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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/5984.txt b/5984.txt new file mode 100644 index 0000000..af8ff92 --- /dev/null +++ b/5984.txt @@ -0,0 +1,2220 @@ +Project Gutenberg's The British North America Act, 1867, by Anonymous + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The British North America Act, 1867 + +Author: Anonymous + +Release Date: September 28, 2004 [EBook #5984] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE BRITISH NORTH AMERICA ACT *** + + + + +This eBook was produced by Andrew Sly. + + + + + + +THE BRITISH NORTH AMERICA ACT, 1867. + + +30 VICTORIA, CHAPTER 3. + + +An Act for the Union of Canada, Nova Scotia, and New Brunswick, +and the Government thereof; and for Purposes connected therewith. + + [29th March, 1867.] + + +Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have +expressed their Desire to be federally united into One Dominion under +the Crown of the United Kingdom of Great Britain and Ireland, with a +Constitution similar in Principle to that of the United Kingdom: + +And whereas such a Union would conduce to the Welfare of the Provinces +and promote the Interests of the British Empire: + +And whereas on the Establishment of the Union by Authority of Parliament +it is expedient, not only that the Constitution of the Legislative +Authority in the Dominion be provided for, but also that the Nature of +the Executive Government therein be declared: + +And whereas it is expedient that Provision be made for the eventual +Admission into the Union of other Parts of British North America: + +Be it therefore enacted and declared 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: + + + + I.--PRELIMINARY. + + +1. [Short Title.] This Act may be cited as The British North America +Act, 1867. + + +2. [Application of Provisions referring to the Queen.] The Provisions of +this Act referring to Her Majesty the Queen extend also to the Heirs and +Successors of Her Majesty, Kings and Queens of the United Kingdom of +Great Britain and Ireland. + + + + II.--UNION. + + +3. [Declaration of Union] It shall be lawful for the Queen, by and with +the Advice of Her Majesty's Most Honourable Privy Council, to declare by +Proclamation that, on and after a Day therein appointed, not being more +than Six Months after the passing of this Act, the Provinces of Canada, +Nova Scotia, and New Brunswick shall form and be One Dominion under the +Name of Canada; and on and after that Day those Three Provinces shall +form and be One Dominion under that Name accordingly. + +4. [Construction of subsequent Provisions of Act.] The subsequent +Provisions of this Act shall, unless it is otherwise expressed or +implied, commence and have effect on and after the Union, that is to +say, on and after the Day appointed for the Union taking effect in the +Queen's Proclamation; and in the same Provisions, unless it is otherwise +expressed or implied, the Name Canada shall be taken to mean Canada as +constituted under this Act. + +5. [Four Provinces.] Canada shall be divided into Four Provinces, named +Ontario, Quebec, Nova Scotia, and New Brunswick. + +6. [Provinces of Ontario and Quebec.] The Parts of the Province of +Canada (as it exists at the passing of this Act) which formerly +constituted respectively the Provinces of Upper Canada and Lower Canada +shall be deemed to be severed, and shall form two separate Provinces. +The Part which formerly constituted the Province of Upper Canada shall +constitute the Province of Ontario; and the Part which formerly +constituted the Province of Lower Canada shall constitute the Province +of Quebec. + +7. [Provinces of Nova Scotia and New Brunswick.] The Provinces of Nova +Scotia and New Brunswick shall have the same Limits as at the passing of +this Act. + + +8. [Decennial Census.] In the general Census of the Population of Canada +which is hereby required to be taken in the Year One thousand eight +hundred and seventy-one, and in every Tenth Year thereafter, the +respective Populations of the Four Provinces shall be distinguished. + + + + III.--EXECUTIVE POWER. + + +9. [Declaration of Executive Power in the Queen.] The Executive +Government and Authority of and over Canada is hereby declared to +continue and be vested in the Queen. + +10. [Application of Provisions referring to Governor General.] The +Provisions of this Act referring to the Governor General extend and +apply to the Governor General for the Time being of Canada, or other the +Chief Executive Officer or Administrator for the Time being carrying on +the Government of Canada on behalf and in the Name of the Queen, by +whatever Title he is designated. + +11. [Constitution of Privy Council for Canada.] There shall be a Council +to aid and advise in the Government of Canada, to be styled the Queen's +Privy Council for Canada; and the Persons who are to be Members of that +Council shall be from Time to Time chosen and summoned by the Governor +General and sworn in as Privy Councillors, and Members thereof may be +from Time to Time removed by the Governor General. + + +12. [All Powers under Acts to be exercised by Governor General with +Advice of Privy Council, or alone.] 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, Canada, Nova Scotia, +or New Brunswick, are at the Union vested in or exerciseable by the +respective Governors or Lieutenant Governors of those Provinces, with +the Advice, or with the Advice and 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 continue in existence and +capable of being exercised after the Union in relation to the Government +of Canada, be vested in and exerciseable by the Governor General, with +the Advice or with the Advice and Consent of or in conjunction with +the Queen's Privy Council for Canada, or any Members thereof, or by +the Governor General 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 +Parliament of Canada. + + +13. [Application of Provisions referring to Governor General in +Council.] The Provisions of this Act referring to the Governor General +in Council shall be construed as referring to the Governor General +acting by and with the Advice of the Queen's Privy Council for Canada. + +14. [Power to Her Majesty to authorize Governor General to appoint +Deputies.] It shall be lawful for the Queen, if Her Majesty thinks fit, +to authorize the Governor General from Time to Time to appoint any +Person or any Persons jointly or severally to be his Deputy or Deputies +within any Part or Parts of Canada, and in that Capacity to exercise +during the Pleasure of the Governor General such of the Powers, +Authorities, and Functions of the Governor General as the Governor +General deems it necessary or expedient to assign to him or them, +subject to any Limitations or Directions expressed or given by the +Queen; but the Appointment of such a Deputy or Deputies shall not affect +the Exercise by the Governor General himself of any Power, Authority, or +Function. + +15. [Command of Armed Forces to continue to be vested in the Queen.] The +Command-in-Chief of the Land and Naval Militia, and of all Naval and +Military Forces, of and in Canada, is hereby declared to continue and be +vested in the Queen. + +16. [Seat of Government of Canada.] Until the Queen otherwise directs +the Seat of Government of Canada shall be Ottawa. + + + + IV.--LEGISLATIVE POWER. + + +17. [Constitution of Parliament of Canada.] There shall be One +Parliament for Canada, consisting of the Queen, an Upper House styled +the Senate, and the House of Commons. + +18. [Privileges, &c. of Houses.] The Privileges, Immunities, and Powers +to be held, enjoyed, and exercised by the Senate and by the House of +Commons and by the Members thereof respectively shall be such as are +from Time to Time defined by Act of the Parliament of Canada, but so +that the same shall never exceed those at the passing of this Act held, +enjoyed, and exercised by the Commons House of Parliament of the United +Kingdom of Great Britain and Ireland and by the Members thereof. + +19. [First Session of the Parliament of Canada.] The Parliament of +Canada shall be called together not later than Six Months after the +Union. + +20. [Yearly Session of the Parliament of Canada.] There shall be a +Session of the Parliament of Canada once at least in every Year, so that +Twelve Months shall not intervene between the last Sitting of the +Parliament in one Session and its first Sitting in the next Session. + + +The Senate. + + +21. [Number of Senators.] The Senate shall, subject to the Provisions +of this Act, consist of Seventy-two Members, who shall be styled +Senators. + +22. [Representation of Provinces in Senate.] In relation to the +Constitution of the Senate, Canada shall be deemed to consist of Three +Divisions: + + 1. Ontario; + 2. Quebec; + 3. The Maritime Provinces, Nova Scotia and New Brunswick; + +which Three Divisions shall (subject to the Provisions of this Act) be +equally represented in the Senate as follows: Ontario by Twenty-four +Senators; Quebec by Twenty-four Senators; and the Maritime Provinces +by Twenty-four Senators, Twelve thereof representing Nova Scotia, and +Twelve thereof representing New Brunswick. + +In the Case of Quebec each of the Twenty-four Senators representing +that Province shall be appointed for One of the Twenty-four Electoral +Divisions of Lower Canada specified in Schedule A. to Chapter One of +the Consolidated Statutes of Canada. + + +23. [Qualifications of Senator.] The Qualifications of a Senator shall +be as follows: + +(1.) He shall be of the full age of Thirty Years: +(2.) He shall be either a Natural-born Subject of the Queen, or a + Subject of the Queen naturalized by an 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 One of the Provinces + of Upper Canada, Lower Canada, Canada, Nova Scotia, or New + Brunswick, before the Union, or of the Parliament of Canada after + the Union: +(3.) He shall be legally or equitably seised as of Freehold for his own + Use and Benefit of Lands or Tenements held in Free and Common + Socage, or seised or possessed for his own Use and Benefit of Lands + or Tenements held in Franc-alleu or in Roture, within the Province + for which he is appointed, of the Value of Four thousand Dollars, + over and above all Rents, Dues, Debts, Charges, Mortgages, and + Incumbrances due or payable out of or charged on or affecting the + same: +(4.) His Real and Personal Property shall be together worth Four + thousand Dollars over and above his Debts and Liabilities: +(5.) He shall be resident in the Province for which he is appointed: +(6.) In the case of Quebec he shall have his Real Property Qualification + in the Electoral Division for which he is appointed, or shall be + resident in that Division. + +24. [Summons of Senator.] The Governor General shall from Time to Time, +in the Queen's Name, by Instrument under the Great Seal of Canada, +summon qualified Persons to the Senate; and, subject to the Provisions +of this Act, every Person so summoned shall become and be a Member of +the Senate and a Senator. + +25. [Summons of First Body of Senators.] Such Persons shall be first +summoned to the Senate as the Queen by Warrant under Her Majesty's Royal +Sign Manual thinks fit to approve, and their Names shall be inserted in +the Queen's Proclamation of Union. + +26. [Addition of Senators in certain Cases.] If at any Time on the +Recommendation of the Governor General the Queen thinks fit to direct +that Three or Six Members be added to the Senate, the Governor General +may by Summons to Three or Six qualified Persons (as the Case may be), +representing equally the Three Divisions of Canada, add to the Senate +accordingly. + + +27. [Reduction of Senate to normal number.] In case of such Addition +being at any Time made, the Governor General shall not summon any Person +to the Senate, except on a further like Direction by the Queen on the +like Recommendation, until each of the Three Divisions of Canada is +represented by Twenty-four Senators and no more. + +28. [Maximum Number of Senators.] The Number of Senators shall not at +any Time exceed Seventy-eight. + +29. [Tenure of Place in Senate.] A Senator shall, subject to the +Provisions of this Act, hold his Place in the Senate for Life. + +30. [Resignation of Place in Senate.] A Senator may by Writing under his +Hand addressed to the Governor General resign his Place in the Senate, +and thereupon the same shall be vacant. + +31. [Disqualification of Senators.] The Place of a Senator shall become +vacant in any of the following Cases:-- + +(1.) If for Two consecutive Sessions of the Parliament he fails to give + his Attendance in the Senate: +(2.) If he takes an Oath or makes a Declaration or Acknowledgment of + Allegiance, Obedience, or Adherence to a Foreign Power, or does an + Act whereby he becomes a Subject or Citizen, or entitled to the + Rights or Privileges of a Subject or Citizen, of a Foreign Power: +(3.) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit + of any Law relating to Insolvent Debtors, or becomes a public + Defaulter: +(4.) If he is attainted of Treason or convicted of Felony or of any + infamous Crime: +(5.) If he ceases to be qualified in respect of Property or of + Residence; provided, that a Senator shall not be deemed to have + ceased to be qualified in respect of Residence by reason only of + his residing at the Seat of the Government of Canada while holding + an Office under that Government requiring his Presence there. + +32. [Summons on Vacancy in Senate.] When a Vacancy happens in the Senate +by Resignation, Death, or otherwise, the Governor General shall by +Summons to a fit and qualified Person fill the Vacancy. + +33. [Questions as to Qualifications and Vacancies in Senate.] If any +Question arises respecting the Qualification of a Senator or a Vacancy +in the Senate the same shall be heard and determined by the Senate. + + +34. [Appointment of Speaker of Senate.] The Governor General may from +Time to Time, by Instrument under the Great Seal of Canada, appoint a +Senator to be Speaker of the Senate, and may remove him and appoint +another in his Stead. + +35. [Quorum of Senate.] Until the Parliament of Canada otherwise +provides, the Presence of at least Fifteen Senators, including the +Speaker, shall be necessary to constitute a Meeting of the Senate for +the Exercise of its Powers. + +36. [Voting in Senate.] Questions arising in the Senate 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. + + +The House of Commons. + + +37. [Constitution of House of Commons in Canada.] The House of Commons +shall, subject to the Provisions of this Act, consist of One hundred and +eighty-one Members, of whom Eighty-two shall be elected for Ontario, +Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New +Brunswick. + + +38. [Summoning of House of Commons.] The Governor General shall from +Time to Time, in the Queen's Name, by Instrument under the Great Seal of +Canada, summon and call together the House of Commons. + +39. [Senators not to sit in House of Commons.] A Senator shall not be +capable of being elected or of sitting or voting as a Member of the +House of Commons. + +40. [Electoral Districts of the Four Provinces.] Until the Parliament +of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New +Brunswick shall, for the Purposes of the Election of Members to serve in +the House of Commons, be divided into Electoral Districts as follows: + +1.--ONTARIO. + +Ontario shall be divided into the Counties, Ridings of Counties, Cities, +Parts of Cities, and Towns enumerated in the First Schedule to this Act, +each whereof shall be an Electoral District, each such District as +numbered in that Schedule being entitled to return One Member. + +2.--QUEBEC. + +Quebec shall be divided into Sixty-five Electoral Districts, composed +of the Sixty-five Electoral Divisions into which Lower Canada is at +the passing of this Act divided under Chapter Two of the Consolidated +Statutes of Canada, Chapter Seventy-five of the Consolidated Statutes +for Lower Canada, and the Act of the Province of Canada of the +Twenty-third Year of the Queen, Chapter One, or any other Act amending +the same in force at the Union, so that each such Electoral Division +shall be for the Purposes of this Act an Electoral District entitled +to return One Member. + +3.--NOVA SCOTIA. + +Each of the Eighteen Counties of Nova Scotia shall be an Electoral +District. The County of Halifax shall be entitled to return Two Members, +and each of the other Counties One Member. + +4.--NEW BRUNSWICK. + +Each of the Fourteen Counties into which New Brunswick is divided, +including the City and County of St. John, shall be an Electoral +District; The City of St. John shall also be a separate Electoral +District. Each of those Fifteen Electoral Districts shall be entitled +to return One Member. + +41. [Continuance of existing Election Laws until Parliament of Canada +otherwise provides.] Until the Parliament of Canada otherwise provides, +all Laws in force in the several Provinces at the Union 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 House of Assembly or Legislative Assembly in the several +Provinces, the Voters at Elections of such Members, the Oaths to be +taken by Voters, the Returning Officers, their Powers and Duties, the +Proceedings at Elections, the Periods during which Elections may be +continued, the Trial of controverted Elections, and Proceedings incident +thereto, the vacating of Seats of Members, and the Execution of new +Writs in case of Seats vacated otherwise than by Dissolution,--shall +respectively apply to Elections of Members to serve in the House of +Commons for the same several Provinces. + +Provided that, until the Parliament of Canada otherwise provides, at +any Election for a Member of the House of Commons for the District of +Algoma, in addition to Persons qualified by the Law of the Province of +Canada to vote, every male British Subject, aged Twenty-one Years or +upwards, being a Householder, shall have a Vote. + +42. [Writs for First Election.] For the First Election of Members to +serve in the House of Commons the Governor General shall cause Writs to +be issued by such Person, in such Form, and addressed to such Returning +Officers as he thinks fit. + +The Person issuing Writs under this Section shall have the like Powers +as are possessed at the Union by the Officers charged with the issuing +of Writs for the Election of Members to serve in the respective House of +Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, +or New Brunswick; and the Returning Officers to whom Writs are directed +under this Section shall have the like Powers as are possessed at the +Union by the Officers charged with the returning of Writs for the +Election of Members to serve in the same respective House of Assembly +or Legislative Assembly. + + +43. [As to Casual Vacancies.] In case a Vacancy in the Representation +in the House of Commons of any Electoral District happens before the +Meeting of the Parliament, or after the Meeting of the Parliament before +Provision is made by the Parliament in this Behalf, the Provisions of +the last foregoing Section of this Act shall extend and apply to the +issuing and returning of a Writ in respect of such Vacant District. + +44. [As to Election of Speaker of House of Commons.] The House of +Commons on its first assembling after a General Election shall proceed +with all practicable Speed to elect One of its Members to be Speaker. + +45. [As to filling up Vacancy in Office of Speaker.] In case of a +Vacancy happening in the Office of Speaker by Death, Resignation, or +otherwise, the House of Commons shall with all practicable Speed proceed +to elect another of its Members to be Speaker. + +46. [Speaker to preside.] The Speaker shall preside at all Meetings of +the House of Commons. + +47. [Provision in case of Absence of Speaker.] Until the Parliament of +Canada otherwise provides, in case of the Absence for any Reason of +the Speaker from the Chair of the House of Commons for a Period of +Forty-eight consecutive Hours, the House may elect another of its +Members to act as Speaker, and the Member so elected shall during the +Continuance of such Absence of the Speaker have and execute all the +Powers, Privileges, and Duties of Speaker. + +48. [Quorum of House of Commons.] The Presence of at least Twenty +Members of the House of Commons shall be necessary to constitute a +Meeting of the House for the Exercise of its Powers; and for that +Purpose the Speaker shall be reckoned as a Member. + +49. [Voting in House of Commons.] Questions arising in the House of +Commons shall be decided by a Majority of Voices other than that of the +Speaker, and when the Voices are equal, but not otherwise, the Speaker +shall have a Vote. + +50. [Duration of House of Commons.] Every House of Commons shall +continue for Five Years from the Day of the Return of the Writs for +choosing the House (subject to be sooner dissolved by the Governor +General), and no longer. + +51. [Decennial Re-adjustment of Representation.] On the Completion of +the Census in the Year One thousand eight hundred and seventy-one, and +of each subsequent decennial Census, the Representation of the Four +Provinces shall be readjusted by such Authority, in such Manner, and +from such Time, as the Parliament of Canada from Time to Time provides, +subject and according to the following Rules: + +(1.) Quebec shall have the fixed Number of Sixty-five Members: +(2.) There shall be assigned to each of the other Provinces such a + Number of Members as will bear the same Proportion to the Number + of its Population (ascertained at such Census) as the Number + Sixty-five bears to the Number of the Population of Quebec + (so ascertained): +(3.) In the Computation of the Number of Members for a Province a + fractional Part not exceeding One Half of the whole Number + requisite for entitling the Province to a Member shall be + disregarded; but a fractional Part exceeding One Half of that + Number shall be equivalent to the whole Number: +(4.) On any such Re-adjustment the Number of Members for a Province + shall not be reduced unless the Proportion which the Number of the + Population of the Province bore to the Number of the aggregate + Population of Canada at the then last preceding Re-adjustment of + the Number of Members for the Province is ascertained at the then + latest Census to be diminished by One Twentieth Part or upwards: +(5.) Such Re-adjustment shall not take effect until the Termination + of the then existing Parliament. + +52. [Increase of Number of House of Commons.] The Number of Members +of the House of Commons may be from Time to Time increased by the +Parliament of Canada, provided the proportionate Representation of +the Provinces prescribed by this Act is not thereby disturbed. + + +Money Votes; Royal Assent. + + +53. [Appropriation and tax Bills.] Bills for appropriating any Part of +the Public Revenue, or for imposing any Tax or Impost, shall originate +in the House of Commons. + +54. [Recommendation of Money Votes.] It shall not be lawful for the +House of Commons to adopt or pass any Vote, Resolution, Address, or Bill +for the Appropriation of any Part of the Public Revenue, or of any Tax +or Impost, to any Purpose that has not been first recommended to that +House by Message of the Governor General in the Session in which such +Vote, Resolution, Address, or Bill is proposed. + +55. [Royal Assent to Bills, &c.] Where a Bill passed by the Houses of +the Parliament is presented to the Governor General for the Queen's +Assent, he shall declare, according to his Discretion, but subject to +the Provisions of this Act and to Her Majesty's Instructions, either +that he assents thereto in the Queen's Name, or that he withholds the +Queen's Assent, or that he reserves the Bill for the Signification of +the Queen's Pleasure. + +56. [Disallowance by Order in Council of Act assented to by Governor +General.] Where the Governor General assents to a Bill in the Queen's +Name, he shall by the first convenient Opportunity send an authentic +Copy of the Act to One of Her Majesty's Principal Secretaries of State, +and if the Queen in Council within Two Years after Receipt thereof by +the Secretary of State thinks fit to disallow the Act, such Disallowance +(with a Certificate of the Secretary of State of the Day on which the +Act was received by him) being signified by the Governor General, +by Speech or Message to each of the Houses of the Parliament or by +Proclamation, shall annul the Act from and after the Day of such +Signification. + +57. [Signification of Queen's Pleasure on Bill reserved.] A Bill +reserved for the Signification of the Queen's Pleasure shall not have +any Force unless and until within Two Years from the Day on which it was +presented to the Governor General for the Queen's Assent, the Governor +General signifies, by Speech or Message to each of the Houses of the +Parliament or by Proclamation, that it has received the Assent of the +Queen in Council. + +An Entry of every such Speech, Message, or Proclamation shall be made in +the Journal of each House, and a Duplicate thereof duly attested shall +be delivered to the proper Officer to be kept among the Records of +Canada. + + + + V.--PROVINCIAL CONSTITUTIONS. + + +Executive Power. + + +58. [Appointment of Lieutenant Governors of Provinces.] 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. [Tenure of Office of Lieutenant Governor.] 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 removeable within Five +Years from 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. [Salaries of Lieutenant Governors.] The Salaries of the Lieutenant +Governors shall be fixed and provided by the Parliament of Canada. + +61. [Oaths, &c. of Lieutenant Governor.] 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. [Application of provisions referring to Lieutenant Governor.] 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. [Appointment of Executive Officers for Ontario and Quebec.] The +Executive Council of Ontario and of Quebec shall be composed of such +Persons 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. + +64. [Executive Government of Nova Scotia and New Brunswick.] The +Constitution of the Executive Authority in each of the Provinces of Nova +Scotia and New Brunswick shall, subject to the Provisions of this Act, +continue as it exists at the Union until altered under the Authority of +this Act. + +65. [Powers to be exercised by Lieutenant Governor of Ontario or Quebec +with Advice, or alone.] 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 with the +Advice and 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, be vested +in and shall or may be exercised by the Lieutenant Governor 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. + +66. [Application of provisions referring to Lieutenant Governor in +Council.] 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 of the Executive +Council thereof. + +67. [Administration in Absence, &c. of Lieutenant Governor.] 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. [Seats of Provincial Governments.] Unless and until the Executive +Government of any Province otherwise directs with respect to that +Province, the Seats of Government of the Provinces shall be as follows, +namely,--of Ontario, the City of Toronto; of Quebec, the City of Quebec; +of Nova Scotia, the City of Halifax; and of New Brunswick, the City of +Fredericton. + + +Legislative Power. + + +1.--ONTARIO. + +69. [Legislature for Ontario.] There shall be a Legislature for Ontario +consisting of the Lieutenant Governor and of One House, styled the +Legislative Assembly of Ontario. + +70. [Electoral districts.] The Legislative Assembly of Ontario shall +be composed of Eighty-two Members, to be elected to represent the +Eighty-two Electoral Districts set forth in the First Schedule to +this Act. + +2.--QUEBEC. + +71. [Legislature for Quebec.] 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. + +72. [Constitution of Legislative Council.] 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. [Qualification of Legislative Councillors.] The Qualifications of +the Legislative Councillors of Quebec shall be the same as those of the +Senators for Quebec. + +74. [Resignation, Disqualification, &c.] 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. [Vacancies.] 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. [Questions as to Vacancies, &c.] 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. [Speaker of Legislative Council.] 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. [Quorum of Legislative Council.] 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. [Voting in Legislative Council.] +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. [Constitution of Legislative Assembly of Quebec.] 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. + + +3.--ONTARIO AND QUEBEC. + +81. [First Session of Legislatures.] The Legislatures of Ontario and +Quebec respectively shall be called together not later than Six Months +after the Union. + +82. [Summoning of Legislative Assemblies.] 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. [Restriction on election of holders of offices.] 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 an annual Salary, or any 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. + +84. [Continuance of existing Election Laws.] 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 or 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 the +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. + +Provided that until the Legislature of Ontario otherwise provides, at +any Election for a Member of the Legislative Assembly of Ontario for the +District of Algoma, in addition to Persons qualified by the Law of the +Province of Canada to vote, every male British Subject, aged Twenty-one +Years or upwards, being a Householder, shall have a Vote. + +85. [Duration of Legislative Assemblies.] 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. + +86. [Yearly Session of Legislature.] 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 Province in one Session and its first Sitting +in the next Session. + +87. [Speaker, Quorum, &c.] 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 the 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. + +4.--NOVA SCOTIA AND NEW BRUNSWICK. + +88. [Constitutions of Legislatures of Nova Scotia and New Brunswick.] +The Constitution of the Legislature of each of the Provinces of Nova +Scotia and New Brunswick shall, subject to the Provisions of this Act, +continue as it exists at the Union until altered under the Authority +of this Act; and the House of Assembly of New Brunswick existing at +the passing of this Act shall, unless sooner dissolved, continue for +the Period for which it was elected. + +5.--ONTARIO, QUEBEC AND NOVA SCOTIA. + +89. [First Elections.] Each of the Lieutenant Governors of Ontario, +Quebec and Nova Scotia shall cause Writs to be issued for the First +Election of Members of the Legislative Assembly thereof in such Form and +by such Person as he thinks fit, and at such Time and addressed to such +Returning Officer as the Governor General directs, and so that the +First Election of Member of Assembly for any Electoral District or any +Subdivision thereof shall be held at the same Time and at the same +Places as the Election for a Member to serve in the House of Commons of +Canada for that Electoral District. + +6.--THE FOUR PROVINCES. + +90. [Application to Legislatures of Provisions respecting Money Votes, +&c.] 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. + + + + VI.--DISTRIBUTION OF LEGISLATIVE POWERS. + + +Powers of the Parliament. + + +91. [Legislative Authority of Parliament of Canada.] It shall be lawful +for the Queen, by and with the Advice and Consent of the Senate and +House of Commons, to make Laws for 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; and for greater Certainty, but not so as to restrict the +Generality of the foregoing Terms of this Section, it is hereby declared +that (notwithstanding anything in this Act) the exclusive Legislative +Authority of the Parliament of Canada extends to all Matters coming +within the Classes of Subjects next hereinafter enumerated; that is +to say,-- + + 1. The Public Debt and Property. + 2. The Regulation of Trade and Commerce. + 3. The raising of Money by any Mode or System of Taxation. + 4. The borrowing of Money on the Public Credit. + 5. Postal Service. + 6. The Census and Statistics. + 7. Militia, Military and Naval Service, and Defence. + 8. The fixing of and providing for the Salaries and Allowances of + Civil and other Officers of the Government of Canada. + 9. Beacons, Buoys, Lighthouses, and Sable Island. + 10. Navigation and Shipping. + 11. Quarantine and the Establishment and Maintenance of Marine + Hospitals. + 12. Sea Coast and Inland Fisheries. + 13. Ferries between a Province and any British or Foreign Country or + between Two Provinces. + 14. Currency and Coinage. + 15. Banking, Incorporation of Banks, and the Issue of Paper Money. + 16. Savings Banks. + 17. Weights and Measures. + 18. Bills of Exchange and Promissory Notes. + 19. Interest. + 20. Legal Tender. + 21. Bankruptcy and Insolvency. + 22. Patents of Invention and Discovery. + 23. Copyrights. + 24. Indians, and Lands reserved for the Indians. + 25. Naturalization and Aliens. + 26. Marriage and Divorce. + 27. The Criminal Law, except the Constitution of Courts of Criminal + Jurisdiction, but including the Procedure in Criminal Matters. + 28. The Establishment, Maintenance, and Management of Penitentiaries. + 29. Such Classes of Subjects as are expressly excepted in the + Enumeration of the Classes of Subjects by this Act assigned + exclusively to the Legislatures of the Provinces. + +And any Matter coming within any of the Classes of Subjects enumerated +in this Section shall not be deemed to come within the Class of Matters +of a local or private Nature comprised in the Enumeration of the Classes +of Subjects by this Act assigned exclusively to the Legislatures of the +Provinces. + + +Exclusive Powers of Provincial Legislatures. + + +92. [Subjects of exclusive Provincial Legislation.] In each Province +the Legislature may exclusively make Laws in relation to Matters coming +within the Classes of Subjects next hereinafter enumerated, that is to +say,-- + + 1. The Amendment from Time to Time, notwithstanding anything in this + Act, of the Constitution of the Province, except as regards the + Office of Lieutenant Governor. + 2. Direct Taxation within the Province in order to the raising of + a Revenue for Provincial Purposes. + 3. The borrowing of Money on the sole Credit of the Province. + 4. The Establishment and Tenure of Provincial Offices and the + Appointment and Payment of Provincial Officers. + 5. The Management and Sale of the Public Lands belonging to the + Province and of the Timber and Wood thereon. + 6. The Establishment, Maintenance, and Management of Public and + Reformatory Prisons in and for the Province. + 7. The Establishment, Maintenance, and Management of Hospitals, + Asylums, Charities, and Eleemosynary Institutions in and for + the Province, other than Marine Hospitals. + 8. Municipal Institutions in the Province. + 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to + the raising of a Revenue for Provincial, Local, or Municipal + Purposes. + 10. Local Works and Undertakings other than such as are of the + following Classes,-- + a. Lines of Steam or other Ships, Railways, Canals, Telegraphs, + and other Works and Undertakings connecting the Province with + any other or others of the Provinces, or extending beyond the + Limits of the Province: + b. Lines of Steam Ships between the Province and any British + or Foreign Country: + c. Such Works as, although wholly situate within the Province, + are before or after their Execution declared by the + Parliament of Canada to be for the general Advantage of + Canada or for the Advantage of Two or more of the Provinces. + 11. The Incorporation of Companies with Provincial Objects. + 12. The Solemnization of Marriage in the Province. + 13. Property and Civil Rights in the Province. + 14. The Administration of Justice in the Province, including the + Constitution, Maintenance, and Organization of Provincial Courts, + both of Civil and of Criminal Jurisdiction, and including + Procedure in Civil Matters in those Courts. + 15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for + enforcing any Law of the Province made in relation to any Matter + coming within any of the Classes of Subjects enumerated in this + Section. + 16. Generally all Matters of a merely local or private Nature in the + Province. + + +Education. + + +93. [Legislation respecting Education.] In and for each Province the +Legislature may exclusively make Laws in relation to Education, subject +and according to the following Provisions:-- + +(1.) Nothing in any such Law shall prejudicially affect any Right or + Privilege with respect to Denominational Schools which any Class + of Persons have by Law in the Province at the Union: +(2.) All the Powers, Privileges, and Duties at the Union by Law + conferred and imposed in Upper Canada on the Separate Schools and + School Trustees of the Queen's Roman Catholic Subjects shall be + and the same are hereby extended to the Dissentient Schools of the + Queen's Protestant and Roman Catholic Subjects in Quebec: +(3.) Where in any Province a System of Separate or Dissentient + Schools exists by Law at the Union or is thereafter established + by the Legislature of the Province, an Appeal shall lie to the + Governor General in Council from any Act or Decision of any + Provincial Authority affecting any Right or Privilege of the + Protestant or Roman Catholic Minority of the Queen's Subjects in + relation to Education: +(4.) In case any such Provincial Law as from Time to Time seems to + the Governor General in Council requisite for the due Execution + of the Provisions of this Section is not made, or in case any + Decision of the Governor General in Council on any Appeal under + this Section is not duly executed by the proper Provincial + Authority in that Behalf, then and in every such Case, and as far + only as the Circumstances of each Case require, the Parliament + of Canada may make remedial Laws for the due Execution of the + Provisions of this Section and of any Decision of the Governor + General in Council under this Section. + + +Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick. + + +94. [Legislation for Uniformity of Laws in three Provinces.] +Notwithstanding anything in this Act, the Parliament of Canada may make +Provision for the Uniformity of all or any of the Laws relative to +Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, +and of the Procedure of all or any of the Courts in those Three +Provinces, and from and after the passing of any Act in that Behalf +the Power of the Parliament of Canada to make Laws in relation to any +Matter comprised in any such Act shall, notwithstanding anything in this +Act, be unrestricted; but any Act of the Parliament of Canada making +Provision for such Uniformity shall not have effect in any Province +unless and until it is adopted and enacted as Law by the Legislature +thereof. + + +Agriculture and Immigration. + + +95. [Concurrent Powers of Legislation respecting Agriculture, &c.] In +each Province the Legislature may make Laws in relation to Agriculture +in the Province, and to Immigration into the Province; and it is hereby +declared that the Parliament of Canada may from Time to Time make +Laws in relation to Agriculture in all or any of the Provinces, and +to Immigration into all or any of the Provinces; and any Law of the +Legislature of a Province relative to Agriculture or to Immigration +shall have effect in and for the Province as long and as far only as +it is not repugnant to any Act of the Parliament of Canada. + + + + VII.--JUDICATURE. + + +96. [Appointment of Judges.] The Governor General shall appoint the +Judges of the Superior, District, and County Courts in each Province, +except those of the Courts of Probate in Nova Scotia and New Brunswick. + +97. [Selection of Judges in Ontario, &c.] Until the Laws relative to +Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, +and the Procedure of the Courts in those Provinces, are made uniform, +the Judges of the Courts of those Provinces appointed by the Governor +General shall be selected from the respective Bars of those Provinces. + +98. [Selection of Judges in Quebec.] The Judges of the Courts of Quebec +shall be selected from the Bar of that Province. + +99. [Tenure of Office of Judges of Superior Courts.] 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. + +100. [Salaries, &c., of Judges.] The Salaries, Allowances, and Pensions +of the Judges of the Superior, District, and County Courts (except the +Courts of Probate in Nova Scotia and New Brunswick), and of the +Admiralty Courts in Cases where the Judges thereof are for the Time +being paid by Salary, shall be fixed and provided by the Parliament of +Canada. + +101. [General Court of Appeal, &c.] The Parliament of Canada may, +notwithstanding anything in this Act, from Time to Time, provide for the +Constitution, Maintenance, and Organization of a General Court of Appeal +for Canada, and for the Establishment of any additional Courts for the +better Administration of the Laws of Canada. + + + + VIII.--REVENUES; DEBTS; ASSETS; TAXATION. + + +102. [Creation of Consolidated Revenue Fund.] All Duties and Revenues +over which the respective Legislatures of Canada, Nova Scotia, and New +Brunswick before and at the Union had and have Power of Appropriation, +except such Portions thereof as are by this Act reserved to the +respective Legislatures of the Provinces, or are raised by them in +accordance with the special Powers conferred on them by this Act, shall +form One Consolidated Revenue Fund, to be appropriated for the Public +Service of Canada in the Manner and subject to the Charges in this Act +provided. + +103. [Expenses of Collection, &c.] The Consolidated Revenue Fund of +Canada shall be permanently charged with the Costs, Charges, and +Expenses incident to the Collection, Management, and Receipt thereof, +and the same shall form the First Charge thereon, subject to be reviewed +and audited in such Manner as shall be ordered by the Governor General +in Council until the Parliament otherwise provides. + +104. [Interest of Provincial Public Debts.] The annual Interest of the +Public Debts of the several Provinces of Canada, Nova Scotia, and New +Brunswick at the Union shall form the Second Charge on the Consolidated +Revenue Fund of Canada. + +105. [Salary of Governor General.] Unless altered by the Parliament of +Canada, the salary of the Governor General shall be Ten thousand Pounds +Sterling Money of the United Kingdom of Great Britain and Ireland, +payable out of the Consolidated Revenue Fund of Canada, and the same +shall form the Third Charge thereon. + +106. [Appropriation from time to time.] Subject to the several Payments +by this Act charged on the Consolidated Revenue Fund of Canada, the same +shall be appropriated by the Parliament of Canada for the Public +Service. + +107. [Transfer of Stocks, &c.] All Stocks, Cash, Banker's Balances, +and Securities for Money belonging to each Province at the time of the +Union, except as in this Act mentioned, shall be the Property of Canada, +and shall be taken in Reduction of the Amount of the respective Debts +of the Provinces at the Union. + +108. [Transfer of Property in Schedule.] The Public Works and Property +of each Province, enumerated in the Third Schedule to this Act, shall +be the Property of Canada. + +109. [Property in Lands, Mines, &c.] All Lands, Mines, Minerals, and +Royalties belonging to the several Provinces of Canada, Nova Scotia, +and New Brunswick at the Union, and all Sums then due or payable for +such Lands, Mines, Minerals, or Royalties, shall belong to the several +Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which +the same are situate or arise, subject to any Trusts existing in respect +thereof, and to any Interest other than that of the Province in the +same. + +110. [Assets connected with Provincial Debts.] All Assets connected with +such Portions of the Public Debt of each Province as are assumed by that +Province shall belong to that Province. + +111. [Canada to be liable for Provincial Debts.] Canada shall be liable +for the Debts and Liabilities of each Province existing at the Union. + +112. [Debts of Ontario and Quebec.] Ontario and Quebec conjointly shall +be liable to Canada for the Amount (if any) by which the Debt of the +Province of Canada exceeds at the Union Sixty-two million five hundred +thousand Dollars, and shall be charged with Interest at the Rate of Five +per Centum per Annum thereon. + +113. [Assets of Ontario and Quebec.] The Assets enumerated in the Fourth +Schedule to this Act belonging at the Union to the Province of Canada +shall be the Property of Ontario and Quebec conjointly. + +114. [Debt of Nova Scotia.] Nova Scotia shall be liable to Canada for +the Amount (if any) by which its Public Debt exceeds at the Union Eight +million Dollars, and shall be charged with Interest at the Rate of Five +per Centum per Annum thereon. + +115. [Debt of New Brunswick.] New Brunswick shall be liable to Canada +for the Amount (if any) by which its Public Debt exceeds at the Union +Seven million Dollars, and shall be charged with Interest at the Rate +of Five per Centum per Annum thereon. + +116. [Payment of Interest to Nova Scotia and New Brunswick.] In case +the Public Debts of Nova Scotia and New Brunswick do not at the Union +amount to Eight million and Seven million Dollars respectively, they +shall respectively receive by half-yearly Payments in advance from +the Government of Canada Interest at Five per Centum per Annum on the +Difference between the actual Amounts of their respective Debts and +such stipulated Amounts. + +117. [Provincial Public Property.] The several Provinces shall retain +all their respective Public Property not otherwise disposed of in this +Act, subject to the Right of Canada to assume any Lands or Public +Property required for Fortifications or for the Defence of the Country. + +118. [Grants to Provinces.] The following Sums shall be paid yearly by +Canada to the several Provinces for the Support of their Governments +and Legislatures: + + Dollars. + Ontario . . . . . . . . . . Eighty thousand. + Quebec . . . . . . . . . . .Seventy thousand. + Nova Scotia . . . . . . . . Sixty thousand. + New Brunswick . . . . . . . Fifty thousand. + ------------------ + Two hundred and sixty thousand; + +and an annual Grant in aid of each Province shall be made, equal to +Eighty Cents per Head of the Population as ascertained by the Census +of One thousand eight hundred and sixty-one, and in the Case of Nova +Scotia and New Brunswick, by each subsequent Decennial Census until +the Population of each of those Two Provinces amounts to Four hundred +thousand Souls, at which Rate such Grant shall thereafter remain. Such +Grants shall be in full Settlement of all future Demands on Canada, +and shall be paid half-yearly in advance to each Province; but the +Government of Canada shall deduct from such Grants, as against any +Province, all Sums chargeable as Interest on the Public Debt of that +Province in excess of the several Amounts stipulated in this Act. + +119. [Further Grant to New Brunswick.] New Brunswick shall receive by +half-yearly Payments in advance from Canada for the Period of Ten Years +from the Union an additional Allowance of Sixty-three thousand Dollars +per Annum; but as long as the Public Debt of that Province remains under +Seven million Dollars, a Deduction equal to the Interest at Five per +Centum per Annum on such Deficiency shall be made from that Allowance +of Sixty-three thousand Dollars. + +120. [Form of Payments.] All Payments to be made under this Act, or +in discharge of Liabilities created under any Act of the Provinces of +Canada, Nova Scotia, and New Brunswick respectively, and assumed by +Canada, shall, until the Parliament of Canada otherwise directs, be +made in such Form and Manner as may from Time to Time be ordered by +the Governor General in Council. + +121. [Canadian Manufactures, &c.] All Articles of the Growth, Produce, +or Manufacture of any one of the Provinces shall, from and after the +Union, be admitted free into each of the other Provinces. + +122. [Continuance of customs and excise Laws.] The Customs and Excise +Laws of each Province shall, subject to the Provisions of this Act, +continue in force until altered by the Parliament of Canada. + +123. [Exportation and Importation as between Two Provinces.] Where +Customs Duties are, at the Union, leviable on any Goods, Wares, or +Merchandises in any Two Provinces, those Goods, Wares, and Merchandises +may, from and after the Union, be imported from one of those Provinces +into the other of them on Proof of Payment of the Customs Duty leviable +thereon in the Province of Exportation, and on Payment of such further +Amount (if any) of Customs Duty as is leviable thereon in the Province +of Importation. + +124. [Lumber Dues in New Brunswick.] Nothing in this Act shall affect +the Right of New Brunswick to levy the Lumber Dues provided in Chapter +Fifteen of Title Three of the Revised Statutes of New Brunswick, or in +any Act amending that Act before or after the Union, and not increasing +the Amount of such Dues; but the Lumber of any of the Provinces other +than New Brunswick shall not be subject to such Dues. + +125. [Exemption of Public Lands, &c.] No Lands or Property belonging to +Canada or any Province shall be liable to Taxation. + +126. [Provincial Consolidated Revenue Fund.] Such Portions of the Duties +and Revenues over which the respective Legislatures of Canada, Nova +Scotia, and New Brunswick had before the Union Power of Appropriation as +are by this Act reserved to the respective Governments or Legislatures +of the Provinces, and all Duties and Revenues raised by them in +accordance with the special Powers conferred upon them by this Act, +shall in each Province form One Consolidated Revenue Fund to be +appropriated for the Public Service of the Province. + + + + IX.--MISCELLANEOUS PROVISIONS. + + +General. + + +127. [As to Legislative Councillors of Provinces becoming senators.] If +any Person being at the passing of this Act a Member of the Legislative +Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the +Senate is offered, does not within Thirty Days thereafter, by Writing +under his Hand addressed to the Governor General of the Province of +Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as +the Case may be), accept the same, he shall be deemed to have declined +the same; and any Person who, being at the passing of this Act a Member +of the Legislative Council of Nova Scotia or New Brunswick, accepts a +Place in the Senate shall thereby vacate his Seat in such Legislative +Council. + +128. [Oath of Allegiance, &c.] Every Member of the Senate or House +of Commons of Canada shall before taking his Seat therein take and +subscribe before the Governor General or some Person authorized by him, +and every Member of a Legislative Council or Legislative Assembly of +any Province shall before taking his Seat therein take and subscribe +before the Lieutenant Governor of the Province or some Person authorized +by him, the Oath of Allegiance contained in the Fifth Schedule to this +Act; and every Member of the Senate of Canada and every Member of +the Legislative Council of Quebec shall also, before taking his Seat +therein, take and subscribe before the Governor General, or some Person +authorized by him, the Declaration of Qualification contained in the +same Schedule. + +129. [Continuance of existing Laws, Courts, Officers, &c.] Except +as otherwise provided by this Act, all Laws in force in Canada, +Nova Scotia, or New Brunswick at the Union, and all Courts of Civil +and Criminal Jurisdiction, and all legal Commissions, Powers, +and Authorities, and all Officers, Judicial, Administrative, and +Ministerial, existing therein at the Union, shall continue in Ontario, +Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had +not been made; subject nevertheless (except with respect to such as are +enacted by or exist under Acts of the Parliament of Great Britain or of +the Parliament of the United Kingdom of Great Britain and Ireland,) to +be repealed, abolished, or altered by the Parliament of Canada, or by +the Legislature of the respective Province, according to the Authority +of the Parliament or of that Legislature under this Act. + +130. [Transfer of Officers to Canada.] Until the Parliament of Canada +otherwise provides, all Officers of the several Provinces having Duties +to discharge in relation to Matters other than those coming within +the Classes of Subjects by this Act assigned exclusively to the +Legislatures of the Provinces shall be Officers of Canada, and shall +continue to discharge the Duties of their respective Offices under the +same Liabilities, Responsibilities, and Penalties as if the Union had +not been made. + +131. [Appointment of new Officers.] Until the Parliament of Canada +otherwise provides, the Governor General in Council may from Time to +Time appoint such Officers as the Governor General in Council deems +necessary or proper for the effectual Execution of this Act. + +132. [Treaty Obligations.] The Parliament and Government of Canada +shall have all Powers necessary or proper for performing the Obligations +of Canada or of any Province thereof, as Part of the British Empire, +towards Foreign Countries arising under Treaties between the Empire and +such Foreign Countries. + +133. [Use of English and French Languages.] Either the English or the +French Language may be used by any Person in the Debates of the Houses +of the Parliament of Canada and of the Houses of the Legislature of +Quebec; and both those Languages shall be used in the respective Records +and Journals of those Houses; and either of those Languages may be used +by any Person or in any Pleading or Process in or issuing from any Court +of Canada established under this Act, and in or from all or any of the +Courts of Quebec. + +The Acts of the Parliament of Canada and of the Legislature of Quebec +shall be printed and published in both those Languages. + + +Ontario and Quebec. + + +134. [Appointment of executive officers for Ontario and Quebec.] Until +the Legislature of Ontario or of Quebec otherwise provides, the +Lieutenant Governors of Ontario and Quebec may each appoint under the +Great Seal of the Province the following Officers, to hold Office +during Pleasure, that is to say,--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, and in the Case of Quebec the Solicitor General, and +may, by Order of the Lieutenant Governor in Council, from Time to Time +prescribe the Duties of those Officers and of the several Departments +over which they shall preside or to which they shall belong, and of the +Officers and Clerks thereof; and may also appoint other and additional +Officers to hold Office during Pleasure, and may from Time to Time +prescribe the Duties of those Officers, and of the several Departments +over which they shall preside or to which they shall belong, and of the +Officers and Clerks thereof. + +135. [Powers, duties, &c., of Executive officers.] Until the Legislature +of Ontario or Quebec otherwise provides, all Rights, Powers, Duties, +Functions, Responsibilities, or Authorities at the passing of this +Act vested in or imposed on the Attorney General, Solicitor General, +Secretary and Registrar of the Province of Canada, Minister of Finance, +Commissioner of Crown Lands, Commissioner of Public Works, and Minister +of Agriculture and Receiver General, by any Law, Statute or Ordinance +of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, +shall be vested in or imposed on any Officer to be appointed by the +Lieutenant Governor for the Discharge of the same or any of them; and +the Commissioner of Agriculture and Public Works shall perform the +Duties and Functions of the Office of Minister of Agriculture at the +passing of this Act imposed by the Law of the Province of Canada, as +well as those of the Commissioner of Public Works. + +136. [Great Seals.] Until altered by the Lieutenant Governor in Council, +the Great Seals of Ontario and Quebec respectively shall be the same, or +of the same Design, as those used in the Provinces of Upper Canada and +Lower Canada respectively before their Union as the Province of Canada. + +137. [Construction of temporary Acts.] The Words "and from thence to the +End of the then next ensuing Session of the Legislature," or Words to +the same Effect, used in any temporary Act of the Province of Canada not +expired before the Union, shall be construed to extend and apply to the +next Session of the Parliament of Canada if the Subject Matter of the +Act is within the Powers of the same, as defined by this Act, or to the +next Sessions of the Legislatures of Ontario and Quebec respectively, +if the Subject Matter of the Act is within the Powers of the same as +defined by this Act. + +138. [As to Errors in Names.] From and after the Union the Use of the +Words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of +"Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or +Thing, shall not invalidate the same. + +139. [As to Issue of Proclamations before Union, to commence after +Union.] Any Proclamation under the Great Seal of the Province of Canada +issued before the Union to take effect at a Time which is subsequent to +the Union, whether relating to that Province, or to Upper Canada, or +to Lower Canada, and the several Matters and Things therein proclaimed +shall be and continue of like Force and Effect as if the Union had not +been made. + +140. [As to Issue of Proclamations after Union.] Any Proclamation which +is authorized by any Act of the Legislature of the Province of Canada +to be issued under the Great Seal of the Province of Canada, whether +relating to that Province, or to Upper Canada, or to Lower Canada, and +which is not issued before the Union, may be issued by the Lieutenant +Governor of Ontario or of Quebec, as its Subject Matter requires, +under the Great Seal thereof; and from and after the Issue of such +Proclamation the same and the several Matters and Things therein +proclaimed shall be and continue of the like Force and Effect in Ontario +or Quebec as if the Union had not been made. + +141. [Penitentiary.] The Penitentiary of the Province of Canada shall, +until the Parliament of Canada otherwise provides, be and continue the +Penitentiary of Ontario and of Quebec. + +142. [Arbitration respecting Debts, &c.] The Division and Adjustment +of the Debts, Credits, Liabilities, Properties, and Assets of Upper +Canada and Lower Canada shall be referred to the Arbitrament of Three +Arbitrators, One chosen by the Government of Ontario, One by the +Government of Quebec, and One by the Government of Canada; and the +Selection of the Arbitrators shall not be made until the Parliament of +Canada and the Legislatures of Ontario and Quebec have met; and the +Arbitrator chosen by the Government of Canada shall not be a Resident +either in Ontario or in Quebec. + +143. [Division of Records.] The Governor General in Council may from +Time to Time order that such and so many of the Records, Books, +and Documents of the Province of Canada as he thinks fit shall be +appropriated and delivered either to Ontario or to Quebec, and the +same shall thenceforth be the Property of that Province; and any Copy +thereof or Extract therefrom, duly certified by the Officer having +charge of the Original thereof, shall be admitted as Evidence. + +144. [Constitution of Townships in Quebec.] The Lieutenant Governor of +Quebec may from Time to Time, by Proclamation under the Great Seal +of the Province, to take effect from a Day to be appointed therein, +constitute Townships in those Parts of the Province of Quebec in which +Townships are not then already constituted, and fix the Metes and +Bounds thereof. + + + + X.--INTERCOLONIAL RAILWAY. + + +145. [Duty of Government and Parliament of Canada to make Railway herein +described.] Inasmuch as the Provinces of Canada, Nova Scotia, and New +Brunswick have joined in a Declaration that the Construction of the +Intercolonial Railway is essential to the Consolidation of the Union of +British North America, and to the Assent thereto of Nova Scotia and New +Brunswick, and have consequently agreed that Provision should be made +for its immediate Construction by the Government of Canada: Therefore, +in order to give effect to that Agreement, it shall be the Duty of the +Government and Parliament of Canada to provide for the Commencement +within Six Months after the Union, of a Railway connecting the River +St. Lawrence with the City of Halifax in Nova Scotia, and for the +Construction thereof without Intermission, and the Completion thereof +with all practicable Speed. + + + + XI.--ADMISSION OF OTHER COLONIES. + + +146. [Power to admit Newfoundland, &c., into the Union.] It shall be +lawful for the Queen, by and with the Advice of Her Majesty's Most +Honourable Privy Council, on Addresses from the Houses of the Parliament +of Canada, and from the Houses of the respective Legislatures of the +Colonies or Provinces of Newfoundland, Prince Edward Island, and British +Columbia, to admit those Colonies or Provinces, or any of them, into the +Union, and on Address from the Houses of the Parliament of Canada to +admit Rupert's Land and the North-western Territory, or either of them, +into the Union, on such Terms and Conditions in each Case as are in the +Addresses expressed and as the Queen thinks fit to approve, subject to +the Provisions of this Act; and the Provisions of any Order in Council +in that Behalf shall have effect as if they had been enacted by the +Parliament of the United Kingdom of Great Britain and Ireland. + +147. [As to Representation of Newfoundland and Prince Edward Island in +Senate.] In case of the Admission of Newfoundland and Prince Edward +Island, or either of them, each shall be entitled to a Representation +in the Senate of Canada of Four Members, and (notwithstanding anything +in this Act) in case of the Admission of Newfoundland the normal Number +of Senators shall be Seventy-six and their maximum Number shall be +Eighty-two; but Prince Edward Island when admitted shall be deemed to +be comprised in the third of the Three Divisions into which Canada is, +in relation to the Constitution of the Senate, divided by this Act, +and accordingly, after the Admission of Prince Edward Island, whether +Newfoundland is admitted or not, the Representation of Nova Scotia and +New Brunswick in the Senate shall, as Vacancies occur, be reduced from +Twelve to Ten Members respectively, and the Representation of each of +those Provinces shall not be increased at any Time beyond Ten, except +under the Provisions of this Act for the Appointment of Three or Six +additional Senators under the Direction of the Queen. + + + + +SCHEDULES. + + + +THE FIRST SCHEDULE. + +Electoral Districts of Ontario. + + +A. Existing Electoral Divisions. + +Counties. + +1. Prescott. +2. Glengarry. +3. Stormont. +4. Dundas. +5. Russell. +6. Carleton. +7. Prince Edward. +8. Halton. +9. Essex. + +Ridings of Counties + +10. North Riding of Lanark. +11. South Riding of Lanark. +12. North Riding of Leeds and North Riding of Grenville. +13. South Riding of Leeds. +14. South Riding of Grenville. +15. East Riding of Northumberland. +16. West Riding of Northumberland (excepting therefrom the Township + of South Monaghan). +17. East Riding of Durham. +18. West Riding of Durham. +19. North Riding of Ontario. +20. South Riding of Ontario. +21. East Riding of York. +22. West Riding of York. +23. North Riding of York. +24. North Riding of Wentworth. +25. South Riding of Wentworth. +26. East Riding of Elgin. +27. West Riding of Elgin. +28. North Riding of Waterloo. +29. South Riding of Waterloo. +30. North Riding of Brant. +31. South Riding of Brant. +32. North Riding of Oxford. +33. South Riding of Oxford. +34. East Riding of Middlesex. + +Cities, Parts of Cities, and Towns. + +35. West Toronto. +36. East Toronto. +37. Hamilton +38. Ottawa +39. Kingston +40. London +41. Town of Brockville, with the Township of Elizabethtown thereto + attached. +42. Town of Niagara, with the Township of Niagara thereto attached. +43. Town of Cornwall, with the Township of Cornwall thereto attached. + + +B. New Electoral Divisions. + +44. The Provisional Judicial District of ALGOMA. + +The County of BRUCE, divided into Two Ridings, to be called respectively +the North and South Ridings:-- + +45. The North Riding of Bruce to consist of the Townships of Bury, + Lindsay, Eastnor, Albermarle, Amabel, Arran, Bruce, Elderslie, + and Saugeen, and the Village of Southampton. + +46. The South Riding of Bruce to consist of the Townships of + Kincardine (including the Village of Kincardine), Greenock, + Brant, Huron, Kinloss, Culross, and Carrick. + +The County of HURON, divided into Two Ridings, to be called respectively +the North and South Ridings:-- + +47. The North Riding to consist of the Townships of Ashfield, + Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett, + including the Village of Clinton, and McKillop. + +48. The South Riding to consist of the Town of Goderich and the + Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, + and Stephen. + +The County of MIDDLESEX, divided into three Ridings, to be called +respectively the North, West, and East Ridings:-- + +49. The North Riding to consist of the Townships of McGillivray and + Biddulph (taken from the County of Huron), and Williams East, + Williams West, Adelaide, and Lobo. + +50. The West Riding to consist of the Townships of Delaware, Carradoc, + Metcalfe, Mosa and Ekfrid, and the Village of Strathroy. + +[The East Riding to consist of the Townships now embraced therein, and +be bounded as it is at present.] + +51. The County of LAMBTON to consist of the Townships of Bosanquet, + Warwick, Plympton, Sarnia, Moore, Enniskillen, and Brooke, and + the Town of Sarnia. + +52. The County of KENT to consist of the Townships of Chatham, + Dover, East Tilbury, Romney, Raleigh, and Harwich, and the + Town of Chatham. + +53. The County of BOTHWELL to consist of the Townships of Sombra, + Dawn, and Euphemia (taken from the County of Lambton), and the + Townships of Zone, Camden with the Gore thereof, Orford, and + Howard (taken from the County of Kent). + +The County of GREY, divided into Two Ridings, to be called respectively +the South and North Ridings:-- + +54. The South Riding to consist of the Townships of Bentinck, Glenelg, + Artemesia, Osprey, Normanby, Egremont, Proton, and Melancthon. + +55. The North Riding to consist of the Townships of Collingwood, + Euphrasia, Holland, Saint-Vincent, Sydenham, Sullivan, Derby, + and Keppel, Sarawak and Brooke, and the Town of Owen Sound. + +The County of PERTH, divided into Two Ridings, to be called respectively +the South and North Ridings:-- + +56. The North Riding to consist of the Townships of Wallace, Elma, + Logan, Ellice, Mornington, and North Easthope, and the Town of + Stratford. + +57. The South Riding to consist of the Townships of Blanchard, Downie, + South Easthope, Fullarton, Hibbert, and the Villages of Mitchell + and Ste. Marys. + +The County of WELLINGTON, divided into Three Ridings, to be called +respectively North, South and Centre Ridings:-- + +58. The North Riding to consist of the Townships of Amaranth, Arthur, + Luther, Minto, Maryborough, Peel, and the Village of Mount Forest. + +59. The Centre Riding to consist of the Townships of Garafraxa, Erin, + Eramosa, Nichol, and Pilkington, and the Villages of Fergus and + Elora. + +60. The South Riding to consist of the Town of Guelph, and the + Townships of Guelph and Puslinch. + +The County of NORFOLK, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +61. The South Riding to consist of the Townships of Charlotteville, + Houghton, Walsingham, and Woodhouse, and with the Gore thereof. + +62. The North Riding to consist of the Townships of Middleton, + Townsend, and Windham, and the Town of Simcoe. + +63. The County of HALDIMAND to consist of the Townships of Oneida, + Seneca, Cayuga North, Cayuga South, Raynham, Walpole, and Dunn. + +64. The County of MONCK to consist of the Townships of Canborough and + Moulton, and Sherbrooke, and the Village of Dunnville (taken from + the County of Haldimand), the Townships of Caistor and + Gainsborough (taken from the County of Lincoln), and the Townships + of Pelham and Wainfleet (taken from the County of Welland). + +65. The County of LINCOLN to consist of the Townships of Clinton, + Grantham, Grimsby, and Louth, and the Town of St. Catherines. + +66. The County of WELLAND to consist of the Townships of Bertie, + Crowland, Humberstone, Stamford, Thorold, and Willoughby, and the + Villages of Chippewa, Clifton, Fort Erie, Thorold, and Welland. + +67. The County of PEEL to consist of the Townships of Chinguacousy, + Toronto, and the Gore of Toronto, and the Villages of Brampton + and Streetsville. + +68. The County of CARDWELL to consist of the Townships of Albion and + Caledon (taken from the County of Peel), and the Townships of + Adjala and Mono (taken from the County of Simcoe). + +The County of SIMCOE, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +69. The South Riding to consist of the Townships of West Gwillimbury, + Tecumseth, Innisfil, Essa, Tossorontio, Mulmur, and the Village + of Bradford. + +70. The North Riding to consist of the Townships of Nottawasaga, + Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, + Tiny and Tay, Balaklava and Robinson, and the Towns of Barrie + and Collingwood. + +The County of VICTORIA, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +71. The South Riding to consist of the Townships of Ops, Mariposa, + Emily, Verulam, and the Town of Lindsay. + +72. The North Riding to consist of the Townships of Anson, Bexley, + Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, + Lutterworth, Macaulay and Draper, Sommerville, and Morrison, + Muskoka, Monck and Watt (taken from the County of Simcoe), and + any other surveyed Townships lying to the North of the said + North Riding. + +The County of PETERBOROUGH, divided into Two Ridings, to be called +respectively the West and East Ridings:-- + +73. The West Riding to consist of the Townships of South Monaghan + (taken from the County of Northumberland), North Monaghan, Smith, + and Ennismore, and the Town of Peterborough. + +74. The East Riding to consist of the Townships of Asphodel, Belmont + and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and + Dysart, Otonabee, and Snowden, and the Village of Ashburnham, + and any other surveyed Townships lying to the North of the said + East Riding. + +The County of HASTINGS, divided into Three Ridings, to be called +respectively the West, East, and North Ridings:-- + +75. The West Riding to consist of the Town of Belleville, the + Township of Sydney, and the Village of Trenton. + +76. The East Riding to consist of the Townships of Thurlow, + Tyendinaga, and Hungerford. + +77. The North Riding to consist of the Townships of Rawdon, + Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and + the Village of Stirling, and any other surveyed Townships + lying to the North of the said North Riding. + +78. The County of LENNOX to consist of the Townships of Richmond, + Adolphustown, North Fredericksburgh, South Fredericksburgh, + Ernest Town, and Amherst Island, and the Village of Napanee. + +79. The County of ADDINGTON to consist of the Townships of Camden, + Portland, Sheffield, Hinchinbrooke, Kaladar, Kennebec, Olden, + Oso, Anglesea, Barrie, Clarendon, Palmerston, Effingham, Abinger, + Miller, Canonto, Denbigh, Loughborough, and Bedford. + +80. The County of FRONTENAC to consist of the Townships of Kingston, + Wolfe Island, Pittsburg and Howe Island, and Storrington. + +The County of RENFREW, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +81. The South Riding to consist of the Townships of McNab, Bagot, + Blithfield, Brougham, Horton, Admaston, Grattan, Matawatchan, + Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, + and the Villages of Arnprior and Renfrew. + +82. The North Riding to consist of the Townships of Ross, Bromley, + Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, + Buchanan, South Algona, North Algona, Fraser, McKay, Wylie, + Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and + Richards, and any other surveyed Townships lying North-westerly + of the said North Riding. + + +Every Town and incorporated Village existing at the Union, not +especially mentioned in this Schedule, is to be taken as Part of the +County or Riding within which it is locally situate. + + + +THE SECOND SCHEDULE. + +Electoral Districts of Quebec specially fixed. + + +Counties of-- + + Pontiac. + Ottawa. + Argenteuil. + Huntingdon. + Missisquoi. + Brome. + Shefford. + Stanstead. + Compton. + Wolfe and Richmond. + Megantic. + Town of Sherbrooke. + + + +THE THIRD SCHEDULE. + +Provincial Public Works and Property to be the Property of Canada. + + +1. Canals, with Lands and Water Power connected therewith. +2. Public Harbours. +3. Lighthouses and Piers, and Sable Island. +4. Steamboats, Dredges, and Public Vessels. +5. Rivers and Lake Improvements. +6. Railways and Railway Stocks, Mortgages, and other Debts due by + Railway Companies. +7. Military Roads. +8. Custom Houses, Post Offices, and all other Public Buildings, except + such as the Government of Canada appropriate for the Use of the + Provincial Legislatures and Governments. +9. Property transferred by the Imperial Government, and known as + Ordnance Property. +10. Armouries, Drill Sheds, Military Clothing, and Munitions of War, + and Lands set apart for general Public Purposes. + + + +THE FOURTH SCHEDULE. + +Assets to be the Property of Ontario and Quebec conjointly. + + + Upper Canada Building Fund. + Lunatic Asylums. + Normal School. + Court Houses in | + Aylmer, | Lower Canada. + Montreal, | + Kamouraska, | + Law Society, Upper Canada. + Montreal Turnpike Trust. + University Permanent Fund. + Royal Institution. + Consolidated Municipal Loan Fund, Upper Canada. + Consolidated Municipal Loan Fund, Lower Canada. + Agricultural Society, Upper Canada. + Lower Canada Legislative Grant. + Quebec Fire Loan. + Temiscouata Advance Account. + Quebec Turnpike Trust. + Education--East. + Building and Jury Fund, Lower Canada. + Municipalities Fund. + Lower Canada Superior Education Income Fund. + + + +THE FIFTH SCHEDULE. + +Oath of Allegiance. + + +I, A.B., do swear, That I will be faithful and bear true Allegiance +to Her Majesty Queen Victoria. + +Note.--The Name of the King or Queen of the United Kingdom of Great +Britain and Ireland for the Time being is to be substituted from Time +to Time, with proper Terms of Reference thereto. + + +Declaration of Qualification. + + +I, A.B., do declare and testify, That I am by Law duly qualified to be +appointed a Member of the Senate of Canada [or as the Case may be], and +that I am legally or equitably seised as of Freehold for my own Use and +Benefit of Lands or Tenements held in Free and Common Socage [or seised +or possessed for my own Use and Benefit of Lands or Tenements held in +Franc-alleu or in Roture (as the Case may be),] in the Province of +Nova Scotia [or as the Case may be] of the Value of Four thousand +Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and +Incumbrances due or payable out of or charged on or affecting the same, +and that I have not collusively or colourably obtained a Title to or +become possessed of the said Lands and Tenements or any Part thereof +for the Purpose of enabling me to become a Member of the Senate of +Canada [or as the Case may be], and that my Real and Personal Property +are together worth Four thousand Dollars over and above my Debts and +Liabilities. + + + + + + + +End of Project Gutenberg's The British North America Act, 1867, by Anonymous + +*** END OF THIS PROJECT GUTENBERG EBOOK THE BRITISH NORTH AMERICA ACT *** + +***** This file should be named 5984.txt or 5984.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/5/9/8/5984/ + +This eBook was produced by Andrew Sly. + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: The British North America Act, 1867 + +Author: Anon. + +Release Date: June, 2004 [EBook #5984] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on October 7, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK, THE BRITISH NORTH AMERICA ACT, 1867 *** + + + + +This eBook was produced by Andrew Sly. + + + +THE BRITISH NORTH AMERICA ACT, 1867. + + +30 VICTORIA, CHAPTER 3. + + +An Act for the Union of Canada, Nova Scotia, and New Brunswick, +and the Government thereof; and for Purposes connected therewith. + + [29th March, 1867.] + + +Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have +expressed their Desire to be federally united into One Dominion under +the Crown of the United Kingdom of Great Britain and Ireland, with a +Constitution similar in Principle to that of the United Kingdom: + +And whereas such a Union would conduce to the Welfare of the Provinces +and promote the Interests of the British Empire: + +And whereas on the Establishment of the Union by Authority of Parliament +it is expedient, not only that the Constitution of the Legislative +Authority in the Dominion be provided for, but also that the Nature of +the Executive Government therein be declared: + +And whereas it is expedient that Provision be made for the eventual +Admission into the Union of other Parts of British North America: + +Be it therefore enacted and declared 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: + + + + I.--PRELIMINARY. + + +1. [Short Title.] This Act may be cited as The British North America +Act, 1867. + + +2. [Application of Provisions referring to the Queen.] The Provisions of +this Act referring to Her Majesty the Queen extend also to the Heirs and +Successors of Her Majesty, Kings and Queens of the United Kingdom of +Great Britain and Ireland. + + + + II.--UNION. + + +3. [Declaration of Union] It shall be lawful for the Queen, by and with +the Advice of Her Majesty's Most Honourable Privy Council, to declare by +Proclamation that, on and after a Day therein appointed, not being more +than Six Months after the passing of this Act, the Provinces of Canada, +Nova Scotia, and New Brunswick shall form and be One Dominion under the +Name of Canada; and on and after that Day those Three Provinces shall +form and be One Dominion under that Name accordingly. + +4. [Construction of subsequent Provisions of Act.] The subsequent +Provisions of this Act shall, unless it is otherwise expressed or +implied, commence and have effect on and after the Union, that is to +say, on and after the Day appointed for the Union taking effect in the +Queen's Proclamation; and in the same Provisions, unless it is otherwise +expressed or implied, the Name Canada shall be taken to mean Canada as +constituted under this Act. + +5. [Four Provinces.] Canada shall be divided into Four Provinces, named +Ontario, Quebec, Nova Scotia, and New Brunswick. + +6. [Provinces of Ontario and Quebec.] The Parts of the Province of +Canada (as it exists at the passing of this Act) which formerly +constituted respectively the Provinces of Upper Canada and Lower Canada +shall be deemed to be severed, and shall form two separate Provinces. +The Part which formerly constituted the Province of Upper Canada shall +constitute the Province of Ontario; and the Part which formerly +constituted the Province of Lower Canada shall constitute the Province +of Quebec. + +7. [Provinces of Nova Scotia and New Brunswick.] The Provinces of Nova +Scotia and New Brunswick shall have the same Limits as at the passing of +this Act. + + +8. [Decennial Census.] In the general Census of the Population of Canada +which is hereby required to be taken in the Year One thousand eight +hundred and seventy-one, and in every Tenth Year thereafter, the +respective Populations of the Four Provinces shall be distinguished. + + + + III.--EXECUTIVE POWER. + + +9. [Declaration of Executive Power in the Queen.] The Executive +Government and Authority of and over Canada is hereby declared to +continue and be vested in the Queen. + +10. [Application of Provisions referring to Governor General.] The +Provisions of this Act referring to the Governor General extend and +apply to the Governor General for the Time being of Canada, or other the +Chief Executive Officer or Administrator for the Time being carrying on +the Government of Canada on behalf and in the Name of the Queen, by +whatever Title he is designated. + +11. [Constitution of Privy Council for Canada.] There shall be a Council +to aid and advise in the Government of Canada, to be styled the Queen's +Privy Council for Canada; and the Persons who are to be Members of that +Council shall be from Time to Time chosen and summoned by the Governor +General and sworn in as Privy Councillors, and Members thereof may be +from Time to Time removed by the Governor General. + + +12. [All Powers under Acts to be exercised by Governor General with +Advice of Privy Council, or alone.] 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, Canada, Nova Scotia, +or New Brunswick, are at the Union vested in or exerciseable by the +respective Governors or Lieutenant Governors of those Provinces, with +the Advice, or with the Advice and 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 continue in existence and +capable of being exercised after the Union in relation to the Government +of Canada, be vested in and exerciseable by the Governor General, with +the Advice or with the Advice and Consent of or in conjunction with +the Queen's Privy Council for Canada, or any Members thereof, or by +the Governor General 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 +Parliament of Canada. + + +13. [Application of Provisions referring to Governor General in +Council.] The Provisions of this Act referring to the Governor General +in Council shall be construed as referring to the Governor General +acting by and with the Advice of the Queen's Privy Council for Canada. + +14. [Power to Her Majesty to authorize Governor General to appoint +Deputies.] It shall be lawful for the Queen, if Her Majesty thinks fit, +to authorize the Governor General from Time to Time to appoint any +Person or any Persons jointly or severally to be his Deputy or Deputies +within any Part or Parts of Canada, and in that Capacity to exercise +during the Pleasure of the Governor General such of the Powers, +Authorities, and Functions of the Governor General as the Governor +General deems it necessary or expedient to assign to him or them, +subject to any Limitations or Directions expressed or given by the +Queen; but the Appointment of such a Deputy or Deputies shall not affect +the Exercise by the Governor General himself of any Power, Authority, or +Function. + +15. [Command of Armed Forces to continue to be vested in the Queen.] The +Command-in-Chief of the Land and Naval Militia, and of all Naval and +Military Forces, of and in Canada, is hereby declared to continue and be +vested in the Queen. + +16. [Seat of Government of Canada.] Until the Queen otherwise directs +the Seat of Government of Canada shall be Ottawa. + + + + IV.--LEGISLATIVE POWER. + + +17. [Constitution of Parliament of Canada.] There shall be One +Parliament for Canada, consisting of the Queen, an Upper House styled +the Senate, and the House of Commons. + +18. [Privileges, &c. of Houses.] The Privileges, Immunities, and Powers +to be held, enjoyed, and exercised by the Senate and by the House of +Commons and by the Members thereof respectively shall be such as are +from Time to Time defined by Act of the Parliament of Canada, but so +that the same shall never exceed those at the passing of this Act held, +enjoyed, and exercised by the Commons House of Parliament of the United +Kingdom of Great Britain and Ireland and by the Members thereof. + +19. [First Session of the Parliament of Canada.] The Parliament of +Canada shall be called together not later than Six Months after the +Union. + +20. [Yearly Session of the Parliament of Canada.] There shall be a +Session of the Parliament of Canada once at least in every Year, so that +Twelve Months shall not intervene between the last Sitting of the +Parliament in one Session and its first Sitting in the next Session. + + +The Senate. + + +21. [Number of Senators.] The Senate shall, subject to the Provisions +of this Act, consist of Seventy-two Members, who shall be styled +Senators. + +22. [Representation of Provinces in Senate.] In relation to the +Constitution of the Senate, Canada shall be deemed to consist of Three +Divisions: + + 1. Ontario; + 2. Quebec; + 3. The Maritime Provinces, Nova Scotia and New Brunswick; + +which Three Divisions shall (subject to the Provisions of this Act) be +equally represented in the Senate as follows: Ontario by Twenty-four +Senators; Quebec by Twenty-four Senators; and the Maritime Provinces +by Twenty-four Senators, Twelve thereof representing Nova Scotia, and +Twelve thereof representing New Brunswick. + +In the Case of Quebec each of the Twenty-four Senators representing +that Province shall be appointed for One of the Twenty-four Electoral +Divisions of Lower Canada specified in Schedule A. to Chapter One of +the Consolidated Statutes of Canada. + + +23. [Qualifications of Senator.] The Qualifications of a Senator shall +be as follows: + +(1.) He shall be of the full age of Thirty Years: +(2.) He shall be either a Natural-born Subject of the Queen, or a + Subject of the Queen naturalized by an 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 One of the Provinces + of Upper Canada, Lower Canada, Canada, Nova Scotia, or New + Brunswick, before the Union, or of the Parliament of Canada after + the Union: +(3.) He shall be legally or equitably seised as of Freehold for his own + Use and Benefit of Lands or Tenements held in Free and Common + Socage, or seised or possessed for his own Use and Benefit of Lands + or Tenements held in Franc-alleu or in Roture, within the Province + for which he is appointed, of the Value of Four thousand Dollars, + over and above all Rents, Dues, Debts, Charges, Mortgages, and + Incumbrances due or payable out of or charged on or affecting the + same: +(4.) His Real and Personal Property shall be together worth Four + thousand Dollars over and above his Debts and Liabilities: +(5.) He shall be resident in the Province for which he is appointed: +(6.) In the case of Quebec he shall have his Real Property Qualification + in the Electoral Division for which he is appointed, or shall be + resident in that Division. + +24. [Summons of Senator.] The Governor General shall from Time to Time, +in the Queen's Name, by Instrument under the Great Seal of Canada, +summon qualified Persons to the Senate; and, subject to the Provisions +of this Act, every Person so summoned shall become and be a Member of +the Senate and a Senator. + +25. [Summons of First Body of Senators.] Such Persons shall be first +summoned to the Senate as the Queen by Warrant under Her Majesty's Royal +Sign Manual thinks fit to approve, and their Names shall be inserted in +the Queen's Proclamation of Union. + +26. [Addition of Senators in certain Cases.] If at any Time on the +Recommendation of the Governor General the Queen thinks fit to direct +that Three or Six Members be added to the Senate, the Governor General +may by Summons to Three or Six qualified Persons (as the Case may be), +representing equally the Three Divisions of Canada, add to the Senate +accordingly. + + +27. [Reduction of Senate to normal number.] In case of such Addition +being at any Time made, the Governor General shall not summon any Person +to the Senate, except on a further like Direction by the Queen on the +like Recommendation, until each of the Three Divisions of Canada is +represented by Twenty-four Senators and no more. + +28. [Maximum Number of Senators.] The Number of Senators shall not at +any Time exceed Seventy-eight. + +29. [Tenure of Place in Senate.] A Senator shall, subject to the +Provisions of this Act, hold his Place in the Senate for Life. + +30. [Resignation of Place in Senate.] A Senator may by Writing under his +Hand addressed to the Governor General resign his Place in the Senate, +and thereupon the same shall be vacant. + +31. [Disqualification of Senators.] The Place of a Senator shall become +vacant in any of the following Cases:-- + +(1.) If for Two consecutive Sessions of the Parliament he fails to give + his Attendance in the Senate: +(2.) If he takes an Oath or makes a Declaration or Acknowledgment of + Allegiance, Obedience, or Adherence to a Foreign Power, or does an + Act whereby he becomes a Subject or Citizen, or entitled to the + Rights or Privileges of a Subject or Citizen, of a Foreign Power: +(3.) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit + of any Law relating to Insolvent Debtors, or becomes a public + Defaulter: +(4.) If he is attainted of Treason or convicted of Felony or of any + infamous Crime: +(5.) If he ceases to be qualified in respect of Property or of + Residence; provided, that a Senator shall not be deemed to have + ceased to be qualified in respect of Residence by reason only of + his residing at the Seat of the Government of Canada while holding + an Office under that Government requiring his Presence there. + +32. [Summons on Vacancy in Senate.] When a Vacancy happens in the Senate +by Resignation, Death, or otherwise, the Governor General shall by +Summons to a fit and qualified Person fill the Vacancy. + +33. [Questions as to Qualifications and Vacancies in Senate.] If any +Question arises respecting the Qualification of a Senator or a Vacancy +in the Senate the same shall be heard and determined by the Senate. + + +34. [Appointment of Speaker of Senate.] The Governor General may from +Time to Time, by Instrument under the Great Seal of Canada, appoint a +Senator to be Speaker of the Senate, and may remove him and appoint +another in his Stead. + +35. [Quorum of Senate.] Until the Parliament of Canada otherwise +provides, the Presence of at least Fifteen Senators, including the +Speaker, shall be necessary to constitute a Meeting of the Senate for +the Exercise of its Powers. + +36. [Voting in Senate.] Questions arising in the Senate 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. + + +The House of Commons. + + +37. [Constitution of House of Commons in Canada.] The House of Commons +shall, subject to the Provisions of this Act, consist of One hundred and +eighty-one Members, of whom Eighty-two shall be elected for Ontario, +Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New +Brunswick. + + +38. [Summoning of House of Commons.] The Governor General shall from +Time to Time, in the Queen's Name, by Instrument under the Great Seal of +Canada, summon and call together the House of Commons. + +39. [Senators not to sit in House of Commons.] A Senator shall not be +capable of being elected or of sitting or voting as a Member of the +House of Commons. + +40. [Electoral Districts of the Four Provinces.] Until the Parliament +of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New +Brunswick shall, for the Purposes of the Election of Members to serve in +the House of Commons, be divided into Electoral Districts as follows: + +1.--ONTARIO. + +Ontario shall be divided into the Counties, Ridings of Counties, Cities, +Parts of Cities, and Towns enumerated in the First Schedule to this Act, +each whereof shall be an Electoral District, each such District as +numbered in that Schedule being entitled to return One Member. + +2.--QUEBEC. + +Quebec shall be divided into Sixty-five Electoral Districts, composed +of the Sixty-five Electoral Divisions into which Lower Canada is at +the passing of this Act divided under Chapter Two of the Consolidated +Statutes of Canada, Chapter Seventy-five of the Consolidated Statutes +for Lower Canada, and the Act of the Province of Canada of the +Twenty-third Year of the Queen, Chapter One, or any other Act amending +the same in force at the Union, so that each such Electoral Division +shall be for the Purposes of this Act an Electoral District entitled +to return One Member. + +3.--NOVA SCOTIA. + +Each of the Eighteen Counties of Nova Scotia shall be an Electoral +District. The County of Halifax shall be entitled to return Two Members, +and each of the other Counties One Member. + +4.--NEW BRUNSWICK. + +Each of the Fourteen Counties into which New Brunswick is divided, +including the City and County of St. John, shall be an Electoral +District; The City of St. John shall also be a separate Electoral +District. Each of those Fifteen Electoral Districts shall be entitled +to return One Member. + +41. [Continuance of existing Election Laws until Parliament of Canada +otherwise provides.] Until the Parliament of Canada otherwise provides, +all Laws in force in the several Provinces at the Union 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 House of Assembly or Legislative Assembly in the several +Provinces, the Voters at Elections of such Members, the Oaths to be +taken by Voters, the Returning Officers, their Powers and Duties, the +Proceedings at Elections, the Periods during which Elections may be +continued, the Trial of controverted Elections, and Proceedings incident +thereto, the vacating of Seats of Members, and the Execution of new +Writs in case of Seats vacated otherwise than by Dissolution,--shall +respectively apply to Elections of Members to serve in the House of +Commons for the same several Provinces. + +Provided that, until the Parliament of Canada otherwise provides, at +any Election for a Member of the House of Commons for the District of +Algoma, in addition to Persons qualified by the Law of the Province of +Canada to vote, every male British Subject, aged Twenty-one Years or +upwards, being a Householder, shall have a Vote. + +42. [Writs for First Election.] For the First Election of Members to +serve in the House of Commons the Governor General shall cause Writs to +be issued by such Person, in such Form, and addressed to such Returning +Officers as he thinks fit. + +The Person issuing Writs under this Section shall have the like Powers +as are possessed at the Union by the Officers charged with the issuing +of Writs for the Election of Members to serve in the respective House of +Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, +or New Brunswick; and the Returning Officers to whom Writs are directed +under this Section shall have the like Powers as are possessed at the +Union by the Officers charged with the returning of Writs for the +Election of Members to serve in the same respective House of Assembly +or Legislative Assembly. + + +43. [As to Casual Vacancies.] In case a Vacancy in the Representation +in the House of Commons of any Electoral District happens before the +Meeting of the Parliament, or after the Meeting of the Parliament before +Provision is made by the Parliament in this Behalf, the Provisions of +the last foregoing Section of this Act shall extend and apply to the +issuing and returning of a Writ in respect of such Vacant District. + +44. [As to Election of Speaker of House of Commons.] The House of +Commons on its first assembling after a General Election shall proceed +with all practicable Speed to elect One of its Members to be Speaker. + +45. [As to filling up Vacancy in Office of Speaker.] In case of a +Vacancy happening in the Office of Speaker by Death, Resignation, or +otherwise, the House of Commons shall with all practicable Speed proceed +to elect another of its Members to be Speaker. + +46. [Speaker to preside.] The Speaker shall preside at all Meetings of +the House of Commons. + +47. [Provision in case of Absence of Speaker.] Until the Parliament of +Canada otherwise provides, in case of the Absence for any Reason of +the Speaker from the Chair of the House of Commons for a Period of +Forty-eight consecutive Hours, the House may elect another of its +Members to act as Speaker, and the Member so elected shall during the +Continuance of such Absence of the Speaker have and execute all the +Powers, Privileges, and Duties of Speaker. + +48. [Quorum of House of Commons.] The Presence of at least Twenty +Members of the House of Commons shall be necessary to constitute a +Meeting of the House for the Exercise of its Powers; and for that +Purpose the Speaker shall be reckoned as a Member. + +49. [Voting in House of Commons.] Questions arising in the House of +Commons shall be decided by a Majority of Voices other than that of the +Speaker, and when the Voices are equal, but not otherwise, the Speaker +shall have a Vote. + +50. [Duration of House of Commons.] Every House of Commons shall +continue for Five Years from the Day of the Return of the Writs for +choosing the House (subject to be sooner dissolved by the Governor +General), and no longer. + +51. [Decennial Re-adjustment of Representation.] On the Completion of +the Census in the Year One thousand eight hundred and seventy-one, and +of each subsequent decennial Census, the Representation of the Four +Provinces shall be readjusted by such Authority, in such Manner, and +from such Time, as the Parliament of Canada from Time to Time provides, +subject and according to the following Rules: + +(1.) Quebec shall have the fixed Number of Sixty-five Members: +(2.) There shall be assigned to each of the other Provinces such a + Number of Members as will bear the same Proportion to the Number + of its Population (ascertained at such Census) as the Number + Sixty-five bears to the Number of the Population of Quebec + (so ascertained): +(3.) In the Computation of the Number of Members for a Province a + fractional Part not exceeding One Half of the whole Number + requisite for entitling the Province to a Member shall be + disregarded; but a fractional Part exceeding One Half of that + Number shall be equivalent to the whole Number: +(4.) On any such Re-adjustment the Number of Members for a Province + shall not be reduced unless the Proportion which the Number of the + Population of the Province bore to the Number of the aggregate + Population of Canada at the then last preceding Re-adjustment of + the Number of Members for the Province is ascertained at the then + latest Census to be diminished by One Twentieth Part or upwards: +(5.) Such Re-adjustment shall not take effect until the Termination + of the then existing Parliament. + +52. [Increase of Number of House of Commons.] The Number of Members +of the House of Commons may be from Time to Time increased by the +Parliament of Canada, provided the proportionate Representation of +the Provinces prescribed by this Act is not thereby disturbed. + + +Money Votes; Royal Assent. + + +53. [Appropriation and tax Bills.] Bills for appropriating any Part of +the Public Revenue, or for imposing any Tax or Impost, shall originate +in the House of Commons. + +54. [Recommendation of Money Votes.] It shall not be lawful for the +House of Commons to adopt or pass any Vote, Resolution, Address, or Bill +for the Appropriation of any Part of the Public Revenue, or of any Tax +or Impost, to any Purpose that has not been first recommended to that +House by Message of the Governor General in the Session in which such +Vote, Resolution, Address, or Bill is proposed. + +55. [Royal Assent to Bills, &c.] Where a Bill passed by the Houses of +the Parliament is presented to the Governor General for the Queen's +Assent, he shall declare, according to his Discretion, but subject to +the Provisions of this Act and to Her Majesty's Instructions, either +that he assents thereto in the Queen's Name, or that he withholds the +Queen's Assent, or that he reserves the Bill for the Signification of +the Queen's Pleasure. + +56. [Disallowance by Order in Council of Act assented to by Governor +General.] Where the Governor General assents to a Bill in the Queen's +Name, he shall by the first convenient Opportunity send an authentic +Copy of the Act to One of Her Majesty's Principal Secretaries of State, +and if the Queen in Council within Two Years after Receipt thereof by +the Secretary of State thinks fit to disallow the Act, such Disallowance +(with a Certificate of the Secretary of State of the Day on which the +Act was received by him) being signified by the Governor General, +by Speech or Message to each of the Houses of the Parliament or by +Proclamation, shall annul the Act from and after the Day of such +Signification. + +57. [Signification of Queen's Pleasure on Bill reserved.] A Bill +reserved for the Signification of the Queen's Pleasure shall not have +any Force unless and until within Two Years from the Day on which it was +presented to the Governor General for the Queen's Assent, the Governor +General signifies, by Speech or Message to each of the Houses of the +Parliament or by Proclamation, that it has received the Assent of the +Queen in Council. + +An Entry of every such Speech, Message, or Proclamation shall be made in +the Journal of each House, and a Duplicate thereof duly attested shall +be delivered to the proper Officer to be kept among the Records of +Canada. + + + + V.--PROVINCIAL CONSTITUTIONS. + + +Executive Power. + + +58. [Appointment of Lieutenant Governors of Provinces.] 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. [Tenure of Office of Lieutenant Governor.] 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 removeable within Five +Years from 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. [Salaries of Lieutenant Governors.] The Salaries of the Lieutenant +Governors shall be fixed and provided by the Parliament of Canada. + +61. [Oaths, &c. of Lieutenant Governor.] 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. [Application of provisions referring to Lieutenant Governor.] 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. [Appointment of Executive Officers for Ontario and Quebec.] The +Executive Council of Ontario and of Quebec shall be composed of such +Persons 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. + +64. [Executive Government of Nova Scotia and New Brunswick.] The +Constitution of the Executive Authority in each of the Provinces of Nova +Scotia and New Brunswick shall, subject to the Provisions of this Act, +continue as it exists at the Union until altered under the Authority of +this Act. + +65. [Powers to be exercised by Lieutenant Governor of Ontario or Quebec +with Advice, or alone.] 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 with the +Advice and 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, be vested +in and shall or may be exercised by the Lieutenant Governor 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. + +66. [Application of provisions referring to Lieutenant Governor in +Council.] 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 of the Executive +Council thereof. + +67. [Administration in Absence, &c. of Lieutenant Governor.] 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. [Seats of Provincial Governments.] Unless and until the Executive +Government of any Province otherwise directs with respect to that +Province, the Seats of Government of the Provinces shall be as follows, +namely,--of Ontario, the City of Toronto; of Quebec, the City of Quebec; +of Nova Scotia, the City of Halifax; and of New Brunswick, the City of +Fredericton. + + +Legislative Power. + + +1.--ONTARIO. + +69. [Legislature for Ontario.] There shall be a Legislature for Ontario +consisting of the Lieutenant Governor and of One House, styled the +Legislative Assembly of Ontario. + +70. [Electoral districts.] The Legislative Assembly of Ontario shall +be composed of Eighty-two Members, to be elected to represent the +Eighty-two Electoral Districts set forth in the First Schedule to +this Act. + +2.--QUEBEC. + +71. [Legislature for Quebec.] 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. + +72. [Constitution of Legislative Council.] 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. [Qualification of Legislative Councillors.] The Qualifications of +the Legislative Councillors of Quebec shall be the same as those of the +Senators for Quebec. + +74. [Resignation, Disqualification, &c.] 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. [Vacancies.] 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. [Questions as to Vacancies, &c.] 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. [Speaker of Legislative Council.] 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. [Quorum of Legislative Council.] 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. [Voting in Legislative Council.] +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. [Constitution of Legislative Assembly of Quebec.] 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. + + +3.--ONTARIO AND QUEBEC. + +81. [First Session of Legislatures.] The Legislatures of Ontario and +Quebec respectively shall be called together not later than Six Months +after the Union. + +82. [Summoning of Legislative Assemblies.] 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. [Restriction on election of holders of offices.] 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 an annual Salary, or any 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. + +84. [Continuance of existing Election Laws.] 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 or 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 the +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. + +Provided that until the Legislature of Ontario otherwise provides, at +any Election for a Member of the Legislative Assembly of Ontario for the +District of Algoma, in addition to Persons qualified by the Law of the +Province of Canada to vote, every male British Subject, aged Twenty-one +Years or upwards, being a Householder, shall have a Vote. + +85. [Duration of Legislative Assemblies.] 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. + +86. [Yearly Session of Legislature.] 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 Province in one Session and its first Sitting +in the next Session. + +87. [Speaker, Quorum, &c.] 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 the 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. + +4.--NOVA SCOTIA AND NEW BRUNSWICK. + +88. [Constitutions of Legislatures of Nova Scotia and New Brunswick.] +The Constitution of the Legislature of each of the Provinces of Nova +Scotia and New Brunswick shall, subject to the Provisions of this Act, +continue as it exists at the Union until altered under the Authority +of this Act; and the House of Assembly of New Brunswick existing at +the passing of this Act shall, unless sooner dissolved, continue for +the Period for which it was elected. + +5.--ONTARIO, QUEBEC AND NOVA SCOTIA. + +89. [First Elections.] Each of the Lieutenant Governors of Ontario, +Quebec and Nova Scotia shall cause Writs to be issued for the First +Election of Members of the Legislative Assembly thereof in such Form and +by such Person as he thinks fit, and at such Time and addressed to such +Returning Officer as the Governor General directs, and so that the +First Election of Member of Assembly for any Electoral District or any +Subdivision thereof shall be held at the same Time and at the same +Places as the Election for a Member to serve in the House of Commons of +Canada for that Electoral District. + +6.--THE FOUR PROVINCES. + +90. [Application to Legislatures of Provisions respecting Money Votes, +&c.] 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. + + + + VI.--DISTRIBUTION OF LEGISLATIVE POWERS. + + +Powers of the Parliament. + + +91. [Legislative Authority of Parliament of Canada.] It shall be lawful +for the Queen, by and with the Advice and Consent of the Senate and +House of Commons, to make Laws for 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; and for greater Certainty, but not so as to restrict the +Generality of the foregoing Terms of this Section, it is hereby declared +that (notwithstanding anything in this Act) the exclusive Legislative +Authority of the Parliament of Canada extends to all Matters coming +within the Classes of Subjects next hereinafter enumerated; that is +to say,-- + + 1. The Public Debt and Property. + 2. The Regulation of Trade and Commerce. + 3. The raising of Money by any Mode or System of Taxation. + 4. The borrowing of Money on the Public Credit. + 5. Postal Service. + 6. The Census and Statistics. + 7. Militia, Military and Naval Service, and Defence. + 8. The fixing of and providing for the Salaries and Allowances of + Civil and other Officers of the Government of Canada. + 9. Beacons, Buoys, Lighthouses, and Sable Island. + 10. Navigation and Shipping. + 11. Quarantine and the Establishment and Maintenance of Marine + Hospitals. + 12. Sea Coast and Inland Fisheries. + 13. Ferries between a Province and any British or Foreign Country or + between Two Provinces. + 14. Currency and Coinage. + 15. Banking, Incorporation of Banks, and the Issue of Paper Money. + 16. Savings Banks. + 17. Weights and Measures. + 18. Bills of Exchange and Promissory Notes. + 19. Interest. + 20. Legal Tender. + 21. Bankruptcy and Insolvency. + 22. Patents of Invention and Discovery. + 23. Copyrights. + 24. Indians, and Lands reserved for the Indians. + 25. Naturalization and Aliens. + 26. Marriage and Divorce. + 27. The Criminal Law, except the Constitution of Courts of Criminal + Jurisdiction, but including the Procedure in Criminal Matters. + 28. The Establishment, Maintenance, and Management of Penitentiaries. + 29. Such Classes of Subjects as are expressly excepted in the + Enumeration of the Classes of Subjects by this Act assigned + exclusively to the Legislatures of the Provinces. + +And any Matter coming within any of the Classes of Subjects enumerated +in this Section shall not be deemed to come within the Class of Matters +of a local or private Nature comprised in the Enumeration of the Classes +of Subjects by this Act assigned exclusively to the Legislatures of the +Provinces. + + +Exclusive Powers of Provincial Legislatures. + + +92. [Subjects of exclusive Provincial Legislation.] In each Province +the Legislature may exclusively make Laws in relation to Matters coming +within the Classes of Subjects next hereinafter enumerated, that is to +say,-- + + 1. The Amendment from Time to Time, notwithstanding anything in this + Act, of the Constitution of the Province, except as regards the + Office of Lieutenant Governor. + 2. Direct Taxation within the Province in order to the raising of + a Revenue for Provincial Purposes. + 3. The borrowing of Money on the sole Credit of the Province. + 4. The Establishment and Tenure of Provincial Offices and the + Appointment and Payment of Provincial Officers. + 5. The Management and Sale of the Public Lands belonging to the + Province and of the Timber and Wood thereon. + 6. The Establishment, Maintenance, and Management of Public and + Reformatory Prisons in and for the Province. + 7. The Establishment, Maintenance, and Management of Hospitals, + Asylums, Charities, and Eleemosynary Institutions in and for + the Province, other than Marine Hospitals. + 8. Municipal Institutions in the Province. + 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to + the raising of a Revenue for Provincial, Local, or Municipal + Purposes. + 10. Local Works and Undertakings other than such as are of the + following Classes,-- + a. Lines of Steam or other Ships, Railways, Canals, Telegraphs, + and other Works and Undertakings connecting the Province with + any other or others of the Provinces, or extending beyond the + Limits of the Province: + b. Lines of Steam Ships between the Province and any British + or Foreign Country: + c. Such Works as, although wholly situate within the Province, + are before or after their Execution declared by the + Parliament of Canada to be for the general Advantage of + Canada or for the Advantage of Two or more of the Provinces. + 11. The Incorporation of Companies with Provincial Objects. + 12. The Solemnization of Marriage in the Province. + 13. Property and Civil Rights in the Province. + 14. The Administration of Justice in the Province, including the + Constitution, Maintenance, and Organization of Provincial Courts, + both of Civil and of Criminal Jurisdiction, and including + Procedure in Civil Matters in those Courts. + 15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for + enforcing any Law of the Province made in relation to any Matter + coming within any of the Classes of Subjects enumerated in this + Section. + 16. Generally all Matters of a merely local or private Nature in the + Province. + + +Education. + + +93. [Legislation respecting Education.] In and for each Province the +Legislature may exclusively make Laws in relation to Education, subject +and according to the following Provisions:-- + +(1.) Nothing in any such Law shall prejudicially affect any Right or + Privilege with respect to Denominational Schools which any Class + of Persons have by Law in the Province at the Union: +(2.) All the Powers, Privileges, and Duties at the Union by Law + conferred and imposed in Upper Canada on the Separate Schools and + School Trustees of the Queen's Roman Catholic Subjects shall be + and the same are hereby extended to the Dissentient Schools of the + Queen's Protestant and Roman Catholic Subjects in Quebec: +(3.) Where in any Province a System of Separate or Dissentient + Schools exists by Law at the Union or is thereafter established + by the Legislature of the Province, an Appeal shall lie to the + Governor General in Council from any Act or Decision of any + Provincial Authority affecting any Right or Privilege of the + Protestant or Roman Catholic Minority of the Queen's Subjects in + relation to Education: +(4.) In case any such Provincial Law as from Time to Time seems to + the Governor General in Council requisite for the due Execution + of the Provisions of this Section is not made, or in case any + Decision of the Governor General in Council on any Appeal under + this Section is not duly executed by the proper Provincial + Authority in that Behalf, then and in every such Case, and as far + only as the Circumstances of each Case require, the Parliament + of Canada may make remedial Laws for the due Execution of the + Provisions of this Section and of any Decision of the Governor + General in Council under this Section. + + +Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick. + + +94. [Legislation for Uniformity of Laws in three Provinces.] +Notwithstanding anything in this Act, the Parliament of Canada may make +Provision for the Uniformity of all or any of the Laws relative to +Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, +and of the Procedure of all or any of the Courts in those Three +Provinces, and from and after the passing of any Act in that Behalf +the Power of the Parliament of Canada to make Laws in relation to any +Matter comprised in any such Act shall, notwithstanding anything in this +Act, be unrestricted; but any Act of the Parliament of Canada making +Provision for such Uniformity shall not have effect in any Province +unless and until it is adopted and enacted as Law by the Legislature +thereof. + + +Agriculture and Immigration. + + +95. [Concurrent Powers of Legislation respecting Agriculture, &c.] In +each Province the Legislature may make Laws in relation to Agriculture +in the Province, and to Immigration into the Province; and it is hereby +declared that the Parliament of Canada may from Time to Time make +Laws in relation to Agriculture in all or any of the Provinces, and +to Immigration into all or any of the Provinces; and any Law of the +Legislature of a Province relative to Agriculture or to Immigration +shall have effect in and for the Province as long and as far only as +it is not repugnant to any Act of the Parliament of Canada. + + + + VII.--JUDICATURE. + + +96. [Appointment of Judges.] The Governor General shall appoint the +Judges of the Superior, District, and County Courts in each Province, +except those of the Courts of Probate in Nova Scotia and New Brunswick. + +97. [Selection of Judges in Ontario, &c.] Until the Laws relative to +Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, +and the Procedure of the Courts in those Provinces, are made uniform, +the Judges of the Courts of those Provinces appointed by the Governor +General shall be selected from the respective Bars of those Provinces. + +98. [Selection of Judges in Quebec.] The Judges of the Courts of Quebec +shall be selected from the Bar of that Province. + +99. [Tenure of Office of Judges of Superior Courts.] 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. + +100. [Salaries, &c., of Judges.] The Salaries, Allowances, and Pensions +of the Judges of the Superior, District, and County Courts (except the +Courts of Probate in Nova Scotia and New Brunswick), and of the +Admiralty Courts in Cases where the Judges thereof are for the Time +being paid by Salary, shall be fixed and provided by the Parliament of +Canada. + +101. [General Court of Appeal, &c.] The Parliament of Canada may, +notwithstanding anything in this Act, from Time to Time, provide for the +Constitution, Maintenance, and Organization of a General Court of Appeal +for Canada, and for the Establishment of any additional Courts for the +better Administration of the Laws of Canada. + + + + VIII.--REVENUES; DEBTS; ASSETS; TAXATION. + + +102. [Creation of Consolidated Revenue Fund.] All Duties and Revenues +over which the respective Legislatures of Canada, Nova Scotia, and New +Brunswick before and at the Union had and have Power of Appropriation, +except such Portions thereof as are by this Act reserved to the +respective Legislatures of the Provinces, or are raised by them in +accordance with the special Powers conferred on them by this Act, shall +form One Consolidated Revenue Fund, to be appropriated for the Public +Service of Canada in the Manner and subject to the Charges in this Act +provided. + +103. [Expenses of Collection, &c.] The Consolidated Revenue Fund of +Canada shall be permanently charged with the Costs, Charges, and +Expenses incident to the Collection, Management, and Receipt thereof, +and the same shall form the First Charge thereon, subject to be reviewed +and audited in such Manner as shall be ordered by the Governor General +in Council until the Parliament otherwise provides. + +104. [Interest of Provincial Public Debts.] The annual Interest of the +Public Debts of the several Provinces of Canada, Nova Scotia, and New +Brunswick at the Union shall form the Second Charge on the Consolidated +Revenue Fund of Canada. + +105. [Salary of Governor General.] Unless altered by the Parliament of +Canada, the salary of the Governor General shall be Ten thousand Pounds +Sterling Money of the United Kingdom of Great Britain and Ireland, +payable out of the Consolidated Revenue Fund of Canada, and the same +shall form the Third Charge thereon. + +106. [Appropriation from time to time.] Subject to the several Payments +by this Act charged on the Consolidated Revenue Fund of Canada, the same +shall be appropriated by the Parliament of Canada for the Public +Service. + +107. [Transfer of Stocks, &c.] All Stocks, Cash, Banker's Balances, +and Securities for Money belonging to each Province at the time of the +Union, except as in this Act mentioned, shall be the Property of Canada, +and shall be taken in Reduction of the Amount of the respective Debts +of the Provinces at the Union. + +108. [Transfer of Property in Schedule.] The Public Works and Property +of each Province, enumerated in the Third Schedule to this Act, shall +be the Property of Canada. + +109. [Property in Lands, Mines, &c.] All Lands, Mines, Minerals, and +Royalties belonging to the several Provinces of Canada, Nova Scotia, +and New Brunswick at the Union, and all Sums then due or payable for +such Lands, Mines, Minerals, or Royalties, shall belong to the several +Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which +the same are situate or arise, subject to any Trusts existing in respect +thereof, and to any Interest other than that of the Province in the +same. + +110. [Assets connected with Provincial Debts.] All Assets connected with +such Portions of the Public Debt of each Province as are assumed by that +Province shall belong to that Province. + +111. [Canada to be liable for Provincial Debts.] Canada shall be liable +for the Debts and Liabilities of each Province existing at the Union. + +112. [Debts of Ontario and Quebec.] Ontario and Quebec conjointly shall +be liable to Canada for the Amount (if any) by which the Debt of the +Province of Canada exceeds at the Union Sixty-two million five hundred +thousand Dollars, and shall be charged with Interest at the Rate of Five +per Centum per Annum thereon. + +113. [Assets of Ontario and Quebec.] The Assets enumerated in the Fourth +Schedule to this Act belonging at the Union to the Province of Canada +shall be the Property of Ontario and Quebec conjointly. + +114. [Debt of Nova Scotia.] Nova Scotia shall be liable to Canada for +the Amount (if any) by which its Public Debt exceeds at the Union Eight +million Dollars, and shall be charged with Interest at the Rate of Five +per Centum per Annum thereon. + +115. [Debt of New Brunswick.] New Brunswick shall be liable to Canada +for the Amount (if any) by which its Public Debt exceeds at the Union +Seven million Dollars, and shall be charged with Interest at the Rate +of Five per Centum per Annum thereon. + +116. [Payment of Interest to Nova Scotia and New Brunswick.] In case +the Public Debts of Nova Scotia and New Brunswick do not at the Union +amount to Eight million and Seven million Dollars respectively, they +shall respectively receive by half-yearly Payments in advance from +the Government of Canada Interest at Five per Centum per Annum on the +Difference between the actual Amounts of their respective Debts and +such stipulated Amounts. + +117. [Provincial Public Property.] The several Provinces shall retain +all their respective Public Property not otherwise disposed of in this +Act, subject to the Right of Canada to assume any Lands or Public +Property required for Fortifications or for the Defence of the Country. + +118. [Grants to Provinces.] The following Sums shall be paid yearly by +Canada to the several Provinces for the Support of their Governments +and Legislatures: + + Dollars. + Ontario . . . . . . . . . . Eighty thousand. + Quebec . . . . . . . . . . .Seventy thousand. + Nova Scotia . . . . . . . . Sixty thousand. + New Brunswick . . . . . . . Fifty thousand. + ------------------ + Two hundred and sixty thousand; + +and an annual Grant in aid of each Province shall be made, equal to +Eighty Cents per Head of the Population as ascertained by the Census +of One thousand eight hundred and sixty-one, and in the Case of Nova +Scotia and New Brunswick, by each subsequent Decennial Census until +the Population of each of those Two Provinces amounts to Four hundred +thousand Souls, at which Rate such Grant shall thereafter remain. Such +Grants shall be in full Settlement of all future Demands on Canada, +and shall be paid half-yearly in advance to each Province; but the +Government of Canada shall deduct from such Grants, as against any +Province, all Sums chargeable as Interest on the Public Debt of that +Province in excess of the several Amounts stipulated in this Act. + +119. [Further Grant to New Brunswick.] New Brunswick shall receive by +half-yearly Payments in advance from Canada for the Period of Ten Years +from the Union an additional Allowance of Sixty-three thousand Dollars +per Annum; but as long as the Public Debt of that Province remains under +Seven million Dollars, a Deduction equal to the Interest at Five per +Centum per Annum on such Deficiency shall be made from that Allowance +of Sixty-three thousand Dollars. + +120. [Form of Payments.] All Payments to be made under this Act, or +in discharge of Liabilities created under any Act of the Provinces of +Canada, Nova Scotia, and New Brunswick respectively, and assumed by +Canada, shall, until the Parliament of Canada otherwise directs, be +made in such Form and Manner as may from Time to Time be ordered by +the Governor General in Council. + +121. [Canadian Manufactures, &c.] All Articles of the Growth, Produce, +or Manufacture of any one of the Provinces shall, from and after the +Union, be admitted free into each of the other Provinces. + +122. [Continuance of customs and excise Laws.] The Customs and Excise +Laws of each Province shall, subject to the Provisions of this Act, +continue in force until altered by the Parliament of Canada. + +123. [Exportation and Importation as between Two Provinces.] Where +Customs Duties are, at the Union, leviable on any Goods, Wares, or +Merchandises in any Two Provinces, those Goods, Wares, and Merchandises +may, from and after the Union, be imported from one of those Provinces +into the other of them on Proof of Payment of the Customs Duty leviable +thereon in the Province of Exportation, and on Payment of such further +Amount (if any) of Customs Duty as is leviable thereon in the Province +of Importation. + +124. [Lumber Dues in New Brunswick.] Nothing in this Act shall affect +the Right of New Brunswick to levy the Lumber Dues provided in Chapter +Fifteen of Title Three of the Revised Statutes of New Brunswick, or in +any Act amending that Act before or after the Union, and not increasing +the Amount of such Dues; but the Lumber of any of the Provinces other +than New Brunswick shall not be subject to such Dues. + +125. [Exemption of Public Lands, &c.] No Lands or Property belonging to +Canada or any Province shall be liable to Taxation. + +126. [Provincial Consolidated Revenue Fund.] Such Portions of the Duties +and Revenues over which the respective Legislatures of Canada, Nova +Scotia, and New Brunswick had before the Union Power of Appropriation as +are by this Act reserved to the respective Governments or Legislatures +of the Provinces, and all Duties and Revenues raised by them in +accordance with the special Powers conferred upon them by this Act, +shall in each Province form One Consolidated Revenue Fund to be +appropriated for the Public Service of the Province. + + + + IX.--MISCELLANEOUS PROVISIONS. + + +General. + + +127. [As to Legislative Councillors of Provinces becoming senators.] If +any Person being at the passing of this Act a Member of the Legislative +Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the +Senate is offered, does not within Thirty Days thereafter, by Writing +under his Hand addressed to the Governor General of the Province of +Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as +the Case may be), accept the same, he shall be deemed to have declined +the same; and any Person who, being at the passing of this Act a Member +of the Legislative Council of Nova Scotia or New Brunswick, accepts a +Place in the Senate shall thereby vacate his Seat in such Legislative +Council. + +128. [Oath of Allegiance, &c.] Every Member of the Senate or House +of Commons of Canada shall before taking his Seat therein take and +subscribe before the Governor General or some Person authorized by him, +and every Member of a Legislative Council or Legislative Assembly of +any Province shall before taking his Seat therein take and subscribe +before the Lieutenant Governor of the Province or some Person authorized +by him, the Oath of Allegiance contained in the Fifth Schedule to this +Act; and every Member of the Senate of Canada and every Member of +the Legislative Council of Quebec shall also, before taking his Seat +therein, take and subscribe before the Governor General, or some Person +authorized by him, the Declaration of Qualification contained in the +same Schedule. + +129. [Continuance of existing Laws, Courts, Officers, &c.] Except +as otherwise provided by this Act, all Laws in force in Canada, +Nova Scotia, or New Brunswick at the Union, and all Courts of Civil +and Criminal Jurisdiction, and all legal Commissions, Powers, +and Authorities, and all Officers, Judicial, Administrative, and +Ministerial, existing therein at the Union, shall continue in Ontario, +Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had +not been made; subject nevertheless (except with respect to such as are +enacted by or exist under Acts of the Parliament of Great Britain or of +the Parliament of the United Kingdom of Great Britain and Ireland,) to +be repealed, abolished, or altered by the Parliament of Canada, or by +the Legislature of the respective Province, according to the Authority +of the Parliament or of that Legislature under this Act. + +130. [Transfer of Officers to Canada.] Until the Parliament of Canada +otherwise provides, all Officers of the several Provinces having Duties +to discharge in relation to Matters other than those coming within +the Classes of Subjects by this Act assigned exclusively to the +Legislatures of the Provinces shall be Officers of Canada, and shall +continue to discharge the Duties of their respective Offices under the +same Liabilities, Responsibilities, and Penalties as if the Union had +not been made. + +131. [Appointment of new Officers.] Until the Parliament of Canada +otherwise provides, the Governor General in Council may from Time to +Time appoint such Officers as the Governor General in Council deems +necessary or proper for the effectual Execution of this Act. + +132. [Treaty Obligations.] The Parliament and Government of Canada +shall have all Powers necessary or proper for performing the Obligations +of Canada or of any Province thereof, as Part of the British Empire, +towards Foreign Countries arising under Treaties between the Empire and +such Foreign Countries. + +133. [Use of English and French Languages.] Either the English or the +French Language may be used by any Person in the Debates of the Houses +of the Parliament of Canada and of the Houses of the Legislature of +Quebec; and both those Languages shall be used in the respective Records +and Journals of those Houses; and either of those Languages may be used +by any Person or in any Pleading or Process in or issuing from any Court +of Canada established under this Act, and in or from all or any of the +Courts of Quebec. + +The Acts of the Parliament of Canada and of the Legislature of Quebec +shall be printed and published in both those Languages. + + +Ontario and Quebec. + + +134. [Appointment of executive officers for Ontario and Quebec.] Until +the Legislature of Ontario or of Quebec otherwise provides, the +Lieutenant Governors of Ontario and Quebec may each appoint under the +Great Seal of the Province the following Officers, to hold Office +during Pleasure, that is to say,--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, and in the Case of Quebec the Solicitor General, and +may, by Order of the Lieutenant Governor in Council, from Time to Time +prescribe the Duties of those Officers and of the several Departments +over which they shall preside or to which they shall belong, and of the +Officers and Clerks thereof; and may also appoint other and additional +Officers to hold Office during Pleasure, and may from Time to Time +prescribe the Duties of those Officers, and of the several Departments +over which they shall preside or to which they shall belong, and of the +Officers and Clerks thereof. + +135. [Powers, duties, &c., of Executive officers.] Until the Legislature +of Ontario or Quebec otherwise provides, all Rights, Powers, Duties, +Functions, Responsibilities, or Authorities at the passing of this +Act vested in or imposed on the Attorney General, Solicitor General, +Secretary and Registrar of the Province of Canada, Minister of Finance, +Commissioner of Crown Lands, Commissioner of Public Works, and Minister +of Agriculture and Receiver General, by any Law, Statute or Ordinance +of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, +shall be vested in or imposed on any Officer to be appointed by the +Lieutenant Governor for the Discharge of the same or any of them; and +the Commissioner of Agriculture and Public Works shall perform the +Duties and Functions of the Office of Minister of Agriculture at the +passing of this Act imposed by the Law of the Province of Canada, as +well as those of the Commissioner of Public Works. + +136. [Great Seals.] Until altered by the Lieutenant Governor in Council, +the Great Seals of Ontario and Quebec respectively shall be the same, or +of the same Design, as those used in the Provinces of Upper Canada and +Lower Canada respectively before their Union as the Province of Canada. + +137. [Construction of temporary Acts.] The Words "and from thence to the +End of the then next ensuing Session of the Legislature," or Words to +the same Effect, used in any temporary Act of the Province of Canada not +expired before the Union, shall be construed to extend and apply to the +next Session of the Parliament of Canada if the Subject Matter of the +Act is within the Powers of the same, as defined by this Act, or to the +next Sessions of the Legislatures of Ontario and Quebec respectively, +if the Subject Matter of the Act is within the Powers of the same as +defined by this Act. + +138. [As to Errors in Names.] From and after the Union the Use of the +Words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of +"Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or +Thing, shall not invalidate the same. + +139. [As to Issue of Proclamations before Union, to commence after +Union.] Any Proclamation under the Great Seal of the Province of Canada +issued before the Union to take effect at a Time which is subsequent to +the Union, whether relating to that Province, or to Upper Canada, or +to Lower Canada, and the several Matters and Things therein proclaimed +shall be and continue of like Force and Effect as if the Union had not +been made. + +140. [As to Issue of Proclamations after Union.] Any Proclamation which +is authorized by any Act of the Legislature of the Province of Canada +to be issued under the Great Seal of the Province of Canada, whether +relating to that Province, or to Upper Canada, or to Lower Canada, and +which is not issued before the Union, may be issued by the Lieutenant +Governor of Ontario or of Quebec, as its Subject Matter requires, +under the Great Seal thereof; and from and after the Issue of such +Proclamation the same and the several Matters and Things therein +proclaimed shall be and continue of the like Force and Effect in Ontario +or Quebec as if the Union had not been made. + +141. [Penitentiary.] The Penitentiary of the Province of Canada shall, +until the Parliament of Canada otherwise provides, be and continue the +Penitentiary of Ontario and of Quebec. + +142. [Arbitration respecting Debts, &c.] The Division and Adjustment +of the Debts, Credits, Liabilities, Properties, and Assets of Upper +Canada and Lower Canada shall be referred to the Arbitrament of Three +Arbitrators, One chosen by the Government of Ontario, One by the +Government of Quebec, and One by the Government of Canada; and the +Selection of the Arbitrators shall not be made until the Parliament of +Canada and the Legislatures of Ontario and Quebec have met; and the +Arbitrator chosen by the Government of Canada shall not be a Resident +either in Ontario or in Quebec. + +143. [Division of Records.] The Governor General in Council may from +Time to Time order that such and so many of the Records, Books, +and Documents of the Province of Canada as he thinks fit shall be +appropriated and delivered either to Ontario or to Quebec, and the +same shall thenceforth be the Property of that Province; and any Copy +thereof or Extract therefrom, duly certified by the Officer having +charge of the Original thereof, shall be admitted as Evidence. + +144. [Constitution of Townships in Quebec.] The Lieutenant Governor of +Quebec may from Time to Time, by Proclamation under the Great Seal +of the Province, to take effect from a Day to be appointed therein, +constitute Townships in those Parts of the Province of Quebec in which +Townships are not then already constituted, and fix the Metes and +Bounds thereof. + + + + X.--INTERCOLONIAL RAILWAY. + + +145. [Duty of Government and Parliament of Canada to make Railway herein +described.] Inasmuch as the Provinces of Canada, Nova Scotia, and New +Brunswick have joined in a Declaration that the Construction of the +Intercolonial Railway is essential to the Consolidation of the Union of +British North America, and to the Assent thereto of Nova Scotia and New +Brunswick, and have consequently agreed that Provision should be made +for its immediate Construction by the Government of Canada: Therefore, +in order to give effect to that Agreement, it shall be the Duty of the +Government and Parliament of Canada to provide for the Commencement +within Six Months after the Union, of a Railway connecting the River +St. Lawrence with the City of Halifax in Nova Scotia, and for the +Construction thereof without Intermission, and the Completion thereof +with all practicable Speed. + + + + XI.--ADMISSION OF OTHER COLONIES. + + +146. [Power to admit Newfoundland, &c., into the Union.] It shall be +lawful for the Queen, by and with the Advice of Her Majesty's Most +Honourable Privy Council, on Addresses from the Houses of the Parliament +of Canada, and from the Houses of the respective Legislatures of the +Colonies or Provinces of Newfoundland, Prince Edward Island, and British +Columbia, to admit those Colonies or Provinces, or any of them, into the +Union, and on Address from the Houses of the Parliament of Canada to +admit Rupert's Land and the North-western Territory, or either of them, +into the Union, on such Terms and Conditions in each Case as are in the +Addresses expressed and as the Queen thinks fit to approve, subject to +the Provisions of this Act; and the Provisions of any Order in Council +in that Behalf shall have effect as if they had been enacted by the +Parliament of the United Kingdom of Great Britain and Ireland. + +147. [As to Representation of Newfoundland and Prince Edward Island in +Senate.] In case of the Admission of Newfoundland and Prince Edward +Island, or either of them, each shall be entitled to a Representation +in the Senate of Canada of Four Members, and (notwithstanding anything +in this Act) in case of the Admission of Newfoundland the normal Number +of Senators shall be Seventy-six and their maximum Number shall be +Eighty-two; but Prince Edward Island when admitted shall be deemed to +be comprised in the third of the Three Divisions into which Canada is, +in relation to the Constitution of the Senate, divided by this Act, +and accordingly, after the Admission of Prince Edward Island, whether +Newfoundland is admitted or not, the Representation of Nova Scotia and +New Brunswick in the Senate shall, as Vacancies occur, be reduced from +Twelve to Ten Members respectively, and the Representation of each of +those Provinces shall not be increased at any Time beyond Ten, except +under the Provisions of this Act for the Appointment of Three or Six +additional Senators under the Direction of the Queen. + + + + +SCHEDULES. + + + +THE FIRST SCHEDULE. + +Electoral Districts of Ontario. + + +A. Existing Electoral Divisions. + +Counties. + +1. Prescott. +2. Glengarry. +3. Stormont. +4. Dundas. +5. Russell. +6. Carleton. +7. Prince Edward. +8. Halton. +9. Essex. + +Ridings of Counties + +10. North Riding of Lanark. +11. South Riding of Lanark. +12. North Riding of Leeds and North Riding of Grenville. +13. South Riding of Leeds. +14. South Riding of Grenville. +15. East Riding of Northumberland. +16. West Riding of Northumberland (excepting therefrom the Township + of South Monaghan). +17. East Riding of Durham. +18. West Riding of Durham. +19. North Riding of Ontario. +20. South Riding of Ontario. +21. East Riding of York. +22. West Riding of York. +23. North Riding of York. +24. North Riding of Wentworth. +25. South Riding of Wentworth. +26. East Riding of Elgin. +27. West Riding of Elgin. +28. North Riding of Waterloo. +29. South Riding of Waterloo. +30. North Riding of Brant. +31. South Riding of Brant. +32. North Riding of Oxford. +33. South Riding of Oxford. +34. East Riding of Middlesex. + +Cities, Parts of Cities, and Towns. + +35. West Toronto. +36. East Toronto. +37. Hamilton +38. Ottawa +39. Kingston +40. London +41. Town of Brockville, with the Township of Elizabethtown thereto + attached. +42. Town of Niagara, with the Township of Niagara thereto attached. +43. Town of Cornwall, with the Township of Cornwall thereto attached. + + +B. New Electoral Divisions. + +44. The Provisional Judicial District of ALGOMA. + +The County of BRUCE, divided into Two Ridings, to be called respectively +the North and South Ridings:-- + +45. The North Riding of Bruce to consist of the Townships of Bury, + Lindsay, Eastnor, Albermarle, Amabel, Arran, Bruce, Elderslie, + and Saugeen, and the Village of Southampton. + +46. The South Riding of Bruce to consist of the Townships of + Kincardine (including the Village of Kincardine), Greenock, + Brant, Huron, Kinloss, Culross, and Carrick. + +The County of HURON, divided into Two Ridings, to be called respectively +the North and South Ridings:-- + +47. The North Riding to consist of the Townships of Ashfield, + Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett, + including the Village of Clinton, and McKillop. + +48. The South Riding to consist of the Town of Goderich and the + Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, + and Stephen. + +The County of MIDDLESEX, divided into three Ridings, to be called +respectively the North, West, and East Ridings:-- + +49. The North Riding to consist of the Townships of McGillivray and + Biddulph (taken from the County of Huron), and Williams East, + Williams West, Adelaide, and Lobo. + +50. The West Riding to consist of the Townships of Delaware, Carradoc, + Metcalfe, Mosa and Ekfrid, and the Village of Strathroy. + +[The East Riding to consist of the Townships now embraced therein, and +be bounded as it is at present.] + +51. The County of LAMBTON to consist of the Townships of Bosanquet, + Warwick, Plympton, Sarnia, Moore, Enniskillen, and Brooke, and + the Town of Sarnia. + +52. The County of KENT to consist of the Townships of Chatham, + Dover, East Tilbury, Romney, Raleigh, and Harwich, and the + Town of Chatham. + +53. The County of BOTHWELL to consist of the Townships of Sombra, + Dawn, and Euphemia (taken from the County of Lambton), and the + Townships of Zone, Camden with the Gore thereof, Orford, and + Howard (taken from the County of Kent). + +The County of GREY, divided into Two Ridings, to be called respectively +the South and North Ridings:-- + +54. The South Riding to consist of the Townships of Bentinck, Glenelg, + Artemesia, Osprey, Normanby, Egremont, Proton, and Melancthon. + +55. The North Riding to consist of the Townships of Collingwood, + Euphrasia, Holland, Saint-Vincent, Sydenham, Sullivan, Derby, + and Keppel, Sarawak and Brooke, and the Town of Owen Sound. + +The County of PERTH, divided into Two Ridings, to be called respectively +the South and North Ridings:-- + +56. The North Riding to consist of the Townships of Wallace, Elma, + Logan, Ellice, Mornington, and North Easthope, and the Town of + Stratford. + +57. The South Riding to consist of the Townships of Blanchard, Downie, + South Easthope, Fullarton, Hibbert, and the Villages of Mitchell + and Ste. Marys. + +The County of WELLINGTON, divided into Three Ridings, to be called +respectively North, South and Centre Ridings:-- + +58. The North Riding to consist of the Townships of Amaranth, Arthur, + Luther, Minto, Maryborough, Peel, and the Village of Mount Forest. + +59. The Centre Riding to consist of the Townships of Garafraxa, Erin, + Eramosa, Nichol, and Pilkington, and the Villages of Fergus and + Elora. + +60. The South Riding to consist of the Town of Guelph, and the + Townships of Guelph and Puslinch. + +The County of NORFOLK, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +61. The South Riding to consist of the Townships of Charlotteville, + Houghton, Walsingham, and Woodhouse, and with the Gore thereof. + +62. The North Riding to consist of the Townships of Middleton, + Townsend, and Windham, and the Town of Simcoe. + +63. The County of HALDIMAND to consist of the Townships of Oneida, + Seneca, Cayuga North, Cayuga South, Raynham, Walpole, and Dunn. + +64. The County of MONCK to consist of the Townships of Canborough and + Moulton, and Sherbrooke, and the Village of Dunnville (taken from + the County of Haldimand), the Townships of Caistor and + Gainsborough (taken from the County of Lincoln), and the Townships + of Pelham and Wainfleet (taken from the County of Welland). + +65. The County of LINCOLN to consist of the Townships of Clinton, + Grantham, Grimsby, and Louth, and the Town of St. Catherines. + +66. The County of WELLAND to consist of the Townships of Bertie, + Crowland, Humberstone, Stamford, Thorold, and Willoughby, and the + Villages of Chippewa, Clifton, Fort Erie, Thorold, and Welland. + +67. The County of PEEL to consist of the Townships of Chinguacousy, + Toronto, and the Gore of Toronto, and the Villages of Brampton + and Streetsville. + +68. The County of CARDWELL to consist of the Townships of Albion and + Caledon (taken from the County of Peel), and the Townships of + Adjala and Mono (taken from the County of Simcoe). + +The County of SIMCOE, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +69. The South Riding to consist of the Townships of West Gwillimbury, + Tecumseth, Innisfil, Essa, Tossorontio, Mulmur, and the Village + of Bradford. + +70. The North Riding to consist of the Townships of Nottawasaga, + Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, + Tiny and Tay, Balaklava and Robinson, and the Towns of Barrie + and Collingwood. + +The County of VICTORIA, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +71. The South Riding to consist of the Townships of Ops, Mariposa, + Emily, Verulam, and the Town of Lindsay. + +72. The North Riding to consist of the Townships of Anson, Bexley, + Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, + Lutterworth, Macaulay and Draper, Sommerville, and Morrison, + Muskoka, Monck and Watt (taken from the County of Simcoe), and + any other surveyed Townships lying to the North of the said + North Riding. + +The County of PETERBOROUGH, divided into Two Ridings, to be called +respectively the West and East Ridings:-- + +73. The West Riding to consist of the Townships of South Monaghan + (taken from the County of Northumberland), North Monaghan, Smith, + and Ennismore, and the Town of Peterborough. + +74. The East Riding to consist of the Townships of Asphodel, Belmont + and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and + Dysart, Otonabee, and Snowden, and the Village of Ashburnham, + and any other surveyed Townships lying to the North of the said + East Riding. + +The County of HASTINGS, divided into Three Ridings, to be called +respectively the West, East, and North Ridings:-- + +75. The West Riding to consist of the Town of Belleville, the + Township of Sydney, and the Village of Trenton. + +76. The East Riding to consist of the Townships of Thurlow, + Tyendinaga, and Hungerford. + +77. The North Riding to consist of the Townships of Rawdon, + Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and + the Village of Stirling, and any other surveyed Townships + lying to the North of the said North Riding. + +78. The County of LENNOX to consist of the Townships of Richmond, + Adolphustown, North Fredericksburgh, South Fredericksburgh, + Ernest Town, and Amherst Island, and the Village of Napanee. + +79. The County of ADDINGTON to consist of the Townships of Camden, + Portland, Sheffield, Hinchinbrooke, Kaladar, Kennebec, Olden, + Oso, Anglesea, Barrie, Clarendon, Palmerston, Effingham, Abinger, + Miller, Canonto, Denbigh, Loughborough, and Bedford. + +80. The County of FRONTENAC to consist of the Townships of Kingston, + Wolfe Island, Pittsburg and Howe Island, and Storrington. + +The County of RENFREW, divided into Two Ridings, to be called +respectively the South and North Ridings:-- + +81. The South Riding to consist of the Townships of McNab, Bagot, + Blithfield, Brougham, Horton, Admaston, Grattan, Matawatchan, + Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, + and the Villages of Arnprior and Renfrew. + +82. The North Riding to consist of the Townships of Ross, Bromley, + Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, + Buchanan, South Algona, North Algona, Fraser, McKay, Wylie, + Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and + Richards, and any other surveyed Townships lying North-westerly + of the said North Riding. + + +Every Town and incorporated Village existing at the Union, not +especially mentioned in this Schedule, is to be taken as Part of the +County or Riding within which it is locally situate. + + + +THE SECOND SCHEDULE. + +Electoral Districts of Quebec specially fixed. + + +Counties of-- + + Pontiac. + Ottawa. + Argenteuil. + Huntingdon. + Missisquoi. + Brome. + Shefford. + Stanstead. + Compton. + Wolfe and Richmond. + Megantic. + Town of Sherbrooke. + + + +THE THIRD SCHEDULE. + +Provincial Public Works and Property to be the Property of Canada. + + +1. Canals, with Lands and Water Power connected therewith. +2. Public Harbours. +3. Lighthouses and Piers, and Sable Island. +4. Steamboats, Dredges, and Public Vessels. +5. Rivers and Lake Improvements. +6. Railways and Railway Stocks, Mortgages, and other Debts due by + Railway Companies. +7. Military Roads. +8. Custom Houses, Post Offices, and all other Public Buildings, except + such as the Government of Canada appropriate for the Use of the + Provincial Legislatures and Governments. +9. Property transferred by the Imperial Government, and known as + Ordnance Property. +10. Armouries, Drill Sheds, Military Clothing, and Munitions of War, + and Lands set apart for general Public Purposes. + + + +THE FOURTH SCHEDULE. + +Assets to be the Property of Ontario and Quebec conjointly. + + + Upper Canada Building Fund. + Lunatic Asylums. + Normal School. + Court Houses in | + Aylmer, | Lower Canada. + Montreal, | + Kamouraska, | + Law Society, Upper Canada. + Montreal Turnpike Trust. + University Permanent Fund. + Royal Institution. + Consolidated Municipal Loan Fund, Upper Canada. + Consolidated Municipal Loan Fund, Lower Canada. + Agricultural Society, Upper Canada. + Lower Canada Legislative Grant. + Quebec Fire Loan. + Temiscouata Advance Account. + Quebec Turnpike Trust. + Education--East. + Building and Jury Fund, Lower Canada. + Municipalities Fund. + Lower Canada Superior Education Income Fund. + + + +THE FIFTH SCHEDULE. + +Oath of Allegiance. + + +I, A.B., do swear, That I will be faithful and bear true Allegiance +to Her Majesty Queen Victoria. + +Note.--The Name of the King or Queen of the United Kingdom of Great +Britain and Ireland for the Time being is to be substituted from Time +to Time, with proper Terms of Reference thereto. + + +Declaration of Qualification. + + +I, A.B., do declare and testify, That I am by Law duly qualified to be +appointed a Member of the Senate of Canada [or as the Case may be], and +that I am legally or equitably seised as of Freehold for my own Use and +Benefit of Lands or Tenements held in Free and Common Socage [or seised +or possessed for my own Use and Benefit of Lands or Tenements held in +Franc-alleu or in Roture (as the Case may be),] in the Province of +Nova Scotia [or as the Case may be] of the Value of Four thousand +Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and +Incumbrances due or payable out of or charged on or affecting the same, +and that I have not collusively or colourably obtained a Title to or +become possessed of the said Lands and Tenements or any Part thereof +for the Purpose of enabling me to become a Member of the Senate of +Canada [or as the Case may be], and that my Real and Personal Property +are together worth Four thousand Dollars over and above my Debts and +Liabilities. + + + + + + +*** END OF THE PROJECT GUTENBERG EBOOK, THE BRITISH NORTH AMERICA ACT, 1867 *** + +This file should be named tbnaa10.txt or tbnaa10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, tbnaa11.txt +VERSIONS based on separate sources get new LETTER, tbnaa10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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