The Constitution Act, 1867
(THE
BRITISH NORTH AMERICA ACT, 1867)
30 & 31 Victoria,
c. 3.
[Consolidated with amendments]
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 the 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: (1)
I.
PRELIMINARY.
1. This Act may be cited as the
Constitution Act, 1867.(2)
2. Repealed(3)
II. UNION.
3. 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 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)
4. Unless it is otherwise expressed or
implied, the Name Canada shall be taken to mean Canada as constituted
under this Act.(5)
5. Canada shall be divided into Four
Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.(6)
6. The Parts of the Province of Canada (as it exists at
the passing of this Act) which formerly constituted respectively the
Province 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. The Provinces of Nova Scotia and New Brunswick shall have the
same Limits as at the passing of this Act.
8. 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
every Tenth Year thereafter, the respective Populations of the Four
Provinces shall be distinguished.
III. EXECUTIVE
POWER.
9. The Executive Government and Authority
of and over Canada is hereby declared to continue and be vested in the
Queen.
10. 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. 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, 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 Member thereof, or by the
Governor General individually, as the Case requires, subject
nevertheless (except with respect to such as exist under Acts of
Parliament of Great Britain or of the Parliament of the United Kingdom
of Great Britain and Ireland) to be established or altered by the
Parliament of Canada.(7)
13. 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. It shall be
lawful for the Queen, if Her Majesty thinks fit, to authorize the
Governor General from Time to Time 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 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. 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 to be vested in the Queen.
16. Until the Queen
otherwise directs, the Seat of Government of Canada shall be Ottawa.
IV. LEGISLATIVE POWER
17. There shall
be One Parliament for Canada, consisting of the Queen, an Upper House
styled the Senate, and the House of Commons.
18. 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 any Act of the Parliament of
Canada defining such privileges, immunities, and powers shall not confer
any privileges, immunities, or powers exceeding those at the passing of
such 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.(8)
19. The Parliament of Canada shall be
called together not later than Six Months after the Union.(9)
20. Repealed.(10)
The Senate
21. The Senate shall, subject to the Provisions of this Act
consist of One Hundred and four Members, who shall be styled
Senators.(11)
22. In relation to the Constitution of
the Senate Canada shall be deemed to consist of Four Divisions:--
1.
Ontario;
2. Quebec;
3. The Maritime Provinces, Nova
Scotia, and New Brunswick, and Prince Edward Island;
4.
The Western Provinces of Manitoba, British Columbia, Saskatchewan, and
Alberta;
which Four 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; the Maritime
Provinces and Prince Edward Island by twenty-four senators, ten thereof
representing Nova Scotia, ten thereof representing New Brunswick, and
four thereof representing Prince Edward Island; the Western Provinces by
twenty-four senators, six thereof representing Manitoba, six thereof
representing British Columbia, six thereof representing Saskatchewan,
and six thereof representing Alberta; Newfoundland shall be entitled to
be represented in the Senate by six members; the Yukon Territory and the
Northwest Territories shall be entitled to be represented in the Senate
by one member each.
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.(12)
23. The Qualification 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 the 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.(13)
24. 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. Repealed.(14)
26. If at
any Time on the Recommendation of the Governor General the Queen thinks
fit to direct that Four or Eight Members be added to the Senate, the
Governor General may by Summons to Four or Eight qualified Persons (as
the Case may be), representing equally the Four Divisions of Canada, add
to the Senate accordingly.(15)
27. In case of such
Addition being at any Time made, the Governor General shall not summon
any Person to the Senate, except upon a further like Direction by the
Queen on the like Recommendation, to represent one of the Four Divisions
until such Division is represented by Twenty-four Senators and no
more.(16)
28. The Number of Senators shall not at any
Time exceed One Hundred and twelve.(17)
29. (1) Subject
to subsection (2), a Senator shall, subject to the provisions of this
Act, hold his place in the Senate for life.
(2) A Senator who
is summoned to the Senate after the coming into force of this subsection
shall, subject to this Act, hold his place in the Senate until he
attains the age of seventy-five years.(18)
30. 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. 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 Acknowledgement 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. 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. 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. 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.(19)
35. 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. 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. The House of Commons shall,
subject to the Provisions of this Act, consist of two hundred and
eighty-two members of whom ninety-five shall be elected for Ontario,
seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick,
fourteen for Manitoba, twenty-eight for British Columbia, four for
Prince Edward Island, twenty-one for Alberta, fourteen for Saskatchewan,
seven for Newfoundland, one for the Yukon Territory and two for the
Northwest Territories.(20)
38. 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. A Senator shall not be capable of being elected or
of sitting or voting as a Member of the House of Commons.
40. 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.(21)
41. 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 the 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.(22)
42. Repealed.(23)
43. Repealed.(24)
44. The House of
Commons on its first assembling after a General Election shall proceed
with all practicable Speed to select One of its Members to be Speaker.
45. 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. The Speaker shall preside at all Meetings
of the House of Commons.
47. 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.(25)
48. 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. 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. 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.(26)
51. (1) The number of members of the House
of Commons and the representation of the provinces therein shall, on the
coming into the force of this subsection and thereafter on the
completion of each decennial census, 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. There shall assigned to each of the provinces a number of
members equal to the number obtained by dividing the total population of
the population of the provinces by two hundred and seventy-nine and by
dividing the population of each province by the quotient so obtained,
counting any remainder in excess of 0.50 as one after the said process
of division.
2. If the total number of members
that would be assigned to a province by the application of rule 1 is
less than the total number assigned to that province on the date of
coming into force of this subsection, there shall be added to the number
of members so assigned such number of members as will result in the
province having the same number of members as were assigned on that
date.(27)
(2) The Yukon Territory as bounded and described in the
schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall
be entitled to one member, and the Northwest Territories as bounded and
described in section 2 of chapter N-22 of the Revised Statutes of
Canada, 1970, shall be entitled to two members.(28)
51A. Notwithstanding anything in this Act a province shall always
be entitled to a number of members in the House of Commons not less than
the number of senators representing such province.(29)
52. 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. Bills for appropriating any Part of the Public
Revenue, or for imposing any Tax or Impost, shall originate in the House
of Commons.
54. 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. Where a
Bill passed by the Houses of 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.
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 the 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. 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. For each Province there shall be an Officer,
styled the Lieutenant Governor, appointed by the Governor General in
Council by Instrument under the Great Seal of Canada.
59. A Lieutenant Governor shall hold Office during the Pleasure
of the Governor General; but any Lieutenant Governor appointed after the
Commencement of the First Session of the Parliament of Canada shall not
be removable Within Five Years of his Appointment, except for Cause
assigned, which shall be communicated to him in Writing within One Month
after the Order for his Removal is made, and shall be communicated by
Message to the Senate and to the House of Commons within One Week
thereafter if the Parliament is then sitting, and if not then within One
Week after the Commencement of the next Session of the Parliament.
60. The Salaries of the Lieutenant Governors shall be fixed
and provided for by the Parliament of Canada.(30)
61.
Every Lieutenant Governor shall, before assuming the Duties of his
Office, make and subscribe before the Governor General or some Person
authorized by him Oaths of Allegiance and Office similar to those taken
by the Governor General.
62. The Provisions of this Act
referring to the Lieutenant Governor extend and apply to the Lieutenant
Governor for the Time being of each Province, or other the Chief
Executive Officer or Administrator for the Time being carrying on the
Government of the Province, by whatever Title he is designated.
63. The Executive Council of Ontario and of Quebec shall be
composed of such Person as the Lieutenant Governor from Time to Time
thinks fit, and in the first instance of the following Officers,
namely,--the Attorney General, the Secretary and Registrar of the
Province, the Treasurer of the Province, the Commissioner of Crown
Lands, and the Commissioner of Agriculture and Public Works, with in
Quebec, the Speaker of the Legislative Council and the Solicitor
General.(31)
64. 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.(32)
65. All Powers, Authorities, and Functions which under any Act of
the Parliament of Great Britain, or of the Parliament of the United
Kingdom of Great Britain and Ireland, or of the Legislature of Upper
Canada, Lower Canada, or Canada, were or are before or at the Union
vested in or exerciseable by the respective Governors or Lieutenant
Governors of those Provinces, with the Advice or Consent of the
respective Executive Councils thereof, or in conjunction with those
Councils, or with any Number of Members thereof, or by those Governors
or Lieutenant Governors individually, shall, as far as the same are
capable of being exercised after the Union in relation to the Government
of Ontario and Quebec respectively, with the Advice or with the Advice
and Consent of or in conjunction with the respective Executive Councils,
or any Members thereof, or by the Lieutenant Governor individually, as
the Case requires, subject nevertheless (except with respect to such as
exist under Acts of the Parliament of Great Britain, or of the
Parliament of the United Kingdom of Great Britain and Ireland,) to be
abolished or altered by the respective Legislatures of Ontario and
Quebec.(33)
66. The Provisions of this Act referring to
the Lieutenant Governor in Council shall be construed as referring to
the Lieutenant Governor of the Province acting by and with the Advice
the Executive Council thereof.
67. The Governor General
in Council may from Time to Time appoint an Administrator to execute the
office and Functions of Lieutenant Governor during his Absence, Illness,
or other Inability.
68. Unless and Until the Executive
Government of any Province 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. There shall be a Legislature
for Ontario consisting of the Lieutenant Governor and of One House,
styled the Legislative Assembly of Ontario.
70. 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.(34) 2. QUEBEC
71. There shall be a Legislature for Quebec consisting of the
Lieutenant Governor and of Two Houses, styled the Legislative Council of
Quebec and the Legislative Assembly of Quebec.(35)
72.
The Legislative Council of Quebec shall be composed of Twenty-four
Members, to be appointed by the Lieutenant Governor, in the Queen's
Name, by Instrument under the Great Seal of Quebec, One being appointed
to represent each of the Twenty-four Electoral Divisions of Lower Canada
in this Act referred to, and each holding Office for the Term of his
Life, unless the Legislature of Quebec otherwise provides under the
Provisions of this Act.
73. The Qualifications of the
Legislative Councillors of Quebec shall be the same as those of the
Senators for Quebec.
74. The Place of a Legislative
Councillor of Quebec shall become vacant in the Cases, mutatis mutandis,
in which the Place of Senator becomes vacant.
75. When
a Vacancy happens in the Legislative Council of Quebec by Resignation,
Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by
Instrument under the Great Seal of Quebec, shall appoint a fit and
qualified Person to fill the Vacancy.
76. If any
Question arises respecting the Qualification of a Legislative Councillor
of Quebec, or a Vacancy in the Legislative Council of Quebec, the same
shall be heard and determined by the Legislative Council.
77. The Lieutenant Governor may from Time to Time, by Instrument
under the Great Seal of Quebec, appoint a Member of the Legislative
Council of Quebec to be Speaker thereof, and may remove him and appoint
another in his Stead.
78. Until the Legislature of
Quebec otherwise provides, the Presence of at least Ten Members of the
Legislative Council, including the Speaker, shall be necessary to
constitute a Meeting for the Exercise of its Powers.
79. Questions arising in the Legislative Council of Quebec shall
be decided by a Majority of Voices, and the Speaker shall in all Cases
have a Vote, and when the Voices are equal the Decision shall be deemed
to be in the Negative.
80. The Legislative Assembly of
Quebec shall be composed of Sixty- five Members, to be elected to
represent the Sixty-five Electoral Divisions or Districts of Lower
Canada in this Act referred to, subject to Alteration thereof by the
Legislature of Quebec: Provided that it shall not be lawful to present
to the Lieutenant Governor of Quebec for Assent any Bill for altering
the Limits of any of the Electoral Divisions or Districts mentioned in
the Second Schedule to this Act, unless the Second and Third Readings of
such Bill have been passed in the Legislative Assembly with the
Concurrence of the Majority of the Members representing all those
Electoral Divisions or Districts, and the Assent shall not be given to
such Bill unless an Address has been presented by the Legislative
Assembly to the Lieutenant Governor stating that it has been so
passed.(36) 3. ONTARIO AND QUEBEC
81.
Repealed.(37)
82. The Lieutenant Governor of Ontario
and of Quebec shall from Time to Time, in the Queen's Name, by
Instrument under the Great Seal of the Province, summon and call
together the Legislative Assembly of the Province.
83.
Until the Legislature of Ontario or of Quebec otherwise provides, a
Person accepting or holding in Ontario or in Quebec any Office,
Commission, or Employment, permanent or temporary, at the Nomination of
the Lieutenant Governor, to which annual Salary, or Fee, Allowance,
Emolument, or Profit of any Kind or Amount whatever from the Province is
attached, shall not be eligible as a Member of the Legislative Assembly
of the respective Province, nor shall he sit or vote as such; but
nothing in this Section shall make ineligible any Person being a member
of the Executive Council of the respective Province, or holding any of
the following Offices, that is to say, the Offices of Attorney General,
Secretary and Registrar of the Province, Treasurer of the Province,
Commissioner of Crown Lands, and Commissioner of Agriculture and Public
Works, and in Quebec Solicitor General, or shall disqualify him to sit
or vote in the House for which he is elected, provided he is elected
while holding such Office.(38)
84. Until the
Legislatures of Ontario and Quebec respectively otherwise provide, all
Laws which at the Union are in force in those Provinces respectively,
relative to the following Matters, or any of them, namely, -- the
Qualifications and Disqualifications of Persons to be elected or to sit
or vote as Members of the Assembly of Canada, the Qualifications and
Disqualifications of Voters, the Oaths to be taken by Voters, the
Returning Officers, their Powers and Duties, the Proceedings at
Elections, the Periods during which such Elections may be continued, and
the Trial of controverted Elections and the Proceedings incident
thereto, the vacating of Seats of Members and the issuing and execution
of new Writs in case of Seats vacated otherwise than by Dissolution, --
shall respectively apply to Elections of Members to serve in the
respective Legislative Assemblies of Ontario and Quebec.
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.(39)
85. Every Legislative Assembly of Ontario and every Legislative
Assembly of Quebec shall continue for Four Years from the Day of the
Return of the Writs for choosing the same (subject nevertheless to
either the Legislative Assembly of Ontario or the Legislative Assembly
of Quebec being sooner dissolved by the Lieutenant Governor of the
Province), and no longer.(40)
86. There shall be a
Session of the Legislature of Ontario and of that of Quebec once at
least in every Year, so that Twelve Months shall not intervene between
the last Sitting of the Legislature in each Province in one Session and
its first Sitting in the next Session.(41)
87. The
following Provisions of this Act respecting the House of Commons of
Canada shall extend and apply to the Legislative Assemblies of Ontario
and Quebec, that is to say, -- the Provisions relating to the Election
of a Speaker originally and on Vacancies, the Duties of Speaker, the
Absence of the Speaker, the Quorum, and the Mode of voting, as if those
Provisions were here re-enacted and made applicable in Terms to each
such Legislative Assembly. 4. NOVA SCOTIA AND NEW
BRUNSWICK
88. The Constitution of the Legislature of each
of the Provinces of Nova Scotia and New Brunswick shall, subject to the
Provision of this Act, continue as it exists at the Union until altered
under the Authority of this Act.(42)
89. Repealed. (43)
6. THE FOUR PROVINCES
90. The following
Provisions of this Act respecting the Parliament of Canada, namely,--
the Provisions relating to Appropriation and Tax Bills, the
Recommendation of Money Votes, the Assent to Bills, the Disallowance of
Acts, and the Signification of Pleasure on Bills reserved,--shall extend
and apply to the Legislatures of the several Provinces as if those
Provisions were here re-enacted and made applicable in Terms to the
respective Provinces and the Legislatures thereof, with the Substitution
of the Lieutenant Governor of the Province for the Governor General, of
the Governor General for the Queen and for a Secretary of State, of One
Year for Two Years, and of the Province for Canada. VI.
DISTRIBUTION OF LEGISLATIVE POWERS
91. 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. Repealed. (44)
1A. The Public Debt and
Property. (45)
2. The Regulation of Trade and Commerce.
2A. Unemployment insurance. (46)
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.(47)
Exclusive Powers of Provincial Legislatures.
92. In each Province the Legislature may exclusively make Laws
in relation to Matters coming within the Classes of Subject next
hereinafter enumerated; that is to say,--
1. Repealed.(48)
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, 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 the 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.
Non-Renewable Natural Resources, Forestry
Resources and Electrical Energy.
92A. (1) In
each province, the legislature may exclusively make laws in relation to
(a) exploration for non-renewable natural resources in the
province;
(b) development, conservation and management
of non-renewable resources natural resources and forestry resources in
the province, including laws in relation to the rate of primary
production therefrom; and
(c) development,
conservation and management of sites and facilities in the province for
the generation and production of electrical energy.
(2) In each
province, the legislature may make laws in relation to the export from
the province to another part of Canada of the primary production from
non-renewable natural resources and forestry resources in the province
and the production from facilities in the province for the generation of
electrical energy, but such laws may not authorize or provide for
discrimination in prices or in supplies exported to another part of
Canada.
(3) Nothing in subsection (2) derogates from the
authority of Parliament to enact laws in relation to the matters
referred to in that subsection and, where such a law of Parliament and a
law of a province conflict, the law of Parliament prevails to the extent
of the conflict.
(4) In each province, the legislature may
make laws in relation to the raising of money by any mode or system of
taxation in respect of (a) non-renewable natural resources
and forestry resources in the province and the primary production
therefrom, and
(b) sites and facilities in the
province for the generation of electrical energy and the production
therefrom,
whether or not such production is exported in whole or
in part from the province, but such laws may not authorize or provide
for taxation that differentiates between production exported to another
part of Canada and production not exported from the province.
(5) The expression "primary production" has the meaning
assigned by the Sixth Schedule.
(6) Nothing in subsections (1)
to (5) derogates from any power or rights that a legislature or
government of a province had immediately before the coming into force of
this section.(49)
Education.
93. 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 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 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.(50)
Uniformity
of Laws in Ontario, Nova Scotia and New Brunswick.
94. 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.
Old Age Pensions.
94A. The Parliament of Canada may make laws in relation to old
age pensions and supplementary benefits, including survivors, and
disability benefits irrespective of age, but no such law shall affect
the operation of any law present or future of a provincial legislature
in relation to any such matters.(51)
Agriculture and
Immigration.
95. 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 as it is not repugnant to any Act of the
Parliament of Canada.
VII. JUDICATURE
96. 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. 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. The Judges of
the Courts of Quebec shall be selected from the Bar of that Province.
99. (1) Subject to subsection two of section, the
Judges of the Superior Courts shall hold office during good behaviour,
but shall be removable by the Governor General on Address of the Senate
and House of Commons.
(2) A Judge of a Superior Court, whether
appointed before or after the coming into force of this section, shall
cease to hold office upon attaining the age of seventy-five years, or
upon the coming into force of this section if at that time he has
already attained that age.(52)
100. 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 being paid by Salary, shall be fixed and provided by the
Parliament of Canada.(53)
101. 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.(54)
VIII. REVENUES; DEBTS; ASSETS; TAXATION
102. 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 of this Act provided.
103. 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. 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. 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.(55)
106. 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. 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.
The Public Works and Property of each Province, enumerated in the Third
Schedule to this Act, shall be the Property of Canada.
109. 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.(56)
110.
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 shall be liable for the Debts and
Liabilities of each Province existing at the Union.
112. 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. The Assets enumerated in the Fourth
Schedule to this Act be- longing at the Union to the Province of Canada
shall be the Property of Ontario and Quebec conjointly.
114. 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.(57)
115. 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. 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. 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. Repealed.(58)
119. 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.(59)
120. 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 be from Time to Time be
ordered by the Governor General in Council.
121. 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. 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.(60)
123. Where Customs Duties are, at the Union, leviable on any
Goods, Wares, or Merchandises in any Two Provinces, those Goods, Wares,
or 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.(61)
124.
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.(62)
125. No Lands or Property
belonging to Canada or any Province shall be liable to Taxation.
126. 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. Repealed.(63)
128. 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 other Person authorized by him, the
Declaration of Qualification contained in the same Schedule.
129. 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 Provinces, according to the Authority
of the Parliament or of that Legislature under this Act.(64)
130. 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 Legislature 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.(65)
131. Until the Parliament of Canada otherwise provides, the
Governor General in Council may from Time to Time such Officers as the
Governor General in Council deems necessary for the Effectual Execution
of this Act.
132. 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. 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.(66)
Ontario
and Quebec.
134. 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.(67)
135. 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 the 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 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.(68)
136. Until altered
any 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. 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. 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. 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.(69)
140. 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 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.(70)
141.
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.(71)
142. 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.(72)
143. 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.(73)
144. 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.
145.
Repealed.(74)
XI. ADMISSION OF OTHER COLONIES
146. 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.(75)
147. 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 Newfoundland 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 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.(76)
SCHEDULES
THE FIRST
SCHEDULE.(77)
Electoral Districts of
Ontario.
A.
EXISTING ELECTORAL DIVISIONS.
COUNTIES.
| 1. Prescott. | 6. Carleton. |
| 2. Glengarry. | 7. Prince Edward. |
| 3. Stormont. | 8. Halton. |
| 4.
Dundas. | 9. Essex. |
| 5. Russell. |
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 DISTRICTS.
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, Amable, 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, Fuphrasia, 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, Rainham, 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 Caister 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 lO
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 Iying 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 consisl of lhe 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 Iying 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 Iying 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 Villagc of Napancc.
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, Pittsburgh 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 Algoma, North Algoma, Fraser, McKay, Wylie, Rolph, Head, Maria,
Clara, Haggerty, Sherwood, Burns, and Richards, and any other surveyed
Townships Iying Northwesterly of the said North Riding.
Every Town
and incorporated Village existing at the Union, not specially 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. | Missisquoi. | Compton. |
| Ottawa. | Brome. | Wolfe and |
| Argenteuil. | Shefford. | Richmond. |
| Huntingdon. | Stanstead. | 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
Legislature and Governments.
9. Property transferred by the Imperial
Government, and known as Ordinance 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.
THE SIXTH
SCHEDULE.(78)
Primary Production from
Non-Renewable Natural Resources and Forestry Resources.
1. For the purposes of Section 92A of this Act,
(a) production from a non-renewable natural resource is primary
production therefrom if
(i) it is in the form in which it
exists upon its recovery or severance from its natural state, or
(ii) it is a product resulting from processing or refining the
resource, and is not a manufactured product or a product resulting from
refining crude oil, refining upgraded heavy crude oil, refining gases or
liquids derived from coal, or refining synthetic equivalent of crude
oil; and
(b) production from a forestry resource is primary
production therefrom if it consists of saw logs, poles, lumber, wood
chips, sawdust or other primary wood product or wood pulp, and is not a
product manufactured from wood.