Provincial legislature

“ A provincial legislature shall have full power to control, regulate and dispose of its internal affairs and shall have all such other powers, privileges and immunities as may, subject to this Constitution, be prescribed by a law of such legislature. ”

“ A member of an Executive Council of a province shall be accountable individually both to the Premier and the provincial legislature of the province for the administration of the portfolio allocated to him or her, and all members of an Executive Council shall correspondingly be accountable collectively for the performance of the functions of the provincial government and for its policies. ”

“ If a provincial legislature passes a vote of no confidence in the Executive Council, including the Premier, the Premier shall, unless he or she resigns, dissolve such legislature and call an election in accordance with section 129. ”

“ A provincial legislature shall consist of not fewer than 30 and not more than 100 members elected in accordance with the system of proportional representation of voters provided for in Schedule 2 and the Electoral Act, 1993. ”

“ For their creation, they are equally obliged to both the other branches; so that there is little or no bias in favor of either; if any, it is in favor of the prerogative. In short, it is not easy, without an hereditary nobility, to constitute a council more independent, more nearly resembling the house of lords, than the council of this province has ever been by charter.
But perhaps it will be said, that we are to enjoy the British constitution in our supreme legislature, the parliament, not in our provincial legislatures. ”

“ Parliament or a provincial legislature shall not encroach on the powers, functions and structure of a local government to such an extent as to compromise the fundamental status, purpose and character of local government. ”

“ Instead of provincial legislature, we have our one parliamentary centre, instead of treating our own local matters ourselves, we hale them up before a central bureaucracy—a bureaucracy already so overcrowded with business that it is absolutely and practically unable to deal with all the questions which come up for settlement. ”

“ An Act of Parliament and a provincial law shall be construed as being consistent with each other, unless, and only to the extent that, they are, expressly or by necessary implication, inconsistent with each other.
(6) A provincial legislature may recommend to Parliament the passing of any law relating to any matter in respect of which such legislature is not competent to make laws or in respect of which an Act of Parliament prevails over a provincial law in terms of subsection (3) . ”

“ Notwithstanding anything in this Act, the Governor-General may, with the consent of the Government of a Province or the Ruler of a Federated State, entrust either conditionally or unconditionally to that Government or Ruler, or to their respective officers, functions in relation to any matter to which the executive authority of the Federation extends.
(2) An Act of the Federal Legislature may, notwithstanding that it relates to a matter with respect to which a Provincial Legislature has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof. ”

“ Then we go up higher to the provincial organisations governed by a lieutenant-governor, nominated and removable by the government of the Dominion, and advised by a council responsible to the people's representatives, with a legislature composed, in only two of the provinces, of two houses—a council appointed by the Crown, and an elective assembly; in all the other provinces, there is simply an assembly {428} chosen by the people on a very liberal franchise, manhood suffrage in the majority of cases. ”

“ On the contrary, there is no institution which works more admirably in the federation—in the general as well as provincial governments—than the principle of making the ministry responsible to the popular branch of the legislature, and in that way keeping the executive and legislative departments in harmony with each other, and preventing that conflict of authorities which is a distinguishing feature of the very opposite system that prevails in the federal republic. ”

“ If the numbers or boundaries of provinces are altered pursuant to section 124, the Commission shall review the determinations made in terms of items 2 and 10, and such revised determinations shall then be the basis of any elections for the National Assembly or the provincial legislatures held after any such alteration. ”

“ The Canadian term “Province” is prior in time within the Empire; but it might be misleading to readers unacquainted with Canadian affairs, as tending to suggest merely administrative functions like those of a County Council: a body which has many important duties and some delegated legislative authority, but cannot reasonably be called autonomous. A federal constitution must assign some legislative powers exclusively to the federal legislature, and it may reserve or assign others exclusively to the State legislatures. ”

“ That the legislative business of Upper Canada cannot, without great and unavoidable delays, difficulties, and embarrassments, be carried on at the distance of several hundred miles where the Legislature, if united, must probably meet, from the public records, and the sources of information relative to many of the public affairs of the Province, on which they may be called upon to decide. ”

“ Under our third division the narrower political history of our Province begins, the introduction of constitutional government—the work of the legislature, some of whose early records are lost, the outbreak of the War of 1812, the progress of settlement, and the development of municipal and commercial institutions, the restiveness leading to the rising of 1837, and the concessions made to responsible government. ”

“ The reforms were not until a later date completed by the consolidation of the two Provinces, which directed the energies of the two races into the management of their common affairs, and so ended the discord which had nearly ruined Lower Canada. But both Provinces were separately endowed with responsible government. Full control was given over revenue, Ministers were made responsible to the Legislature, and the nominated Houses were abolished. ”

“ In short, though a legislative body, the provincial council exercises no authority which Parliament cannot revoke. There is no separate judiciary, or police force, or civil service, nor any separate departments of general government. Moreover, harbours and railways are under the control of the Union Parliament. ”

“ Here there are no Crown funds, and the salaries of the public officers, from the governor downwards, are voted by the elected representatives, though the higher Executive appointments, with some exceptions, are in the gift and under the control not of the Legislature but of the Crown. In this and in other instances, where local conditions, including the fact of an overwhelming preponderance of coloured men over white, have made for a compromise, a system, illogical in theory and unsound in practice, has, by mutual forbearance, continued to work, though not always without friction. ”

“ By the charter of this province, the legislative power is in the Governor, who is appointed by the King, the Council and House of Representatives. The legislative of any commonwealth must be the supreme power. But if any edict or instruction of any body else, in what form soever conceiv'd, or by what power soever backed, can have the force and obligation of a law in the province which has not its sanction from that legislative, it cannot be the supreme power. Its laws however salutary, are liable at any time to be abrogated at the pleasure of a superior power. ”

“ The bill passed for that purpose in 1879 will shortly be proclaimed, care being taken that the people of that important province shall not be left without legislation, at a time when a legislature in which they are not at present represented is actually in session. ”

“ The most important feature in it was the division of the province into two parts, as Upper and Lower Canada, and the establishment of a distinct local Legislature for each division, a House of Assembly being created in each, and a Council, so as, in Pitt's words, "to give both divisions the full advantages of the British constitution." The Assemblies were to have the power of taxation (so that there was no room left for such perverse legislation by a British Parliament as had lately cost its sovereign the United States) . ”

“ He forms his cabinet out of the party in majority in the elective Assembly. Each province has an elective Assembly, and most of them have two Houses, one of which is a Senate appointed for life. The provincial cabinet has a premier, who is the leader of the House, and the Opposition is represented by a recognized leader. The Government is as responsible as the Federal Government. This organization of recognized and responsible leaders greatly facilitates the despatch of public business. Affairs are brought to a direct issue ”

“ That the head of the provincial executive {120} government of the province, being within the limits of his government the representative of the Sovereign, is not constitutionally responsible to any other than the authority of the Empire. ”

“ All that is needful is to give a sufficiently large sphere of action to the local authorities. Under one and the same central government there may be local governors, and provincial assemblies for local purposes. It may happen, for instance, that the people of different provinces may have preferences in favor of different modes of taxation. ”

“ The provincial council was for the whole state; the district committee for the safety of each district, and the county and town committees for each county and town.
It was through the thought, loyalty and enduring bravery of the men who constituted these committees, that we of today have a constitution that gives us "life, liberty and the pursuit of happiness"—in whatever manner pleases us, so long as it does not trespass on another's well being.
We do not give half the honor we should to our ancestry, who have done so much for us! ”

“ The most prevalent idea in the principal States seems to be a total alteration of the present federal system, and substituting a great national council or parliament, consisting of two branches of the legislature, founded upon the principles of equal proportionate representation, with full legislative powers upon all the subjects of the Union; and an executive: and to make the several State legislatures subordinate to the national, by giving the latter the power of a negative upon all such laws as they shall judge contrary to the interest of the federal Union ... ”

“ Under the constitution, the provinces retain all the powers not delegated to the federal government. Each province has its own constitution, which must be republican in form and in harmony with that of the nation. Each elects its governor, legislators and provincial functionaries of all classes, without the intervention of the federal government. Each has its own judicial system, and enacts laws relating to the administration of justice, the distribution and imposition of taxes, and all matters affecting the province. ”

“ The convention was composed of men who were altogether loyal. To upset the government of the province or to get rid of imperial authority was never contemplated. All that the members of convention desired was the repeal of several grievances, and they meant only to petition the Regent for their removal. The executive influence in the legislature was overwhelming and mischievous. The governor had not only the disposal of every civil office, and of every civil and military commission, but of land to a boundless extent. ”

“ A legislative union would imply a complete incorporation of the Provinces included in it under one legislature, exercising universal and sole legislative authority over all of them, in exactly the same manner as the Parliament legislates alone for the whole of the British Isles. ”