IV. LEGISLATIVE POWER
17. There shall be One Parliament for Canada,
consisting of the Queen, an Upper House styled the Senate, and
the House of Commons.
18. The privileges, immunities, and powers to be held,
enjoyed, and exercised by the Senate and by the House of Commons,
and by the Members thereof respectively, shall be such as are
from time to time defined by Act of the Parliament of Canada, but
so that any Act of the Parliament of Canada defining such
privileges, immunities, and powers shall not confer any
privileges, immunities, or powers exceeding those at the passing
of such Act held, enjoyed, and exercised by the Commons House of
Parliament of the United Kingdom of Great Britain and Ireland,
and by the Members thereof.
19. The Parliament of Canada shall be called together
not later than Six Months after the Union.
21. The Senate shall, subject to the Provisions of
this Act consist of One Hundred and five Members, who shall be
22. In relation to the Constitution of the Senate
Canada shall be deemed to consist of Four Divisions:--
3. The Maritime Provinces, Nova Scotia, and New Brunswick, and Prince
4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and
which Four Divisions shall (subject to the Provisions of this
Act) be equally represented in the Senate as follows: Ontario by
twenty-four senators; Quebec by twenty-four senators; the
Maritime Provinces and Prince Edward Island by twenty-four
senators, ten thereof representing Nova Scotia, ten thereof
representing New Brunswick, and four thereof representing Prince
Edward Island; the Western Provinces by twenty-four senators, six
thereof representing Manitoba, six thereof representing British
Columbia, six thereof representing Saskatchewan, and six thereof
representing Alberta; Newfoundland shall be entitled to be
represented in the Senate by six members; the Yukon Territory and
the Northwest Territories shall be entitled to be represented in
the Senate by one member each.
In the case of Quebec each of the Twenty-four Senators
representing that Province shall be appointed for One of the
Twenty-four Electoral Divisions of Lower Canada specified in
Schedule A. to Chapter One of the Consolidated Statutes of
23. The Qualification of a Senator shall be as
(1) He shall be of the full age of Thirty Years:
(2) He shall be either a natural-born Subject of the Queen, or a Subject
of the Queen naturalized by an Act of the Parliament of Great Britain, or
of the Parliament of the United Kingdom of Great Britain and Ireland, or
of the Legislature of One of the Provinces of Upper Canada, Lower Canada,
Canada, Nova Scotia, or New Brunswick, before the Union, or of the
Parliament of Canada, after the Union:
(3) He shall be legally or equitably seised as of Freehold for his own Use
and Benefit of Lands or Tenements held in Free and Common Socage, or
seised or possessed for his own Use and Benefit of Lands or Tenements held
in Franc-alleu or in Roture, within the Province for which he is
appointed, of the Value of Four thousand Dollars, over and above all the
Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable
out of or charged on or affecting the same:
(4) His Real and Personal Property shall be together worth Four thousand
Dollars over and above his Debts and Liabilities:
(5) He shall be resident in the Province for which he is appointed:
(6) In the case of Quebec he shall have his Real Property Qualification in
the Electoral Division for which he is appointed, or shall be resident in
24. The Governor General shall from Time to Time, in
the Queen's Name, by Instrument under the Great Seal of Canada,
summon qualified Persons to the Senate; and, subject to the
Provisions of this Act, every Person so summoned shall become and
be a Member of the Senate and a Senator.
26. If at any Time on the Recommendation of the
Governor General the Queen thinks fit to direct that Four or
Eight Members be added to the Senate, the Governor General may by
Summons to Four or Eight qualified Persons (as the Case may be),
representing equally the Four Divisions of Canada, add to the
27. In case of such Addition being at any Time made,
the Governor General shall not summon any Person to the Senate,
except upon a further like Direction by the Queen on the like
Recommendation, to represent one of the Four Divisions until such
Division is represented by Twenty-four Senators and no more.
28. The Number of Senators shall not at any Time
exceed One Hundred and thirteen.
29. (1) Subject to subsection (2), a Senator shall,
subject to the provisions of this Act, hold his place in the
Senate for life.
(2) A Senator who is summoned to the Senate after the coming
into force of this subsection shall, subject to this Act, hold
his place in the Senate until he attains the age of seventy-five
30. A Senator may by Writing under his Hand addressed
to the Governor General resign his Place in the Senate, and
Thereupon the same shall be vacant.
31. The Place of a Senator shall become vacant in any
of the following Cases:
(1) If for Two consecutive Sessions of the Parliament he fails to give his
Attendance in the Senate:
(2) If he takes an Oath or makes a Declaration or Acknowledgement of
Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act
whereby he becomes a Subject or Citizen, or entitled to the Rights or
Privileges of a Subject or Citizen, of a Foreign Power:
(3) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of
any Law relating to Insolvent Debtors, or becomes a public Defaulter:
(4) If he is attainted of Treason or convicted of Felony or of any
(5) If he ceases to be qualified in respect of Property or of Residence;
provided that a Senator shall not be deemed to have ceased to be qualified
in respect of Residence by reason only of his residing at the Seat of the
Government of Canada while holding an Office under that Government
requiring his Presence there.
32. When a vacancy happens in the Senate by
Resignation, Death or otherwise, the Governor General shall by
Summons to a fit and qualified Person fill the Vacancy.
33. If any Question arises respecting the
Qualification of a Senator or a Vacancy in the Senate the same
shall be heard and determined by the Senate.
34. The Governor General may from Time to Time, by
Instrument under the Great Seal of Canada, appoint a Senator to
be Speaker of the Senate, and may remove him and appoint another
in his Stead.
35. Until the Parliament of Canada otherwise provides,
the Presence of at least Fifteen Senators, including the Speaker,
shall be necessary to constitute a Meeting of the Senate for the
Exercise of its Powers.
36. Questions arising in the Senate shall be decided
by a Majority of Voices, and the Speaker shall in all Cases have
a Vote , and when the Voices are equal the Decision shall be
deemed to be in the Negative.
The House of Commons
37. The House of Commons shall, subject to the
Provisions of this Act, consist of two hundred and eighty-two
members of whom ninety-five shall be elected for Ontario,
seventy-five for Quebec, eleven for Nova Scotia, ten for New
Brunswick, fourteen for Manitoba, twenty-eight for British
Columbia, four for Prince Edward Island, twenty-one for Alberta,
fourteen for Saskatchewan, seven for Newfoundland, one for the
Yukon Territory and two for the Northwest Territories.
38. The Governor General shall from Time to Time, inthe Queen's Name, by Instrument under the Great Seal of Canada,
summon and call together the House of Commons.
39. A Senator shall not be capable of being elected or
of sitting or voting as a Member of the House of Commons.
40. Until the Parliament of Canada otherwise provides,
Ontario, Quebec, Nova Scotia and New Brunswick shall, for the
Purposes of the Election of Members to serve in the House of
Commons, be divided into Electoral districts as follows:
Ontario shall be divided into the Counties, Ridings of
Counties, Cities, Parts of Cities, and Towns enumerated in the
First Schedule to this Act, each whereof shall be an Electoral
District, each such District as numbered in that Schedule being
entitled to return One Member.
Quebec shall be divided into Sixty-five Electoral Districts,
composed of the Sixty-five Electoral Divisions into which Lower
Canada is at the passing of this Act divided under Chapter Two of
the Consolidated Statutes of Canada, Chapter Seventy-five of the
Consolidated Statutes for Lower Canada, and the Act of the
Province of Canada of the Twenty-third Year of the Queen, Chapter
One, or any other Act amending the same in force at the Union, so
that each such Electoral Division shall be for the Purposes of
this Act an Electoral District entitled to return One Member.
3. NOVA SCOTIA
Each of the Eighteen Counties of Nova Scotia shall be an
Electoral District. The County of Halifax shall be entitled to
return Two Members, and each of the other Counties One Member.
4. NEW BRUNSWICK
Each of the Fourteen Counties into which New Brunswick is
divided, including the City and County of St. John shall be an
Electoral District. The City of St. John shall also be a separate
Electoral District. Each of those Fifteen Electoral Districts
shall be entitled to return One Member.
41. Until the Parliament of Canada otherwise provides,
all Laws in force in the several Provinces at the Union relative
to the following Matters or any of them, namely,--the
Qualifications and Disqualifications of Persons to be elected or
to sit or vote as Members of the House of Assembly or the
Legislative Assembly in the several Provinces, the Voters at
Elections of such Members, the Oaths to be taken by Voters, the
Returning Officers, their Powers and Duties, the Proceedings at
Elections, the Periods during which Elections may be continued,
the Trial of controverted Elections, and Proceedings incident
thereto, the vacating of Seats of Members, and the Execution of
new Writs in case of Seats vacated otherwise than by
Dissolution,--shall respectively apply to Elections of Members to
serve in the House of Commons for the same several Provinces.
Provided that, until the Parliament of Canada otherwise
provides, at any Election for a Member of the House of Commons
for the District of Algoma, in addition to Persons qualified by
the Law of the Province of Canada to vote, every Male British
Subject, aged Twenty-one Years or upwards, being a Householder,
shall have a Vote.
44. The House of Commons on its first assembling after
a General Election shall proceed with all practicable Speed to
select One of its Members to be Speaker.
45. In case of a Vacancy happening in the Office of
Speaker by Death, Resignation, or otherwise, the House of Commons
shall with all practicable Speed proceed to elect another of its
Members to be Speaker.
46. The Speaker shall preside at all Meetings of the
House of Commons.
47. Until the Parliament of Canada otherwise provides,
in case of the Absence for any Reason of the Speaker from the
Chair of the House of Commons for a Period of Forty-eight
consecutive Hours, the House may elect another of its Members to
act as Speaker, and the Member so elected shall during the
Continuance of such Absence of the Speaker have and execute all
the Powers, Privileges, and Duties of Speaker.
48. The Presence of at least Twenty Members of the
House of Commons shall be necessary to constitute a Meeting of
the House for the Exercise of its Powers, and for that Purpose
the Speaker shall be reckoned as a Member.
49. Questions arising in the House of Commons shall be
decided by a Majority of Voices other than that of the Speaker,
and when the Voices are equal, but not otherwise, the Speaker
shall have a Vote.
50. Every House of Commons shall continue for Five
Years from the Day of the Return of the Writs for choosing the
House (subject to be sooner dissolved by the Governor General),
and no longer.
51. (1) The number of members of the House of Commons
and the representation of the provinces therein shall, on the
coming into the 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 assigned to each of the provinces a number of members
equal to the number obtained by dividing the total population of the
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
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, 1985,
shall be entitled to one member, and the Northwest Territories as
bounded and described in section 2 of chapter N-27 of the Revised
Statutes of Canada, 1985, as amended by section 77 of chapter 28 of
the Statutes of Canada, 1993, shall be entitled to one member, and
Nunavut as bounded and described in section 3 of chapter 28 of the
Statutes of Canada, 1993, shall be entitled to one member.
51A. Notwithstanding anything in this Act a province
shall always be entitled to a number of members in the House of
Commons not less than the number of senators representing such
52. The Number of Members of the House of Commons may
be from Time to Time increased by the Parliament of Canada,
provided the proportionate Representation of the Provinces
prescribed by this Act is not thereby disturbed.
Money Votes; Royal Assent.
53. Bills for appropriating any Part of the Public
Revenue, or for imposing any Tax or Impost, shall originate in
the House of Commons.
54. 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
that House by Message of the Governor General in the Session in
which such Vote, Resolution, Address, or Bill is proposed.
55. Where a Bill passed by the Houses of Parliament is
presented to the Governor General for the Queen's Assent, he
shall declare, according to his Discretion, but subject to the
Provisions of this Act and to Her Majesty's Instructions, either
that he assents thereto in the Queen's name, or that he withholds
the Queen's Assent, or that he reserves the Bill for the
Signification of the Queen's Pleasure.
56. Where the Governor General assents to a Bill in
the Queen's Name, he shall by the first convenient Opportunity
send an authentic Copy of the Act to one of Her Majesty's
Principal Secretaries of State, and if the Queen in Council
within Two Years after the Receipt thereof by the Secretary of
State thinks fit to disallow the Act, such Disallowance (with a
Certificate of the Secretary of State of the Day on which the Act
was received by him) being signified by the Governor General, by
Speech or Message to each of the Houses of the Parliament or by
Proclamation, shall annul the Act from and after the Day of Such
57. A Bill reserved for the Signification of the
Queen's Pleasure shall not have any Force unless and until,
within Two Years from the Day on which it was presented to the
Governor General for the Queen's Assent, the Governor General
signifies, by Speech or Message to each of the Houses of the
Parliament or by Proclamation, that it has received the Assent of
the Queen in Council.
An Entry of every such Speech, Message, or Proclamation shall
be made in the Journal of each House, and a Duplicate thereof
duly attested shall be delivered to the proper Officer to be kept
among the Records of Canada.
Constitution Act 1867