94-451: Canadian primary and secondary standardized examinations are examinations developed in Canada and taken by primary and secondary students in some provinces and territories in Canada . The majority of the exams listed are developed provincially and are unique to each respective province and their related adjacent territories. This is as a result of education in Canada being in the jurisdiction of
188-770: A base to the navy of an adversary), as well as to support amphibious operations throughout the region (such as the Chesapeake campaign during the American War of 1812 ). Bermuda was consequently the most important British naval and military base in the Americas. Canadian confederation resulted in the Canadian Militia becoming responsible for the defence of the Maritimes, the abolition of the British Army's commander-in-chief there, and
282-665: A great deal of power relative to the federal government, with jurisdiction over many public goods such as health care, education, welfare, and intra-provincial transportation. They receive " transfer payments " from the federal government to pay for these, as well as exacting their own taxes. In practice, however, the federal government can use these transfer payments to influence these provincial areas. For instance, in order to receive healthcare funding under Medicare , provinces must agree to meet certain federal mandates, such as universal access to required medical treatment. Provincial and territorial legislatures have no second chamber like
376-515: A lieutenant-general termed a general officer commanding and the Bermuda garrison becoming a command in its own right. Bermuda was consequently left out of the confederation of Canada, though it retained naval links with Halifax and the state church (or established church ), the Church of England , continued to place Bermuda under the bishop of Newfoundland until 1919 (Bermuda also remained linked to
470-631: A prolonged economic crisis , and the legislature turned over political control to the Newfoundland Commission of Government in 1933. Following Canada's participation in the Second World War , in a 1948 referendum , a narrow majority of Newfoundland citizens voted to join the Confederation, and on March 31, 1949, Newfoundland became Canada's tenth province. The province was officially renamed Newfoundland and Labrador in 2001. Bermuda ,
564-614: Is administered by the crown corporation called the Education Quality and Accountability Office (EQAO) . The EQAO administers tests in: Provincial examinations are known as Provincial Assessments in Prince Edward Island . Examinations prior to the IMA is not included in grade submission. Provinces and territories of Canada Canada has ten provinces and three territories that are sub-national administrative divisions under
658-475: Is as a result of the historical geography of Canada . Yukon was formed prior to the existence of any current western Canadian province except British Columbia. Meanwhile, Alberta, the Northwest Territories, Nunavut and a handful of other provinces were created from the now nonexistent North-Western Territories which was. For the purposes of the list, the 'course grade' is defined as the grade assigned by
752-681: Is called the National Assembly . Ontario has a legislative assembly but its members are called members of the Provincial Parliament or MPPs. The legislative assemblies use a procedure similar to that of the House of Commons of Canada . The head of government of each province, called the premier , is generally the head of the party with the most seats. This is also the case in Yukon, but the Northwest Territories and Nunavut have no political parties at
846-767: 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 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
940-642: 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
1034-599: Is that of Canada's territories. The territories mostly elect to adopt the curriculum of their most closely related adjacent provinces. This includes adopting the related provinces examination policy. Yukon and the Northwest Territories primarily follows the British Columbia curriculum. Meanwhile, Nunavut primarily follows the Alberta curriculum. Therefore, exams in these territories are developed and adjudicated by
SECTION 10
#17328589559801128-602: The Alberta Party and Saskatchewan Party . The provincial political climate of Quebec is different: the main split is between sovereignty , represented by the Parti Québécois and Québec solidaire , and federalism , represented primarily by the Quebec Liberal Party . The Coalition Avenir Québec , meanwhile, takes an abstentionist position on the question and does not support or oppose sovereignty. Currently,
1222-560: The Canadian Senate . Originally, most provinces had such bodies, known as legislative councils , with members titled councillors. These upper houses were abolished one by one, Quebec's being the last in 1968. In most provinces, the single house of the legislature is known as the Legislative Assembly; the exceptions are Nova Scotia and Newfoundland and Labrador, where the chamber is called the House of Assembly , and Quebec where it
1316-548: The Colony of British Columbia . NWT included the northern two-thirds of Ontario and Quebec. After the province of Manitoba was established in 1870, in a small area in the south of today's province, almost all of present-day Manitoba was still contained in the NWT. (Manitoba expanded to its present size in 1912.) The British claims to the Arctic islands were transferred to Canada in 1880, adding to
1410-607: The Constitution Act are divided between the Government of Canada (the federal government) and the provincial governments to exercise exclusively. A change to the division of powers between the federal government and the provinces requires a constitutional amendment , whereas a similar change affecting the territories can be performed unilaterally by the Parliament of Canada or government. In modern Canadian constitutional theory ,
1504-725: The Constitution of Canada . The act created a federal dominion and defines much of 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,
1598-639: The Governor General in Council as the governor general acting with the advice of 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
1692-627: The Hudson's Bay Company . In 1870, the company relinquished its claims for £300,000 (CND$ 1.5 million), assigning the vast territory to the government of Canada. Subsequently, the area was re-organized into the province of Manitoba and the North-West Territories. The North-West Territories encompassed all of current northern and western Canada, except for the British holdings in the Arctic islands and
1786-772: The Keewatin Region . It occupied the area that is now the Kenora District of Ontario, northern Manitoba, and mainland Nunavut. The government of Keewatin was based in Winnipeg, Manitoba. The territory did not have any representation in federal parliament. The vast majority of Canada's population is concentrated in areas close to the Canada–US border . Its four largest provinces by area ( Quebec , Ontario , British Columbia and Alberta ) are also (with Quebec and Ontario switched in order) its most populous; together they account for 86% of
1880-631: The Maritime Provinces and 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
1974-562: The River St. Lawrence and Coast of America and North America and West Indies Station , the North America and Newfoundland Station , the North America and West Indies Station , and finally the America and West Indies Station ) main bases, dockyards, and Admiralty Houses. The squadron of the station was based at Royal Naval Dockyard, Halifax , during the summers and Royal Naval Dockyard, Bermuda , in
SECTION 20
#17328589559802068-491: 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
2162-516: 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
2256-563: The world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the Constitution Act, 1867 (formerly called the British North America Act, 1867 ), whereas territories are federal territories whose governments are creatures of statute with powers delegated to them by the Parliament of Canada . The powers flowing from
2350-597: The 60° parallel, Ontario's to Hudson Bay and Quebec's to encompass the District of Ungava . In 1869, the people of Newfoundland voted to remain a British colony over fears that taxes would increase with Confederation, and that the economic policy of the Canadian government would favour mainland industries. In 1907, Newfoundland acquired dominion status. In the middle of the Great Depression in Canada , Newfoundland underwent
2444-401: The Arctic , particularly as global warming could make that region more open to exploitation leading to more complex international waters disputes . 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
2538-531: The Canadian mainland (from those in James Bay to the Queen Elizabeth Islands ). The following table lists the territories in order of precedence (each province has precedence over all the territories, regardless of the date each territory was created). Another territory, the District of Keewatin , existed from October 7, 1876, until September 1, 1905, when it rejoined the Northwest Territories and became
2632-525: 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
2726-438: 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
2820-455: 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
2914-624: The Crown to add four or eight senators at 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
List of Canadian primary and secondary examinations - Misplaced Pages Continue
3008-551: 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
3102-765: The French government donated the land used for the Vimy Memorial "freely, and for all time, to the Government of Canada the free use of the land exempt from all taxes". The site of the Somme battlefield near Beaumont-Hamel site was purchased in 1921 by the people of the Dominion of Newfoundland . These sites do not, however, enjoy extraterritorial status and are thus subject to French law. Since Confederation in 1867, there have been several proposals for new Canadian provinces and territories. The Constitution of Canada requires an amendment for
3196-508: 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
3290-497: The King and two chambers (the House of Commons of Canada and 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,
3384-620: The Maritimes under the Methodist and Roman Catholic churches). In 1903, resolution of the Alaska Panhandle Dispute fixed British Columbia's northwestern boundary. This was one of only two provinces in Canadian history to have its size reduced. The second reduction, in 1927, occurred when a boundary dispute between Canada and the Dominion of Newfoundland saw Labrador enlarged at Quebec's expense; this land returned to Canada, as part of
3478-505: The North American British "Provinces" (colonies) of Canada, New Brunswick, and Nova Scotia. Section 3 established that 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
3572-556: The North, for organizational and economic purposes. For much of the Northwest Territories' early history it was divided into several districts for ease of administration. The District of Keewatin was created as a separate territory from 1876 to 1905, after which, as the Keewatin Region, it became an administrative district of the Northwest Territories. In 1999, it was dissolved when it became part of Nunavut. Theoretically, provinces have
3666-494: 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
3760-642: The United Kingdom had some freedom of expression in 1867, 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
3854-508: 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
List of Canadian primary and secondary examinations - Misplaced Pages Continue
3948-422: The act is not the Constitution of Canada's only preamble. The Charter also has 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
4042-408: 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
4136-422: The acts are still known by their original names in records of 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
4230-402: The aforementioned adjacent province but are administered by the territorial educational ministry. The reason for the territories adopting the curriculum of provinces is because the provinces have both greater means to create the curriculum and populations to ensure the curriculums acceptance by tertiary institutions. The reason for the territories adopting the curriculum of those specific provinces
4324-523: 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
4418-442: 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
4512-423: 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
4606-438: The country's population. The territories (the Northwest Territories , Nunavut and Yukon ) account for over a third of Canada's area but are only home to 0.3% of its population, which skews the national population density value. Canada's population grew by 5.0% between the 2006 and 2011 censuses. Except for New Brunswick , all territories and provinces increased in population during this time. In terms of percent change,
4700-414: 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
4794-411: The creation of a new province but the creation of a new territory requires only an act of Parliament , a legislatively simpler process. In late 2004, Prime Minister Paul Martin surprised some observers by expressing his personal support for all three territories gaining provincial status "eventually". He cited their importance to the country as a whole and the ongoing need to assert sovereignty in
SECTION 50
#17328589559804888-445: The extent those pre-Confederation statutory powers now came within provincial jurisdiction, they could be exercised by 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
4982-483: The fastest-growing province or territory was Nunavut with an increase of 12.7% between 2011 and 2016, followed by Alberta with 11.6% growth, while New Brunswick's population decreased by 0.5%. Generally, Canadian provinces have steadily grown in population along with Canada. However, some provinces such as Saskatchewan, Prince Edward Island and Newfoundland and Labrador have experienced long periods of stagnation or population decline. Ontario and Quebec have always been
5076-471: 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
5170-405: 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
5264-419: 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
5358-422: 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
5452-433: 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,
5546-408: The federal level, and as a result, have a commissioner that represents the federal government. There are three territories in Canada. Unlike the provinces, the territories of Canada have no inherent sovereignty and have only those powers delegated to them by the federal government. They include all of mainland Canada north of latitude 60° north and west of Hudson Bay and all islands north of
5640-403: The federal party. The Liberal Party of Canada shares such an organizational integration with Atlantic Canada provincial Liberals in New Brunswick , Newfoundland and Labrador , Nova Scotia , and Prince Edward Island . Other provincial Liberal parties are unaffiliated with their federal counterpart. Some provinces have provincial political parties with no clear federal equivalent, such as
5734-431: 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 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
SECTION 60
#17328589559805828-420: 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
5922-455: 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
6016-458: 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
6110-415: The indicia of sovereignty from the United Kingdom. Prior to this, Ontario and Quebec were united as the Province of Canada. Over the following years, Manitoba (1870), British Columbia (1871), and Prince Edward Island (1873) were added as provinces. The British Crown had claimed two large areas north-west of the Canadian colony, known as Rupert's Land and the North-Western Territory , and assigned them to
6204-479: The jurisdiction of the Canadian Constitution . In the 1867 Canadian Confederation , three provinces of British North America — New Brunswick , Nova Scotia , and the Province of Canada (which upon Confederation was divided into Ontario and Quebec )—united to form a federation , becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it
6298-424: The last British North American colony, which had been somewhat subordinated to Nova Scotia, was one of two Imperial fortress colonies in British North America – the other being Nova Scotia, and more particularly the city of Halifax. Halifax and Bermuda were the sites of the Royal Navy's North America Station (or, depending on the time period and the extent of the Western Hemisphere it included,
6392-401: 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
6486-401: 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
6580-455: 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
6674-403: 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
6768-704: The one minority provincial/territorial government is held by the Liberals in Yukon . They are in government with a formal confidence and supply agreement from the Yukon New Democratic Party . The Canadian National Vimy Memorial , near Vimy , Pas-de-Calais, and the Beaumont-Hamel Newfoundland Memorial , near Beaumont-Hamel , both in France, are ceremonially considered Canadian territory. In 1922,
6862-499: 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
6956-502: 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,
7050-591: The preamble. Moreover, since the UK had 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
7144-468: 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
7238-410: The province of Newfoundland, in 1949. In 1999, Nunavut was created from the eastern portion of the Northwest Territories. Yukon lies in the western portion of Northern Canada, while Nunavut is in the east. All three territories combined are the most sparsely populated region in Canada, covering 3,921,739 km (1,514,192 sq mi) in land area. They are often referred to as a single region,
7332-426: The provinces and territories. Such exams can be important factors in the determination of final grades and therefore also in scholarship decisions, college , and university admissions. However, policies of post-secondary institutions in Canada vary concerning whether the blended exam and class grade are used or simply the class grade are used for admission. A unique situation of primary and secondary examinations
7426-468: The provinces are considered to be co-sovereign within certain areas based on the divisions of responsibility between the provincial and federal government within the Constitution Act, 1867 , and each province thus has its own representative of the Canadian Crown , the lieutenant governor . The territories are not sovereign, but instead their authorities and responsibilities are devolved directly from
7520-563: 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
7614-640: 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
7708-462: 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
7802-427: 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
7896-516: The reduction of British military forces in the Maritimes to a small garrison for the protection of the Halifax dockyard, which would be withdrawn when that dockyard was handed over to the Dominion government in 1905 for use by the new Canadian naval service. Britain retained control of Bermuda as an imperial fortress, with the governor and commander-in-chief of Bermuda (a military officer previously ranking between lieutenant-colonel and major-general) becoming
7990-500: The same name. For example, no provincial Conservative or Progressive Conservative Party shares an organizational link to the federal Conservative Party of Canada , and neither do provincial Green Parties to the Green Party of Canada . Provincial New Democratic Parties, on the other hand, are fully integrated with the federal New Democratic Party —meaning that provincial parties effectively operate as sections, with common membership, of
8084-514: The size of the North-West Territories. In 1898 the Yukon Territory, later renamed "Yukon" in 2003, was carved from the area surrounding the Klondike gold fields . On September 1, 1905, a portion of the North-West Territories south of the 60th parallel north became the provinces of Alberta and Saskatchewan. In 1912, the boundaries of Quebec, Ontario, and Manitoba were expanded northward: Manitoba's to
8178-666: 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
8272-535: The teacher during classroom instruction. 'Final grade' or 'blended grade' are defined as the combined examination and course grade. Some universities choose to raise Albertan students marks because of their provincially required exams. For example, the University of British Columbia automatically raises Albertan students' averages by 2%. Exam mark is worth 30% of final course grade. Grade 7 SAT Grade 4 and 7 FSA (British Columbia) In Ontario, province wide assessment
8366-428: 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
8460-413: The territorial level. The King's representative in each province is the lieutenant governor . In each of the territories there is an analogous commissioner , but they represent the federal government rather than the monarch. Most provinces have rough provincial counterparts to major federal parties. However, these provincial parties are not usually formally linked to the federal parties that share
8554-570: The three provinces New Brunswick , Nova Scotia , and 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
8648-494: The two biggest provinces in Canada, with together over 60% of the population at any given time. The population of the West relative to Canada as a whole has steadily grown over time, while that of Atlantic Canada has declined. Ontario, Quebec, New Brunswick, and Nova Scotia were the original provinces, formed when several British North American colonies federated on July 1, 1867, into the Dominion of Canada and by stages began accruing
8742-439: 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
8836-596: The winters until the 1820s, when Bermuda (which was better located to control the Atlantic Seaboard of the United States, impossible to attack over land, and almost impregnable against attack over water) became the main base year round. A large British Army garrison in Bermuda , which fell under the commander-in-chief in Nova Scotia , existed to defend the colony as a naval base (and to prevent it becoming as useful
#979020