincial legislative powers relating to
AMENDMENT BY UNANIMOUS CONSENT 41.- An amendment to the Constitution of Canada in relation to the following
matters may be made by proclamation
a. the office of the Queen, the Governor General and the Lieutenant Governor of a province; b. the right of a province to a number of members in the House of Commons
not less than the number of Senators by
c. subject to section 43, the use of the English or the French language; d. the composition of the Supreme Court of Canada; and e. an amendment to this Part. AMENDMENT BY GENERAL PROCEDURE 42.- 1. An amendment to the Constitution of Canada in relation to the
following matters may be made only in accordance
a. the principle of proportionate representation of the provinces in
the House of Commons prescribed by the Constitution
b. the powers of the Senate and the method of selecting Senators; c. the number of members by which a province is entitled to be represented
in the Senate and the residence qualifications
d. subject to paragraph 41(d), the Supreme Court of Canada; e. the extension of existing provinces into the territories; and f. notwithstanding any other law or practice, the establishment of new provinces. Exception 2. Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1). AMENDMENT OF PROVISIONS RELATING TO SOME BUT NOT ALL PROVINCES 43.- An amendment to the Constitution of Canada in relation to any provision
that applies to one or more, but not all,
a. any alteration to voundaries between provinces, and b. any amendment to any provision that relates to the use of the English or the French language within a province. may be made by proclamation issued by the Governor General under the
Great Seal of Canada only where so authorized
AMENDMENTS BY PARLIAMENT 44.- Subject to sections 41 and 42, Parliament may exclusively make
laws amending the Constitution of Canada in
AMENDMENTS BY PROVINCIAL LEGISLATURES 45.- Subject to section 41, the legislature of each province may exclusively
make laws amending the constitution of the
INITIATION OF AMENDMENT PROCEDURES 46.- 1. The procedures for amendment under sections 38, 41, 42 and 43
may be initiated either by the Senate or the
2. A resolution of assent made for the purposes of this Part may be
revoked at any time before the issue of a
AMENDMENTS WITHOUT SENATE RESOLUTION 47.- 1. An amendment to the Constitution of Canada made by proclamation
under section 38, 41, 42 or 43 may be made
Computation of period 2. Any period when Parliament is prorogued or dissolved shall not be
counted in computing the one hundred and eighty
ADVICE TO ISSUE PROCLAMATION 48.- The Queen's Privy Council for Canada shall advise the Governor
General to issue a proclamation under this Part
CONSTITUTIONAL CONFERENCE 49.- A constitutional conference composed of the Prime Minister of Canada
and the first ministers of the provinces shall
PART VI AMENDMENT TO THE CONSTITUTION ACT, 1867 50.- The amendment is set out in the Consolidation of the Constitution Act, 1867, as section 92A thereof. 51.- The amendment is set out in the Consolidation of the Constitution Act. 1867, as the Sixth Schedule thereof. PART VII GENERAL PRIMACY OF CONSTITUTION OF CANADA 52.- 1. The Constitution of Canada is the supreme law of Canada, and
any law that is inconsistent with the provisions of
Constitution of Canada 2. The Constitution of Canada includes a. the Canada Act 1982, including this Act; b. the Acts add orders referred to in the schedule; and c. any amendment to any Act or order referred to in paragraph (a) or (b). Amendments to Constitution of Canada 3. Amendments to the Constitution of Canada shall be made only in accordance
with the authority contained in the
REPEALS AND NEW NAMES 53.- 1. The enactments referred to in Column I of the schedule are hereby
repealed or amended to the extent indicated in
Consequential amendments 2. Every enactment, except the Canada Act 1982, that refers to an enactment
referred to in the schedule by the name in
REPEAL AND CONSEQUENTIAL AMENDMENTS 54.- Part IV is repealed on the day that is one year after this Part
comes into force and this section may be repealed and
54.1.- Which was added by the Constitution Amendment Proclamation, 1983
(see SI/84-102), provided for the repeal of
FRENCH VERSION OF CONSTITUTION OF CANADA 55.- A French version of the portions of the Constitution of Canada
referred to in the schedule shall be prepared by the
ENGLISH AND FRENCH VERSIONS OF CERTAIN CONSTITUTIONAL TEXTS 56.- Where any portion of the Constitution of Canada has been or is
enacted in English and French or where a French
ENGLISH AND FRENCH VERSIONS OF THIS ACT 57.- The English and French versions of this Act are equally authoritative. COMMENCEMENT 58.- Subject to section 59, this Act shall come into force one day to
be fixed by proclamation issued by the Queen or the
COMMENCEMENT OF PARAGRAPH 59.- 1. Paragraph 23(1)(a) shall come into force in respect of Quebec
one day to be fixed by proclamation issued by the
2. A proclamation under subsection (1) shall be issued only where authorized
by the legislative assembly or government of
3. This section may be repealed on the day paragraph 23(1)(a) comes
into force in respect of Quebec and this Act
SHORT TITLE AND CITATIONS 60.- This Act may be cited as the Constitution Act. 1982, and the Constitution
Acts 1867 to 1975 (No. 2) and this Act
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