Section 89 of the Constitution Act, 1867

Main article: Constitution Act, 1867

Royal Proclamation which brought the Act into force on July 1, 1867

Section 89 of the Constitution Act, 1867 (French : article 89 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to the first elections after Confederation in the provinces of Ontario, Quebec and Nova Scotia.

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 Originally enacted in 1867 by the British Parliament under the title the British North America Act, 1867, ^[4] in 1982 the Act was brought under full Canadian control through the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 89

Section 89 reads:

First Elections
89 Each of the Lieutenant Governors of Ontario, Quebec, and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District. ^[7]

Section 89 is found in Part V of the Constitution Act, 1867, dealing with provincial constitutions. It has not been amended since the Act was enacted in 1867.

Purpose and interpretation

Section 89 provided the mechanism for elections in the two new provinces of Ontario and Quebec, and also required an election in the existing province of Nova Scotia. The Lieutenant Governors of each province were to issue writs for the general elections, which were held concurrently with the elections for the new federal Parliament, and at the same voting locations. That approach would minimise confusion in the elections for the new governments.

The provinces of Ontario and Quebec were created by the Constitution Act, 1867 , replacing the old Province of Canada. Since the Parliament of the Province of Canada no longer existed, elections were necessary for the new legislatures of Ontario and Quebec. Section 81 of the Act required that the new provincial legislatures meet within six months of the union, which occurred on July 1, 1867.

Nova Scotia was included in the provision because the previous election for the Nova Scotia House of Assembly had been held in May 1863, and by law the Assembly lasted for four years. ^{[8] [9]}

New Brunswick was not included in the provision because there had been a general election in May and June of 1866, ^[10] so there was no need for an immediate election in that province.

The 1867 federal election was spread over several weeks, as had been the practice in the Province of Canada, rather than being held on a single day. The federal election period ran from August 7 to September 20, 1867. ^[11] Quebec also held its first election during the months of August and September, ^[12] but the Ontario general election was instead held on a single day, September 3, 1867. ^[13] The Nova Scotia election was also held on a single day, September 18, 1867. ^[8]

Related provisions

Section 69 of the Act created the Legislature of Ontario.

Section 71 of the Act created the Legislature of Quebec.

Section 81 of the Act required the Legislatures of Ontario and Quebec to be summoned within six months of the date of the union, which occurred on July 1, 1867.

Section 88 of the Act continued the existing Legislature of Nova Scotia.

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. 89.
8. Nova Scotia Legislature: Election and Dissolution Dates.
9. Of the Duration of and Representation in the General Assembly , RSNS (3rd series) 1864, c. 3, s. 2.
10. Journal of the House of Assembly of the Province of New Brunswick, June 21, 1866, p. 77.
11. Marc Bosc and André Gagnon (eds.), House of Commons Procedure and Practice (3rd ed., 2017), Appendix 10: General Election Results Since 1867.
12. Assemblée Nationale du Québec — Les élections générales.
13. Elections Ontario: 100–Year Anniversary: 1867 Ontario's first election.