V. PROVINCIAL CONSTITUTIONS
58. For each Province there shall be an Officer,
styled the Lieutenant Governor, appointed by the Governor General
in Council by Instrument under the Great Seal of Canada.
59. A Lieutenant Governor shall hold Office during the
Pleasure of the Governor General; but any Lieutenant Governor
appointed after the Commencement of the First Session of the
Parliament of Canada shall not be removable Within Five Years of
his Appointment, except for Cause assigned, which shall be
communicated to him in Writing within One Month after the Order
for his Removal is made, and shall be communicated by Message to
the Senate and to the House of Commons within One Week thereafter
if the Parliament is then sitting, and if not then within One
Week after the Commencement of the next Session of the
60. The Salaries of the Lieutenant Governors shall be
fixed and provided for by the Parliament of Canada.
61. Every Lieutenant Governor shall, before assuming
the Duties of his Office, make and subscribe before the Governor
General or some Person authorized by him Oaths of Allegiance and
Office similar to those taken by the Governor General.
62. The Provisions of this Act referring to the
Lieutenant Governor extend and apply to the Lieutenant Governor
for the Time being of each Province, or other the Chief Executive
Officer or Administrator for the Time being carrying on the
Government of the Province, by whatever Title he is designated.
63. The Executive Council of Ontario and of Quebec
shall be composed of such Person as the Lieutenant Governor from
Time to Time thinks fit, and in the first instance of the
following Officers, namely,--the Attorney General, the Secretary
and Registrar of the Province, the Treasurer of the Province, the
Commissioner of Crown Lands, and the Commissioner of Agriculture
and Public Works, with in Quebec, the Speaker of the Legislative
Council and the Solicitor General.
64. The Constitution of the Executive Authority in
each of the Provinces of Nova Scotia and New Brunswick shall,
subject to the Provisions of this Act, continue as it exists at
the Union until altered under the Authority of this Act.
65. All Powers, Authorities, and Functions which under
any Act of the Parliament of Great Britain, or of the Parliament
of the United Kingdom of Great Britain and Ireland, or of the
Legislature of Upper Canada, Lower Canada, or Canada, were or are
before or at the Union vested in or exerciseable by the
respective Governors or Lieutenant Governors of those Provinces,
with the Advice or Consent of the respective Executive Councils
thereof, or in conjunction with those Councils, or with any
Number of Members thereof, or by those Governors or Lieutenant
Governors individually, shall, as far as the same are capable of
being exercised after the Union in relation to the Government of
Ontario and Quebec respectively, with the Advice or with the
Advice and Consent of or in conjunction with the respective
Executive Councils, or any Members thereof, or by the Lieutenant
Governor individually, as the Case requires, subject nevertheless
(except with respect to such as exist under Acts of theParliament of Great Britain, or of the Parliament of the United
Kingdom of Great Britain and Ireland,) to be abolished or altered
by the respective Legislatures of Ontario and Quebec.
66. The Provisions of this Act referring to the
Lieutenant Governor in Council shall be construed as referring to
the Lieutenant Governor of the Province acting by and with the
Advice the Executive Council thereof.
67. The Governor General in Council may from Time to
Time appoint an Administrator to execute the office and Functions
of Lieutenant Governor during his Absence, Illness, or other
68. Unless and Until the Executive Government of any
Province otherwise directs with respect to that Province, the
Seats of Government of the Provinces shall be as follows,
namely,--of Ontario, the City of Toronto; of Quebec, the City of
Quebec; of Nova Scotia, the City of Halifax; and of New
Brunswick, the City of Fredericton.
69. There shall be a Legislature for Ontario
consisting of the Lieutenant Governor and of One House, styled
the Legislative Assembly of Ontario.
70. The Legislative Assembly of Ontario shall be
composed of Eighty-two Members, to be elected to represent the
Eighty-two Electoral Districts set forth in the First Schedule to
71. There shall be a Legislature for Quebec consisting
of the Lieutenant Governor and of Two Houses, styled the
Legislative Council of Quebec and the Legislative Assembly of
72. The Legislative Council of Quebec shall be
composed of Twenty-four Members, to be appointed by the
Lieutenant Governor, in the Queen's Name, by Instrument under the
Great Seal of Quebec, One being appointed to represent each of
the Twenty-four Electoral Divisions of Lower Canada in this Act
referred to, and each holding Office for the Term of his Life,
unless the Legislature of Quebec otherwise provides under the
Provisions of this Act.
73. The Qualifications of the Legislative Councillors
of Quebec shall be the same as those of the Senators for Quebec.
74. The Place of a Legislative Councillor of Quebec
shall become vacant in the Cases, mutatis mutandis, in which the
Place of Senator becomes vacant.
75. When a Vacancy happens in the Legislative Council
of Quebec by Resignation, Death, or otherwise, the Lieutenant
Governor, in the Queen's Name, by Instrument under the Great Seal
of Quebec, shall appoint a fit and qualified Person to fill the
76. If any Question arises respecting the
Qualification of a Legislative Councillor of Quebec, or a Vacancy
in the Legislative Council of Quebec, the same shall be heard and
determined by the Legislative Council.
77. The Lieutenant Governor may from Time to Time, by
Instrument under the Great Seal of Quebec, appoint a Member of
the Legislative Council of Quebec to be Speaker thereof, and may
remove him and appoint another in his Stead.
78. Until the Legislature of Quebec otherwise
provides, the Presence of at least Ten Members of the Legislative
Council, including the Speaker, shall be necessary to constitute
a Meeting for the Exercise of its Powers.
79. Questions arising in the Legislative Council of
Quebec 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.
80. The Legislative Assembly of Quebec shall be
composed of Sixty- five Members, to be elected to represent the
Sixty-five Electoral Divisions or Districts of Lower Canada in
this Act referred to, subject to Alteration thereof by the
Legislature of Quebec: Provided that it shall not be lawful to
present to the Lieutenant Governor of Quebec for Assent any Bill
for altering the Limits of any of the Electoral Divisions or
Districts mentioned in the Second Schedule to this Act, unless
the Second and Third Readings of such Bill have been passed in
the Legislative Assembly with the Concurrence of the Majority of
the Members representing all those Electoral Divisions or
Districts, and the Assent shall not be given to such Bill unless
an Address has been presented by the Legislative Assembly to the
Lieutenant Governor stating that it has been so passed.
3. ONTARIO AND QUEBEC
82. The Lieutenant Governor of Ontario and of Quebec
shall from Time to Time, in the Queen's Name, by Instrument under
the Great Seal of the Province, summon and call together the
Legislative Assembly of the Province.
83. Until the Legislature of Ontario or of Quebec
otherwise provides, a Person accepting or holding in Ontario or
in Quebec any Office, Commission, or Employment, permanent or
temporary, at the Nomination of the Lieutenant Governor, to which
annual Salary, or Fee, Allowance, Emolument, or Profit of any
Kind or Amount whatever from the Province is attached, shall not
be eligible as a Member of the Legislative Assembly of the
respective Province, nor shall he sit or vote as such; but
nothing in this Section shall make ineligible any Person being a
member of the Executive Council of the respective Province, or
holding any of the following Offices, that is to say, the Offices
of Attorney General, Secretary and Registrar of the Province,
Treasurer of the Province, Commissioner of Crown Lands, and
Commissioner of Agriculture and Public Works, and in Quebec
Solicitor General, or shall disqualify him to sit or vote in the
House for which he is elected, provided he is elected while
holding such Office.
84. Until the Legislatures of Ontario and Quebec
respectively otherwise provide, all Laws which at the Union are
in force in those Provinces respectively, 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 Assembly of Canada, the Qualifications and
Disqualifications of Voters, the Oaths to be taken by Voters, the
Returning Officers, their Powers and Duties, the Proceedings atElections, the Periods during which such Elections may be
continued, and the Trial of controverted Elections and the
Proceedings incident thereto, the vacating of Seats of Members
and the issuing and execution of new Writs in case of Seats
vacated otherwise than by Dissolution, -- shall respectively
apply to Elections of Members to serve in the respective
Legislative Assemblies of Ontario and Quebec.
Provided that, until the Legislature of Ontario otherwise
provides, at any Election for a Member of the Legislative
Assembly of Ontario 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.
85. Every Legislative Assembly of Ontario and every
Legislative Assembly of Quebec shall continue for Four Years from
the Day of the Return of the Writs for choosing the same (subject
nevertheless to either the Legislative Assembly of Ontario or the
Legislative Assembly of Quebec being sooner dissolved by the
Lieutenant Governor of the Province), and no longer.
86. There shall be a Session of the Legislature of
Ontario and of that of Quebec once at least in every Year, so
that Twelve Months shall not intervene between the last Sitting
of the Legislature in each Province in one Session and its first
Sitting in the next Session.
87. The following Provisions of this Act respecting
the House of Commons of Canada shall extend and apply to the
Legislative Assemblies of Ontario and Quebec, that is to say, --
the Provisions relating to the Election of a Speaker originally
and on Vacancies, the Duties of Speaker, the Absence of the
Speaker, the Quorum, and the Mode of voting, as if those
Provisions were here re-enacted and made applicable in Terms to
each such Legislative Assembly.
4. NOVA SCOTIA AND NEW BRUNSWICK
88. The Constitution of the Legislature of each of the
Provinces of Nova Scotia and New Brunswick shall, subject to the
Provision of this Act, continue as it exists at the Union until
altered under the Authority of this Act.
6. THE FOUR PROVINCES
90. The following Provisions of this Act respecting
the Parliament of Canada, namely,-- the Provisions relating to
Appropriation and Tax Bills, the Recommendation of Money Votes,
the Assent to Bills, the Disallowance of Acts, and the
Signification of Pleasure on Bills reserved,--shall extend and
apply to the Legislatures of the several Provinces as if those
Provisions were here re-enacted and made applicable in Terms to
the respective Provinces and the Legislatures thereof, with the
Substitution of the Lieutenant Governor of the Province for the
Governor General, of the Governor General for the Queen and for a
Secretary of State, of One Year for Two Years, and of the
Province for Canada.
Constitution Act 1867