British North America Act, 1867, S. 51

51. On the Completion of the Census in the Year One thousand eight hundred and seventy-one, and of each subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and according to the following Rules:

1. Quebec shall have the fixed Number of Sixty- five Members:

2. There shall be assigned to each of the other Provinces such a Number of Members as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained):

3. In the Computation of the Number of Members for a Province a fractional Part not exceeding One Half of the whole Number requisite for entitling the Province to a Member shall be disregarded; but a fractional Part exceeding One Half of that Number shall be equivalent to the whole Number:

4. On any such Re-adjustment the Number of Members for a Province shall not be reduced unless the Proportion which the Number of the Population of the Province bore to the Number of the aggregate Population of Canada at the then last preceding Re-adjustment of the Number of Members for the Province is ascertained at the then latest Census to be diminished by One Twentieth Part or upwards:

5. Such Re-adjustment shall not take effect until the Termination of the then existing Parliament.

51. (1) The number of members of the House of Commons and the representation of the provinces therein shall, on the coming into force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:

1. There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the said process of division.

2. If the total number of members that would be assigned to a province by the application of rule 1 is less than the total number assigned to that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.

(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in section 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.

Documents related to section 51

[Note: The original section 51 (in italics) was repealed and a new section 51 substituted by the British North America Act, 1946 (No. 30 infra).

The section enacted in 1946 was repealed and a new section 51 substituted by the British North America Act, 1952 (No. 36 infra).

Subsection (1) of the section 51 enacted in 1952 was repealed and a new subsection 51(1) substituted by the Constitution Act, 1974 (No. 40 infra). The subsection 51(1) enacted in 1974 was repealed and the present subsection 51(1) substituted by the Constitution Act, 1985 (Representation) (No. 47 infra).

Subsection (2) of the section 51 enacted in 1952 was repealed and the present subsection 51(2) substituted by the Constitution Act (No. 1), 1975 (No. 41 infra).

The words from “of the census” to “seventy-one and” and the word “subsequent” of the original section had previously been repealed by the Statute Law Revision Act, 1893 (No. 17 infra).]