Section 126 of the Constitution Act, 1867

Last updated

Royal Proclamation which brought the Act into force on July 1, 1867 Proclamation Canadian Confederation.jpg
Royal Proclamation which brought the Act into force on July 1, 1867

Section 126 of the Constitution Act, 1867 (French : article 126 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to consolidated revenue funds of the provinces.

Contents

The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867 , the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.

Constitution Act, 1867

The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada. [1] It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s. [2] [3] The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces. Originally enacted in 1867 by the British Parliament under the name the British North America Act, 1867, [4] in 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was renamed the Constitution Act, 1867 . [5] Since Patriation the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982 . [6]

Text of section 126

Section 126 reads:

Provincial Consolidated Revenue Fund
126 Such Portions of the Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union Power of Appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special Powers conferred upon them by this Act, shall in each Province form One Consolidated Revenue Fund to be appropriated for the Public Service of the Province. [7]

Section 126 is found in Part VIII of the Constitution Act, 1867, dealing with revenues, debts, assets and taxation. It has not been amended since the Act was enacted in 1867.

Purpose and interpretation

At Confederation, a large part of provincial assets were transferred to the federal government, in exchange for the federal government assuming the existing provincial debts, and providing federal subsidies to the provinces. [8] Section 126 provides that each province is to maintain a consolidated revenue fund for all remaining provincial liquid assets, present and future. This approach was based on the financial reforms of the British government in the late 18th century, which created the consolidated fund of the British government. [9]

Section 102 of the Act is the federal equivalent to section 126, setting out the requirement for the federal consolidated revenue fund.

Each of the provinces maintains a consolidated revenue fund (or equivalent name) consistent with this section:

Related Research Articles

<span class="mw-page-title-main">Section 91 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 91 of the Constitution Act, 1867 is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867.

<span class="mw-page-title-main">Section 92 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 92 of the Constitution Act, 1867 is a provision in the Constitution of Canada that sets out the legislative powers of the legislatures of the provinces of Canada. The provincial powers in section 92 are balanced by the list of federal legislative powers set out in section 91 of the Constitution Act, 1867. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since Confederation of Canada in 1867.

<span class="mw-page-title-main">Section 125 of the Constitution Act, 1867</span> Provision of the Canadian Constitution

Section 125 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to taxation immunities of the federal and provincial governments. The section provides that the property of the provincial and federal governments are not subject to taxation.

<span class="mw-page-title-main">Section 93A of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 93A of the Constitution Act, 1867 is a provision of the Constitution of Canada, extinguishing the right to publicly funded denominational and separate schools in the province of Quebec. It was enacted as a bilateral constitutional amendment in 1997.

<span class="mw-page-title-main">Section 94A of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 94A of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to old age pensions and supplemental benefits. It was originally added to the Constitution Act, 1867 in 1951, dealing with old age pensions. It was expanded by a further constitutional amendment in 1964 to include supplemental benefits, such as disability benefits and benefits for young survivors of pensioners.

<span class="mw-page-title-main">Section 95 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 95 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to federal and provincial legislative jurisdiction over agriculture and immigration.

<span class="mw-page-title-main">Section 97 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 97 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the qualifications for judges of the provincial superior, district and county courts in the common law provinces.

<span class="mw-page-title-main">Section 98 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 98 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the qualifications for judges of the provincial superior, district and county courts in the province of Quebec.

<span class="mw-page-title-main">Section 100 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 100 of the Constitution Act, 1867 is a provision of the Constitution of Canada requiring the federal Parliament to fix and provide for the salaries for judges of the provincial superior, district and county courts.

<span class="mw-page-title-main">Section 101 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 101 of the Constitution Act, 1867 is a provision of the Constitution of Canada giving the federal Parliament the power to create the Supreme Court of Canada and the federal courts. Although Parliament created the Supreme Court by an ordinary federal statute in 1875, the Court is partially entrenched by the amending formula set out in the Constitution Act, 1982. The composition of the Court can only be changed by a unanimous constitutional amendment, passed by the two houses of Parliament, and all of the provincial legislative assemblies.

Section 3 of the <i>Constitution Act, 1867</i> Provision of the Constitution of Canada

Section 3 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the union of the original three provinces into Canada. Under the authority of this section, Queen Victoria issued the Proclamation of the Constitution Act, 1867, which brought the Act into force on July 1, 1867, creating Canada.

<span class="mw-page-title-main">Section 21 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 21 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the composition of the Senate of Canada. The section sets out the total number of senators, currently set at 105. Section 21 originally provided that the Senate would be composed of 72 senators, but that number has gradually increased as new provinces and territories joined Confederation.

<span class="mw-page-title-main">Section 37 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 37 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the composition of the House of Commons, the lower house of the federal Parliament of Canada.

<span class="mw-page-title-main">Section 53 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 53 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to taxation and appropriation statutes.

<span class="mw-page-title-main">Section 69 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 69 of the Constitution Act, 1867 is a provision of the Constitution of Canada creating the Legislature of the province of Ontario, which did not exist prior to 1867. The Constitution Act, 1867 created Ontario, including the institutions of the new provincial government, such as the Legislature.

<span class="mw-page-title-main">Section 102 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 102 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the financial administration of the Government of Canada.

<span class="mw-page-title-main">Section 145 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 145 of the Constitution Act, 1867 is a repealed provision of the Constitution of Canada which required the federal government to build a railway connecting the River St. Lawrence with Halifax, Nova Scotia.

<span class="mw-page-title-main">Section 146 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 146 of the Constitution Act, 1867 is a provision of the Constitution of Canada authorising the expansion of Canada by admitting British Columbia, Newfoundland, Prince Edward Island, Rupert's Land, and the North-Western Territory into Canada.

<span class="mw-page-title-main">Section 147 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 147 of the Constitution Act, 1867 is a provision of the Constitution of Canada dealing with the representation of Prince Edward Island and Newfoundland in the Senate of Canada, in the event either of those two colonies joined Canada after 1867.

<span class="mw-page-title-main">Section 52 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 52 of the Constitution Act, 1867 is a provision of the Constitution of Canada which gives the federal Parliament the power to increase the number of members in the House of Commons, provided any increase respects the principle of proportionate provincial representation in the House of Commons.

References

  1. ↑ Constitution Act, 1982, s. 52(1).
  2. ↑ Donald Creighton, The Road to Confederation (Toronto: Macmillan Publishing, 1864; revised ed., Oxford, Oxford University Press, 2012.)
  3. ↑ Christopher Moore, 1867 — How the Fathers Made a Deal (Toronto: McClelland & Stewart, 1997).
  4. ↑ British North America Act, 1867, 30 & 31 Victoria, c. 3 (UK).
  5. ↑ Constitution Act, 1982, s. 52, s. 53, and Schedule, Item 1.
  6. ↑ Constitution Act, 1982, Part V.
  7. ↑ Constitution Act, 1867, s. 126.
  8. ↑ Creighton, Road to Confederation, p. 168.
  9. ↑ W.H. McConnell, Commentary on the British North America Act (Toronto: MacMillan of Canada, 1977), p. 341.
  10. ↑ Financial Administration Act , RSA 2000, c. F-12, s. 14.
  11. ↑ Financial Administration Act , RSBC 1996, c. 138, s. 12.
  12. ↑ The Financial Administration Act , CCSM , c. F55, s. 15.
  13. ↑ Financial Administration Act , RSNB 2011, c. 160, s. 1.
  14. ↑ Financial Administration Act , RSNL 1990, c. F-8, s. 12.
  15. ↑ Finance Act , SNS 2010, c. 2, s. 13
  16. ↑ Financial Administration Act , RSO 1990, c. F.12, s. 1(1).
  17. ↑ Financial Administration Act , RSPEI 1988, c. F-9, s. 20.
  18. ↑ Financial Administration Act , RSQ , c. A-6, s. 5.
  19. ↑ The Financial Administration Act, 1993 , SS 1993, c. F-13.4, s. 19.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.