Constitution of Quebec

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The Concept of Internal Constitution

By virtue of the principles of non-subordination and non-intervention inherent to the federative principle, the federated States have, following the example of the federal State, the right to adopt what one calls an "internal constitution", that is a constitution for a federated State. Indeed, possibility for a federated State to adopt and to modify its own internal constitution is one of the main elements which distinguishes it from a decentralized or devolved authority, as the French regional councils, the autonomous communities of Spain or the Scottish Parliament and the National Assembly of the Wales in the United Kingdom. For these regions, institutions, powers and rules of functioning are provided for by a law of the national parliament. In such a context, the federal Constitution contains capacities governing the scope of the internal constitutions as well as transitional measures relative to the functioning of the federated States. And so, for example, the American Constitution of 1787 stipulates that every State is free to adopt its own constitution, provided that it is not of monarchic shape.

The phenomenon of "internal constitution" is widespread among the federal states in the world. For example, each of the 50 American States have its own internal constitution, as well as each of the 16 German Lænders, each of the 26 Swiss cantons, each of the 6 Australian States or federated states in many federations. However, unlike the other federations, most canadian provinces have no internal constitution (but the transitional dispositions included in the Constitution of Canada) except for British Columbia, which passed its own Constitution Act in 1979.

Canada's Constitution and Quebec's Internal Constitution

For lack of a basic law duly adopted by a provincial Parliament, the internal constitution of the provinces of Canada is governed by capacities foreseen in the title V, entitled "Provincial Constitutions", of the Constitution Act, 1867. So, the internal constitution of Quebec is similar to that of the United Kingdom, in the sense that there is no "written constitution" strictly speaking, but several "ordinary" laws of constitutional scope. However, provinces are free to adopt their own internal constitution, which can govern each of the legislative, executive, judicial and administrative institutions forming the provincial State without intervention of the another province or the federal State, with the exception of the office of lieutenant governor, any modification of which has to be the object of a constitutional amendment requiring the approval of every single province and the federal State.

The provisional internal constitution of Quebec is included in the sections dedicated to Quebec in the Title V of the Constitution Act, 1867, which read as follows:

V. Provincial Constitutions

Executive Power

« 58. For each Province there shall be an Officer, styled the Lieutenant Governor, appointed by the Governor General in Council by Instrument under the Great Seal of Canada.

59. A Lieutenant Governor shall hold Office during the Pleasure of the Governor General; but any Lieutenant Governor appointed after the Commencement of the First Session of the Parliament of Canada shall not be removable Within Five Years of his Appointment, except for Cause assigned, which shall be communicated to him in Writing within One Month after the Order for his Removal is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafter if the Parliament is then sitting, and if not then within One Week after the Commencement of the next Session of the Parliament.

60. The Salaries of the Lieutenant Governors shall be fixed and provided for by the Parliament of Canada.

61. Every Lieutenant Governor shall, before assuming the Duties of his Office, make and subscribe before the Governor General or some Person authorized by him Oaths of Allegiance and Office similar to those taken by the Governor General.

62. The Provisions of this Act referring to the Lieutenant Governor extend and apply to the Lieutenant Governor for the Time being of each Province, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of the Province, by whatever Title he is designated.

63. The Executive Council of Ontario and of Quebec shall be composed of such Person as the Lieutenant Governor from Time to Time thinks fit, and in the first instance of the following Officers, namely,–the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec, the Speaker of the Legislative Council and the Solicitor General.
(NOTA: The composition of Quebec's Executive Council is now prescribed under the Loi sur l'exécutif [Executive Power Act], L.R.Q. 1977, ch. E-18.)

[...]

65. All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice or Consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, with the Advice or with the Advice and Consent of or in conjunction with the respective Executive Councils, or any Members thereof, or by the Lieutenant Governor individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be abolished or altered by the respective Legislatures of Ontario and Quebec.
(NOTA: The Constitution Act, 1982, states that the office of the Lieutenant Governor may only be altered thorough a constitutional amendment requirering the assent of all provinces and of both houses of the Federal Parliament.)

66. The Provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof.

67. The Governor General in Council may from Time to Time appoint an Administrator to execute the office and Functions of Lieutenant Governor during his Absence, Illness, or other Inability.

68. Unless and Until the Executive Government of any Province oth- erwise directs with respect to that Province, the Seats of Government of the Provinces shall be as follows, namely,–[...] of Quebec, the City of Quebec [...].

Legislative Power

[...]

2. Quebec

71. There shall be a Legislature for Quebec consisting of the Lieutenant Governor and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.
(NOTA: The Loi concernant le Conseil législatif [Legislative Council Act], S.Q. 1968, ch. 9, states that the Legislative council is abolished and that the Legislature of Quebec is made of the Lieutenant Governor and the National Assembly. Consequently, sections 72 to 79, reproduced thereof, are spent.)

72. The Legislative Council of Quebec shall be composed of Twenty-four Members, to be appointed by the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, One being appointed to represent each of the Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act.

73. The Qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec.

74. The Place of a Legislative Councillor of Quebec shall become vacant in the Cases, mutatis mutandis, in which the Place of Senator becomes vacant.

75. When a Vacancy happens in the Legislative Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy.

76. If any Question arises respecting the Qualification of a Legislative Councillor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council.

77. The Lieutenant Governor may from Time to Time, by Instrument under the Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his Stead.

78. Until the Legislature of Quebec otherwise provides, the Presence of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers.

79. Questions arising in the Legislative Council of Quebec shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative.

80. The Legislative Assembly of Quebec shall be composed of Sixty-five Members, to be elected to represent the Sixty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.
(NOTA: The provisions of this section about the twelve "protected" districts [Argenteuil, Brome, Compton, Huntingdon, Mégantic, Missisquoi, Ottawa, Pontiac, Richmond-Wolfe, Shefford, Sherbrooke and Stanstead] were introduced to protect the Anglo-Protestant minority of Quebec, because a majority of electors of these constituencies were of english language and of protestant religion. However, these dispositions ceased to be into force after the passing of the Loi concernant les districts électoraux [Act respecting electoral districts], S.Q. 1970, ch. 7., because the english speaking Quebecers were, from a long time when the act was passed, a minority in these constituencies. The composition of the Legislative Assembly as a whole was amended by an act of the Parliament of Quebec as soon as 1890, and is now provided for by the Loi électorale [Election Act], L.R.Q., ch. E-3.3.).

3. Ontario and Quebec

81. Repealed.
(NOTA: Section 81 provided for the calling of the parliaments of Ontario and Quebec within six months after the coming into force of the BNA Act. It was repealed by the Statute Law Revision Act, 1893, 56-57 Victoria, ch. 14 (U.K.).)

82. The Lieutenant Governor of Ontario and of Quebec shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province.

83. Until the Legislature of Ontario or of Quebec otherwise provides, a Person accepting or holding in Ontario or in Quebec any Office, Commission, or Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, to which annual Salary, or Fee, Allowance, Emolument, or Profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office.
(NOTA: The provisions of this section, which is probably spent, are now replaced by those included in the Loi sur l'Assemblée nationale [National Assembly Act], L.R.Q., ch. A-23.1.)

84. Until the Legislatures of Ontario and Quebec respectively otherwise provide, all Laws which at the Union are in force in those Provinces respectively, relative to the following Matters, or any of them, namely, – the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications and Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of Seats of Members and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, – shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec.

[...]
(NOTA: The provisions of this section, which is probably spent, are now replaced by those included in the Loi électorale [Election Act], L.R.Q., ch. E-3.3 and the Loi sur l'Assemblée nationale [National Assembly Act], L.R.Q., ch. A-23.1.)

85. Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for Four Years from the Day of the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.
(NOTA: The maximal duration of a legislature of the Legislative Assembly of Quebec have been increased to five years during the 1880s, see the Loi sur l'Assemblée nationale [National Assembly Act], L.R.Q., ch. A-23.1. In addition, the Constitution Act, 1982 has constitutionalized this provision for all provinces.)

86. There shall be a Session of the Legislature of Ontario and of that of Quebec once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Prov- ince in one Session and its first Sitting in the next Session.

87. The following Provisions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, – the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of Speaker, the Absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly.

[...]

5. Ontario, Quebec and Nova Scotia

89. Repealed.
(NOTA: Section 89 stated that the first general election to the Legislative Assembly of Nova Scotia, Ontario and Quebec were to be held at the same time as the first federal election, during the summer of 1867. It was repealed by the Statute Law Revision Act, 1893, 56-57 Victoria, ch. 14 (U.K.).)

6. The Four Provinces

90. The following Provisions of this Act respecting the Parliament of Canada, namely,– the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on Bills reserved,–shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada.  »

Other Acts of Constitutional Scope

Except for the providings of the Constitution Act, 1867, the internal Constitution of Quebec is made of several acts adopted by the National Assembly of Quebec, which are providing for the general running of the Quebec State. Among these, the main are the following ones:

Sources

Brun, Henri, et Guy Tremblay. 1982. Droit constitutionnel. Supplément 1985 en annexe. Cowansville: Éditions Y. Blais, 1987.

Chevrier, Marc. 2000. "Pourquoi le Québec n'a pas de constitution". Le Devoir. 10 avril 2000, p. A-7.

Monière, Denis, de Bellefeuille, Pierre, Charron, Claude G., et Gordon Lefebvre. 2000. "Il faut convoquer une assemblée constituante". Le Devoir. 3 avril 2000, p. A-7.

Morin, Jacques-Yvan. 2000. "Une constitution dans un Québec souverain ou autonome". Le Devoir. 25 avril 2000, p. A-7.

Morin, Jacques-Yvan. 2000. "Prévoir la transition entre un Québec autonome et un Québec souverain". Le Devoir. 1er mai 2000, p. A-7.

Turp, Daniel. 2000. "Une Constitution contre son gré ou une Constitution de son choix". Le Devoir. 17 avril 2000, p. A-7.

Venne, Michel. 2000. "Une constitution du Québec ?". Le Devoir. 3 avril 2000, p. A-1.

Dernière mise à jour: 11 novembre 2004

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