Bill C-60, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada […] SC, 1978

1978-06-20 1 Comment

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Date: 1978-06-20
By: Canada (Parliament)
Citation: Bill C-60, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada, and to approve and authorize the taking of measures necessary for the amendment of the Constitution with respect to certain other matters, 3rd Sess, 30th Parl, SC, 1978.
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C-60

Third Session, Thirtieth Parliament, 26-27 Elizabeth II, 1977-78

THE HOUSE OF COMMONS OF CANADA

BILL C-60

An Act to amend the Constitution of Canada with respect to matters coining within the legislative authority of the Parliament of Canada, and to approve and authorize the taking of measures necessary for the amendment of the Constitution with respect to certain other matters

The Parliament of Canada, affirming the will of Canadians to live and find their futures together in a federation based on equality and mutual respect, embracing enduring communities of distinctive origins and experiences, so that all may share more fully in a freer and richer life;

Honouring the contribution of Canadas original inhabitants, of those who built the foundations of the country that is Canada, and of all those whose endeavours through the years have endowed its inheritance;

Welcoming as witness to that inheritance the evolution of the English-speaking and French-speaking communities, in a Canada shaped by men and women from many lands;

And being resolved that a renewal of the Canadian federation, guided by aims set forth in its constitution, can best secure the fulfilment of present and future of Canadians:

Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada, and to approve and authorize the taking of measures necessary for the amendment of the Constitution with respect to certain other matter”.

EXPLANATORY NOTES

This Bill proposes the beginning of a process that would lead to a new and wholly-Canadian statement of Canadas Constitution.

The process proposed would begin with changes in the Constitution relating to matters that are within the legislative authority of Parliament. However, certain provisions of the Bill (described in section l25 as “designated provisions”) cannot be brought into affect by Parliament acting alone, but only following action by both Parliament and provincial legislatures. These “designated provisions” (which are listed in section l25 and marked by asterisks in the different places where they appear in Part l of the Bill) are not proposed for enactment by Parliament but rather only for its approval of the taking of the formal steps that will be needed for their eventual implementation as part of the new Constitution. Among these “designated provisions” are the provisions which deal with the basic distribution of legislative powers as between Parliament and provincial legislatures. These have been included in the Bill substantially in the form in which they now appear in the present Constitution (except for changes that are necessary because of provisions of the Bill that would modify or alter existing constitutional institutions), on the basis that their inclusion will not preclude any changes in them that may be agreed on before any formal steps are taken for their implementation.

Other provisions of the Bill (such as the Canadian Charter of Rights and Freedoms set out in Part l) that are within the legislative authority of Parliament with respect to some, but not all, matters dealt with therein, would become binding on Parliament and its institutions immediately on the commencement of the Bill as law, and thereafter would extend to each of the provinces as their respective legislatures provide for their extension to matters within provincial legislative authority.

For the purposes of the explanatory notes that follow, references to “present” constitutional provisions are to present provisions of the British North America Act, I867 (the “Act of 1867” refereed to in section 2 of the Bill) as amended. Present provisions that have been modified in any respect, or provisions that are new, are so indicated.

SHORT TITLE

I. This Act may be cited as the Constitution Amendment Act, 1978, and Part l of this Act may be cited as the Constitution of Canada Act.

PART I

PROVISIONS RESPECTING THE CONSTITUTION OF CANADA

l CONTINUATION OF UNION

2. By this enactment, the people of Canada declare and affirm the continuation of the union brought into being by the British North American Act, 1867 (hereinafter called the “Act of 1867“) and subsequent constitutional enactments, following upon the expression, in the Act of 1867, of the desire of its original component provinces to be united together under the name of Canada with a constitution similar in principle to that of the United Kingdom, by the law of whose Parliament the union was thus born.

II STATEMENT OF AIMS OF THE CANADIAN FEDERATION

3. By this enactment, the people of Canada likewise declare and affirm that the Union referred to in section 2 shall be so constituted as to further, to the greatest extent possible, their expectations for a future in common as participants in a federation founded on equality and mutual respect, just pride in the achievements of their past from which they benefit and in which they share, profound respect- for personal worth and freedom, and acceptance of their responsibilities as participants in such a federation; it is therefore deemed fitting and timely to consecrate within the Constitution of Canada a statement of aims to assist and guide all Canadians in the governance of the federation and in their relations with one another.

4. To these ends, the stated aims of the Canadian federation shall be:

—to protect the fundamental rights of all Canadians and to promote the conditions of life under which their legitimate aspirations and essential worth and dignity may best be realized;

—to ensure that its society is governed by institutions and laws whose legitimacy is founded upon the will and consent of the people; and to ensure, as well, that neither the power of government nor the will of a majority shall interfere in an unwarranted or arbitrary manner with the enjoyment by each Canadian of his or her liberty, security and well-being;

—to pursue social justice and economic opportunity for all Canadians through the equitable sharing of the benefits and burdens of living in the vast land that is their common inheritance, through the commitment of all Canadians to the balanced development of the land of their common inheritance and to the preservation of its richness and beauty in trust for themselves and generations to come, and through their commitment to overcome unacceptable disparities among Canadians in every region including disparities in the basic public services available to them;

—to expand the horizons of Canadians as individuals, and enhance their collective security and dis as a people, by affirming through their daily lives and governance the fundamental proposition of the new nationality created by their forbears, that is to say, the proposition that fraternity does not require uniformity nor need diversity lead to division; and as elements of that proposition;

(i) to ensure throughout Canada equal respect for English and French as the country‘s principal spoken languages, and for those Canadians who use each of them;

(ii) to ensure throughout Canada equal respect for the many origins, creeds and cultures and for the differing regional identities that help shape its society, and for those Canadians who are part of each of them; and

(iii) inasmuch as the North American majority is, and seems certain to remain overwhelmingly English- speaking, to recognize a permanent national commitment to the endurance and self-fulfilment of the Canadian French-speaking society centred in but not limited to Quebec; each of these elements reinforcing the others and lending strength to the distinctiveness of the Canadian nationality and of its contribution to the world community.

III RlGHTS AND FREEDOMS WlTHlN THE CANADIAN FEDERATION

(a) Introductory

5. The provisions of ‘this division, which Canadian Charter of Rights and Freedoms, are founded on the conviction and belief, affirmed by this Act, that in a free and democratic society there are certain rights and freedoms which must be assured to all of the people of that society as well as to people within that society individually and as members of particular groups, and which must, if they are to endure, be incapable of being alienated by the ordinary exercise of such legislative or other authority as may be conferred by law on its respective institutions of government.

(b) Political and Legal Rights and Freedoms

6. it is accordingly declared that, in Canada, every individual shall enjoy and continue to enjoy the following fundamental rights and freedoms:

—freedom of thought, conscience and religion;

—freedom of the press and other media for the dissemination of news and the expression of opinion and belief;

—the right of the individual to life, and to the liberty and security of his or her person, and the right not to be deprived thereof except by due process of law;

—the right of the individual to the use and enjoyment of property, and the right not to be deprived thereof except in accordance with law; and

—the right of the individual to equality before the law and to the equal protection of the law.

7. In addition to the fundamental rights and freedoms declared by section 6, it is further declared that, in Canada, every individual shall enjoy and continue to enjoy:

—the right to be secure against unreason- able searches and seizures;

—the right not to be arbitrarily detained, imprisoned or exiled;

—the right, as an individual who has been arrested or detained,

(i) to be informed promptly of the reasons for his or her arrest or detention,

(ii) to retain and instruct counsel without delay, and

(iii) to the remedy by way of habeas corpus for the determination of the validity of his or her detention and for his or her release if the detention is not lawful;

—the right not to give evidence before any court, tribunal, commission, board or other authority, if the individual is denied counsel, protection against self- crimination or other constitutional safe- guards;

—the right to the assistance of an interpreter in any proceedings before a court, tribunal, commission, board or other authority in which the individual is involved or is a party or witness, if he or she does not understand or speak the language in which the proceedings are conducted;

—the right to a fair hearing, in accordance with the principles of fundamental justice, for the determination of the individual’s rights or obligations;

—the right not to be subjected to any cruel and unusual treatment or punishment.

8. Every citizen of Canada, wherever the place of his or her residence or domicile, previous residence or domicile, or birth, has

—the right to move to and take up residence in any province or territory of Canada, and in consequence thereof to enjoy the equal protection of the law within that province or territory in the matter of his or her residence therein; and

—the right to acquire and hold property in, and to pursue the gaining of a livelihood in, any province or territory of Canada;

subject to any laws of general application in force in that province or territory but in all other respects subject only to such limitations on his or her exercise or enjoyment of those rights as are reasonably justifiable otherwise than on the basis of the place of his or her residence or domicile, previous residence or domicile, or birth.

(d) Non-Discrimination

9. The rights and freedoms declared by sections 6, 7 and 8 of this Charter shall be enjoyed without discrimination because of race, national or ethnic origin, language, colour, religion, age, or sex.

(e) Elections and Elected Legislatures

10. The principles of free and democratic elections to the House of Commons of Canada and to the legislative assembly of each province, including the principle of universal suffrage for that purpose, are fundamental principles of the Constitution of Canada; more particularly no citizen of Canada shall, because of his or her race, national or ethnic origin, language. colour, religion, or sex, be denied the right to vote in an election of members of the House of Commons of Canada or of the legislative assembly of a province, or be disqualified from membership therein.

11.(1) Canada and legislative assembly of a province shall continue for live years, or in the case of a legislative assembly of a province for five or such lesser number of years as is provided for by the constitution of the province, from the date of the return of the writs for the choosing of its members and no longer, subject to its being sooner dissolved in accordance with law or the procedure recognized by accepted usage therefor.

(2) Notwithstanding subsection (1), in time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by the Parliament of Canada and a legislative assembly of a province may be continued by the legislature thereof beyond the time limited therefor by or under subsection (1), if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

12. There shall bc a session of the Parliament of Canada and of the legislature of each province at least once in every year, so that twelve months shall not intervene between its last sitting in one session and its first sitting in the next.

(f) Official Languages and Language Rights

13. The English and French languages are the official languages of Canada for all purposes declared by the Parliament of Canada or the legislature of any province, acting within the legislative authority of each respectively.

14. (1) Any individual has the right to use English or French, as he or she may choose, in any of the debates or other proceedings of the Parliament of Canada.

(2) Any individual has the right to use English or French, as he or she may choose, in any of the debates or other proceedings of the legislative assembly of any province.

15. (1) The statutes and the records and journals of the Parliament of Canada shall be printed and published in English and French.

(2) The statutes and the records and journals of the legislatures of Ontario, Québec and New Brunswick shall be printed and published in English and French, and all or any of the statutes and the records and journals Of the legislature of any other province shall be printed and published in both of those languages or in either of them, accordingly as its legislature may prescribe.

(3) Where the statutes of any legislative body described in subsection (1) or (2) are printed and published in English and French, both language versions thereof shall be equally authoritative.

16. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court constituted by the Parliament of Canada.

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, city court of Ontario, Québec or New Brunswick.

(3) In proceedings in any court in Canada

—in which, in a criminal matter, the court is exercising any Criminal jurisdiction conferred on it by or pursuant to an Act of the Parliament or Canada, or

—in which, in a matter relating to an offence for which an individual charged with that offence is subject to be imprisoned if he or she is convicted thereof. the court is exercising any jurisdiction conferred on it by or pursuant to an Act of the legislature of any province, any individual giving evidence before the court has the right to be heard in English or French, as he or she may choose, and in being so heard, not to be placed at a disadvantage by not being heard, or being unable to be heard, in the other of those languages.

17. Nothing in section 16 shall be held to preclude the application, to or in respect of proceedings in any court described in subsection 16(2), or to or in respect of any proceedings described in subsection 16(3), of such rules for regulating the procedure in any such proceedings, including rules respecting the giving of notice, as may be prescribed by any competent body or authority in that behalf pursuant to law for the effectual execution and working of the provisions of either of those subsections.

18. Nothing in sections 14 to 17 shall be held to abrogate, abridge or derogate from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.

19. (1) Any member of the public in Canada has the right to use English or French, as he or she may choose, in Communicating with the head or central office of any department or agency of the executive government of and over Canada. or of any judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to a law of Canada, wherever that office is located, or in communicating with any other principal office of any such institution where that office is located within an area of Canada in which it is determined, in such manner as may be prescribed or authorized by the Parliament of Canada, that a substantial number of persons within the population use that language.

(2) Any member of the public in any province has the right to use English or French, as he or she may choose, in communicating with any principal office of a department or agency of the executive government of that province, or of a judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to a law of that province, where that office is located within an area of that province in which it is determined, in such manner as may be prescribed or authorized by the legislature of that province, that a substantial number of persons within the population use that language.

20. Nothing in sections 13 to 19 shall be held to limit the right of the Parliament of Canada or the legislature of a province, acting within the authority of each respectively pursuant to law, to provide for more extensive use of both the English and French languages; and nothing in those sections shall be held to derogate from or diminish any right, based on language, that is assured by virtue of section 9 or 10, or to derogate from or diminish any legal or customary right or privilege acquired or enjoyed either before or after the commencement of this Act with respect to any language that is not English or French.

2l. (l) Where the number of children in any area of a province in respect of whom notice has been given as contemplated by this section, warrants the provision of the facilities required to give effect to the right provided for by this section, any parent who is a citizen of Canada resident within that area and whose primarily spoken language is not that of the numerically larger of the groups comprising those persons resident in that province whose primarily spoken languages are either English or French, has the right to have his or her children receive their schooling in the language of basic instruction that is the primarily spoken language of the numerically smaller of those groups, in or by means of facilities that are provided in that area out of public funds and that are suitable and adequate for that purpose.

(2) The exercise by any parent of the right provided for by this section shall be subject to such reasonable requirements respecting the giving of notice by that parent of his or lier intended exercise thereof as may be prescribed by the law of the province in which that parent resides.

(3) Nothing in this section shall be held to limit the authority of the legislature of any province to make such provisions as are reasonable for determining, either generally or in any particular case or classes of cases, whether or not the number of children in any area of that province in respect of whom notice has been given as contemplated by this section, warrants the provision of the facilities required to give effect to the right provided for by this section.

(4) Nothing in this section shall be held to derogate from or diminish any legal or customary right or privilege acquired or enjoyed in any province either before or after the commencement of this Act to have any child receive his or her schooling in the language of basic instruction that is the primarily spoken language of the numerically larger of the groups referred to in subsection (1) within that province, or to limit any authority conferred or obligation imposed either before or after that time by the law of that province to require any child, during any period while that child is receiving his or her schooling in any language of basic instruction that is not that primarily spoken language, to be given instruction in the use of that primarily spoken language as part of his or her schooling in that province.

(5) The expression “parent” in this section includes a person standing in the place of a parent.

22. In furtherance of

—the appreciation by Canadians that the preservation of both English and French as the principal spoken languages of principal Canadians is vital to the prospering of the Canadian federation within the larger North American society, and

—the resolve of Canadians that none of the institutions of government of the Canadian federation, acting within the legislative authority of each individually pursuant to law. should act in such a manner as to affect adversely the preservation of either English or French as the language spoken or otherwise enjoyed by any group of individuals constituting an identifiable and substantial linguistic community in any area of Canada within its jurisdiction, it is hereby proclaimed that no law made by any such institution after this Charter extends to matters within its legislative authority shall apply or have effect so as to affect adversely the preservation of either English or French as the language spoken or otherwise enjoyed by any, such group of individuals.

(g) Generally Applicable Provisions

23. To the end that full effect may be given to the individual rights and freedoms declared by this Charter, it is hereby further proclaimed that, in Canada, no law shall apply or have effect so as to abrogate, abridge or derogate from any such right or freedom.

24. Where no other remedy is available or provided for by law, any individual may, in accordance with the applicable procedure of any court in Canada of competent jurisdiction, request the court to define or enforce any of the individual rights and freedoms declared by this Charter, as they extend or apply to him or lier, by means of a declaration of the court or by means of an injunction or similar relief, accordingly as the circumstances require.

25. Nothing in this Charter shall be held to prevent such limitations on the exercise or enjoyment of any of the individual rights and freedoms declared by this Charter as arc justifiable in a free and democratic society in the interests of public safety or health, the interests of the peace and security of the public, or the interests of the rights and freedoms of others, whether such limitations arc imposed by law or by virtue of the construction or application of any law.

26. Nothing in this Charter shall be held to abrogate, abridge or derogate from any right or freedom not declared by it that may have existed in Canada at the commencement of this Act, including. without limiting the generality of the foregoing, any right or freedom that may have been acquired by any of the native peoples of Canada by virtue of the Royal Proclamation of October 7, 1763.

27. For greater certainty for the purposes of this Charter, the individual rights and freedoms declared by this Charter are those assured by or by virtue of sections 6 to 10, 14, 16, 19 and 21.

28. A reference in any of sections 10 to 22 to a province or to the legislative assembly or legislature of a province shall be construed as including a reference to the Yukon Territory or the Northwest Territories or to the Council or Commissioner in Council thereof, as the case may be.

29. Nothing in this Charter shall be held to confer any legislative authority on any competent body or authority in that behalf in Canada, except as expressly contemplated by this Charter.

IV ELEMENTS AND COMPOSITION OF THE CANADIAN FEDERATION

30. The sovereign head of Canada is Her Majesty the Queen, who shall be styled the Queen of Canada and whose sovereignty as such shall pass to her heirs and successors in accordance with law.

*31. The Canadian federation under the name of Canada declared and affirmed to be continued by this Act shall be composed of

(a) the federal authority in and for Canada, which shall consist of and be constituted by the Parliament of Canada and the executive government of and over Canada. as hereinafter provided;

(b) the authorities of the political divisions styled provinces by this Act and known respectively as Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia. Prince Edward Island, Saskatchewan, Alberta and Newfound- land, each being a constituent element of the Canadian federation, constituted as provided in this Act and by its constitution; and

32. The territorial limits of Canada shall include, in addition to the provinces and territories described in paragraphs 31(b) and (c), all other territory for the time being forming part of Canada but not included in any province or territory described in either of those paragraphs.

*33. The territorial limits of each of the provinces and territories described in paragraphs 31(b) and (c) shall remain as they were at the commencement of this Act, unless and until they arc altered in accordance with the provisions of this Act.

34. (l) The flag of Canada shall be the red and white unifoliate, as heretofore established by law.

(2) The national anthem of Canada shall be “O Canada”, and the royal anthem of Canada shall be “God Save the Queen”.

(3) The motto of Canada shall be “A mari usque ad mare”.

(4) The law of the federal authority in and for Canada may amplify or modify this Act with respect to any of the matters provided for in this section.

*35. The Constitution of Canada shall be the supreme law of the Canadian federation, and all of the institutions of the Canadian federation shall be governed by it and by the conventions, customs and usages hallowed by it, as shall all of the people of Canada.

*36. The administration and enforcement of the laws of the federal authority in and for Canada shall rest with that authority, and the administration and enforcement of the laws of each province or territory of Canada shall rest with it, except as otherwise provided by or pursuant to the Constitution of Canada or by any agreement or arrangement not inconsistent therewith.

V ANCILLARY PROVISIONS RESPECTING PROVINCES AND TERRITORIES

(a) Alteration of Limits of Provinces

*37. The Parliament of Canada may from time to time, after consultation among the First Ministers of the Canadian federation at a meeting duly constituted for that purpose, and with the express consent of the legislature of any province affected thereby, increase, diminish or otherwise alter the territorial limits of any such province upon such terms as may be agreed to by that legislature, and may, after the like consultation and with the like consent, make provision respecting the effect and operation of any such increase, diminution or other alteration of territorial limits in relation to any province affected thereby.

(b) Laws for Territories

*38. The Parliament of Canada may from time to time make provision for the administration, peace, order and good government of any territory for the time being not included in any province. and for the increase, diminution or other alteration of its territorial limits.

(e) New Provinces

*39. The Parliament of Canada may from time to time, after consultation among the First Ministers of the Canadian federation at a meeting duly constituted for that purpose, establish a new province in any territory for the time being forming part of Canada but not included in any other province, and may, at the time of such establishment, make provision for the constitution and administration of that province as a constituent element of the Canadian federation, for the passing of laws for its peace, order and good government and for its due representation in the Parliament of Canada.

*40. Except as provided in section 37 and in accordance with the procedure for the amendment of the Constitution of Canada, it shall not be competent for the Parliament of Canada to alter the provisions of any Act establishing a new province.

(d) Census of Population of Provinces and Territories

41. in the general census of the population of Canada, which is hereby required to be taken in the year 1981 and in every tenth year thereafter, the respective populations of the provinces and territories shall be distinguished.

VI THE FEDERAL AUTHORITY IN AND FOR CANADA

(a) The Governor General of Canada

42. There shall be an officer for Canada styled the Governor General of Canada, who shall be appointed by the Queen by letters patent under the Great Seal of Canada on the advice of the Council of State of Canada, and who shall represent the Queen in Canada and exercise for her the prerogatives, functions and authority belonging to her in respect of Canada by the Constitution of Canada or otherwise pursuant to law.

43. The executive government of and over Canada shall be vested in the Governor General of Canada, on behalf and in the name of the Queen.

44. The Governor General of Canada shall have precedence as the First Canadian. and the office of the Governor General shall stand above and apart from any other public office in Canada.

45. (l) The tenure of office of the Governor General of Canada shall be at the pleasure of the Queen, expressed by her on the advice of the Council of State of Canada, but unless so expressed the Governor General shall hold office for a period of five years from the time of his or her appointment, subject to his or her re-appointment to such office for a further period not exceeding three years.

(2) Appointments to the office of Governor General of Canada shall be made from among those citizens of Canada having the stature in Canada adjudged to be suitable to that office.

(3) Tire salary, allowances and pension of the Governor General of Canada shall be fixed and provided by the Parliament of Canada.

46. All powers, authorities and functions vested in and exercisable by the Governor General of Canada, with the advice or with the advice and consent of or in conjunction with the Queen‘s Privy Council for Canada, or any member thereof, or by the Governor General individually, as the case may be, immediately before the commencement of this Act, continue to be vested in and exercisable by the Governor General, on the advice of or by and with the advice of the Council of State of Canada, or any member thereof, or by the Governor General individually, as the case requires, subject to this Act and subject to be abolished or altered by the Parliament of Canada or otherwise under the authority of the Constitution of Canada.

47. The command-in-chief of the Canadian Forces is hereby declared to be vested in the Governor General of Canada.

48. (1) The Governor General of Canada is authorized and empowered to appoint from time to time any person or persons,

(2) For greater certainty, nothing in this Act respecting the Governor General of Canada or the office of Governor General shall be construed as precluding the Queen, on the advice of the Council of State of Canada, from exercising while in Canada any of the powers, authorities or functions of the Governor General under this Act; and it shall be lawful for the Queen, by letters patent under the Great Seal of Canada on the advice of the Council of State of Canada, to make such further provision, not inconsistent with this Act, respecting the office of or the powers, authorities or functions of the Governor General in relation to any matter or matters not expressly provided for by this Act as the Queen, on such advice, deems desirable, including provision for the appointment of and respecting the office of an Administrator to carry on the executive government of and over Canada during the absence or incapacity of the Governor General or during the period while any vacancy in the office of Governor General remains unfilled.

(3) The provisions of this Act referring to the Governor General of Canada extend and apply to the Administrator for the time being carrying on the executive government of and over Canada, by whatever title that person may be designated.

(b) Executive Authority

(i) The Council of State of Canada

49. (l) There shall be a council to be styled the Council of State of Canada, in whose name aid and advice in the government of Canada shall be given, and the persons who are to be members of that Council shall be chosen and summoned from time to time by the Governor General of Canada and sworn in as Councillors of State, and members thereof may be removed from time to time by the Governor General.

(2) Without limiting the generality of subsection (1), the persons chosen and summoned from time to time to be members of the Council of State of Canada and to be sworn in as Councillors of State shall include, if they are not already members thereof. the person holding the recognized office of Prime Minister of Canada and each other person who on the advice of the Prime Minister is to be chosen and summoned by the Governor General of Canada to be appointed as or to be a Minister of the Crown, and to be a member of the administration for the time being of Canada.

50. The provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General of Canada acting by and with the advice of the Council of State of Canada.

(ii) The Cabinet

5l. There shall be a committee of the Council of State of Canada known as the Cabinet, consisting of the person holding the recognized office of Prime Minister of Canada and such other members of the Council of State as are Ministers of the Crown and members of the administration for the time being of Canada.

52. The Cabinet as a committee of the Council of State of Canada may act for, and may exercise and perform the powers, duties and functions of, the Council of State, other than on and for occasions of ceremony of state when all of the members of the Council of State are summoned together by the Governor General of Canada.

53. (l) The Cabinet has the management and direction of the government of Canada and is responsible to the House of Commons of Canada for its management and direction thereof.

(2) in the event that the Cabinet is unable to command the confidence of the House of Commons in its management and direction of the government of Canada, the Prime Minister shall forthwith so inform the Governor General of Canada and.as soon as possible thereafter tender to the Governor General his or her advice on

(a) whether Parliament should on that account be dissolved to permit the holding of a general election of members of the House of Commons, or

(b) if the dissolution of Parliament on that account is not advised by the Prime Minister or is refused by the Governor General, whether the Prime Minister should be invited to form another administration, or whether the resignation of the Prime Minister and of the other members of the Cabinet should be accepted to permit some person other than himself or herself to be called upon by the Governor General to form the administration for the time being of Canada.

(3) In the event of any dispute arising as to whether the Cabinet commands or is unable to command the confidence of the House of Commons in its management and direction of the government of Canada, the matter shall bc decided by the House of Commons, whose decision thereon shall be conclusive.

54. The qualifications of persons to be members of the Cabinet and their continuation as such members shall, subject to this Act and except as otherwise regulated by law, be governed by accepted usage, except that no person is eligible to be a member of the Cabinet unless he or she is a member of one of the Houses of the Parliament of Canada or is qualified to be a candidate for election to the House of Commons of Canada.

(iii) Seat of Government of Canada

55. The seat of government of Canada shall be Ottawa.

(i) General

56. There shall be one Parliament for Canada, consisting of theGovernor General of Canada, an upper house styled the House of the Federation, and the House of Commons.

57. The Governor General of Canada shall from time to time. by instrument under the Great Seal of Canada, summon and call together the Houses of the Parliament of Canada to meet in Parliament assembled.

58. The privileges, immunities and powers to be held, enjoyed and exercised by each of the Houses of Parliament and the members thereof respectively shall be such as are from time to time defined by Act of the Parliament of Canada.

59. (l) Subject to this Act, each House of Parliament shall decide its own rules and those applicable to its respective committees, and shall provide for their administration and enforcement,

(2) The deliberations of each House of Parliament shall be open to the public unless a decision is made in the case of any particular deliberations thereof that they shall be held in closed session.

(3) Subject to this Act. the records and journals of each House of Parliament shall be made available to the public in such form and mariner as each House may decide, except such particular parts of its records and journals as it decides should be kept secret.

60. Where a member of the Cabinet who is a member of one of the Houses of Parliament has been requested or invited, by or with the concurrence of the Speaker of the other House, to participate in the deliberations of the other House on a particular occasion or on occasions of a particular kind, he or she may accordingly rise in and address the other House, answer questions therein or take part in any debate therein. subject to and in accordance with the rules of that House, but is not entitled to vote on any matter in that House.

6l. No person is eligible to be a member of either of the Houses of Parliament unless he or she is a citizen of Canada.

(ii) The House of the Federation

62. The House of the Federation shall consist of 118 members, who shall be selected as hereinafter provided in accordance with the following provincial and territorial distribution of its members:

—from the Atlantic provinces, 32 members, of whom l0 shall be selected from Nova Scotia, l0 from New Brunswick, from Prince Edward Island. and 8 from Newfoundland;

—from Quebec, 24 members;

—from Ontario. 24 members;

—from the Western provinces, 36 members, of whom 8 shall be selected from Manitoba, 10 from British Columbia, 8 from Saskatchewan and 10 from Alberta; with one member being selected from the Yukon Territory and one from the Northwest Territories.

63. (l) Of the total number of members of the House of the Federation to be selected from any province,

(a) one-half shall be selected by the House of Commons within the first thirty sitting days of the House of Commons next following each general election of members of that House, and

(b) one-hall shall be selected by the legislative assembly of that province within the first thirty sitting days of the legislative assembly next following each General election of members of that assembly. and the members of the House of the Federation from the Yukon Territory and the Northwest Territories shall be selected by the Governor General in Council not later than the end of the first thirty sitting days of the councils, respectively, of those territories next following the day fixed by proclamation pursuant to subsection (2) and thereafter next following each general election of members thereof.

(2) The first selection of members of the House of the Federation made by the House of Commons shall be made within the first sixty sitting days of the House of Commons next following such day, being a day not later than six months alter the commencement of this Act, as is fixed by proclamation Canada of the Governor General of Canada on the advice of the Council of State of Canada the making of that selection, and the first selection of such members made by the legislative assembly of any province shall be premiers made within the first sixty sitting days of that legislative assembly next following that day, but al any time alter that day, the Governor General in Council may name a number of persons equal to the number of members to be selected by the House of Commons at the first such selection to be made by it, and the Lieutenant Governor in Council of any province may mime a number of persons equal to the number of members to be selected by the legislative assembly of that province at the first such selection to be made by it, to be members oF the House of the Federation until the times, respectively, when those first selections are made.

(3) In the event that one-hall of the total number of members of the House of the Federation to be selected from any particular province is not selected by either the House of Commons or the legislative assembly of that province, as the case may be, within the time prescribed therefor by subsection (l) or (2), the other of those bodies may proceed forthwith to select a number of members from that province sufficient to make up that one-half.

(4) Every person named under subsection (2) or selected under subsection (3) to be a be deemed for all purposes to have been selected thereto in accordance with this section, by the body by which he or she was required by subsection (l) to bc selected and within the time prescribed therefor by that subsection.

(5) Every member of the House of the Federation selected thereto in accordance with this section shall continue to be a member of that House, subject to any disqualification provided For or prescribed pursuant to section 65, until the next following selection of members of that House to be made as provided in subsection (l) by the body by which that member was required by subsection (l) to be selected has been completed, or until the time prescribed by that subsection for the making of that selection has elapsed without that selection having been made. as the case may be, but any member of the House of the Federation may resign his or her place therein by notice in writing to the Speaker of that House and to the Speaker or other presiding officer of the body by which he or she was required by subsection (l) to be selected, and any vacancy occurring in the membership of that House, whether by resignation or otherwise, shall be filled by selection by the appropriate body therefor as soon as reasonably may be after the occurrence of the vacancy and in default of such selection by that body within a reasonable time thereafter, by any other body by which, if subsection (3) were applicable in the circumstances of that vacancy, the selection could have been made.

64. (l) No person is eligible to be selected to be a member of the House of the Federation from any province

(a) if that person is a member of the House of Commons or of the legislative assembly of that province;

(b) unless that person has been ordinarily resident within that province for an aggregate period of at least live years during the ten years immediately preceding the making of such selection; and

(i) in the case of any such selection to be made by the House of Commons, by the Governor General in Council, following consultation on his or her nomination among the leaders in the House of Commons of each of the recognized political parties represented in that House, and

(ii) in the case of any such selection to be made by the legislative assembly of that province, by the Lieutenant Governor in Council of that province, following consultation on his or her nomination among the leaders in the legislative political parties represented therein; and no person is eligible to be selected to be a member of the House of the Federation from any territory of Canada unless he or territory for an aggregate period of at least five years during the ten years immediately preceding the making of such selection, and except following consultation on his or her selection by the Commissioner of that territory with each of the members of the council thereof.

(2) The selection at any particular time, by the appropriate body for that purpose, of any member or members of the House of the Federation from any province shall be made on the basis of a nomination list, which shall be presented to and acted upon by that body in such manner as may be prescribed or authorized by the law of the applicable juris- diction in the case of that body, or otherwise in accordance with the rules of that body. but the nomination of persons for selection on the basis of any such nomination list, and the selection of any person or persons from among those nominated whose names are listed therein, shall be so conducted as to ensure, to the greatest extent possible, that the ultimately resulting membership within the House of the Federation of its members selected from that province, including those who are to be selected at that time, fairly reflects,

(a) in the case of those members from that province who are to be selected by the House of Commons. the political preferences of the electors of that province voting on the occasion of the most recent general election of members of that House, and

(b) in the case of those members from that province who are to be selected by the legislative assembly of that province, the political preferences of the electors of that province voting on the occasion of the most recent general election of members of the legislative assembly,

expressed in each case respectively in accordance with the shares in which the total number of votes cast by the electors of that province on that occasion for candidates of declared party affiliations were cast for candidates of each such affiliation respectively.

(3) For the purposes of subsection (l), a person shall be considered to have been ordinarily resident within any province or territory during any particular period, if he or she resided at or in the vicinity of the seat of the government of Canada during that period while a member of one of the Houses of the Parliament of Canada selected from or elected or appointed for that province or territory.

65. (l) Subject to this Act, the Parliament of Canada may provide for or prescribe the qualifications and disqualifications of persons to be selected or to sit or vote as members of the House of the Federation, the oaths to be made or subscribed by such members, the election of a Speaker of the House of the Federation originally and on any vacancy, the powers and duties of the Speaker, the selection of and the powers and duties of deputies of the Speaker, and the quorum of and mode of voting in the House of the Federation, except that any such l5 provision made for the election of a Speaker of that House originally or on any vacancy shall be subject to the requirement that the Speaker shall be elected from among either the ranks of its members selected by the House of Commons or the ranks of its members selected by other appropriate bodies for that purpose and, after the first election of a Speaker, from among its members not within the ranks of those of the immediately preceding incumbent of that office.

(2) Subject to this Act, the Parliament of Canada may prescribe rules for determining, in any case of doubt, the number, if any, of members of the House of the Federation of any declared party affiliation that shall, for the purposes of subsection 64(2), be considered to be the number that most closely reflects the political preferences of the electors voting on the occasion of any election, and any rules so prescribed for that purpose shall apply equally to any selection of members of that House that is to be made by the House of Commons, as to any such selection to be made by the legislative assembly of any province.

66. Bills proposed to Parliament, other than Bills for appropriating any part of the public revenue or for imposing any tax or impost, may originate in the House of the Federation equally as in the House of Commons.

67. Where any Bill that has been passed by the House of Commons and presented to the House of the Federation

(a) has been refused passage by the House of the Federation or has been refused consideration at any particular stage required for its passage by the House of the Federation, and not less than sixty days nor more than one hundred and twenty days have elapsed since such refusal, without any motion to reintroduce the Bill in an amended form in the House of Commons having been agreed to by that House.

(b) has not been finally dealt with by the House of the Federation, and not less than sixty days nor more than one hundred and eighty days have elapsed, of which at least forty-five days were days during which Parliament was sitting in the session in which the Bill was presented to the house of the Federation, since the fay the Bill was presented to it, or

(c) has been amended but he House of the Federation, and not less than sixty days nor more than one hundred and eighty days have elapsed, of which at least forty-five days were days during which Parliament was sitting in the session in which the Bill was presented to the House of the Federation, since the day the House of Commons refused to concur in some or all of the amendments made the House of the Federation following the return of the Bill to the House of Commons for its concurrence therein, and without any compromise on the amendment or amendments so refused concurrence having been agreed upon in consultations between the duly appointed representatives of the two Houses, the Bill, in the form in which it was presented to the House of the Federation, but with such amendments made by the House of the Federation as may have been concurred in by the House of Commons in the case of a Bill to which paragraph (c) applies, may thereupon be presented to the Governor General of Canada or his or her deputy for assent in the name of the Governor General, whether or not Parliament is then sitting, and when so assented to shall have the same force and effect in all respects as if passed in that form by the House of the Federation, but there shall be a notation made in all copies thereof as printed and published, to the effect that it was assented to under the provisions of this section.

68. (1) Where, by the adoption of a motion under this section with respect to any Bill, notice of which motion was given by a Minister of the Crown in the House of Commons at least seven days after the day the Bill was presented to the House of the Federation following its passage by the House of Commons, the House of Commons has agreed, by a vote of at least two-thirds of its members voting on the motion, that

(a) the Bill would not, if it were a law of Canada, have an obvious and significant impact on relations between the federal authority in and for Canada and a provincial authority, or between any of their respective institutions, and

(b) its enactment as a law of Canada is of such urgency that nay additional delay therein that could be occasioned by compliance with the requirements of section 67 respecting that presentation of the Bill for assent pursuant to that section, and any delay therein that there is reason to believe is likely to occur if the motion is not adopted, would be detrimental to the interests of Canada or of the public in any part of Canada.

notwithstanding anything in section 67, the Bill may, at any time following the adoption of the morion but not later than the end of the session of Parliament in which it was adopted, be presented for assent pursuant to section 67 without further compliance with the requirements of that section.

(2) This section does not apply with respect to a Bill that is a measure of, or a measure containing provisions of, special linguistic significance within the meaning of section 69.

69. (1) For the purposes of this section, a resolution, address or Bill (in this section called a “measure”) is a measure of special linguistic significance if in its substance it is a measure in relation to the status or use of the English and French languages or either of them, or a measure in relation to a right or privilege acquired or enjoyed or proposed to be acquired and enjoyed with respect to either of those languages, and any provisions contained in a measure are provisions of special linguistic significance if in their substance they are provisions in relation to any matter described in this subsection.

(2) No measure of special linguistic significance shall be adopted or passed by the House of the Federation except by a vote of both

(a) a majority of its English-speaking members voting thereon, and

(b) a majority of its French-speaking members voting thereon.

(3) No provisions of special linguistic significance contained in any measure being considered by the House of the Federation or any committee thereof shall be approved by the House of the Federation or by any such committee, as the case may be, at any particular stage of the consideration of that measure before the final stage required for its adoption or passage by the House of the Federation, except by a vote of both

(a) a majority of the English-speaking members of that House or committee, as the case may be, voting thereon, and

(b) a majority of the French-speaking members of that House or committee, as the case may be, voting therein.

(4) Where a measure containing provisions of special linguistic significance is to be considered at any particular stage by a committee of the House of the Federation, other than of the whole House, the committee to consider the measure shall be so established, in the absence of special circumstances rendering it impracticable so to do, as to reflect in its membership nom smaller proportion of French-speaking members to English-speaking members thereof than the proportion of French-speaking members to English-speaking members of the House of the Federation.

(5) Where any provisions of special linguistic significance have been approved as provided in subsection (3) at any particular stage in the consideration of the measure in which they are contained, it shall not be open to the House of the Federation at the final stage required for the adoption or passage of that measure, notwithstanding that that House may refuse to adopt or pass the measure at that stage, to amend or otherwise alter those provisions except by the members of that House voting thereon as on a measure of special linguistic significance.

(6) Any annual or other report that is required by law to be laid before Parliament, to the extent that it relates to any matter described in subsection (1), shall stand referred to the House of the Federation for examination and for such report thereon as that House sees fit.

(7) Notwithstanding anything in section 67, where during any period of time limited by that section a Bill that has been passed by the House of Commons and presented to the House of the Federation in any session of Parliament might otherwise be presented for assent pursuant to section 67 in such form as is specified in that section, if that Bill is a measure of, or a measure containing provisions of, special linguistic significance it shall not be presented for assent pursuant to that section during that period, but if after the expiration of that period, in that or the next following session of Parliament, that Bill or a Bill in the same form except for minor changes not affecting its substances is again presented to the House of Commons and subsequently passed by that House by a vote of at least two-thirds of its members voting thereon, such Bill may thereupon be presented for assent pursuant to section 67 without further compliance with requirements of that section.

(8) For the purposes of this section a member of the House of the Federation shall be considered to be a French-speaking member thereof if his or her primarily spoken language, of the language first learned in childhood and still understood by him or her, is French, and such member has notified the Speaker of the House of the Federation in writing, not later than the end of the first thirty sitting days of that House next following his or her selection as a member thereof, that he or she considers himself or herself to be a French-speaking member thereof, and a member of that House shall bc considered to bc an English- speaking member thereof unless. in accordance with this subsection, he or she is considered to be a french-speaking member thereof, or unless such member has notified the Speaker thereof in writing, not later than the end of the thirty days herein referred to, that he or she does not consider himself or herself to be an English-speaking member thereof; in the event of any dispute arising as to whether a member of the House of the Federation is or is not to bc considered to be a French-speaking member or an English- speaking member of that House, the matter shall be decided by the Speaker of that House, whose decision thereon shall be conclusive.

(9) The following measures shall be conclusively deemed to be measures of, or containing provisions of, special linguistic significance:

(a) any measure that is indicated, in the message of the Governor General of Canada recommending its purpose to the House of Commons, to be such a measure or to contain such provisions;

(b) any measure that has been adopted or passed by the House of Commons and. before the day of its presentation to the House of the Federation. has been certified by the Speaker of the House of Commons or a duly authorized deputy of such Speaker, or that not later than the third sitting day of the House of the Federation next following the day of its introduction in or presentation to the House of the Federation, is certified by the Speaker of the House of the Federation or a duly authorized deputy of such Speaker, to be such a measure or to contain such provisions: and

(c) any other measure that, following a request for a determination of the matter made by any fifteen or more members of the House of the Federation in accordance with the rules of that House not later than the seventh sitting day of that House next following the day of the introduction in or presentation to that House of that measure, is determined by the Speaker of the House of the Federation to be-such a measure or to contain such provisions: and it shall be for determination in such manner as may be prescribed by the rules of the House of the Federation, whether any measure not coming within any description thereof contained in paragraph (a), (b) or (c) shall be considered to be a measure of, or containing provisions of, spécial linguistic significance.

70. (1) No appointment of a person to be the chairman, president or other chief executive officer of any judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to an Act of the Parliament of Canada (other than a court constituted for the better administration of the laws of Canada) that has been designated by the Parliament of Canada to be an institution to which this section applies, shall have effect until such time as the appointment of that person has been affirmed by the House of the Federation.

(2) Nothing in this section affects the operation of the provisions of section 107 respecting the affirmation by the House of the Federation of nominations for appointment to the Supreme Court of Canada, and the provisions of that section apply to and in respect of the affirmation of appointments pursuant to this section, with such modifications as the circumstances require and with the substitution of the President of the Council of State of Canada for the Attorney General of Canada and the substitution of thirty days for fourteen days and of forty-five days for twenty-one days.

(iii) The House of Commons

71. Subject to this Act, the House of Commons shall consist of 282 members, of whom 95 shall be elected for Ontario, 75 for Quebec, l1 for Nova Scotia, l0 for New Brunswick, l4 for Manitoba, 28 for British Columbia, 4 for Prince Edward Island, l4 for Saskatchewan, 21 for Alberta, 7 for Newfoundland, l for the Yukon Territory and 2 for the Northwest Territories.

72. On the completion of the decennial census required by this Act to bc taken in the year 1981 and on the completion of each decennial census taken thereafter, the number of members of the House of Com- mons and the representation of the provinces therein shall be readjusted by such authority, in such manner and from such time as the Parliament of Canada provides, subject and according to the following rules, and with the Yukon Territory being entitled to one member thereof and the Northwest Territories being entitled to two members thereof:

l. There shall be assigned to Quebec 79 members in the readjustment following the completion of the decennial census taken in the year 1981 and thereafter 4 additional members in each subsequent readjustment.

2. Subject to Rules 5(2) and (3), there shall be assigned to a large province a number of members equal to the number obtained by dividing the population of the large province by the electoral quotient of Quebec.

3, Subject to Rules 5(2) and (3), there shall be assigned to a small province a number of members equal to the number obtained by dividing

(a) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces (other than Québec) having populations of less than one and a half million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census; and

(b) the population of the small province by the quotient obtained under paragraph (a).

4. Subject to Rules 5(l)(a), (2) and (3), there shall be assigned to an inter- mediate province a number of members equal to the number obtained

(a) by dividing the sum of the populations of the provinces (other than Quebec) having populations of less than one and a half million by the sum of the number of members assigned to those provinces under any of Rules 3, 5(l)(b), (2) and (3):

(b) by dividing the population of the intermediate province by the quotient obtained under paragraph (a); and

(c) by adding to the number of members assigned to the intermediate province in the readjustment following the completion of the penultimate decennial census one-hall of the difference resulting from the subtraction of that number from the quotient obtained under paragraph (b).

5. (l) On any readjustment,

(a) if no province (other than Quebec) has a population of less than one and a half million, Rule 4 shall not be applied and, subject to Rules 5(2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained by dividing

(i) the sum of the populations, deter- mined according to the results of the penultimate decennial census, of the provinces (other than Quebec) having populations of not less than one and a half million and not more than two and a hall million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census, and

(ii) the population of the intermediate province by the quotient obtained under subparagraph (i);

(b) if a province (other than Quebec) having a population of

(i) less than one and a half million, or,

(ii) not less than one and a hall million and not more than two and a half million

does not have a population greater than its population determined according to the results of the penultimate decennial census, it shall, subject to Rules 5(2) and (3), be assigned the number of members assigned to it in the readjustment following the completion of that census.

(2) On any readjustment,

(a) if, under any of Rules 2 to 5(l), the number of members to be assigned to a province (in this paragraph referred to as “the first province”) is smaller than the number of members to be assigned to any other province not having a population greater than that of the first province, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the largest number of members to be assigned to any other province not having a population greater than that of the first province;

(b) if, under any of Rules 2 to 5(1)(a), the number of members to be assigned to a province is smaller than the number of members assigned to it in the readjustment following the completion of the penultimate decennial census, those Rules shall not bc applied to it and it shall be assigned the latter number of members;

(c) if both paragraphs (a) and (b) apply to a province, it shall bc assigned a number of members equal to the greater of the numbers produced under those paragraphs.

(3) On any readjustment,

(a) if the electoral quotient of a province (in this paragraph referred to as “the first province”) obtained by dividing its population by the number of members to be assigned to it under any of Rules 2 to 5(2) is greater than the electoral quotient of Quebec, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the number obtained by dividing its population by the electoral quotient of Québec;

(b) if, as a result of the application of Rule 6(2)(a), the number of members assigned to a province under paragraph (a) equals the number of members to be assigned to it under any of Rules 2 to 5(2), it shall be assigned that number of members and paragraph (a) shall cease to apply to that province.

6. (l) In these Rules,

“electoral quotient” means, in respect of a province, the quotient obtained by dividing its population, determined according to the results of the then most recent decennial census, by the number of members to be assigned to it under any of Rules l to 5(3) in the readjustment following the completion of that census;

“intermediate province” means a province (other than Québec) having a population greater than its population determined according to the results of the penultimate decennial census but not more than two and a half million and not less than one and a half million;

“large province” means a province (Other than Quebec) having a population greater than two and a half million;

“penultimate decennial census” means the decennial census that preceded the then most recent decennial census;

“population” means except where otherwise specified, the population determined according to the results of the then most recent decennial census;

“small province” means a province (other than Québec) having a population

greater than its population determined according to the results of the penultimate decennial census and less than one and a half million.

(2) For the purposes of these Rules,

(a) if any fraction loss than one remains upon completion of the final calculation that produces the number of members to be assigned to a province, that number of members shall equal the number so produced disregarding the fraction;

(b) if more than one readjustment follows the completion of a decennial census, the most recent of those readjustments shall, upon taking effect, be deemed to be the only readjustment following the completion of that census;

73. Notwithstanding anything in this Act. a province shall always be represented in the House of Commons by a‘ number of members not less than the number of members of the House of the Federation representing that province.

74. The total number of members of the House of Commons may be from time to time increased or decreased by the Parliament of Canada, but so that, as nearly as reasonably may be, the proportionate representation of the provinces therein that is prescribed by this Act is not thereby disturbed.

75. Until the Parliament of Canada other- wise provides, all laws in force in Canada with respect to the election of members to the House of Commons including controverted elections and proceedings with respect thereto, the qualifications and disqualifications of persons to be elected or to sit or vote as members thereof, the oaths to be made or subscribed by such members, the election of a Speaker of the House of Commons originally and on any vacancy, the powers and duties of the Speaker, the selection of and the powers and duties of deputies of the Speaker, and the quorum of and mode of voting in the House of Commons shall continue in force after the commencement of this Act; and in all other respects, subject to this Act, the constitution of the House of Commons shall continue as it was at the commencement of this Act until altered by the Parliament of Canada under the authority of the Constitution of Canada.

76. Bills proposed to Parliament for appropriating any part of the public revenue. or for imposing any tax or impost, shall originate in the House of Commons.

77. It shall not be lawful for the House of Commons to adopt or pass any vote, resolution address or Bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House of Commons by message of the Governor General of Canada in the session in which that vote, resolution, address or Bill is proposed.

78. The right of the House of Commons to refuse to adopt or pass any vote, resolution, address or Bill for the appropriation of any part of the public revenue, or of any tax or impost, is a fundamental principle of the Constitution of Canada,

VII PROVINCIAL AUTHORITIES

(a) The Lieutenant Governor

*79. For such province, there shall be an officer who shall be styled the Lieutenant Governor of the province.

*80. (l) Each Lieutenant Governor of a province shall be appointed by the Governor General in Council by instrument under the Great Seal of Canada, following consultation on his or her appointment with the executive Council of that province.

*(2) Each lieutenant Governor of a province shall hold office during the pleasure of the Governor General, but shall not be removable from that office within five years from his or her appointment except for cause assigned, which shall be communicated to him or her within thirty days alter the order for his or lier removal is made, and shall be communicated by message to both Houses of the Parliament of Canada and to the executive council of that province forthwith thereafter.

*81. The salaries and pensions of the Lieu- tenant Governors shall be fixed and provided by the Parliament of Canada.

*82. Every Lieutenant Governor of a province shall, before assuming the duties of his or her office, make and subscribe before a person authorized by law to receive the same, oaths of allegiance and office similar to those taken by the Governor General.

*83. All powers, authorities and functions vested in or exercisable by the Lieutenant Governor of a province, with the advice or with the advice and consent of or in conjunction with the executive council of the province, or any member thereof, or by the Lieutenant Governor individually, as the case may be, immediately before the coming into effect of this section, continue to be vested in or exercisable by the Lieutenant Governor, on the advice or by and with the advice of the executive council, or any member there- of, or by the Lieutenant Governor individually, as the case requires, subject to be abolished or altered by the legislature of the province except as regards any such power, authority or function conferred or provided for by this Act or otherwise by the Constitution of Canada.

*84. (l) The Lieutenant Governor of a province is authorized and empowered to appoint from time to time any person or persons. jointly or severally, to be his or her deputy or deputies within any part of the province, and in that capacity to exercise during the pleasure of the Lieutenant Governor such of the powers, authorities and functions of the Lieutenant Governor as the Lieutenant Governor deems it necessary or expedient to assign to such deputy or deputies but the appointment of such a deputy or deputies shall not affect the exercise by the Lieutenant Governor personally of any such power, authority or function.

*(2) It shall be lawful for the Governor General in Council, at the request of the executive council of a province, to make provision for the appointment of and respecting the office of an administrator to carry on the executive government of the province during the absence or incapacity of the Lieutenant Governor of the province or during the period while any vacancy in the office of Lieutenant Governor thereof remains unfilled.

*(3) The provisions of this Act referring to the Lieutenant Governor of a province relatives extend and apply to the administrator for the time being carrying on the executive government of the province, by whatever title he or, site may be designated.

(b) The Executive Council

*85. In Each province subject as otherwise provided by the constitution of the province, there shall bc an executive Council thereof, by whatever name the executive council may be styled, to aid and advise in the government of the province, and the persons who are to bc members of the executive council shall be chosen and summoned from time to time by the Lieutenant Governor of the province and sworn as executive councillors, and members thereof may be removed from time to time by the Lieu Governor.

*86. The provisions of this Act referring to the Lieutenant Governor in Council of a coma, province shall be construed as referring to the Lieutenant Governor of the province acting by and with the advice of the executive council of the province.

*87. Until the legislature of any province otherwise directs with respect to that province, the seats of government of the provinces shall be us follows: of Ontario, the City of de Toronto; Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; of New Brunswick, the City of Fredericton; of Saskatchewan, the City of Regina; of Alberta, the City of Edmonton; and of Newfoundland, the City of St. Johns.

(d) Provincial Legislative Authority

*88. There shall be a legislature for each province consisting of the Lieutenant Governor of the province and the legislative assembly thereof, by whatever name the legislative assembly may be styled.

*89. The Lieutenant Governor of each province shall from time to time, by instrument under the Great Seal of the province, summon and call together in the Queen‘s name the legislative assembly of the province to meet in the legislature thereof.

*90. Until the legislature of any province otherwise provides, all laws in force in each province with respect to the election of members to the legislative assembly including controverted elections and proceedings with respect thereto, the qualifications and disqualifications of persons to be elected or to sit or vote as members thereof, the oaths to be made or subscribed by such members, the election of a Speaker of the legislative assembly originally and on any vacancy, the powers and duties of the Speaker, the selection of and the powers and duties of deputies of the Speaker, the quorum of and mode of voting in the legislative assembly, appropriation and tax Bills and the recommending of money votes shall continue in force after the coming into effect of this section; and in all other respects, subject to this Act, the constitution of the legislative assembly shall continue as it was at the coming into effect of this section until altered by the legislature under the authority of the Constitution of Canada.

VIII DISTRIBUTION OF LEGISLATIVE POWERS

(a) Powers of the Parliament

*91. It shall be lawful for the Governor General of Canada, by and with the advice and consent of the House of the Federation and the House of Commons of Canada in Parliament assembled, to make laws for the peace, order and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the legislatures of the provinces; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that (notwithstanding anything in this Act) the exclusive legislative authority of thee Parliament of Canada extends to all matters within the classes of subjects next hereinafter enumerated, that is to say:

l. The amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Act assigned exclusively to the legislatures of the provinces, or as regards rights or privileges granted or secured by the Constitution of Canada to the legislature or the government of a province or to any class of persons with respect to schools or as regards the use of the English or the French language, or as regards the principles with respect to elections to legislative bodies declared by section 10 to be fundamental principles of the Constitution of Canada and the respecting legislative bodies and legislatures set out in sections 11 and 12.

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 ol marine hospitals.

12. Sea coast and inland fisheries.

13. Ferries between a province and any British or foreign country or be- tween two provinces.

14. Currency and coinage.

15. Banking, incorporation of banks, and the issue of paper money.

16. Savings banks.

17. Weights and measures.

18. Bills of exchange and promissory notes.

19. Interest.

20. Legal tender.

21. Bankruptcy and insolvency.

22. Patents of invention and discovery.

23. Copyrights.

24. Indians, and lands reserved for the Indians.

25. Naturalization and aliens.

26. Marriage and divorce.

27. The criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters.

28. The establishment, maintenance, and management ol penitentiaries.

29. Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Act assigned exclusively to the legislatures of the provinces.

And any matter coming within any of the classes of subjects enumerated in this section shall be deemed not to come within the class of matters of a local or private nature comprised in the enumeration of the classes of subjects by this Act assigned exclusively to the legislatures of the provinces.

(b) Exclusive Powers of Provincial Legislatures

*92. in each province, the legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated, that is to say:

l. The amendment from time to time, notwithstanding anything in this Act, of the constitution of the province except as regards the office of Lieutenant Governor, or as regards the principles with respect to elections to legislative bodies declared by section 10, to be fundamental principles of the Constitution of Canada and the requirements respecting legislative bodies and legislatures set out in sections 11 and 12, as those principles and requirements apply by their terms to the legislative assembly and legislature.

2. Direct taxation within the province in order to the raising of a revenue for provincial purposes.

3. The borrowing of money on the sole credit of the province.

4. The establishment and tenure of provincial offices and the appointment and payment of provincial officers.

5. The management and sale of the public lands belonging to the province and of the timber and wood thereon.

6. The establishment, maintenance, and management of public and reformatory prisons in and for the province.

7. The establishment, maintenance. and management of hospitals, asylums, charities, and eleemosynary institutions in and for the province, other than marine hospitals.

8. Municipal institutions in the province.

9. Shop, saloon, tavern, auctioneer, and other licences in order to the raising of a revenue for provincial, local, or municipal purposes.

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 province with any other or others of the provinces, or extending beyond the limits of the province;

(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 Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the provinces.

11. The incorporation of companies with provincial objects.

12. The solemnization of marriage in the province.

13. Property and civil rights in the province.

14. The administration of justice in the province, including the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts.

15. The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section.

16. Generally all matters of merely local or private nature in the province.

*93. In and for each province, the legislature may exclusively make laws in relation to education, subject and according to

(a) in the case of Ontario, Quebec, Nova Scotia. New Brunswick, British Columbia and Prince Edward Island, the provisions of section 93 of the Act of 1867.

(b) in the case of Manitoba, the provisions of section 22 of the Manitoba Act, 1870,

(c) in the case of Saskatchewan and Alberta, the provisions of section 93 of the Act of 1867 as altered with respect to Saskatchewan by section 17 of The Saskatchewan Act and with respect to Alberta by section 17 of The Alberta Act, and

(d) in the case of Newfoundland, the provisions of Term 17 of the Terms of Union of Newfoundland with Canada, as those provisions applied or extended to and were in Force in and for that province, immediately before the coming into effect of this section

(d) Old Age Pensions

*94. The Parliament of Canada may make laws in relation to old age pensions and supplementary benefits including survivors and disability benefits respective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matter.

*95. In each province the legislature may make laws in relation to agriculture in the province, and to immigration into the province; and it is hereby declared that the Parliament of Canada may from time to time make laws in relation to agriculture in all or any of the provinces, and to immigration into all or any of the provinces; and any law of the legislature of a province relative to agriculture or to immigration shall have effect in and for the province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.

lX REGIONAL DISPARITIES

96. Without limiting or restricting the generality of the statement of aims of the Canadian federation set forth in section 4 of this Act and without altering the legislative authority of the Parliament of Canada or of the legislatures of the provinces or the rights of any of them with respect to the exercise of their legislative authority pursuant to law, the Parliament of Canada and the legislatures of the provinces, together with the government of Canada and the governments of the provinces, are committed pursuant to the Constitution of Canada to

(a) promoting equal opportunities social and economic well-being,

(b) assuring as nearly as is practicable the availability of essential public services of reasonable quality, and

(c) furthering economic development to reduce disparities in opportunities for social and economic well-being and in the availability of essential public services of reasonable quality for the benefit of all individuals in Canada, wherever they may live.

X FEDERAL PROVINCIAL CONSULTATION AND COMMITMENTS

*97. (1) A conference composed of the Prime Minister of Canada and the first Ministers of the provinces shall be convened by the Prime Minister of Canada at least once in every year unless, in any year, a majority of those composing the conference decide that it shall not be held.

*(2) The agenda of any conference convened pursuant to subsection (1) shall be decided by those composing the conference

*98. Before the Parliament of Canada may exercise its legislative authority under the Constitution of Canada to declare any work, although wholly situate within a province, to be for the general advantage of Canada or for the advantage of two or more of the provinces, the government of Canada shall consult with the government of the province or the governments of each of the provinces in which the work is situate.

*99. Where authority, is conferred or provided by any Act of the Parliament of Canada for the payment. otherwise than pursuant to an agreement or other arrangement having the force of a binding contractual obligation, of any public money of Canada to or to the use of any institution of government of any province or territory of Canada subject to such terms and conditions, if any, as may be contained in or provided for by that Act, the authority for such payment, if expressly stated in that Act to create an obligation on Canada to which this section shall apply, shall, for the period of the subsistence of the authority and subject to those terms and conditions, il any, constitute an obligation accordingly by which Canada shall bc bound and to which Canada shall be committed pursuant to the Constitution of Canada, and it shall not be competent for the Parliament of Canada to terminate or alter any such obligation except as one by which Canada is so bound and to which it is so committed.

XI THE COURTS AND JUDICIARY

(a) General

100. The principle of the independence of the judiciary under the rule of law and in consonance with the supremacy of the law is a fundamental principle of the Constitution of Canada.

(b) The Supreme Court of Canada

101. There shall be a general court of appeal for Canada called the Supreme Court of Canada.

102. The Supreme Court of Canada shall consist of a chief justice, to be called the Cliicl Justice et” Canada, and ten other judges. who shall be appointed respectively by the Governor General of Canada in the Canada manner provided in this division.

103. Any person is eligible to be appointed as a judge of the Supreme Court of Canada who, after having been admitted to the bar of any province or territory of Canada, has, for a total period of at least ten years, been a judge of any court in Canada or a barrister or advocate at the bar of any such province or territory, except that a person is eligible to be appointed as a judge of the Supreme Court of Canada from Quebec only il, alter having been admitted to the bar of Quebec, that person has, for a total period of at least ten years, been a judge of any court of that province or of a court established by the Parliament of Canada or an advocate at the bar of Quebec.

104. Of the eleven judges of the Supreme Court of Canada, lour shall be appointed from Quebec, and the remaining seven shall sept be appointed from among provinces or territories of Canada other than Quebec but so as to ensure at all times, as nearly as reasonably may be, membership in the Court of a judge or judges appointed from among the Atlantic provinces, from Ontario, from among the Western provinces exclusive of British Columbia, and from British Columbia.

105. For the purposes of section 104,

(a) the term “Atlantic provinces” means Nova Scotia, New Brunswick. Prince Edward Island and Newfoundland, and the term “Western provinces“ means Manitoba, British Columbia, Saskatchewan and Alberta; and

(b) a person shall be considered to be from a particular province il that person has been admitted to the bar of that province, and il that person has been admitted to the bars of two or more provinces or to the bars of one or more provinces and one or more territories of Canada, he or she shall be considered to be from the province or territory with which, in the opinion of the Attorney General of Canada, he or she has the closest connection.

106. (l) No person shall be appointed to fill any vacancy arising in tie Supreme Court of Canada until such time as that person has been nominated for appointment thereto in accordance with the procedure prescribed by this section and such nomination has been affirmed by the House of the Fédération in accordance with section 107.

(2) Where a vacancy arises in the Supreme Court and the Attorney General of Canada is considering the nomination person for appointment from a province (hereinafter called the “particular province”) to fill the vacancy, he shall forthwith so inform the Attorney General of the particular province.

(3) No person shall bc nominated for appointment to fill a vacancy in the Supreme Court unless the Attorney General of Canada and the Attorney General of the particular province agree to the nomination, or such person has been recommended by a nominating council described in subsection (5) or has been selected by the Attorney General of Canada under that subsection.

(4) Where ten days have elapsed since the day the Attorney General of Canada informed the Attorney General of the particular prince in accordance with subsection (2), and the Attorney General of Canada and the Attorney General of the particular province have not reached agreement on a person to be nominated for appointment alter having made all reasonable efforts to reach such agreement. the Attorney General of Canada shall inform the Attorney General of the particular province by notice in writing that he proposes to convince a nominating council to recommend the nomination of a person for appointment.

(5) Within ten days of the day the Attorney General of Canada gives notice in writing to the Attorney General of the particular province that he proposes to convene a nominating council, the Attorney General of the particular province may inform the Attorney General of Canada by notice in writing that he selects either of the following types of nominating councils:

(a) a nominating council consisting of the following members: the Attorney General of Canada or his nominee, and the Attorneys General of each of the provinces or their nominees;

(b) a nominating council consisting of the following members: the Attorney General of Canada or his nominee, the Attorney General of the particular province or his nominee, and a chairman to be named by the two Attorneys General, and if within fourteen days from the expiration of the ten days herein referred to they cannot agree on a chairman, then the Chief Justice of the particular province or if he is unable to act, the next senior judge of his court, shall name a chairman; and if the Attorney General of the particular province fails to make a selection under this subsection within the ten days herein referred to, the Attorney General of Canada may select the person to be nominated.

(6) Where a nominating council has been established under subsection (5), the Attorney General of Canada shall forthwith submit to it the names of not less than three persons qualified under this division to be appointed to fill the vacancy and about whom lie has sought the agreement of the Attorney General of the particular province to their nomination for such appointment. and the nominating council shall not later than fourteen days after the submission to it of those names recommend there from a person for such nomination; a majority of the members of the council shall constitute a quorum thereof and a recommendation of a majority of its members at a meeting convened for the purpose shall constitute a recommendation of the council.

(7) For the purposes of this section, words importing a male person include a female person.

107. (1) Where a person has been nominated for appointment to the Supreme Court of Canada in accordance with section l06, the Attorney General of Canada shall forthwith give notice in writing of the nomination to the Speaker of the House of the Federation, who shall on receipt of such notice cause a copy thereof to be laid before the House or, if the House is not then sitting, to be sent to each member of the House in such form and mariner as the Speaker deems most expeditious.

(2) Within the first fourteen days that the House of the Federation is sitting next after a copy of a notice of a nomination has been laid before the House or sent to its members pursuant to subsection (l), the House of the Federation shall debate the matter of the nomination, and if at the conclusion of the debate the nomination is not affirmed by a majority of the members of the House of the Federation voting thereon, the nomination shall not be proceeded with and the vacancy in the Supreme Court shall in that case be dealt with as though it had arisen at that time, but if the House of the Federation fails to vote on the nomination within the fourteen days referred to herein or if a majority of the members of that House voting thereon favour its affirmation. the nomination shall be deemed to be affirmed by that House.

(3) Notwithstanding subsection (2), if on the day a copy of a notice of a nomination is sent by the Speaker of the House of the Federation to its members pursuant to sub- section (l), that House stands adjourned or prorogued to a day that is more than twenty- one days after that day, the requirements of subsection (2) for a debate on the matter of the nomination need not be complied with, and the House of the Federation shall be deemed to have affirmed the nomination, if fewer than ten members thereof request such a debate by notice in writing communicated to the Speaker within those twenty-one days.

108. Sections 106 and 107 do not apply to the appointment of the Chief Justice of Canada when such appointment is made from among the judges of the Supreme Court of Canada.

109. The judges of the Supreme Court of Canada shall hold office during good behaviour until they attain the age of seventy years, but are removable by the Governor General of Canada on address of the House of the Federation and the House of Commons of Canada.

110. The salaries, allowances and pensions of the judges of the Supreme Court of Canada shall be fixed and provided by the Parliament of Canada.

111. (1) Subject to this division, the Supreme Court of Canada shall have such appellate jurisdiction as may be prescribed by the Parliament of Canada.

(2) Where any case before the Supreme Court of Canada involves a question of law relating to the civil law of Quebec, that question shall be decided solely by those judges of the Supreme Court who are judges appointed from Quebec; a majority of the judges of the Court appointed from Quebec shall constitute a quorum for the decision of any such question and a decision of a majority of the judges of the Court appointed from Quebec on any such question shall constitute a decision of the Supreme Court thereon.

112. (1) Notwithstanding any other provision of this division, the Supreme Court of Canada has jurisdiction to hear and determine mine appeals on any constitutional question from any judgment of any court in Canada and from any decision on any constitutional question by any such court in determining any question referred to it, but except as regards any such appeals from the highest court of final resort in or for a province. the Supreme Court of Canada may prescribe such exceptions and conditions to the exercise of such jurisdiction as may be authorized by the Parliament of Canada.

(2) Where, with respect to any appeal from any judgment or decision on any constitutional question of the highest court of final resort in or for a province. the Supreme Court is of the opinion that the question involved therein is not of sufficient public importance that it ought to bc decided by the Supreme Court, or for any other reason, is of such a nature or significance as not to war- rant decision by it, the Court may refuse to hear such appeal.

(3) For the purposes of this section, the term “province” includes the Yukon Territory and the Northwest Territories.

113. The Parliament of Canada may make laws conferring original jurisdiction on the Supreme Court of Canada in respect of such matters in relation to the laws of Canada as may be prescribed by the Parliament of Canada, and authorizing the reference of questions of law or fact to the Court and requiring the Court to hear and determine such questions.

114. The judgment of the Supreme Court of Canada in all cases is final and conclusive.

115. Subject 1o this division, the Parliament of Canada may make laws

(a) providing for the organization and maintenance of the Supreme Court of Canada and making additional provisions respecting the judges of the Court and provisions for the appointment of and otherwise respecting ad hoc judges. and for the establishment of quorums for particular purposes, and

(b) authorizing the judges of the Supreme Court of Canada or a majority of them to make general rules and orders for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of any laws respecting the Supreme Court and the attainment of their intention and objects with respect to the Court.

116. The Parliament of Canada may, notwithstanding anything in the Constitution of Canada, from time to time provide for the constitution, maintenance and organization of courts for the better administration of the laws of Canada, but no law providing for the constitution, maintenance or organization of any such court shall derogate front the jurisdiction of the Supreme Court of Canada as a general court of appeal for Canada.

(d) Appointment and Tenure of Office Judges and their Salaries, Allowances and Pensions

117. The Governor General of Canada shall appoint the judges of the superior, district and county Courts in each province. except those of the courts of probate in Nova Scotia and New Brunswick.

118. (l) Until the laws relative to property and Civil rights in all of the provinces other than Quebec, and the procedure of the courts in those provinces, are made uniform, the judges of the courts in those provinces appointed by the Governor General of Canada shall be selected from the respective bars of those provinces.

(2) The judges of the courts of Quebec shall be selected from the bar of that province.

119. The judges of the superior courts of the provinces shall hold office during good behaviour until they attain the age of seventy years, but are removable by the Governor General of Canada on address of the House of the Federation and the House of Commons of Canada.

*l20. The salaries, allowances and pen- sions of the judges of the superior, district and county courts in each province (except the courts of probate in Nova Scotia and New Brunswick) shall bc fixed and provided by the Parliament of Canada.

XII REVENUES, INTERPROVINCIAL COMMERCE, AND TAXATION

*121. All taxes, imposts and other revenues over which the Parliament of Canada has the power of appropriation shall. form one Consolidated Revenue Fund, to be appropriated by the Parliament of Canada for the public purposes of Canada; and all taxes, imposts and other revenues over which the legislature of any province has the power of appropriation shall likewise form one Con- solidated Revenue Fund, to be appropriated by the legislature of that province for the public purposes oI that province.

*122. All articles of the growth, produce or manufacture of any one of the provinces shall be admitted tree into each of the other provinces.

*123. No lands or property belonging to Canada or any province shall be liable to taxation.

PART II

IMPLEMENTATION

l GENERAL

124. Subject to this Act, this Act shall commence on the later oI the ninetieth day alter the day this Act is assented to and such day, not later than the one hundred and eightieth day after the day this Act is assented to, as may at any time before that ninetieth day be fixed by proclamation.

125. The enactment of this Act by the Parliament of Canada does not extend to any following provision (in this Part referred to as a “designated provision”) set out in Part I of this Act, namely:

(a) section 31.

(b) section 33,

(d) sections 79 to 95,

(e) sections 97 to 99,

(f) section 120, and

(g) sections l21 to 123:

and the inclusion in this Act of any designated provision does not constitute an assertion by the Parliament of Canada of authority to enact any such provision; but in order that effect may be given as soon as may be to each such designated provision as part of the Constitution of Canada, it is hereby declared and directed that, on and after the commencement of this Act and by virtue of its enactment by the Parliament of Canada, both Houses of the Parliament of Canada shall be deemed to have approved of resolutions for the amendment of the Constitution of Canada in the form and to the effect of each of those provisions, each of which resolutions may be taken up and dealt with, either severally or in combination with any other or others of them, by action as on a joint address or by proclamation, as the case may be, as and when it or they may lawfully be so taken up and dealt with in accordance with the procedure for such amendment then recognized by accepted usage, if there is then no procedure for that purpose expressly provided for by the Constitution of Canada, or in accordance with the procedure for that purpose expressly so provided for, if there is then such a procedure.

126. Nothing in section l25 shall be construed as precluding the amendment of any designated provision, including, but without limiting the generality of that expression, any designated provision set out in sections 9l to 95, before such time as any resolution with respect thereto that is deemed by section 125 to have been approved by both Houses of the Parliament of Canada is taken up and dealt with as provided in that section.

127. In the event of a conflict or inconsistency between

(a) the provisions of Part l other than any designated provisions set out therein, or

(b) after such time as effect has been given by law to any designated provision set out in Part l, the provisions of Part l to which effect has been given, and the provisions of the Act of J867 or any 45 subséquent constitutional enactment, the provisions of Part l described in paragraph (a) or (b), as the case may be, shall prevail to the extent of such conflict or inconsistency,

128. (1) On the commencement of this Act, the portions of the enactments set out in column I of Schedule A to this Act are, in so far as they are part of the law of Canada, repealed or amended in the manner and to the extent specified in column II of that Schedule.

(2) The provisions of the Act of 1867, as amended by any subsequent constitutional enactment, set out in column I of Schedule B to this Act are, in so far as they are part of the law of Canada, repealed as of the day effect is given by law to the designated provisions of Part l of this Act set out in column II of that Schedule opposite those provisions of the Act of 1867 us so amended.

(3) The portions of the enactments set out in column I of Schedule C to this Act are amended in the manner and to the extent specified in column II of that Schedule as of the any effect is given by law to the designated provisions of Part I of this Act set out in column lII of that Schedule opposite the portions of those enactments so amended and set out in column II thereof.

129. The English and French versions of this Act are equally authoritative and shall be construed together according to the ordinary rules applicable at the commencement of this Act for the construction of the English and French versions of the statutes of Canada, but to the extent that the English language version of any designated provision set out in sections 9l to 95 or sections 121 to 123 remains unchanged in its substance from the text of the constitutional enactment to which it corresponded immediately before its coming into effect as law, the French language version corresponding to that English language version shall, from and after its coming into effect as law, have the same force and effect as that English language version. and shall not be held to operate as new law.

II SPECIAL RULES AND PROVISIONS

130. (l) On and after the commencement of this Act, the statement of aims of the Canadian federation set out in section 4 of this Act shall be read and construed as a statement subscribed to by the Parliament and government of Canada, by which they tire bound and to which they are committed pursuant to the Constitution of Canada.

(2) In order that effect may be given as soon as may be to the statement referred to in subsection (l) as one subscribed to by and binding on the legislatures and governments of all the provinces in common with the Parliament and government of Canada, as part of the Constitution of Canada, it is hereby declared and directed that, on and after the commencement of this Act and by virtue of its enactment by the Parliament of Canada, both Houses of the Parliament of Canada shall be deemed to have approved of a resolution for the amendment of the Constitution of Canada in the form and to the effect of the statement referred to in subsection (l), which resolution may bc taken up and dealt with by action as on a joint address or by proclamation, as the case may be, at any time after an amendment to the Constitution of Canada in like form and to the like effect has been approved by the legislatures of all of the provinces, in accordance with the procedure for such amendment then recognized by acceptance usage, if there is then no procedure for that purpose expressly provided for by the Constitution of Canada, or in accordance with the procedure for that purpose expressly so provided for, if there is then such a procedure.

131. (l) Until such time as this subsection is repealed by subsection (4), the provisions of the Canadian Charter of Rights and Freedoms us enacted by this Act shall be read and construed as extending only to matters coming within the legislative authority of the Parliament of Canada, except as otherwise provided by the legislature of any province acting under the authority conferred on it by the Constitution of Canada.

(2) In order that effect may be given as soon us may bc to the extension of the Charter referred to in subsection (l) to matters coming within the legislative authority of the legislatures of all the provinces equally as to matters coming within the legislative authority of the Parliament of Canada, as part of the Constitution of Canada, it is hereby declared and directed that, on and after the commencement of this Act and by virtue of its enactment by the Parliament of Canada. both Houses of the Parliament of Canada shall be deemed to have approved of a resolution for the amendment of the Constitution of Canada in the form and to the effect of the Charter referred to in subsection (l), which resolution may be taken up and dealt with by action as on a joint address or by proclamation, as the case may be, as and when it may lawfully be so taken up and dealt with in accordance with the procedure for such amendment then recognized by accepted usage, if there is then no procedure for that purpose expressly provided for by the Constitution of Canada, or in accordance with the procedure for that purpose expressly so provided for, if there is then such a procedure.

(3) From and after such time as it is provided by the legislature of any province, acting within the authority conferred on it by the Constitution of Canada, that the provisions of the Canadian Charter of Rights and Freedoms as enacted by this Act extend to mutters coming within its legislative authority

(a) the provisions of the Act of 1867 respecting the reservation of assent to Bills, the disallowance of Acts and the signification of pleasure on Bills reserved, as those provisions extend and are made35 applicable to the legislatures of the several provinces by virtue of and in the manner provided in section 90 of the Act of l867, shall cease to extend and be applicable to the legislature of that province as if they were here repealed or made inapplicable in terms to that province and its legislature; and

(b) where that province is Ontario, subsection l5(2) of this Act shall not apply so as to require the printing and publishing in English and French of any statutes of, or any revision or consolidation of statutes authorized by, the legislature of that province except any such statutes enacted after, or any such revision or consolidation authorized to have effect after, such day or days as that legislature shall have fixed therefor.

(4) At such time as the resolution deemed by subsection (2) to have been approved by both Houses of the Parliament of Canada has been taken up and dealt with as provided in that subsection and any further action required by law to give effect thereto has been taken,

(a) subsection (1) of this section is repealed;

(b) sections 20, 50, 55 to 57, 85 and 86 of the Act of 1867 are repealed;

(c) sections 55 to 57 of the Act of 1867 respecting the reservation of assent to Bills, the disallowance of Acts and the signification of pleasure on Bills reserved, as those sections extended and were applicable immediately before the commencement of this Act to the legislature of the several provinces by virtue of and in the manner provided in section 90 of the Act of 1867, cease to extend and apply thereto, and section 90 is repealed in so far as it relates to the matters provided for in this paragraph; and

(d) section 133 of the Act of 1867 and section 23 of the Manitoba Act, 1870 are repealed.

(5) Notwithstanding anything in subsection (l), for the purposes of that subsection the legislative authority of the Parliament of Canada shall be deemed not to extend to the Yukon Territory or the Northwest Territories in relation to any matter provided for in sections 13 to 2l of the Canadian Charter of Rights and Freedoms that would not, if those territories were provinces of Canada, come within the legislative authority of Parliament, and in relation to any such matter the reference in subsection (l) to the legislature of any province acting under the authority conferred on it by the Constitution of Canada shall be read as extending to the Commissioner in Council of any territory of Canada acting within the authority which is hereby conferred on the Commissioner in Council by the Parliament of Canada.

l32. Subsections 131(1), (2) and (4) (except paragraphs l3l(4)(b) to (d)) apply, with such modifications as the circumstances require, to and in respect of sections 96 and l00 of this Act.

133. In order that effect may be given as soon as may be to the provisions of division XI of Part l of this Act respecting the Supreme Court of Canada as being binding equally on the Parliament of Canada as on the legislature of all the provinces, as part of the Constitution of Canada, a declaration and direction with respect to those provisions, to the effect set out in subsection 131(2) but with such modifications as the circumstances require, shall be deemed to form part of this subsection as if set out herein.

lll TRANSITIONAL AND INTERPRETATION

134. In this Act, “legal instrument or document” means

(a) the Act of 1867 or any subsequent constitutional enactment,

(b) any Act of the Parliament of Canada other than this Act.

(d) any contract, lease, licence or other document made or issued pursuant to any Act, enactment or instrument referred to in paragraph (a), (b) or (c). or

(e) any resolution, address or Bill before Parliament;

“subsequent constitutional enactment“ means any constitutional enactment or portion of a constitutional enactment enacted after the Act of 1867 by the Parliament of the United Kingdom or the Parliament of Canada. that was part of the law of Canada immediately before the commencement of this Act, and includes the Letters Patent constituting the Office of Governor General, issued effective October l, I947;

“statutory instrument” means any rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established

(a) in the execution of a power conferred by or under the Act of 1867, a subsequent constitutional enactment or an Act of Parliament, by or under which such instrument was expressly authorized to be issued, made or established, or

(b) by or under the authority of the Governor General or Governor General in Council, otherwise than in the execution of a power conferred as described in paragraph (a),

and, without limiting the generality of the foregoing, includes a rule, order or regulation governing the practice or procedure in any proceedings before a judicial or quasi- judicial body established by or under an Act of Parliament, and the constitutions and ordinances of the Order of Canada and the Order of Military Merit.

135. (l) The person who was the Governor General of Canada immediately before the commencement of this Act shall, upon the commencement of this Act, become and is hereby constituted the Governor General of Canada and Commander-in-Chief of the Canadian Forces, to hold office as if the Letters Patent under the Great Seal of Canada appointing that person to the Office of Governor General and Commander-in- Chief of Canada had been issued under this Act appointing that person to be Governor General of Canada and Commander-in- Chief of the Canadian Forces with effect from the day that person assumed the office of Governor General and for the period of the appointment of that person to the office of Governor General.

(2) The person who was the Governor General of Canada immediately before the commencement of this Act shall. upon the commencement of this Act, become and is hereby constituted Chancellor and Principal Companion of the Order of Canada and Chancellor of the Order of Military Merit during the tenure of office of that person as Governor General of Canada.

136. (l) Wherever the Queen’s Privy Council for Canada, the Privy Council, a member of the Queen’s Privy Council for Canada, a Privy Councillor, the President of the Queen’s Privy Council for Canada, or the Clerk of the Privy Council or other officer of the Privy Council Office is mentioned or referred to, with reference to Canada, in or in the title to any legal instrument or document, there shall in every case, unless the context otherwise requires, be substituted the Council of State of Canada, a member of the Council of State of Canada, a Councillor of State, the President of the Council of State, or the Clerk of the Council of State or other officer of the Office of the Council of State, as the case may be.

(2) Wherever, under any statutory instrument or any contract, lease, licence or other document, any power, authority or function is vested in or exercisable by the Queen‘s Privy Council for Canada, one or more Privy Councillors, the President of the Privy Council, or the Clerk of the Privy Council or other officer of the Privy Council Office in relation to any matter, the power, authority or function is, until otherwise provided by law, vested or exercisable by the Council of State of Canada, the appropriate Councillor or Councillors of State, the President of the Council of State, or the Clerk of the Council of State or other officer of the Office of the Council of State, as the case may be.

137. Every person who, immediately before the commencement of this Act, was a member of the Queen’s Privy Council for Canada, shall, upon the commencement of this Act, become a Councillor of State of Canada and is thereupon entitled to have the letters “C.S.” in English and “C.E.” in French placed after his or her name instead of the letters “P.C,“ in English and the letters “C.P.” in French, a1 all times when and in all places where the use of such letters is customary.

138. A person who, immediately before the commencement of this Act, was the President of the Privy Council, the Clerk of the Privy Council or an officer or employee of the Privy Council Office shall, upon the commencement of this Act, become the President of the Council of State of Canada, the Clerk of the Council of State or an officer or employee of the Office of the Council of State, as the case may be.

139. (l) Wherever the Senate of Canada, the Speaker or a deputy of the Speaker of the Senate, a Senator, or the Clerk or other officer of the Senate is mentioned or referred to, with reference to Canada, in or in the title to any legal instrument or document, there shall in every case, unless the context otherwise requires, be substituted the House of the Federation, the Speaker or a deputy of the Speaker of the House of the Federation, a member of the House of the Federation, or the Clerk or other officer of the House of the Federation, as the case may be.

(2) Wherever under any statutory instrument or any contract, lease, licence or other document, any power, authority or function is vested in or exercisable by the Speaker or a deputy of the Speaker of the Senate, a Senator, or the Clerk or other officer of the Senate in relation to any matter, the power, authority or function is, until otherwise provided by law, vested in or exercisable by the Speaker or a deputy of the Speaker of the House of the Federation, the appropriate member of the House of the Federation, or the Clerk or other appropriate officer of that House, as the case may be.

(3) Notwithstanding subsection (1), the expression “legal instrument or document“ in that subsection does not include the Members of Parliament Retiring Allowances Act.

(4) This section shall come into force on the day specified in any proclamation issued under section 142.

140. (l) A person who. immediately before the commencement of this Act, was an officer or employee of the Senate shall, upon the commencement of this Act, become an officer or employee of the Senate and of the House of the Federation.

(2) A person who, immediately before the day specified in any proclamation issued under section 142. was an officer or employee of the Senate and of the House of the Federation, ceases on that day to be an officer or employee of the Senate.

(3) For the purposes of this section. no person who is a Senator shall be considered to be an officer of the Senate.

141. Notwithstanding anything in this Act, during the period beginning with the commencement of this Act and ending immediately before the day specified in any proclamation issued under section 142 declaring that the House of the Fédération shall come into existence and replace the Senate as part of the Parliament of Canada. (a) the Senate of Canada shall continue in existence as part of the Parliament of Canada in the place of the House of the Federation, and for greater certainty section 56 of this Act shall bc deemed to read as follows:

“56. There shall be one Parliament for Canada consisting of the Governor General of Canada. an upper House styled the Senate, and the House of Commons”;

(b) the Senators who. but for this Act. would continue to hold their places in the Senate. shall continue to hold their places therein;

(c) the provisions of sections 18, 21 to 36. 39, 51A, 59, 91, 99, 128 and 147 of, and of the Fifth Schedule to, the Act of 1867, as amended or modified by any subsequent constitutional enactment, shall be read and construed as being unaffected by this Act. in so far as they relate lo the Senate or Senators;

(d) the reference to the House of the Federation in head t of section 9l of the Act of l867, as enacted by the British North America (No. 2) Act, 1949 and amended in Schedule A to this Act, shall be read and construed as a reference to the Senate;

(e) a reference. in any portion of an Act of the Parliament of Canada amended in Schedule A to this Act, to the House of the Federation or a member thereof shall be read and construed as a reference to the Senate or a Senator. as the case may be;

(f) the provisions of this Act relating to the House of the Federation shall have effect to enable the taking of all measures necessary with respect to the selection of persons to become members of that House and to enable that House to exercise and perform its powers. authorities and functions as one of the Houses of the Parliament of Canada forthwith upon the day specified in the proclamation issued under proclamation section 142; and

(g) sections 70 and 107 of this Act shall be deemed not to have come into effect. and subsection 106(l) of this Act shall be deemed to be modified accordingly.

142. As soon as reasonably may be after the first selection of members of the House of the Federation to be made after the commencement of this Act has been completed, the Governor General in Council shall authorize the issue of a proclamation under the Great Seal of Canada declaring that, such day as is specified in the proclamation. the House of the Federation shall come into existence and replace the Senate as part cf the Parliament of Canada; and, upon the day specified in such proclamation, the persons selected to be members of the House of the federation shall commence to hold their places as such.

143. No person who assumes any office or becomes a member of the Council of State of Canada by virtue of section 135, 137, 138 or 140 is required to take, prior to or on assuming such office or becoming such a member, any oath of allegiance or of office, and no such person is entitled to receive any document showing that lie or she has so assumed such office or become such a member.

144. The court existing immediately before the commencement of this Act under the name of the Supreme Court of Canada shall continue as the Supreme Court of Canada. and the judges thereof shall continue in office as though appointed in the mariner provided in division Xl of Part l of this Act except that they shall hold office during good behaviour until attaining the age of seventy-five years, and until otherwise provided pursuant to the provisions of that division, all laws respecting the Supreme Court of Canada and the judges thereof that were in force immediately before the commencement of this Act shall continue, subject to this Act.

145. Each judge of a superior court of a province who was appointed before the commencement of this Act to hold office as a judge of any such court shall continue in office as though appointed in the manner provided in division Xl of Part l of this Act except that lie or site shall hold office during good behaviour until attaining the age of seventy-five years.

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Bill C-60, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada […] SC, 1978

BILL C-60

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Bill C-60, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada […] SC, 1978

BILL C-60

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