Constitution Act, 1960

(BRITISH NORTH AMERICA ACT, 1960)

9 Elizabeth 11, c. 2 (U.K.)

An Act to amend the Constitution Act, 1867

[20th December 1960]

Whereas the Senate and House of Commons of Canada in Parliament assembled have submitted addresses to Her Majesty praying that Her Majesty may graciously be pleased to cause a measure to be laid before the Parliament of the United Kingdom for the enactment of the provisions hereinafter set forth:

Be it therefore enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows--

1. Section ninety-nine of the Constitution Act, 1867 is hereby repealed and the following substituted therefor:--

"99. (1) Subject to subsection (2) of this section, the judges of the superior courts shall hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons.

(2) A judge of a superior court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five years. or upon the coming into force of this section if at that time he has already attained that age."

2. This Act may be cited as the British North America Act, 1960; and the British North America Acts, 1867 to 1952, and this Act may be cited together as the British North America Acts, 1867 to 1960.

2. This Act may be cited as the Constitution Act, 1960.

3. This Act shall come into force on the first day of March, nineteen hundred and sixty-one.