CRIM 135 Lecture Notes - New Economics Foundation, Unemployment Benefits
31 May 2018
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Constitution Act, 1867
30 & 31 Victoria, c. 3. (U.K.)
(Consolidated with amendments)
An Act for the Union of Canada, Nova Scotia, and New Brunswick,
and the Government thereof; and for Purposes connected therewith
[29th March 1867.]
Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their
Desire to be federally united into One Dominion under the Crown of the United Kingdom of
Great Britain and Ireland, with a Constitution similar in Principle to that of the United
Kingdom:
And whereas such a Union would conduce to the Welfare of the Provinces and promote the
Interests of the British Empire:
And whereas on the Establishment of the Union by Authority of Parliament it is expedient,
not only that the Constitution of the Legislative Authority in the Dominion be provided for,
but also that the Nature of the Executive Government therein be declared:
And whereas it is expedient that Provision be made for the eventual Admission into the
Union of other Parts of British North America: (1)
VI.
DISTRIBUTION OF
LEGISLATIVE
POWERS
POWERS OF THE PARLIAMENT
Legislative Authority of
Parliament of Canada
91.
It shall be lawful for the Queen, by and with the Advice and
Consent of the Senate and House of Commons, 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
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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
the Parliament of Canada extends to all Matters coming
within the Classes of Subjects next hereinafter enumerated;
that is to say,
1.
Repealed. (44)
1A.
The Public Debt and Property. (45)
2.
The Regulation of Trade and Commerce.
2A.
Unemployment insurance. (46)
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 of Marine Hospitals.
12.
Sea Coast and Inland Fisheries.
13.
Ferries between a Province and any British or
Foreign Country or between 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.
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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 of 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 not be deemed 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. (47)
EXCLUSIVE POWERS OF PROVINCIAL
LEGISLATURES
Subjects of exclusive
Provincial Legislation
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,
1.
Repealed. (48)
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
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Document Summary
30 & 31 victoria, c. 3. (u. k. ) (consolidated with amendments) An act for the union of canada, nova scotia, and new brunswick, and the government thereof; and for purposes connected therewith. Whereas the provinces of canada, nova scotia, and new brunswick have expressed their. Desire to be federally united into one dominion under the crown of the united kingdom of. Great britain and ireland, with a constitution similar in principle to that of the united. And whereas such a union would conduce to the welfare of the provinces and promote the. And whereas it is expedient that provision be made for the eventual admission into the. Union of other parts of british north america: (1) It shall be lawful for the queen, by and with the advice and. Consent of the senate and house of commons, to make. Laws for the peace, order, and good government of. Canada, in relation to all matters not coming within the.
