New fields and areas that arise — e. The federal power of peace, order and good government embraces such areas. For example, during an epidemic , authority over day-to-day health care can shift from the provinces to the federal government.
In wartime, virtually all provincial powers may come under federal control. In , the Supreme Court of Canada decided that Parliament also possesses what amounts to a peacetime emergency power; this allows it to impose national wage and price controls to combat serious national inflation.
See also Anti-Inflation Act Reference. Unlike the US constitution, which treats all states as equal, the Constitution Act, does not suggest that all provinces are constitutionally equal.
For example, the Prairie provinces, unlike the original four provinces of Confederation , did not possess rights to their natural resources for 25 years after becoming provinces. Judicial decisions have had a substantial effect on provincial and federal powers. These judges often favoured provincial powers when they came into conflict with federal powers.
These included areas such as property law and civil rights ; peace, order and good government ; and the regulation of trade and commerce. The British judges sought to offset the excessive centralism they perceived in the BNA Act such as the federal veto over any provincial statute in section 90 while still preserving a viable federal system.
Since , the Supreme Court of Canada has pursued a more centralist interpretation. In , the lack of a domestic amending formula in the BNA Act led to a constitutional crisis. Prime Minister Pierre Trudeau tried to patriate the Constitution from Britain without provincial consent.
In September , the Supreme Court decided that his proposal was unconstitutional. See Patriation Reference. The Constitution of Canada This infographic highlights key facts about the the Constitution Act, From the Canadian Constitution Foundation.
Confederation See a compilation of documents of key meetings that led up to the implementation of the British North America act. From openlibrary. Constitutional Acts to The complete texts of the Constitutional Acts to Marginal note: Command of Armed Forces to continue to be vested in the Queen. 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 the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the Members thereof.
There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first Sitting in the next Session. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators. In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions:.
In case of such Addition being at any Time made, the Governor General shall not summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators and no more.
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. Marginal note: Questions as to Qualifications and Vacancies in Senate. 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.
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. 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.
A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. John shall also be a separate Electoral District. 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 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.
The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly.
In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such Vacant District. The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to elect One of its Members to be Speaker.
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.
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.
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. 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. 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 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.
Where a Bill passed by the Houses of the 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.
Marginal note: Signification of Queen's Pleasure on Bill reserved. 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.
British North America Act, - Enactment no. Marginal note: Application of Provisions referring to the Queen. Marginal note: Declaration of Union.
Marginal note: Construction of subsequent Provisions of Act. Marginal note: Four Provinces. Marginal note: Provinces of Ontario and Quebec. A Country by Consent is a national history of Canada which studies the major political events that have shaped the country, presented in a cohesive, chronological narrative.
Many of these main events are introduced by an audiovisual overview, enlivened by narration, sound effects and music. This was the first digital, multimedia history of Canada. It started out as a laserdisc in and the CD-ROM version has been used in schools across the country. It has been approved as a curriculum-supporting resource by provincial and territorial ministries of education.
This online, public domain site is the fifth edition of the project. Home About Site Map Contact. Political Evolution in B. The Act included sections on the following: 1. The formation of Canada, including the date and the names of the four original provinces.
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