Document Information

Date: 1854-05-30
By: United Kingdom (Parliament)
Citation: Bill 137, An Act to empower the Legislature of Canada to alter the Constitution of the Legislative Council for that Province, 1854 sess, UK, 1854.
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Legislative Council
(Canada).

A
BILL
INTITULED

An Act to empower the Legislature of
Canada to alter the Constitution of the
Legislative Council for that Province.

(Presented by The Duke of Newcastle.)

Ordered to be printed 30th May 1854.

(137.)

Legislative Council (Canada) Bill.

ARRANGEMENT OF CLAUSES.

Power to the Legislature of Canada to alter the Constitution of the
Legislative Council; Sect. 1.

Provisions of former Acts of Parliament to apply to new Legis-
lative Council; 2.

Power to the Legislature of Canada to vary the Provisions of the Act
or Acts constituting the new Legislative Council; 3.

Power to the Legislature of Canada to vary the Property Qualification
of Members of the Assembly established by 3 & 4 Vict. c. 35.; 4.

Repealing the Proviso in 3 & 4 Vict. c.35. s.26.; 5.

Repealing 3 & 4 Vict. c. 35. s. 42. ; 6.

Interpretation; 7.

(137.)

A

BILL

INTITULED

An Act to empower the Legislature of Canada to
alter the Constitution of the Legislative Council
for that Province.

WHEREAS an Act of the Session of Parliament holden in
the Third and Fourth Years of Her Majesty, Chapter
Thirty-five, “to reunite the Provinces of Upper and Lower
“Canada, and for the Government of Canada,” provides amongst
other things for the Establishment of a Legislative Council in the
Province of Canada, consisting of Members summoned thereto by the
Governor, under the Authority of Her Majesty as therein specified:

And whereas it is expedient that the Legislature of the said Province
should be empowered to alter the Constitution of the said Legislative
Council: And whereas the said Act requires Amendment in other
respect: Be it enacted by the Queen’s most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, as follows:

I. It shall be lawful for the Legislature of Canada by any Act or
Acts to be hereafter for that Purpose passed, to alter the Manner of
composing the Legislative Council of the said Province, and to make
it consist of such Number of Members appointed or to be appointed
or elected by such Persons and in such Manner as to the said
Legislature may seem fit, and to fix the Qualifications of the Per-
sons capable of being so appointed or elected, and by such Act or
Acts to make Provision, if they shall think fit, for the separate
Dissolution by the Governor of the said Legislative Council and
Legislative Assembly respectively, and for the Purposes aforesaid to
vary and repeal in such Manner as to them may seem fit all or
any of the Sections and Provisions of the said recited Act, and of
any other Act of Parliament now in force which relate to the Con-
stitution of the Legislative Council of Canada: Provided always,
that any Bill or Bills which shall be passed by the present Legislative
Council and Assembly of Canada for all or any of the Purposes afore-
said shall be reserved by the said Governor, unless he think fit to
withhold Her Majesty’s Assent thereto, for the Signification of Her
Majesty’s Pleasure, and shall be subject to the Enactments of the said
recited Act of the Third and Fourth Years of Her Majesty, Chapter
Thirty-five, Section Thirty-nine, which relate to Bills so reserved for
the Signification of Her Majesty’s Pleasure.

II. As soon as the Constitution of the Legislative Council of the
Province of Canada shall have been altered under such Act or Acts
so assented to by Her Majesty as aforesaid, all Provisions of the said
recited Act of Parliament of the Third and Fourth Years of Her
Majesty, Chapter Thirty-five, and of any other Act of Parliament
now in force relating to the Legislative Council of Canada, shall be
held to apply to the Legislative Council so altered, except so far as
such Provision may have been varied or repealed by such Act or
Acts of the Legislature of Canada so assented to as aforesaid.

III. It shall be lawful for the Legislature of Canada from Time to
Time to vary and repeal all or any of the Provisions of the Act or
Acts altering the Constitution of the said Legislative Council: Pro-
vided always, that any Bill for any such Purpose which shall vary
the Qualification of Councillors, or the Duration of Office of such
Councillors, or the Power of the Governor to dissolve the Council or
Assembly, shall be reserved by the Governor for the Signification of
Her Majesty’s Pleasure in manner aforesaid.

IV. It shall be lawful for the Legislature of Canada by any Act
or Acts reserved for the Signification of Her Majesty’s Pleasure, and
whereto Her Majesty shall have assented as herein-before provided,
to vary the Property Qualification of Members of the Legislative
Assembly established by the recited Act of Parliament of the Third
and Fourth Years of Her Majesty, Cjapter Thirty-five, and any
Provision of the said Act of Parliament relating thereto.

V. So much of the Twenty-sixth Section of the said recited Act
of Parliament as provides that it shall not be lawful to present to
the Governor of the Province of Canada for Her Majesty’s Assent
any Bill of the Legislative Council and Assembly of the said
Province by which the Number of Representatives in the Legislative
Council may be altered unless the Second and Third Reading of
such Bill in the Legislative Council and the Legislative Assembly
shall have been passed with the Concurrence of Two Thirds of the
Members for the Time being of the said Legislative Council, and
of Two Thirds of the Members for the Time being of the said Legis-
lative Assembly respectively, and that the Assent of Her Majesty
shall not be given to any such Bill unless Addresses shall have been
presented by the Legislative Council and the Legislative Assembly
respectively to the Governor stating that such Bill has been so
passed, is hereby repealed.

VI. The Forty-second Section of the said recited Act of Parlia-
ment, providing that in certain Cases Bills of the Legislative Council
and Assembly of Canada shall be laid before both Houses of Parlia-
ment of the United Kingdom, is hereby repealed; and, notwith-
standing anything in the said Act of Parliament or in any other
Act of Parliament contained, it shall be lawful for the Governor
to declare that he assents in Her Majesty’s Name to any Bill of the
Legislature of Canada, or for Her Majesty to assent to any such Bill
if reserved for the Siginification of Her Pleasure thereon, although
such Bill shall not have been laid before the said Houses of Parlia-
ment; and no Act heretofore passed or to be passed by the
Legislature of Canada shall be held invalid or ineffectual by reason
of the same not having been laid before the said Houses, or by
reason of the Legislative Council and Assembly not having presented
to the Governor such Address as by the said Act of Parliament is
required.

VII. And be it enacted, that in this Act the Word “Governor”
is to be understood as comprehending the Governor, and in his
Absence the Lieutenant Governor, or Person authorized to execute
the Office or the Functions of the Governor of Canada.