THE CONSTITUTION ACTS 1867 To 1982
CANADAA Consolidation ofTHECONSTITUTIONACTS1867 to 1982DEPARTMENT OF JUSTICECANADAConsolidated as of January 1, 2013
Her Majesty the Queen in Right of Canada,represented by the Minister of Public Works andGovernment Services, 2012.Available through your local book seller or by mailfrom Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, OntarioK1A 0S5Telephone: (613) 941-5995Fax: (613) 954-5779Orders only: 1-800-635-7943Internet: http://publications.gc.caCatalogue No.: YX1-1/2012ISBN: 978-0-660-67458-2
FOREWORDConsolidation of the Constitution Acts, 1867 to 1982This consolidation contains the text of the Constitution Act, 1867 (formerly theBritish North America Act, 1867), together with amendments made to it since its enactment, and the text of the Constitution Act, 1982, as amended since its enactment.The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedomsand other provisions, including the procedure for amending the Constitution ofCanada.The Constitution Act, 1982 also contains a schedule of repeals of certain constitutional enactments and provides for the renaming of others. The British North America Act, 1949, for example, is renamed as the Newfoundland Act. The new names ofthese enactments are used in this consolidation, but their former names may befound in the schedule.The Constitution Act, 1982 was enacted as Schedule B to the Canada Act 1982,1982, c. 11 (U.K.). It is set out in this consolidation as a separate Act after theConstitution Act, 1867.Amendment of the Constitution Act, 1867The law embodied in the Constitution Act, 1867 has been altered many times otherwise than by textual amendment, not only by the Parliament of the United Kingdom but also by the Parliament of Canada and the legislatures of the provinces inthose cases where provisions of that Act are expressed to be subject to alteration byParliament or the legislatures. A consolidation of the Constitution Acts includingonly those subsequent enactments that alter the text of the Act would therefore notproduce a true statement of the law. In preparing this consolidation, an attempt hasbeen made to reflect accurately the substance of the law contained in enactmentsmodifying the provisions of the Constitution Act, 1867, whether by textual amendment or otherwise.The various classes of enactments modifying the Constitution Act, 1867 havebeen dealt with as follows:I. Textual Amendments1. RepealsRepealed provisions (e.g. section 2) have been deleted from the text and quotedin a footnote.iii
2. AmendmentsAmended provisions (e.g. section 4) are reproduced in the text in their amendedform and the original provisions are quoted in a footnote.3. AdditionsAdded provisions (e.g. section 51A) are included in the text.4. SubstitutionsSubstituted provisions (e.g. section 18) are included in the text and the formerprovision is quoted in a footnote.II. Non-textual Amendments1. Alterations by United Kingdom ParliamentProvisions altered by the United Kingdom Parliament otherwise than by textualamendment (e.g. section 21) are included in the text in their altered form and theoriginal provision is quoted in a footnote.2. Additions by United Kingdom ParliamentConstitutional provisions added otherwise than by the insertion of additional provisions in the Constitution Act, 1867 (e.g. provisions of the Constitution Act, 1871authorizing Parliament to legislate for any territory not included in a province) arenot incorporated in the text but the additional provisions are quoted in an appropriate footnote.3. Alterations by Parliament of CanadaProvisions subject to alteration by the Parliament of Canada (e.g. section 37)have been included in the text in their altered form, wherever possible, but wherethis was not feasible (e.g. section 40) the original section has been retained in thetext and a footnote reference made to the Act of the Parliament of Canada effectingthe alteration.4. Alterations by the LegislaturesProvisions subject to alteration by the legislatures of the provinces, either byvirtue of specific authority (e.g. sections 83 and 84) or by virtue of head 1 of section92 (e.g. sections 70 and 72), have been included in the text in their original form butthe footnotes refer to the provincial enactments effecting the alteration. Amendments to the provincial enactments are not noted; these may be found by consultingthe provincial statutes. In addition, only the enactments of the original provinces areiv
referred to; corresponding enactments by the provinces that were created at a laterdate are not noted.Spent ProvisionsFootnote references are made to those sections that are spent or probably spent.For example, section 119 became spent by lapse of time and the footnote referenceindicates this. In turn, section 140 is probably spent, but short of examining allstatutes passed before Confederation there would be no way of ascertaining definitely whether or not the section is spent; the footnote reference therefore indicatesthat the section is probably spent.GeneralThe enactments of the United Kingdom Parliament and the Parliament of Canada,and Orders in Council admitting territories, that are referred to in the footnotes maybe found in Appendix II of the Appendices to the Revised Statutes of Canada, 1985and in the annual volumes of the Statutes of Canada.There are some inconsistencies in the capitalization of nouns. It was originallythe practice to capitalize the first letter of all nouns in British statutes and the Constitution Act, 1867 was so written, but this practice was discontinued and was neverfollowed in Canadian statutes. In the original provisions included in this consolidation, nouns are written as they were enacted.French VersionThe French version of the Constitution Act, 1867 is the conventional translation.It does not have the force of law since this Act was enacted by the Parliament of theUnited Kingdom in English only.Section 55 of the Constitution Act, 1982 provides that a “French version of theportions of the Constitution of Canada referred to in the schedule [to that Act] shallbe prepared by the Minister of Justice of Canada as expeditiously as possible”. TheFrench Constitutional Drafting Committee was established in 1984 with a mandateto assist the Minister of Justice in that task. The Committee’s Final Report, whichcontains forty-two constitutional enactments, was tabled in Parliament in December1990. The French version of the Final Report is available on the Justice CanadaWebsite at the following URL: l.v
AcknowledgementThis consolidation of the Constitution Acts, 1867 to 1982 contains material prepared by the late Dr. E. A. Driedger, Q.C. The material has been updated wherenecessary. The Department of Justice gratefully acknowledges Dr. Driedger’s earlier work.vi
TABLE OF PROVISIONSSectionPageCONSTITUTION ACT, 1867Preamble1I. PRELIMINARY1Short title1II. UNION345678910111213141516171819Declaration of UnionConstruction of subsequent Provisions of ActFour ProvincesProvinces of Ontario and QuebecProvinces of Nova Scotia and New BrunswickDecennial Census2222223III. EXECUTIVE POWER3Declaration of Executive Power in the QueenApplication of Provisions referring to GovernorGeneralConstitution of Privy Council for CanadaAll Powers under Acts to be exercised by GovernorGeneral with Advice of Privy Council, or aloneApplication of Provisions referring to GovernorGeneral in CouncilPower to Her Majesty to authorize Governor Generalto appoint DeputiesCommand of Armed Forces to continue to be vestedin the QueenSeat of Government of Canada33334444IV. LEGISLATIVE POWER4Constitution of Parliament of CanadaPrivileges, etc., of HousesFirst Session of the Parliament of Canada445THE SENATE2122232426271Number of SenatorsRepresentation of Provinces in SenateQualifications of SenatorSummons of SenatorAddition of Senators in certain casesReduction of Senate to normal Numbervii5567888
Table of ProvisionsSection282930313233343536PageMaximum Number of SenatorsTenure of Place in SenateResignation of Place in SenateDisqualification of SenatorsSummons on Vacancy in SenateQuestions as to Qualifications and Vacancies inSenateAppointment of Speaker of SenateQuorum of SenateVoting in SenateTHE HOUSE OF COMMONS3738394041444546474849505151A52Constitution of House of Commons in CanadaSummoning of House of CommonsSenators not to sit in House of CommonsElectoral districts of the four ProvincesContinuance of existing Election Laws untilParliament of Canada otherwise providesAs to Election of Speaker of House of CommonsAs to filling up Vacancy in Office of SpeakerSpeaker to presideProvision in case of Absence of SpeakerQuorum of House of CommonsVoting in House of CommonsDuration of House of CommonsReadjustment of representation in CommonsConstitution of House of CommonsIncrease of Number of House of CommonsMONEY VOTES; ROYAL ASSENT5354555657585960Appropriation and Tax BillsRecommendation of Money VotesRoyal Assent to Bills, etc.Disallowance by Order in Council of Act assented toby Governor GeneralSignification of Queen’s Pleasure on Bill 1717171717181818V. PROVINCIAL CONSTITUTIONS18EXECUTIVE POWER18Appointment of Lieutenant Governors of ProvincesTenure of Office of Lieutenant GovernorSalaries of Lieutenant Governorsviii181819
Table of ProvisionsSection61626364656667686970PageOaths, etc., of Lieutenant GovernorApplication of Provisions referring to LieutenantGovernorAppointment of Executive Officers for Ontario andQuebecExecutive Government of Nova Scotia andNew BrunswickPowers to be exercised by Lieutenant Governor ofOntario or Quebec with Advice, or aloneApplication of Provisions referring to LieutenantGovernor in CouncilAdministration in Absence, etc., of LieutenantGovernorSeats of Provincial Governments191919202020201. Ontario20Legislature for OntarioElectoral districts2021Legislature for QuebecConstitution of Legislative CouncilQualification of Legislative CouncillorsResignation, Disqualification, etc.VacanciesQuestions as to Vacancies, etc.Speaker of Legislative CouncilQuorum of Legislative CouncilVoting in Legislative CouncilConstitution of Legislative Assembly of Quebec3. Ontario and Quebec82838485868719LEGISLATIVE POWER2. Quebec7172737475767778798019Summoning of Legislative AssembliesRestriction on election of Holders of officesContinuance of existing Election LawsDuration of Legislative AssembliesYearly Session of LegislatureSpeaker, Quorum, etc.ix212121212121222222222222232323242424
Table of ProvisionsSectionPage4. Nova Scotia and New Brunswick889091Constitutions of Legislatures of Nova Scotia andNew Brunswick256. The Four Provinces25Application to Legislatures of Provisions respectingMoney Votes, etc.9393A26POWERS OF THE PARLIAMENT26Legislative Authority of Parliament of CanadaSubjects of exclusive Provincial LegislationLaws respecting non-renewable natural resources,forestry resources and electrical energy29293132Legislation for Uniformity of Laws in ThreeProvincesLegislation respecting old age pensions andsupplementary benefitsConcurrent Powers of Legislation respectingAgriculture, etc.VII. JUDICATURE96979828Legislation respecting EducationQuebecAGRICULTURE AND IMMIGRATION952831OLD AGE PENSIONS94A26EDUCATIONUNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, ANDNEW BRUNSWICK9425VI. DISTRIBUTION OF LEGISLATIVE POWERSNON-RENEWABLE NATURAL RESOURCES, FORESTRYRESOURCES AND ELECTRICAL ENERGY92A255. Ontario, Quebec, and Nova ScotiaEXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES9225Appointment of JudgesSelection of Judges in Ontario, etc.Selection of Judges in Quebecx32323232323233333333
Table of ProvisionsSection99100101PageTenure of office of JudgesSalaries, etc., of JudgesGeneral Court of Appeal, etc.VIII. REVENUES; DEBTS; ASSETS; eation of Consolidated Revenue FundExpenses of Collection, etc.Interest of Provincial Public DebtsSalary of Governor GeneralAppropriation from Time to TimeTransfer of Stocks, etc.Transfer of Property in ScheduleProperty in Lands, Mines, etc.Assets connected with Provincial DebtsCanada to be liable for Provincial DebtsDebts of Ontario and QuebecAssets of Ontario and QuebecDebt of Nova ScotiaDebt of New BrunswickPayment of interest to Nova Scotia andNew BrunswickProvincial Public PropertyFurther Grant to New BrunswickForm of PaymentsCanadian Manufactures, etc.Continuance of Customs and Excise LawsExportation and Importation as between TwoProvincesLumber Dues in New BrunswickExemption of Public Lands, etc.Provincial Consolidated Revenue 3737373838IX. MISCELLANEOUS PROVISIONS38GENERAL38Oath of Allegiance, etc.Continuance of existing Laws, Courts, Officers, etc.Transfer of Officers to CanadaAppointment of new OfficersTreaty ObligationsUse of English and French Languagesxi383939393940
Table of ProvisionsSectionPageONTARIO AND ntment of Executive Officers for Ontario andQuebecPowers, Duties, etc. of Executive OfficersGreat SealsConstruction of temporary ActsAs to Errors in NamesAs to issue of Proclamations before Union, tocommence after UnionAs to issue of Proclamations after UnionPenitentiaryArbitration respecting Debts, etc.Division of RecordsConstitution of Townships in Quebec414141414242424242434343X. INTERCOLONIAL RAILWAY43XI. ADMISSION OF OTHER COLONIES44Power to admit Newfoundland, etc., into the UnionAs to Representation of Newfoundland and PrinceEdward Island in Senate4444THE FIRST SCHEDULE45THE SECOND SCHEDULE50THE THIRD SCHEDULE50THE FOURTH SCHEDULE51THE FIFTH SCHEDULE51THE SIXTH SCHEDULE52xii
Table of ProvisionsSectionPageCONSTITUTION ACT, 1982PART I1CANADIAN CHARTER OF RIGHTS ANDFREEDOMS53GUARANTEE OF RIGHTS AND FREEDOMS53Rights and freedoms in CanadaFUNDAMENTAL FREEDOMS2Fundamental freedomsDemocratic rights of citizensMaximum duration of legislative bodiesAnnual sitting of legislative bodiesMOBILITY RIGHTS6Mobility of citizensLife, liberty and security of personSearch or seizureDetention or imprisonmentArrest or detentionProceedings in criminal and penal mattersTreatment or punishmentSelf-criminationInterpreterEQUALITY RIGHTS15Equality before and under law and equal protectionand benefit of lawOFFICIAL LANGUAGES OF CANADA1616.117181920545454545454LEGAL RIGHTS78910111213145353DEMOCRATIC RIGHTS34553Official languages of CanadaEnglish and French linguistic communities inNew BrunswickProceedings of ParliamentParliamentary statutes and recordsProceedings in courts established by ParliamentCommunications by public with federal 58
Table of ProvisionsSection2122PageContinuation of existing constitutional provisionsRights and privileges preservedMINORITY LANGUAGE EDUCATIONAL RIGHTS23Language of instructionEnforcement of guaranteed rights and freedomsGENERAL25262728293031Aboriginal rights and freedoms not affected byCharterOther rights and freedoms not affected by CharterMulticultural heritageRights guaranteed equally to both sexesRights respecting certain schools preservedApplication to territories and territorial authoritiesLegislative powers not extendedAPPLICATION OF CHARTER3233Application of CharterException where express 606061616161616161626262626363PART IIRIGHTS OF THE ABORIGINAL PEOPLES OFCANADA3535.1Recognition of existing aboriginal and treaty rightsCommitment to participation in constitutionalconference636363PART III36EQUALIZATION AND REGIONAL DISPARITIES64Commitment to promote equal opportunities64PART IVCONSTITUTIONAL CONFERENCE64PART IV.ICONSTITUTIONAL CONFERENCESxiv65
Table of ProvisionsSectionPagePART VPROCEDURE FOR AMENDING CONSTITUTIONOF CANADA383940414243444546474849General procedure for amending Constitution ofCanadaRestriction on proclamationCompensationAmendment by unanimous consentAmendment by general procedureAmendment of provisions relating to some but not allprovincesAmendments by ParliamentAmendments by provincial legislaturesInitiation of amendment proceduresAmendments without Senate resolutionAdvice to issue proclamationConstitutional conference65656666666767676868686868PART VIAMENDMENT TO THE CONSTITUTION ACT,186769PART VIIGENERAL5253545556575859606169Primacy of Constitution of CanadaRepeals and new namesRepeal and consequential amendmentsFrench version of Constitution of CanadaEnglish and French versions of certain constitutionaltextsEnglish and French versions of this ActCommencementCommencement of paragraph 23(1)(a) in respect ofQuebecShort title and citationsReferences717171SCHEDULE TO THE CONSTITUTION ACT, 198272ENDNOTES76xv69697070707070
CONSTITUTION ACT, 186730 & 31 Victoria, c. 3 (U.K.)An Act for the Union of Canada, Nova Scotia, and New Brunswick, and theGovernment thereof; and for Purposes connected therewith(29th 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 ofthe United Kingdom of Great Britain and Ireland, with a Constitution similar inPrinciple to that of the United Kingdom:And whereas such a Union would conduce to the Welfare of the Provinces andpromote the Interests of the British Empire:And whereas on the Establishment of the Union by Authority of Parliament it isexpedient, 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 bedeclared:And whereas it is expedient that Provision be made for the eventual Admissioninto the Union of other Parts of British North America: (1)I. PRELIMINARYShort title1. This Act may be cited as the Constitution Act, 1867. (2)2. Repealed. (3)(1)The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict.,c. 14 (U.K.). It read as follows:Be it therefore enacted and declared 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:(2)As amended by the Constitution Act, 1982, which came into force on April 17, 1982.The section originally read as follows:1. This Act may be cited as The British North America Act, 1867.(3)Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.),read as follows:2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors ofHer Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.1
Constitution Act, 1867II. UNIONDeclaration of Union3. It shall be lawful for the Queen, by and with the Advice of Her Majesty’sMost Honourable Privy Council, to declare by Proclamation that, on and after a Daytherein appointed, not being more than Six Months after the passing of this Act, theProvinces 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 Provincesshall form and be One Dominion under that Name accordingly. (4)Construction of subsequent Provisions of Act4. Unless it is otherwise expressed or implied, the Name Canada shall be taken tomean Canada as constituted under this Act. (5)Four Provinces5. Canada shall be divided into Four Provinces, named Ontario, Quebec, NovaScotia, and New Brunswick. (6)Provinces of Ontario and Quebec6. The Parts of the Province of Canada (as it exists at the passing of this Act)which formerly constituted respectively the Provinces of Upper Canada and LowerCanada shall be deemed to be severed, and shall form Two separate Provinces. ThePart which formerly constituted the Province of Upper Canada shall constitute theProvince of Ontario; and the Part which formerly constituted the Province of LowerCanada shall constitute the Province of Quebec.Provinces of Nova Scotia and New Brunswick7. The Provinces of Nova Scotia and New Brunswick shall have the same Limitsas at the passing of this Act.(4)The first day of July, 1867, was fixed by proclamation dated May 22, 1867.(5)Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.).The section originally read as follows:4. The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence andhave effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect inthe Queen’s Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the NameCanada shall be taken to mean Canada as constituted under this Act.(6)Canada now consists of ten provinces (Ontario, Quebec, Nova Scotia, NewBrunswick, Manitoba, British Columbia, Prince Edward Island, Alberta,Saskatchewan and Newfoundland and Labrador) and three territories (Yukon, theNorthwest Territories and Nunavut).For further details, see endnote 1.2
Constitution Act, 1867Decennial Census8. In the general Census of the Population of Canada which is hereby required tobe taken in the Year One thousand eight hundred and seventy-one, and in everyTenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished.III. EXECUTIVE POWERDeclaration of Executive Power in the Queen9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.Application of Provisions referring to Governor General10. 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 the Chief Executive Officer or Administrator for the Time being carrying on the Government ofCanada on behalf and in the Name of the Queen, by whatever Title he is designated.Constitution of Privy Council for Canada11. There shall be a Council to aid and advise in the Government of Canada, tobe styled the Queen’s Privy Council for Canada; and the Persons who are to beMembers of that Council shall be from Time to Time chosen and summoned by theGovernor General and sworn in as Privy Councillors, and Members thereof may befrom Time to Time removed by the Governor General.All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone12. 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 Britainand Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, NovaScotia, or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, orwith the Advice and Consent, of the respective Executive Councils thereof, or inconjunction with those Councils, or with any Number of Members thereof, or bythose Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to theGovernment of Canada, be vested in and exerciseable by the Governor General,with the Advice or with the Advice and Consent of or in conjunction with theQueen’s Privy Council for Canada, or any Members thereof, or by the GovernorGeneral individually, as the Case requires, subject nevertheless (except with respectto such as exist under Acts of the Parliament of Great Britain or of the Parliament of3
Constitution Act, 1867the United Kingdom of Great Britain and Ireland) to be abolished or altered by theParliament of Canada. (7)Application of Provisions referring to Governor General in Council13. The Provisions of this Act referring to the Governor General in Council shallbe construed as referring to the Governor General acting by and with the Advice ofthe Queen’s Privy Council for Canada.Power to Her Majesty to authorize Governor General to appoint Deputies14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize theGovernor General from Time to Time to appoint any Person or any Persons jointlyor severally to be his Deputy or Deputies within any Part or Parts of Canada, and inthat Capacity to exercise during the Pleasure of the Governor General such of thePowers, 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 aDeputy or Deputies shall not affect the Exercise by the Governor General himself ofany Power, Authority, or Function.Command of Armed Forces to continue to be vested in the Queen15. The Command-in-Chief of the Land and Naval Militia, and of all Naval andMilitary Forces, of and in Canada, is hereby declared to continue and be vested inthe Queen.Seat of Government of Canada16. Until the Queen otherwise directs, the Seat of Government of Canada shallbe Ottawa.IV. LEGISLATIVE POWERConstitution of Parliament of Canada17. There shall be One Parliament for Canada, consisting of the Queen, an UpperHouse styled the Senate, and the House of Commons.Privileges, etc., of Houses18. The privileges, immunities, and powers to be held, enjoyed, and exercised bythe 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 exceedingthose at the passing of such Act held, enjoyed, and exercised by the Commons(7)See footnote (65) to section 129, below.4
Constitution Act, 1867House of Parliament of the United Kingdom of Great Britain and Ireland, and by themembers thereof. (8)First Session of the Parliament of Canada19. The Parliament of Canada shall be called together not later than Six Monthsafter the Union. (9)20. Repealed. (10)THE SENATENumber of Senators21. The Senate shall, subject to the Provisions of this Act, consist of One Hundred and five Members, who shall be styled Senators. (11)(8)Repealed and re-enacted by the Parliament of Canada Act, 1875, 38-39 Vict., c. 38(U.K.). The original section read as follows:18. The Privileges, Immunities, and Powers to be held, enjoyed, and exercised by the Senate and by theHouse of Commons and by the Members thereof respectively shall be such as are from Time to Time defined byAct of the Parliament of Canada, but so that the same shall never exceed those at the passing of this 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.(9)(10)Spent. The first session of the first Parliament began on November 6, 1867.Section 20, repealed by the Constitution Act, 1982, read as follows:20. There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Monthsshall not intervene between the last Sitting of the Parliament in one Session and its first sitting in the next Session.Section 20 has been replaced by section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of Parliament at least once every twelve months.(11)As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified bythe Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975,S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15,Part 2. The original section read as follows:21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall bestyled Senators.The Manitoba Act, 1870, added two senators for Manitoba; the British ColumbiaTerms of Union added three; upon admission of Prince Edward Island four more wereprovided by section 147 of the Constitution Act, 1867; the Alberta Act and theSaskatchewan Act each added four. The Senate was reconstituted at 96 by the Constitution Act, 1915. Six more senators were added upon union with Newfoundland, and onesenator each was added for Yukon and the Northwest Territories by the ConstitutionAct (No. 2), 1975. One senator was added for Nunavut by the Constitution Act, 1999(Nunavut).5
Constitution Act, 1867Representation of Provinces in Senate22. In relation to the Constitution of the Senate Canada shall be deemed to consist of Four Divisions:1.2.3.4.Ontario;Quebec;The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island;The Western Provinces of Manitoba, British Columbia, Saskatchewan, andAlberta;which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by twenty-four senators; Quebec by twentyfour senators; the Maritime Provinces and Prince Edward Island by twenty-four senators, ten thereof representing Nova Scotia, ten thereof representing NewBrunswick, and four thereof representing Prince Edward Island; the WesternProvinces by twenty-four senators, six thereof representing Manitoba, six thereofrepresenting British Columbia, six thereof representing Saskatchewan, and sixthereof representing Alberta; Newfoundland shall be entitled to be represented inthe Senate by six members; the Yukon Territory, the Northwest Territories andNunavut 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 thatProvince shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes ofCanada. (12)(12)As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975,S.C. 1974-75-76, c. 53 and the Constitution Act, 1999 (Nunavut), S.C. 1998
The Constitution Act, 1982 was enacted as Schedule B to the Canada Act 1982, 1982, c. 11 (U.K.). It is set out in this consolidation as a separate Act after the Constitution Act, 1867. Amendment of the Constitution Act, 1867 The law embodied in the Constitution Act, 1867 has been altered many times oth-
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The Constitution Act, 1982 was enacted as Schedule B to the Canada Act 1982, 1982, c. 11 (U.K.). It is set out in this consolidation as a separate Act after the Constitution Act, 1867 and the Canada Act 1982. Codification La présente codification contient le texte de la Loi consti-tutionnelle de 1867 (antérieurement l'Acte de l'Amérique
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