99-538: His Majesty's Loyal Opposition Other parties The Legislative Assembly of Ontario ( OLA ; French : Assemblée législative de l'Ontario ) is the legislative chamber of the Canadian province of Ontario . Its elected members are known as Members of Provincial Parliament (MPPs). Bills passed by the Legislative Assembly are given royal assent by the lieutenant governor of Ontario to become law. Together,
198-525: A coalition government with the support of moderate Liberals . John Stevenson served as the first speaker for the assembly. Its first session ran from September 3, 1867, until February 25, 1871, just prior to the 1871 general election . The Legislature has been unicameral since its inception, with the Assembly currently having 124 seats (increased from 107 as of the 42nd Ontario general election ) representing electoral districts ("ridings") elected through
297-603: A first-past-the-post electoral system across the province. In 1938, the title of Member of the Legislative Assembly was officially changed to Member of Provincial Parliament. Previously, multiple terms were unofficially used in the media and in the Legislature. Ontario uses the same boundaries as those at the federal level for its Legislative Assembly in Southern Ontario , while seats in Northern Ontario correspond to
396-622: A preamble . Part I consists of just one extant section. Section 1 gives the short title of the act as Constitution Act, 1867 . Section 2 , repealed in 1893, originally stated that all references to the Queen (then Victoria ) equally apply to all her heirs and successors. The act established the Dominion of Canada by uniting the North American British "Provinces" (colonies) of Canada, New Brunswick, and Nova Scotia. Section 3 established that
495-463: A specific bill or issue which would otherwise monopolize the time of the standing committees. A committee which exists for the duration of a parliamentary session. This committee examines and reports on the general conduct of activities by government departments and agencies and reports on matters referred to it by the house, including proposed legislation. Select committees are set up specifically to study certain bills or issues and according to
594-532: A time to the Senate, divided among the divisions, but according to section 27 no more senators can then be appointed until, by death or retirement, the number of senators drops below the regular limit of 24 per division. The maximum number of senators was set at 113, in Section 28. Senators are appointed for life (meaning until age 75 since 1965), under Section 29, though they can resign under Section 30 and can be removed under
693-693: A tradition of judicial independence , the Supreme Court ruled in the Provincial Judges Reference of 1997 that the preamble shows judicial independence in Canada is constitutionally guaranteed. Political scientist Rand Dyck criticized the preamble in 2000, saying it was "seriously out of date". He claimed the act "lacks an inspirational introduction". The preamble to the act is not the Constitution of Canada's only preamble. The Charter also has
792-642: Is in a delimited federal competency like those listed under section 91 (see e.g. AG Canada v AG Ontario (Labour Conventions) , [1937] AC 326 (PC)). In 2019, the Saskatchewan Court of Appeal sided with the federal government in a 3–2 split on the Greenhouse Gas Pollution Pricing Act , allowing an expansion of the federal government's taxation power over the provinces in the wake of the climate change crisis, concurrently as Parliament joined with other national legislatures in declaring that
891-469: Is studded with the provincial gemstone, the amethyst . The griffin , an ancient symbol of justice and equity, holds a calumet , which symbolizes the meeting of spirit and discussion that Ontario's First Nations believe accompanies the use of the pipe. The deer represent the natural riches of the province. The Loyalist coronets at their necks honour the original British settlers in Ontario who brought with them
990-837: Is used in the Standing Orders of the House of Commons . The Official Opposition is sometimes also referred to as the Loyal Opposition to express the idea that, although the group may be against the sitting government, it remains loyal to the Crown (the embodiment of the Canadian state) and thus to Canada. Former leader of the Official Opposition, Michael Ignatieff , explains: "The opposition performs an adversarial function critical to democracy itself… Governments have no right to question
1089-682: The Liberals won every seat in the 51st New Brunswick Legislative Assembly . To ensure the proper functioning of the parliamentary system, Premier Frank McKenna named several members of his own caucus, led by Camille Thériault , to serve as the Official Opposition. The government also allowed the Progressive Conservative Party , which finished second place in the election in the number of votes received, to submit written questions to ministers during Question Period. The Official Opposition party has advantages over other opposition parties in
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#17330945585341188-597: The National Assembly of Quebec . The current assembly was elected on June 2, 2022 , as part of the 43rd Parliament of Ontario . Owing to the location of the Legislative Building on the grounds of Queen's Park , the metonym "Queen's Park" is often used to refer to both the provincial government and the Legislative Assembly. In accordance with the traditions of the Westminster system, most laws originate in
1287-614: The Northwest Territories do not have Official Opposition in their respective legislatures. Constitution Act, 1867 [REDACTED] Canada portal The Constitution Act, 1867 ( French : Loi constitutionnelle de 1867 ), originally enacted as the British North America Act, 1867 ( BNA Act ), is a major part of the Constitution of Canada . The act created a federal dominion and defines much of
1386-532: The Official Opposition (French: Opposition officielle ), is usually the second-largest party (or group of parties) in the House of Commons . Typically, it is the largest party of the parliamentary opposition , which is composed of members of Parliament (MPs) who are not in government. The Official Opposition is viewed as the caucus tasked with keeping the government in check. It is also generally viewed as
1485-611: The Ontario Progressive Conservative Party had the largest caucus but were relegated to official opposition not long after the 1985 election, as their minority government was defeated on a motion of non-confidence. The Ontario Liberal Party , the second largest party, governed from 1985 to 1987 with supply provided by the Ontario New Democratic Party . In 1993, the Reform Party challenged whether
1584-632: The Province of Canada (which later became Ontario and Quebec ) have requested to form "one Dominion ...with a Constitution similar in Principle to that of the United Kingdom ". This description of the Constitution has proven important in its interpretation. As Peter Hogg wrote in Constitutional Law of Canada , some have argued that, since the United Kingdom had some freedom of expression in 1867,
1683-553: The Province of Canada into two new provinces, with the portion then called Canada West becoming Ontario. As such, the 1st Parliament of Ontario was one of the three legislative bodies succeeding the Legislative Assembly of the Province of Canada 's 8th Parliament . The first election in 1867 produced a tie between Conservatives led by John Sandfield Macdonald and the Liberals led by Archibald McKellar . Macdonald led
1782-518: The Quebec sovereigntist Bloc Québécois could hold the position of official opposition. The Speaker ruled in favour of the Bloc, as they held two more seats than Reform. During the Bloc's time as the official opposition, Quebec issues on national unity dominated Question Period, often to the irritation of the other opposition parties (indeed, Reform was the only other caucus that met official party status , with
1881-569: The Senate of Canada ), as created by section 17. Section 18 defines its powers and privileges as being no greater than those of the British parliament . Section 19 states that Parliament's first session must begin six months after the passage of the act. The Senate has 105 senators (Section 21), most of whom represent (Section 22) one of four equal divisions: Ontario, Quebec, the Maritime Provinces and
1980-580: The United Kingdom . Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources . The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government Thereof; and for Purposes Connected Therewith." The act begins with a preamble declaring that the three provinces New Brunswick , Nova Scotia , and
2079-491: The exclusive jurisdiction of a section 96 court. To validate the jurisdiction of a federal or provincial tribunal it must satisfy a three-step inquiry first outlined in Reference Re Residential Tenancies Act (Ontario) . The tribunal must not touch upon what was historically intended as the jurisdiction of the superior court. The first stage of inquiry considers what matters were typically exclusive to
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#17330945585342178-632: The lieutenant governors of the provinces, either alone or by the advice of the provincial executive councils. To the extent the pre-Confederation statutory powers now came within federal jurisdiction, they could be exercised by the Governor General, either with the advice of the Privy Council or alone. Section 13 defines the Governor General in Council as the governor general acting with the advice of
2277-428: The provincial cabinet (government bills) and are passed by the legislature after multiple rounds of debate and decision-making. Backbench legislators may introduce private legislation ( private-member bills ) or amend bills presented to the legislature by cabinet, playing an integral role in scrutinizing bills both at the debate as well as committee stages. In the Ontario legislature, this confrontation provides much of
2376-452: The seats of government of the first four provinces (Ontario, Quebec, Nova Scotia, New Brunswick), but also allows those provinces to change their seats of government. Sections 69 and 70 establishes the Legislature of Ontario, comprising the lieutenant governor and the Legislative Assembly of Ontario , and Sections 71 to 80 establishes the Parliament of Quebec , which at the time comprised
2475-471: The British parliamentary form of government. The royal crowns (left 1992, right 1792) recognize the parliamentary bicentennial and represent Ontario's heritage as a constitutional monarchy. They were granted as a special honour by Her Majesty Queen Elizabeth II on the recommendation of the Governor General. In the base, the maple leaves are for Canada, the trilliums for Ontario and the roses for York (now Toronto),
2574-502: The Clerk of the Legislative Assembly, Sergeant-at-Arms , executive director of Administrative Services, and executive director of Legislative Library, Research and Information Services. The Clerk of the Legislative Assembly of Ontario is the chief permanent officer of the Legislative Assembly, with the rank and status of a Deputy Minister, responsible for administering the legislature and advising MPPs on questions of procedure or interpretation of
2673-525: The Commons under Section 53 and must be proposed by the governor general (i.e. the government) under section 54. Sections 55, 56, and 57 allow the governor general to assent to in the Queen's name, withhold assent to or "reserve" for the "signification of the Queen's pleasure" any bill passed by both houses. Within two years of the governor general's royal assent to a bill, the Queen-in-Council may disallow
2772-502: The Commons, under Section 37, consists of 308 members : 106 for Ontario, 75 for Quebec, 11 for Nova Scotia, 10 for New Brunswick, 14 for Manitoba, 36 for British Columbia, 4 for Prince Edward Island, 28 for Alberta, 14 for Saskatchewan, 7 for Newfoundland and Labrador, 1 for Yukon, 1 for the Northwest Territories, and 1 for Nunavut. The House is summoned by the governor general under Section 38. Section 39 forbids senators to sit in
2871-407: The Commons. Section 41 divides the provinces in electoral districts and Section 41 continues electoral laws and voting qualifications of the time, subject to revision. Section 44 allows the house to elect its own speaker and allows the House to replace the speaker in the case of death (Section 45) or prolonged absence (47). A speaker is required to preside at all sittings of the House (46). Quorum for
2970-551: The Crown and the Indigenous peoples of the Great Lakes basin together in a familial relationship, a relationship that exists to this day, exemplified by First Nations attendance at the coronation of King Charles III . Treaty rights would be incorporated into the 1982 Constitution. Section 91(27) gives Parliament the power to make law related to the "criminal law, except the constitution of courts of criminal jurisdiction, but including
3069-517: The Crown are expected to be Members of the Assembly. When a political party comes to power it will usually place its more experienced parliamentarians into the key cabinet positions, where their parliamentary experience may be the best preparation for the rough and tumble of political life in government. The Legislative Assembly was established by the British North America Act, 1867 (later re-titled Constitution Act, 1867 ), which dissolved
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3168-610: The Government of Canada on behalf and in the Name of the Queen". Section 11 creates the King's Privy Council for Canada . Section 12 states that the statutory powers of the executives of the former provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, and New Brunswick continue to exist, until modified by subsequent legislation. To the extent those pre-Confederation statutory powers now came within provincial jurisdiction, they could be exercised by
3267-472: The House or the Official Opposition party wins a general election, the party is ready to become the government. The current Official Opposition is the caucus of the Conservative Party , assuming the role following the 2015 federal election . The Opposition is led by Pierre Poilievre , who became Conservative leader following the 2022 leadership election . The formal title of "Official Opposition"
3366-506: The House. They are assigned to speak first after the government, and receive more time in question period than other opposition parties. It also gets more office space, funding for research, and a larger staff than other parties. The leader of the Opposition has an official residence in Ottawa known as Stornoway and the salary and similar privileges to those of a cabinet minister. Additionally,
3465-508: The Indians". Aboriginal Affairs and Northern Development Canada (AANDC), formerly known as Indian and Northern Affairs Canada (INAC), has been the main federal organization exercising this authority. This empowered the Canadian government to act as if the treaties between the Indigenous peoples and the British Crown preceding Confederation did not exist. The Treaty of Niagara of 1764 bound
3564-588: The Legislative Assembly and Lieutenant Governor make up the unicameral Legislature of Ontario . The assembly meets at the Ontario Legislative Building at Queen's Park in the provincial capital of Toronto . Ontario uses a Westminster-style parliamentary government in which members are elected to the Legislative Assembly through general elections using a "first-past-the-post" system . The premier of Ontario (the province's head of government ) holds office by virtue of their ability to command
3663-564: The NDP and PC parties falling short of that threshold). However, Reform was considered to be main opposition to the Liberals on all other issues that were not specific to Quebec. In 1995, when Bloc leader Lucien Bouchard 's position as Opposition Leader granted him a meeting with the visiting American president , Bill Clinton , Reform leader Preston Manning was also given a meeting with Clinton in order to diffuse Bouchard's separatist leverage. In 1987,
3762-546: The Official Opposition. As a result of the 1925 election , the Official Opposition was actually the largest party in the House of Commons, the Conservatives. The Liberals, led by Mackenzie King, were able to form a minority government despite the fact that they had a dozen fewer seats than the Conservatives because King's Liberals were able to win the support of the Progressives to remain in government. Similarly, in Ontario,
3861-456: The Privy Council. Section 14 allows the Governor General to appoint deputies to exercise their powers in various parts of Canada. The Commander-in-Chief of all armed forces in Canada continues to be vested in the King under Section 15. Section 16 declares Ottawa to be the seat of government for Canada. The Parliament of Canada comprises the King and two chambers (the House of Commons of Canada and
3960-494: The Provincial Provinces power over the competency of education, but there are significant restrictions designed to protect minority religious rights. This is due that it was created during a time when there was a significant controversy between Protestants and Catholics in Canada over whether schools should be parochial or non-denominational. Section 93(2) specifically extends all pre-existing denominational school rights into
4059-636: The Senate is not necessarily the same party as in the House of Commons. From 1993 to 2003, the Official Opposition in the Senate was the Progressive Conservative Party of Canada , even though the Bloc Québécois was the Official Opposition in the House from 1993 to 1997, followed by the Reform Party of Canada , and then the Canadian Alliance from 1997 to 2003. This is because the BQ, and Reform Party had no Senators. However, when Senator Gerry St. Germain crossed
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4158-756: The Speaker, Sir Allan Macnab, the next day. Later, in 1854, the mace was twice rescued when the Parliament Buildings in Quebec were ravaged by fire. The mace continued to be used by the Union Parliament in Toronto and Quebec until Confederation in 1867, when it was taken to the Parliament of Canada in Ottawa, where it remained in the House of Commons until 1916. When the Parliament Buildings were gutted by fire during that year,
4257-504: The Standing Orders, consists of not more than 11 members from all parties with representation reflecting the current standing in the house. In some cases, the committee must examine material by a specific date and then report its conclusion to the legislature. After its final report, the committee is dissolved. Official Opposition (Canada) His Majesty's Loyal Opposition ( French : loyale Opposition de Sa Majesté ), or simply
4356-559: The United Kingdom. Section 96 authorizes the federal government to appoint judges for "the Superior, District, and County Courts in each Province". No provinces have district or county courts anymore, but all provinces have superior courts. Although the provinces pay for these courts and determine their jurisdiction and procedural rules, the federal government appoints and pays their judges. Historically, this section has been interpreted as providing superior courts of inherent jurisdiction with
4455-517: The Upper Canada and Union Houses, once boasted of a similar layout. Last update: February 20, 2024 Note: Bold text designates the party leader. There are two forms that committees can take. The first, standing committees , are struck for the duration of the Parliament pursuant to Standing Orders. The second, select committees , are struck usually by a Motion or an Order of the House to consider
4554-539: The Western Provinces (at the time of the Union, there were 72 senators). Section 23 lays out the qualifications to become a senator. Senators are appointed by the governor general under Section 24 (which until the 1929 judicial decision in Edwards v Canada (AG) was interpreted as excluding women), and the first group of senators was proclaimed under section 25. Section 26 allows the Crown to add four or eight senators at
4653-455: The act; and within two years of the governor general's reservation, the Queen-in-Council may assent to the bill. The basic governing structures of the provinces are laid out in Part V of the act. (Specific mentions are made to the four founding provinces, but the general pattern holds for all the provinces.) Each province must have a lieutenant governor ( Section 58 ), who serves at the pleasure of
4752-414: The alternative government or "government in waiting". The Official Opposition maintains a shadow cabinet , with the leader of the Official Opposition at its head, of members of Parliament (MPs) and senators who often have the same portfolio areas of interest as actual ministers . The spokesperson for each portfolio is known as an opposition critic. In the event the government loses the confidence of
4851-608: The assembly refer to themselves as "Members of the Provincial Parliament" MPPs as opposed to " Members of the Legislative Assembly " (MLAs) as in many other provinces. Ontario is the only province to do so, in accordance with a resolution passed in the Assembly on April 7, 1938. However, the Legislative Assembly Act refers only to "members of the Assembly". The Legislative Assembly is the second largest Canadian provincial deliberative assembly by number of members after
4950-570: The better Administration of the Laws of Canada". Section 92(14) gives the provincial legislatures the power over the "Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction". This power includes the creation of both the superior courts , both of original jurisdiction and appeal, as well as inferior tribunals. Superior courts are known as "courts of inherent jurisdiction", as they receive their constitutional authority from historical convention inherited from
5049-671: The better Administration of the Laws of Canada". Parliament has used this power to create the Supreme Court of Canada and lower federal courts. It has created the Supreme Court under both branches of s. 101. The lower federal courts, such as the Federal Court of Appeal , the Federal Court , the Tax Court of Canada and the Court Martial Appeal Court of Canada are all created under the second branch, i.e. as "additional Courts for
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#17330945585345148-400: The boundaries of Nova Scotia and New Brunswick are not changed. And Section 8 provided that a national census of all provinces must be held every ten years. Section 9 confirms that all executive authority "of and over Canada is hereby declared to continue and be vested in the Queen ". In section 10, the Governor General or an administrator of the government , is designated as "carrying on
5247-436: The concerns, problems and grievances of constituents. Depending on personal inclination and political circumstances, some Members concentrate most of their attention on House matters while others focus on constituency problems, taking on something of an ombudsman's role in the process. Finally, it is the task of the legislature to provide the personnel of the executive. As already noted, under responsible government, ministers of
5346-401: The confidence of the Legislative Assembly, typically sitting as an MPP themselves and lead the largest party or a coalition in the Legislative Assembly. The largest party not forming the government is known as the Official Opposition , its leader being recognized as leader of the Opposition . The Ontario Legislature is sometimes referred to as the "Ontario Provincial Parliament". Members of
5445-423: The constitutional authority to hear cases. The "section 96 courts" are typically characterized as the "anchor" of the justice system around which the other courts must conform. As their jurisdiction is said to be "inherent", the courts have the authority to try all matters of law except where the jurisdiction has been taken away by another court. However, courts created by the federal government under section 101 or by
5544-414: The court at the time of Confederation in 1867. In Sobeys Stores Ltd. v. Yeomans (1989) the Supreme Court stated that the "nature of the disputes" historically heard by the superior courts, not just the historical remedies provided, must be read broadly. If the tribunal is found to intrude on the historical jurisdiction of the superior court, the inquiry must turn to the second stage which considers whether
5643-431: The crown of Queen Victoria and in a cup with her royal cypher , V.R. When she was succeeded by Edward VII in 1901, her crown and cup were removed and a new one bearing Edward's cypher on the cup was installed. Eventually, it was replaced with the current cup, which is adorned in gleaming brass leaves. Through some careful detective work on the part of Legislative Assembly staff, the original cup with Queen Victoria's cypher
5742-471: The federal Divorce Act is valid legislation, even though the Divorce Act has some incidental effects on child custody , which is usually considered to be within the provincial jurisdictions of "civil rights" (s. 92(13)) and "matters of a private nature" (s. 92(16)). Section 92(10) allows the federal government to declare any "works or undertakings" to be of national importance, and thereby remove them from provincial jurisdiction. Sections 93 and 93A give
5841-405: The federal Parliament the legislative power to implement treaties entered to by the British government on behalf of the Empire. With the acquisition of full sovereignty by Canada, this provision has limited effect. Section 133 establishes English and French as the official languages of the Parliament of Canada and the Legislature of Quebec. Either language can be used in the federal Parliament and
5940-419: The federal and provincial governments share power over agriculture and immigration. Either order of government can make laws in this area, but in the case of a conflict, federal law prevails. The authority over the judicial system in Canada is divided between Parliament and the provincial Legislatures. Section 101 gives Parliament power to create a "general court of appeal for Canada" and "additional Courts for
6039-412: The federal districts that were in place before the 2004 adjustment. Ontario had separate provincial electoral districts prior to 1999. The following notable events occurred during the 2022–present period: Regular Legislative Assembly proceedings are broadcast to subscribers of the Ontario Parliament Network in Ontario . A late-night rebroadcast of Question Period is also occasionally aired on TVO ,
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#17330945585346138-422: The federal government is liable for the debts of the provinces (Sections 111–116). It establishes the tradition of the federal government supporting the provinces through fiscal transfers (Section 119). It creates a customs union which prohibits internal tariffs between the provinces ( Sections 121 –124). Section 125 prevents one order of government from taxing the lands or assets of the other. Section 132 gives
6237-433: The federal government power over divorce and marriage. On this basis, Parliament can legislate on the substantive law of marriage and divorce. However, the provinces have power over the procedural law governing the solemnization of marriage (section 92(12)). There are also several instances of overlap in laws relating to marriage and divorce, which in most cases is solved through interjurisdictional immunity . For instance,
6336-430: The floor from the Progressive Conservatives to the Canadian Alliance in 2000, he argued that he should be recognized as the leader of the Opposition in the Senate as the Canadian Alliance formed the Official Opposition in the House of Commons. The speaker of the Senate of Canada ruled against him, however, as the Progressive Conservatives were the larger opposition party. Due to consensus government , Nunavut and
6435-420: The function of the tribunal and whether it operates as an adjudicative body. The final step assesses the context of the tribunal's exercise of power and looks to see if there are any further considerations to justify its encroachment upon the superior court's jurisdiction. Not all courts and tribunals have jurisdiction to hear constitutional challenges. The court, at the very least, must have jurisdiction to apply
6534-453: The government party in the Senate. It is customary, however, for the Senate to pass legislation approved in the House of Commons even if the government has a minority in the Senate. Although the Senate nominally has the power to block most legislation (excepting bills which would trigger a non-confidence motion if defeated in the House, such as money bills), this power is rarely exercised in practice. The party that forms Official Opposition in
6633-455: The governor general (Section 59), whose salary is paid by the federal parliament (Section 60), and who must swear the oath of allegiance (Section 61). The powers of a lieutenant governor can be substituted for by an administrator of government (Sections 62 and 66). All provinces also have an executive council (Sections 63 and 64). The lieutenant governor can exercise executive power alone or " in council " (Section 65). Section 68 establishes
6732-458: The house is set at 20 members, including the speaker by Section 48. Section 49 says that the speaker cannot vote except in the case of a tied vote. The maximum term for a house is five years between elections under Section 50. Section 51 sets out the rules by which Commons seats are to be redistributed following censuses, allowing for more seats to be added by section 52. " Money bills " (dealing with taxes or appropriation of funds) must originate in
6831-401: The law. In N.S. v. Martin; N.S. v. Laseur (2003) the Supreme Court re-articulated the test for constitutional jurisdiction from Cooper v. Canada . The inquiry must begin by determining whether the enabling legislation gives explicit authority to apply the law. If so, then the court may apply the constitution. The second line of inquiry looks into whether there was implied authority to apply
6930-401: The law. This can be found by examining the text of the act, its context, and the general nature and characteristics of the adjudicative body. See Section Twenty-four of the Canadian Charter of Rights and Freedoms for the jurisdiction of the Charter . This Part lays out the financial functioning of the government of Canada and the provincial governments. It establishes a fiscal union where
7029-429: The leader and other shadow cabinet members have the privilege of meeting with visiting foreign dignitaries, which is not always granted to members of smaller parties. There is also an Official Opposition in the Senate of Canada . This is the largest party in the Senate that is not in government. As the governing party is determined in the House of Commons, the Official Opposition in the Senate may actually be larger than
7128-477: The legislature and report to the legislature through the Speaker rather than to the provincial government. These officers include the Auditor General , Information and Privacy Commissioner , Integrity Commissioner , Chief Electoral Officer , Ontario Ombudsman , and Poet Laureate of Ontario . The Legislative Assembly of Ontario is the first and only legislature in Canada to have a coat of arms separate from
7227-580: The lieutenant governor, the Legislative Assembly of Quebec (renamed in 1968 to the National Assembly of Quebec ), and the Legislative Council of Quebec (since abolished). The legislatures are summoned by the Lieutenant Governors (Section 82). Section 83 prohibits provincial civil servants (excluding cabinet ministers) from sitting in the provincial legislatures. Section 84 allows for existing election laws and voting requirements to continue after
7326-557: The loyalty of those who oppose them. Adversaries remain citizens of the same state, common subjects of the same sovereign, servants of the same law." After the 1921 election , the Progressive Party , a looseknit largely agrarian "protest" party, won the second largest number of seats to William Lyon Mackenzie King's Liberals, but declined to be the Official Opposition because of their lack of national organization. The third-place Conservative Party, led by Arthur Meighen , thus became
7425-409: The mace could not be saved from Centre Block. All that remained was a tiny ball of silver and gold conglomerate. The current mace used in the Legislative Assembly of Ontario was acquired in 1867, after Confederation . It was provided by Charles E. Zollikofer of Ottawa for $ 200. The four-foot mace is made of copper and richly gilded, a flattened ball at the butt end. Initially, the head of the mace bore
7524-582: The mace. It was initially kept at the Royal Ontario Museum for a time, and it is now located in the Main Lobby of the Ontario Legislative Building . A second mace was introduced in 1813 and used until 1841. The third mace was not purchased until 1845. In 1849, it was stolen by a riotous mob in Montreal, apparently intent upon destroying it in a public demonstration. However, it was rescued and returned to
7623-447: The material for Oral Questions and Members' Statements. Legislative scrutiny of the executive is also at the heart of much of the work carried out by the Legislature's Standing Committees, which are made up of ordinary backbenchers. A member's day will typically be divided among participating in the business of the House, attending caucus and committee meetings, speaking in various debates, or returning to his or her constituency to address
7722-412: The mine. Two stones, one rough and one polished, were set in platinum in the crown of the mace while the third stone, also polished, was put on exhibit in the lobby of the Legislative Building as part of a display about the history of the mace. Elections to the Legislative Assembly of Ontario occurred on June 2, 2022, as a result of which the Progressive Conservative Party of Ontario , led by Doug Ford ,
7821-450: The nation was in a " climate emergency " on 17 June. In Grant Huscroft 's dissenting opinion on the Court of Appeal for Ontario , he provides that "counsel for Canada conceded that the act was not passed on the basis that climate change constitutes an emergency". Section 91(24) of the act provides that the federal government has the legislative jurisdiction for "Indians and lands reserved for
7920-594: The operation of the Government of Canada , including its federal structure , the House of Commons , the Senate , the justice system , and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament , including this Act, were renamed. However, the acts are still known by their original names in records of
8019-499: 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 Legislatures of the provinces". Although the text of the act appears to give Parliament residuary powers to enact laws in any area that has not been allocated to the provincial governments , subsequent Privy Council jurisprudence held that the "peace, order, and good government" power
8118-502: The post-Confederation era. Section 94 allows for the provinces that use the British-derived common law system, in effect all but Quebec, to unify their property and civil rights laws. This power has never been used. Under Section 94A, the federal and provincial governments share power over Old Age Pensions. Either order of government can make laws in this area, but in the case of a conflict, provincial law prevails. Under Section 95,
8217-555: The preamble extended this right to Canada even before the enactment of the Canadian Charter of Rights and Freedoms in 1982; this was a supposed basis for the Implied Bill of Rights . In New Brunswick Broadcasting Co. v. Nova Scotia , the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its 1993 decision on the preamble. Moreover, since the UK had
8316-468: The procedure in criminal matters". It was on this authority that Parliament enacted and amends the Criminal Code . However, under section 92(14), the provinces are delegated the power to administer justice, "including the constitution, maintenance, and organization of provincial courts, both of civil and criminal jurisdictions, and including procedure in civil matters in both courts". This provision allows
8415-563: The provinces powers over the "prisons". This means that offenders sentenced to two years or more go to federal penitentiaries while those with lighter sentences go to provincial prisons. Section 92(13) gives the Provinces the exclusive power to make law related to " property and civil rights in the province". In practice, this power has been read broadly to give the provinces authority over numerous matters such as professional trades, labour relations , and consumer protection. Section 91(26) gives
8514-640: The provinces to create the courts of criminal jurisdiction and to create provincial police forces such as the OPP and the Sûreté du Québec (SQ) . As a matter of policy dating back to Confederation, the federal government has delegated the prosecutorial function for almost all criminal offences to the provincial Attorneys General. Crown Prosecutors appointed under provincial law thus prosecute almost all Criminal Code offences across Canada. Section 91(28) gives Parliament exclusive power over "penitentiaries" while section 92(6) gives
8613-444: The provincial arms. Green and gold are the principal colours, as in the coat of arms of Ontario . A mace is the traditional symbol of the authority of the Speaker. Shown on the left is the current mace, while on the right is the original mace from the time of the first parliament in 1792. The crossed maces are joined by the shield of arms of Ontario. The coronet on the wreath represents national and provincial loyalties, while its rim
8712-617: The provincial capital. The ceremonial mace of the Legislature is the fourth mace to be used in Upper Canada or Ontario. It acts as a symbol, representing the authority of the Speaker of the Legislative Assembly of Ontario to oversee the proceedings of the assembly. The first mace was used by the Chamber of Upper Canada's first Parliament in 1792 at Newark (now Niagara-on-the-Lake ) and then moved to York (now Toronto ). The primitive wooden mace
8811-462: The provincial government under 92(14) are generally not allowed to intrude on the core jurisdiction of a section 96 court. The scope of the core jurisdiction of section 96 courts has been a matter of considerable debate and litigation. When commencing litigation a court's jurisdiction may be challenged on the basis that it does not have jurisdiction. The issue is typically whether the statutory court created under section 101 or 92(14) has encroached upon
8910-469: The provincial public broadcaster. The Legislative Assembly of Ontario, like the federal House of Commons, also includes procedural officers who administer the business of the legislature and impartially assist the Speaker and MPPs with their duties. These officers collectively make up the Office of the Legislative Assembly of Ontario. The Office of the Assembly consists of the Speaker and Deputy Speaker as well as
9009-427: The provisions regarding money votes, royal assent, reservation and disallowance, as established for the federal Parliament to the provincial legislatures but with the governor general in the role of the Queen-in-Council. The powers of government are divided between the provinces and the federal government and are described in sections 91 to 95 of the act. Sections 91 and 92 are of particular importance, as they enumerate
9108-464: The rules and practices of the House. The Sergeant-at-Arms keeps order during meetings in the legislature, is charged with control of the ceremonial mace in the legislature, and is responsible for security in the House and the Legislative Precinct. Additional officers of the Legislative Assembly were created to protect certain public interests, these officers are appointed by unanimous votes of
9207-666: The subjects for which each jurisdiction can enact a law, with section 91 listing matters of federal jurisdiction and section 92 listing matters of provincial jurisdiction. Sections 92A and 93 and 93A are concerned with non-renewable natural resources and education, respectively (both are primarily provincial responsibilities). Section 94 leaves open a possible change to laws regarding property and civil rights , which so far has not been realized. Sections 94A and 95, meanwhile, address matters of shared jurisdiction, namely old age pensions (section 94A) and agriculture and immigration (section 95). Section 91 authorizes Parliament to "make laws for
9306-428: The terms of section 31, in which case the vacancy can be filled by the governor general (Section 32). Section 33 gives the Senate the power to rule on its own disputes over eligibility and vacancy. The speaker of the Senate is appointed and dismissed by governor general under Section 34. Quorum for the Senate is (initially) set at 15 senators by Section 35, and voting procedures are set by Section 36. The composition of
9405-522: The union would take effect within six months of passage of the act and Section 4 confirmed "Canada" as the name of the country (and the word "Canada" in the rest of the act refers to the new federation and not the old province). Section 5 listed the four provinces of the new federation. Those were formed by dividing the former Province of Canada into two: its two subdivisions, Canada West and Canada East , renamed Ontario and Quebec , respectively, become full provinces in Section 6. Section 7 confirmed that
9504-439: The union. Section 85 sets the life of each legislature as no more than four years, with a session at least once every twelve months under Section 86. Section 87 extends the rules regarding speakers, by-elections, quorum, etc., as set for the federal House of Commons to the legislatures of Ontario and Quebec. Section 88 simply extends the pre-union constitutions of those provinces into the post-Confederation era. Section 90 extends
9603-749: Was painted red and gilt, and surmounted by a crown of thin brass strips. It was stolen by American troops as a Prize of War in 1813 at the Battle of York during the War of 1812 . The mace was subsequently stored at the United States Naval Academy in Annapolis, Maryland . It remained in the United States until 1934, when it was returned to Ontario after President Franklin Roosevelt sent an order to Congress to return
9702-606: Was re-elected as His Majesty's Government of Ontario. The seating chamber is similar in layout to that of the British House of Commons and the original St. Stephen's Chapel in the Palace of Westminster . The Parliament of Ontario, however, may be easily distinguished from this model by its use of individual chairs and tables for members, absent in the British Commons' design. The legislature's former host building and site, home to
9801-460: Was recently found in the Royal Ontario Museum ’s collection and returned to the Legislature. It is now on display in the Ontario Legislative Building . In 2009, two diamonds were installed in the mace. The diamonds were a gift to the people of Ontario from De Beers Canada to mark the opening of the Victor Mine near Attawapiskat in northern Ontario. Three diamonds were selected from the first run of
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