Section 128 of the Constitution Act, 1867

Royal Proclamation which brought the Act into force on July 1, 1867

Section 128 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the oath of allegiance for members of the Senate and the House of Commons of Canada, as well as members of the provincial legislative assemblies. The section also requires members of the Senate to make a declaration of qualification. The texts of the oath and the declaration of qualification are set out in the Fifth Schedule of the Act. The section also applied to members of the provincial legislative councils, but since they have all been abolished, it no longer has any application in that regard.

The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.