An Act for the Union of Canada, Nova Scotia, and New Brunswick

Click here to view the original document (PDF).

AN ACT
FOR THE
UNION OF CANADA, NOVA SCOTIA AND NEW BRUNSWICK

AND THE GOVERNMENT THEREOF;

AND FOR THE PURPOSES CONNECTED THEREWITH.

(30 VICTORIAE, CAP 3)

QUEBEC

TYPOGRAPHIE D’AUGUSTIN COTÉ

1868


UNION ACT.


AN ACT

For the union of Canada, Nova Scotia, and New Brunswick, and the government thereof; and for purposes connected therewith.

WHEREAS the provinces of Canada, Nova Scotia and New Brunswick have expressed their de- sire to be federally united into one Dominion under the crown of the united kingdom of Great Britain and Ireland, with a constitution similar in principal 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

[Page 7]

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.

This act may be cited as “The British North America Act, 1867.”

2. 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. 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 Can- ada; and on and after that day those three provinces shall form and be one Dominion under that name accordingly.

4. 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

[Page 9]

shall be taken to mean Canada as constituted under this act.

5. Canada shall be divided into four provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.

6. The parts of the province of Canada (as it exists of the passing of this act) which formerly constituted respectively the provinces of Upper Canada and Lower Canada shall be deemed to be served, and shall form two separate provinces. The part which formerly constituted the province of Upper Canada shall 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 in 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

[Page 11]

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 exercisable 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

[Page 13]

and exercisable 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. 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 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

[Page 15]

exercise by the Governor General himself of any power, authority, or function.

15. The commander-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. 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 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. The parliament of Canada shall be called together not later than six months after the union.

20. 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

[Page 17]

of the parliament in one session and its first sitting in the next session.

The Senate.

21. The senate shall, subject to the provisions of this act, consist of seventy-two members, who shall be styled senators.

29. 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. 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

[Page 19]

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 seized as of freehold for his own use and benefit of lands or tenements held in free and common usage, or seized or possessed for his own use and benefit of lands or tenements held in francalleu or in nature, 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 encumbrances 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.

[Page 21]

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 Such person shall be first summoned to the senate as the Queen by warrant under Her Majesty’s Royal Sign Manuel thinks fit to approve, and their names shall be inserted in the Queen’s proclamation of union.

26 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 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 three divisions of Canada is represented by twenty-four senators and no more.

28 The number of senators shall not at any time exceed seventy-eight.

[Page 23]

29. A senator shall, subject to the provisions of this act, hold his place in the senate for life.

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 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

[Page 25]

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.

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 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 one hundred and

[Page 27]

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 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

[Page 29]

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. Until the parliament of Canada otherwise provides, all laws in force in the several provinces at the union relative to the following matters of 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

[Page 31]

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. 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

[Page 33]

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. 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 pro- visions 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. The house of commons on its first assembling after a general election shall proceed with all practical speed to elect 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.

[Page 35]

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.

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.

51. 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

[Page 37]

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 readjustment 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 readjustment 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 readjustment shall not take effect until the termination of the then existing parliament.

[Page 39]

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 first been 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 House 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 Where the Governor General assents to a bill in the Queen’s name, he shall by the first conven-

[Page 41]

ient 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 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

[Page 43]

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 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. The salaries of the Lieutenant Governors shall be fixed and provided by the parliament of Canada

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 of the chief executive officer or administrator for

[Page 45]

the time being carrying on the government of the province, by whatsoever title he is designated.

63. 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. 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. 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 exercisable 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,

[Page 47]

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, and with the advice or with the advice and consent 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. 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. 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

[Page 49]

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.

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.

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.

[Page 51]

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

[Page 53]

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 alterations 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 The legislatures of Ontario and Quebec respectively shall be called together not later than six months after the union.

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.

[Page 55]

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 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. 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 dis-

[Page 57]

qualifications 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. 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. 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 pro-

[Page 59]

vince in one session and its first sitting in the next session.

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 the Speaker, the absence of the Speaker, the quorum, and the mode of voting, as if those provisions were here reenacted 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 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. 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

[Page 61]

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. The following provisions of this act respecting the Parliament of Canada, namely,the provisions relating to appropriation and tax bills, the recommendation of money notes, the assent to bills, the disallowance of acts, and the signification of pleasure on bills reserved,shall extend and apply to the legislature of the several provinces as if those provisions were here reenacted 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. 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

[Page 63]

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 de- fence.

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.

[Page 65]

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

[Page 67]

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 In each province the legislatures 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 man-

[Page 69]

agement 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 licenses 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 steamships 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.

[Page 71]

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 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 schools trustees of the Queen’s Roman Catholic subjects, shall be and the same are here-

[Page 73]

by 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.

[Page 75]

Uniformity of laws in Ontario, Nova Scotia, and New Brunswick.

94. Notwithstanding anything in this act, the parliament of Canada may make provisions 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. 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 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.

[Page 77]

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. 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. 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. 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

[Page 79]

for the establishment of any additional courts for the better administration of the laws of Canada.

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 manner and subject to the charges in 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,

[Page 81]

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 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, bankers’ 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.

[Page 83]

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 interest at the rate of five per cent per annum thereon.

113. 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. 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 cent per annum thereon.

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 cent 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

[Page 85]

shall respectively receive, by half-yearly payments in advance from the government of Canada, interest at five per cent 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. The following sums shall be paid yearly by Canada to the several provinces for the support of their governments and legislatures:

Ontario $80,000

Quebec 70,000

Nova Scotia 60,000

New Brunswick 50,000

$260,000

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 centennial census until the population of each of those two provinces amounts to four hundred thousand souls, at which rate such grant shall thereafter re-

[Page 87]

main. 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. 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 cent per annum on such deficiency shall be made from that allowance of sixty-three thousand dollars.

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 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

[Page 89]

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.

123. Where customs duties are, at the union, leviable on any goods, wares, or merchandizes in any two provinces, those goods, wares, and merchandizes 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. 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. No lands or property belonging to Canada or any province shall be liable to taxation.

126. Such portions of the duties and revenues

[Page 91]

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 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. 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

[Page 93]

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. 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 pro-

[Page 95]

vince, according to the authority of the parliament or of that legislature under this act.

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 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. Until the parliament of Canada otherwise provides, the governor-general in council may from time to time appoint such officers as the governor- general as council deems necessary or proper for the effectual execution of this act.

132. The parliament and government of Canada shall have all powers necessary or proper for per- forming 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 legislatures of Quebec; and both those languages shall be used in the respective records and

[Page 97]

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. 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 offices 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

[Page 99]

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. 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. 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

[Page 101]

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.

140. Any proclamation which is authorized by

[Page 103]

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. 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. 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. The Governor General in council may from

[Page 105]

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. 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. 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 Hali-

[Page 107]

fax in Nova Scotia, and for the construction thereof without intermission, and the completion thereof with all practicable speed.

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.

147. In cases 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

[Page 109]

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.

[Page 111]

SCHEDULES.

The FIRST SCHEDULE

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.

[Page 113]

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.

[Page 115]

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 Town-

[Page 117]

ships 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, Cam- den 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.

[Page 119]

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 East- hope, Fullarton, Hibbert, and the Villages of Mitchell and St. 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.

[Page 121]

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 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.

[Page 123]

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, Tosorontio, 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,

[Page 125]

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.

[Page 127]

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 Fredericksburg, 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,

[Page 129]

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. Mississquoi. Compton. Ottawa. Brome. Wolfe and Argenteuil. Shefford. Richmond. Huntingdon. Stanstead. Megantic.

Town of Sherbrooke.

[Page 131]

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.

[Page 133]

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,

Montreal, Lower Canada

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.

[Page 135]

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 seized 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 encumbrances 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.

[Page 137]

INDEX OF THE BRITISH NORTH AMERICA ACT, 1867.
A.

ABSENCE, of a senator for two consecutive sessions, involves forfeiture of seat, [Page 31] (1)

-the same applied to a member of the legislative council of Quebec, [Page 74]

-of Speaker of house of commons, for forty-eight hours, a Speaker protem, may be elected, [Page 47]

-the same applied to houses of assembly of Ontario and Quebec, [Page 87]

-of a Lieutenant Governor, Governor General may appoint an administrator for the time being, [Page 67]

ADMINISTRATION, government of Canada-See Privy Council

-governments of Ontario and Quebec, [Page 63], [Pages 134,135]

-of justice-See Justice

ADMINISTRATOR OF THE GOVERNMENT, Canada, [Page 10],[Page 14]

-provinces, may be appointed by the Governor General, for any province in absence, &c, of the Lieutenant Governor, [Page 67].

[Page 176]

ADMIRALTY COURTS, the salaries of judges thereof, are fixed and provided by parliament, [Page 100]

ADMISSION OF OTHER COLONIES, provision for admission of other colonies into the union, [Pages 146,147]

AGRICULTURE, commissioner of agriculture and public works, has a seat in the executive council (Ontario and Quebec, [Page 63] See Public Works

-laws in relation to agriculture may be enacted by parliament, and also by the provincial legislatures, if not repugnant to any act of parliament, [Page 93]

ALGOMA DISTRICT, every male householder therein, being a British subject, may vote, in elections for the house of commons, [Page 41]

-and for the legislative assembly, [Page 84]

ALIENS, under exclusive control of parliament, [Page 91], (25)

ALLOWANCES TO THE PROVINCES-See Public Revenues

[Page 177]

AMENDMENTS TO PROVISIONS OF THIS ACT, the places named in the act, as the seats of the respective governments, may be changed, vis-a-vis Canada,by Her Majesty, [Page 16]

-of any province,-by the executive governments thereof, [Page 68]

-the parliament of Canada may amend the provisions of this act (or of the laws continued in force by authority thereof,) in respect to governor in council, [Page 12]

-quorum of senate, [Page 35]

-electoral districts, [Page 40]

-elections, qualification of members and of electors, and trial of controvered elections, [Pages 41, 42]

-absence of Speaker, [Page 47].

-readjustment of representation, decennially, [Pages 51, 52]

-uniformity of laws relative to property and civil rights, [Page 94]

[page 177}

AMENDMENTS TO PROVISIONS OF THIS ACT salary of Governor General, [Page 105]

-customs and excise laws of the provinces, [Page 122]

-penitentiary of Canada, [Page 141]

-the provincial legislatures may amend the provisions of this act (or of the laws continued in force by authority thereof), in respect to-constitution of executive authority, in Nova Scotia and New Brunswick, [Page 64]

-In Ontario and Quebec, [Page 65]

-constitution of the province generally (except as regards the lieutenant-governor, [Page 92 ](1).

-exclusion of office holders from the legislature, [Page 83]

-provincial elections, qualification of candidates and voters, and controverted elections, [Page 84].

-heads of departments, and their functions, [Pages 134,135]

-the legislature of Quebec may also amend the same, in respect to term of office of a legislative councillor,[Page 72]

-quorum of legislative council, [Page 78]

-electoral divisions (for the legislative assembly) set forth in section 40, but those included in the 2nd schedule [page 129] may not be altered without the concurrence of the majority of the members of those divisions at 2nd and 3rd readings of bill, [Page 80]

-the Lieutenant Governor in council may alter the great seal of the province (Ontario and Quebec), [Page 136]

ANNUAL SESSIONS, of the parliament of Canada, [Page 20]

-of the provincial legislatures, [Page 86]

[Page 178]

APPEAL, to the governor in council, from any provincial act or decisions affecting the rights of the minority, in school matters, [Page 93], (3,4,)

-parliament may provide for the organization of a court of appeal for Canada, [Page 101].

APPROPRIATION BILLS:-See Money Votes.

ASSETS, LIABILITIES AND PROPERTY, adjustment thereof, &c., [Pages 102 to 126], [Page 142].

ASYLUMS, are under provincial control, [Page 92](7).

ATTORNEY-GENERAL has a seat in the Executive Council (Ontario and Quebec), [Page 63].

-appointed during pleasure, by the Lieutenant Governor, [Page 135].

-his functions and duties, [Pages 134,135].

AUCTIONEERS LICENSES, are under provincial control,[Page 92](9).

B

BANKING, under exclusive control of parliament, [Page 91] (15).

BANKRUPTCY, disqualifies a senator, [Page 31] (3).

-under exclusive control of parliament, [Page 91](21).

BEACONS AND BUOYS, under exclusive control of parliament [Page 91] (9).

BILLS OF EXCHANGE, legislation thereon is under exclusive control of parliament, [Page 91](18).

BORROWING OF MONEY, for the Dominion; under the control of parliament, [Page 91 ](4).

-for provincial purposes; under the control of the provincial legislature, [Page 92] (3).

BRITISH COLUMBIA, admission of, into the union, [Page 146].

C

CANADA, declared to be the name of the New Dominion, [Pages 3,4].

-divided into four provinces, [Page 5].

-limits of each defined, [Pages 6,7].

[Page 179]

CANALS, such as connect one province with another, or extend beyond the limits of a province, are under control of parliament, [Page 92] (10,a)

-and such, also, as are declared to be for the general advantages of Canada, or of two or more provinces, [Page 92] (10,c)

CASTING VOTE, Speaker of house of commons has a casting vote only, [Page 49]

-of the legislative assembly, [Page 87]

-(in the senate when the voices are equal, the decision as deemed to be in the negative, [Page 36]

-the same also in the legislative council, Quebec, [Page79]

CENSUS, to be taken in 1871, and in every tenth year, thereafter,[Page 8]

-under exclusive control of parliament, [Page 91], (6)

-a re-adjustment of the representation to be made after each census, [Page 51]

CHARITABLE INSTITUTIONS, are under provincial control (excepting Marine Hospitals), [Page 92], (7)

COINAGE, under exclusive control of parliament, [Page 91], (14)

COMMISSIONER OF CROWN LANDS, has a seat in the executive council (Ontario and Quebec), [Page 63]

-appointed, during pleasure, by the Lieutenant Governor, [Page 134]

-his functions and duties, [Pages 134, 135].

COMMISSIONER OF PUBLIC WORKS:-See Public Works

COMMONS HOUSE OF,-See House of Commons

COMPANIES INCORPORATED, such as relate to provincial objects are under provincial control, [Page 92 ](11)

-certain exceptions specified, [Page 92] (10)

CONSOLIDATED REVENUE FUND- See Public Revenues

COPY-RIGHTS, under exclusive control of parliament, [Page 91] (23)

COURTS-See Justice, Administration of

COURTS, PROCEDURE OF-See Property

[Page 180]

CRIMINAL LAWS, under exclusive control of parliament (except constitution of criminal courts),[Page 91] (27)

CURRENCY, under exclusive control of parliament, [Page 91] (14)

CUSTOMS LAWS, provincial customs laws continue in force, until altered by parliament, [Page 122]

-importation (from one province to another) of foreign dutiable goods, [Page 123]

D

DEBT, PUBLIC-See Public Debt

DEFENCE OF THE COUNTRY, under exclusive control of parliament, [Page 91] (7)

-Canada may assume any land required for fortifications, &c, [Page 117]

DENOMINATIONAL SCHOOLS-See Education

DISALLOWANCE OF BILLS, parliament of Canada, bills assented to by the Governor General, may be disallowed by the Queen, within two years, [Page 56]

-provincial legislatures bills assented to by the Lieutenant Governor, may be disallowed by the Governor General within one year, [Page 56], [Page 90]

DIVORCE, under exclusive control of parliament, [Page 91] (26)

E

[Page 181]

EDUCATION, placed under exclusive control of provincial legislatures, with certain limitations, [Page 93]

-rights conferred by law upon denominational schools, are preserved, [Page 93] (1,2)

-an appeal lies to governor in council from any act or decision affecting the same,[Page 93] (3)

-any remedial act deemed necessary hereafter, may thereupon (failing provincial legislation) be passed by parliament, [Page 93] (4)

EDUCATION, all the powers already conferred on Roman Catholic separate schools in Upper Canada, are extended to Dissentient schools in Quebec, [Page 93 ](2)

ELECTION OF MEMBERS, all existing laws in relation to elections, controverted elections, &c, continued until altered by the legislature to which they appertain, [Page 41], [Page 84]

-writs to be issued for the first election, in such manner as the Governor General may think fit, powers of returning officers, &c, to be those exercised under existing laws, [Page 42]

-to continue the same until altered by parliament, [Page 43].

-first general elections for members of the legislative assemblies of Ontario, Quebec and Nova Scotia, to be simultaneous with that for the House of Commons, [Page 89]

ELECTORAL DIVISIONS, defined (for the house of commons) within each province, [Page 40] (and 1st schedule)

-the same divisions, in Quebec, to apply to the legislative assembly, subject to alterations by the legislature, those specified to alterations by the legislature, those specified in the 2nd schedule [Page 129] not to be altered without concurrence of a majority of the members representing the same at 2nd and 3rd readings of the bill, [Page 80].

EMIGRATION-See Immigration

ENGLISH LANGUAGE See French

EXCISE, provincial excise laws continue in force, until altered by parliament, [Page 122]

EXCLUSIVE POWERS OF LEGISLATION-See Legislative Powers

EXECUTIVE POWER, of the general governments, [Pages 9 to 15]. See Governor General Privy Council

-of the provincial governments, [Pages 58 to 68]. See Lieutenant Governor

[Page 182]

EXPIRING LAWS construction of provisions relating thereto, [Page 137]

F

FELONY, incapacitates a senator from holding his seat, [Page 31] (4)

FERRIES, such as are international or interprovincial are under exclusive control of parliament,[Page 91] (13)

FINES AND PENALTIES, for infraction of provincial laws, are under provincial control, [Page 92] (15)

FISHERIES, under exclusive control of parliament,[Page 91] (12)

FORTIFICATION-See Defence of the Country

FREE TRADE, articles of the produce of our province are admitted free into the other provinces, [Page 121]

FRENCH AND ENGLISH LANGUAGES, (Canada and Quebec) either language may be used in parliamentary debates, or in pleadings, &c, in court, both must be used in the journals and statutes, [Page 133]

G

GENERAL GOVERNMENT, executive power,[Pages 9 to 15]

-governor general, [Page 10]

-has deputies, [Page 14]

-privy council, [Page 11]

-governor in council, [Pages 12, 13]

-command of naval, military, and militia forces, [Page 15] See Governor General.

-Ottawa to be the seat of Government, [Page 16]

-legislative power, [Pages 17 to 57]

-senate, [Pages 21 to 36]

-house of commons, [Pages 37 to 52]

-money votes, [Pages 53, 54]

-royal assent to bills, [Pages 55 to 57]

[Page 183]

GENERAL GOVERNMENT, jurisdiction (classes of subjects for legislation), [Pages 91, 92] (10 a b c), [Page 93] (4)

-uniformity of laws relative to property and civil rights, [Page 94]

-agriculture and immigration, [Page 95]. See House of Commons, Parliament of Canada, Senate.

-public debt, revenue, &c See Public Debt, Public Property Public Revenues, Public Works

-empowered to fulfill all necessary treaty obligations towards foreign countries, [Page 132]

GOVERNOR GENERAL, interpretation of provisions relating to him, [Page 10]

-relating to the governor in council, [Pages 12, 13]

-may appoint deputies, and define their powers, [Page 14],

-his duties regarding the summoning of persons to the senate, [Pages 24 to 27],[Page 32]

-the appointment of the Speaker, [Page 34]

-to call together the house of commons, from time to time, in the Queen’s name, [Page 38]

-to cause writs to be issued for the first election, [Page 42]

-may dissolve the house, [Page 50]

-no money vote may pass, that has not been first recommended by the governor, [Page 54]

-may give the royal assent to bills, or reserve the, [Page 55]

[Page 184]

GOVERNOR GENERAL, to send copies of all such bills to England, [Page 56]

-and to announce the giving of the royal assent to any reserved bill, [Page 57]

-governor in council may disallow (within one year) acts passed by the provincial legislatures, [Page 56],[Page 90]

-appeal to governor in council, in matters affecting the rights of the minority, in regard to education, [Page 93] (3,4)

-appoints the Lieutenant Governor of each province, under the great seal, [Page 58]

-may appoint an administrator, to act in his temporary absence, &c,[Page 67]

-appoints all judges, except those of the Courts of Probate in Nova Scotia and New Brunswick, [Page 96]

-may remove any judges of Superior Courts, on address of the senate or House of Commons, [Page 99]

-his salary (£10,000 stg until altered), made a 3rd charge on consolidated revenue fund, [Page 105]

-governor in council may direct the form in which all payments are made, [Page 120]

may appoint public officers, [Page 131]

H

HOSPITALS, are under provincial control (excepting Marine Hospitals), [Page 92] (7)

[Page 185]

HOUSE OF COMMONS, consists of 181 members, :

-82 for Ontario, 65 for Quebec, 19 for Nova Scotia, 15 for New Brunswick, 37

-the number may be increased, proportionately, [Page 52]

-to be called by the Governor General from time to time, [Page 38]

-senators disqualified from sitting therein, [Page 39]

-electoral districts within each province defined, [Page 40]

-election laws of the different provinces, continued in force until altered by parliament [Page 41]

-and laws relating to the issuing of writs, Pages 42,43]

-Speaker to be elected at first sitting, [Page 44]

-and as often as a vacancy may occur, [Page 45]

-to preside at all meetings, [Page 46]

-in case of absence for 48 hours, a Speaker protem may be elected, [Page 47]

-Speaker may vote only when the voices are equal, [Page 49]

-quorum consists of 20 members, [Page 48]

-duration of house of commons is five years, unless sooner dissolved, [Page 50]

-the representation to be re-adjusted after each decennial census, [Page 51]

-money votes must originate in the Commons, [page 53].

-oath of allegiance, and declaration of qualification to be taken by members, [Page 128], (schedule 5)

[Page 186]

I

IMMIGRATION, laws in relation to immigration may be enacted by parliament and (subordinate thereto by the provincial legislatures, [Page 95]

INDIANS and Indian Lands, under exclusive control of parliament, [Page 91] (24).

INSOLVENCY, disqualifies a senator, [Page 31] (3)

-legislation thereon is under exclusive control of parliament, [Page 91] (21).

INTERCOLONIAL FREE TRADE-See Free Trade

INTERCOLONIAL RAILWAY, to be commenced within six months, [Page 145]

INTEREST OF MONEY, legislation thereon is under exclusive control of parliament, [Page 91] (19)

INTEREST OF PUBLIC DEBT-See Public Debt

INTERPRETATION CLAUSES, with respect to Her Majesty the Queen,[Page 2]

-to the name “Canada” [Page 4]

-the governor-general, [Page 10]

-the governor in council, [Pages 12, 13]

-Lieutenant Governors, [Pages 62, 65]

-Lieutenant Governor in council, [Page 62], [Pages 65, 66]

-expiring laws, [Page 137]

J

JUDGES, all judges (excepting those of the Courts of Probate in Nova Scotia and New Brunswick) are appointed by Governor General, [Page 96]

-their salaries are fixed and provided by parliament, [Page 100]

-judges in Nova Scotia and New Brunswick to be selected from the Bar of each province, until the civil law is made uniform, [Page 97]

[Page 187]

JUDGES, judges in Quebec to be selected from the Bar of Quebec, [Page 98]

-judges of superior courts are removable on address of senate and house of commons, [Page 99].

JUSTICE, ADMINISTRATION OF, the criminal law (except constitution of the court(s) is under exclusive control of parliament, [Page 91 ](27)

-the administration of justice in the provinces, under the constitution, &c, of all provincial courts (including procedure in civil matters), are under provincial control, [Page 92], [Pages 14,15] But see Property and Civil Rights

-parliament may provide for the organization of a court of appeal for Canada, and of additional courts for administering the laws of Canada, [Page 101]

-continuance of all existing courts, judicial officers, &c, [Page 129].

-pleadings or process may be in English or French in courts of Canada or Quebec, [Page 133]

L

LANDS, PUBLIC, are under provincial control, [Page 92] (5), [Page 109]

-except such as may be required for fortifications, [Page 117]

LAWS, existing laws continued in force, [Page 129]

LEGAL TENDER, under exclusive control of parliament,[Page 91] (20)

LEGISLATIVE ASSEMBLY-See Ontario, Quebec

LEGISLATIVE COUNCIL-See Quebec

LEGISLATIVE POWERS, parliament of Canada, [Pages 17 to 37],

-senate, [Pages 21 to 36]

-house of commons, [Pages 37 to 52]

-money votes, [Pages 53,54]

[Page 188]

-royal assent to bills, [Pages 55 to 57]

-legislative powers, [Pages 91, 92](10, a b c), [Page 93](4)

-uniformity of laws, relative to property and civil rights, [Page 94]

-agriculture and immigration, [Page 95]

-customs and excise, [Page 122] See also Amendments.

-Ontario, [Pages 69, 70], [Pages 81 to 87], [Page 89].

-Quebec, [Pages 71 to 87], [Page 89]

-Nova Scotia, [Page 89]

-all the provinces, [Page 90], [Pages 92, 93], [Page 95]. See also Amendments.

LICENSES, for raising revenue for provincial or municipal purposes, are under provincial control, [Page 92] (2)

LIEUTENANT-GOVERNOR, to be appointed for each province, by Governor-General in council, [Page 58].

-interpretation clause, as to powers and duties, [Page 62], [Pages 65, 66]

-to hold office during pleasure, but (after the first session of parliament) not to be removable under five years, except for cause assigned, [Page 59]

-salary to be fixed and paid by parliament, [Page 60]

-oaths of allegiance, and office, [Page 61] (schedule 5)

-may appoint to the executive council, such persons as he thinks fit, [Page 63]

-and prescribe their duties, [Page 134]

-heads of departments specified, [Page 63], [Page 134].

-their functions to continue as heretofore, [Page 135].

-Governor General may appoint an administrator to act in absence, &c, of Lieutenant Governor, [Page 67]

[Page 189]

LIEUTENANT-GOVERNOR, constituted a branch of the legislature, [Page 69], [Page 71], [Page 88]

-to appoint the members of the legislative council in the Queen’s name (Quebec), [Page 72]

-to fill up vacancies therein, [Page 75]

-to appoint the Speaker of the legislative council, from time to time, from among the members, [Page 77]

-to convene the legislature, [Page 82].

-every year, [Page 86]

-may dissolve the legislative assembly,[Page 85]

-the office of Lieutenant Governor may not form the subject of legislation by the provincial legislatures, [Page 92] (1) See Amendments, Proclamations

LIGHT-HOUSES, under exclusive control of parliament, [Page 91] (9)

LOCAL WORKS, &c, are under provincial control, [Page 92](10)

-except such as are declared to be for the general advantage of Canada, &c, [Page 92] (10,c)

-all matters of local and private nature in the province are under provincial control, [Page 92] (11)

LUMBER DUES, may continue to be imposed by New Brunswick, [Page 124}

M

MARINE HOSPITALS, under exclusive control of parliament, [Page 91](11)

MARITIME PROVINCES, to be represented by 24 senators, [Page 22].

-provision for a temporary increase of the number, [Pages 26, 27],

-for an increase of 4, on admission of Newfoundland, [Page 147]

[Page 190]

MARRIAGE, law of marriage is under exclusive control of parliament, [Page 91] (26)

-solemnization of marriage, is under provincial control, [Page 92](12).

MEMBERS- See Election, House of Commons, Ontario, Quebec

MILITARY AND NAVAL FORCES, the command in chief thereof remains vested in the Queen, [Page 15]

MILITIA, the command in chief thereof remains vested in the Queen, [Page 15]

-militia, military and naval service, is under exclusive control of parliament, [Page 91] (7)

MINES AND MINERALS, are under provincial control, [Page 109]

MONEY VOTES, in parliaments, originate in the commons, [Page 53].

-being first recommended by the Governor General, [Page 54]

-in the provincial legislatures, originate in legislative assembly, [Page 53], [Page 90]

-being first recommended by the Lieutenant Governor, [Page 54], [Page 90]

MUNICIPAL INSTITUTIONS, are under provincial control, [Page 92] (8)

N

NATURALIZATION AND ALIENS, under exclusive control of parliament, [Page 91 ](25)

NAVIGATION AND SHIPPING, under exclusive control of parliament, [Page 91](10)

NEW BRUNSWICK, constituted one of the provinces of the Dominion, [Page 5]

-limits to remain as heretofore, [Page 7].

-to be represented by 12 senators, [Page 22].

-(or 10, after admission of Prince Edward Island or Newfoundland), [Page 147]

-provision for a temporary increase, [Pages 26 to 28]

[Page 191]

NEW BRUNSWICK, to be represented in the commons by 15 members, [Page 37]

-representation to be re-adjusted decennially, [Page 51]

-electoral districts defined, [Page 40] (4)

-constitution of executive authority to continue until altered by the legislature, [Page 64], [Page 92] (1) See Lieutenant-Governor, Provincial Constitutions

-constitutions of the legislature (the like), [Page 88], [Page 92] (1) See Provincial Constitutions

-Fredericton to be the seat of government, until otherwise directed by executive government, [Page 68]

-judges of court of probate are appointed and paid by provincial authority, [Page 96], [Page 100].

-all judges in the province to be selected (for the present) from the bar thereof, [Page 97]

-proportion of public debt, revenue, and property See Public Debt, Public Property, Public Revenues, Public Works.

-lumber dues may be imposed by provincial legislature, [Page 124]

NEWFOUNDLAND, admission of, into the union, [Page 146, 147]

NORTH-WEST TERRITORY, admission of, unto the union, [Page 146]

NOVA SCOTIA, constituted one of the provinces of the Dominion, [Page 5]

-limits to remain as heretofore, [Page 7]

-to be represented by 12 senators, [Page 22].

-(or 10, after admission of P E Island or Newfoundland), [Page 147]

-provision for a temporary increase, [Pages 26 to 28].

[Page 192]

NOVA SCOTIA, to be represented, in the commons, by 19 members, [Page 37].

-representation to be re-adjusted decennially, [Page 51]

-electoral districts defined, [Page 40] (3)

-constitutions of executive authority to continue, until altered by the legislature, [Page 64], [Page 92] (1) See Lieutenant-Governor, Provincial Constitutions

-constitutions of the legislature (the like), [Page 88], [Page 92] (1) See Provincial Constitutions.

-Halifax to be the seat of government, until otherwise directed by the executive government, [Page 68]

-first general election to be simultaneous with that for the commons, [Page 89]

-judges of court of probate are appointed, and paid by provincial authority, [Page 96], [Page 100]

-all judges in the province to be selected (for the present) from the bar thereof, [Page 97]

-proportion of public debt, revenue and property-See Public Debt, Public Property, Public Revenues, Public Works

O

OATHS, of allegiance, taken by governor-general and Lieutenant Governors, [Page 61]

-by members of parliament and of the provincial legislatures, [Page 128] (schedule 5)

-of office taken by privy councillors, [Page 11]

ONTARIO, constituted one of the province of the Dominion, [Page 5]

-to consist of what was formerly Upper-Canada, [Page 6].

-to be represented by 24 senators, [Page 22]

-provision for a temporary increase of the number, [Pages 25 to 28]

-to be represented, in the commons, by 82 members, [Page 37]

[Page 193]

ONTARIO, representation to be re-adjusted decennially, [Page 51].

-electoral districts defined, [Page 40] (1)

-executive power, [Pages 58 to 68]

-constitution of executive council, [Page 63]

-members of the administration and their functions, [Pages 134, 135] See Lieutenant-Governor

-Toronto to be the seat of government, until otherwise directed by the executive government, [Page 68]

-legislature of Ontario how constituted, [Page 69]

-to be convened by the Lieutenant Governor, in the name of the Queen, [Page 82]

-within 6 months after the union, [Page 81]

-and at least once in each year thereafter, [Page 86]

-legislative assembly of consists of 82 members, [Page 70]

-office holders (excepting members of the administration) ineligible thereto, [Page 83]

-laws relative to elections, qualifications of voters and candidates, writs, controverted elections, &c, continued until altered by the legislature, [Page 84]

-duration of assembly to be 4 years, unless sooner dissolved, [Page 85].

-quorum to be 20 members, [Page 48] [Page 87]

-first general election to be simultaneous with that for the commons, [Page 89]

-members to take the oath of allegiance, [Page 128]

-speaker of legislative assembly to be elected at first sitting, [Page 44], [Page 87]

-and as often as a vacancy may occur, [Page 45], [Page 87]

-to preside at all meetings, [Page 46], [Page 87].

-in case of absence for 48 hours a speaker protem. may be elected, [Page 47], [Page 87]

-speaker may vote only when the voices are equal, [Page 49], [Page 87].

the use of the name “Upper Canada,” in any deed &c, does not invalidate it, [Page 138].

-penitentiary, [Page 141]

[Page 194]

ONTARIO, proportion of public debt, revenue, and property- See Public Debt, Public Property, Public Revenues, Public Works.

-adjustment of debts, assets, &c, Ontario and Quebec, [Page 142]

-assignment of books and records, [Page 143] See Amendments, Provincial Constitutions

P

PAPER MONEY, ISSUE OF, under exclusive control of parliament, [Page 91] (15)

PARLIAMENT OF CANADA, how constituted, [Page 17].

-its powers, [Page 18]

-to be called within six months after the union, [Page 19].

-and once at least in every year there- after, [Page 20]

-the senate, [Pages 21 to 36] See Senate

-house of commons, [Pages 37 to 54] See House of Commons

-to fix the salaries of Lieutenant Governors and provide therefor, [Page 60].

-classes of subjects under exclusive jurisdiction of parliament, [Pages 91, 92] (10 a b c).

-controlling jurisdiction assigned to parliament, in matters relating to education (in certain cases only), [Page 93] (4).

-in matters relating to agriculture and immigration, [Page 95]

-judges of the superior courts may be removed by the Governor General on address of the senate and the House of Commons, [Page 99]

[Page 195]

PARLIAMENT OF CANADA, salaries of all judges (except those of probate courts in Nova Scotia and New Brunswick) are fixed and provided by parliament, [Page 100]

-may provide for a court of appeal for Canada and for additional courts of general jurisdiction, [Page 101]

-has control over the consolidated revenue, fund, [Page 106]

-has all powers necessary for perform- ing treaty obligations towards foreign countries, [Page 132]

-English or French may be used in the debates both must be used in the journals and statutes, [Page 133]. See Amendments

PATENTS FOR INVENTIONS, under exclusive control of parliament, [Page 91] (22)

PENITENTIARIES, under exclusive control of parliament, [Page 91] (28)

-penitentiary of Canada continues to be the penitentiary of Ontario and Quebec, [Page 141]

POSTAL SERVICE, under exclusive control of parliament, [Page 91] (5),

PRINCE EDWARD ISLAND, admission of, into the union, [Pages 146,147]

PRISONS, are under provincial control, [Page 92] (6)

PRIVY COUNCIL FOR CANADA, how constituted, [Page 11]

-powers of governor in council defined, [Pages 12,13] See Governor-General

PROCEDURE OF THE COURTS, in criminal matters, is under the control of the parliament of Canada, [Page 91] (27)

[Page 196]

PROCEDURE OF THE COURTS, in civil matters, is under provincial control, [Page 92] (14) But see Property and Civil Rights

PROCLAMATIONS, the union to take effect by proclamation, within six months, [Page 3].

-proclamations issued before the union (in relation thereto), continue in force after the union, [Page 139].

-the names of the first senators to be inserted therein, [Page 25]

-announcing the royal assent to any reserved bill to be entered in the journal of each house, [Page 57], [Page 90]

-proclamations under existing acts affecting U or L Canada, may be issued by the Lieutenant Governors of Ontario or Quebec, [Page 140]

-constituting new townships in Quebec, [Page 144].

PROMISSORY NOTES, legislation relative thereto, is under exclusive control of parliament, [Page 91] (18)

PROPERTY, AND CIVIL RIGHTS, IN THE PROVINCES, legislation thereon is under provincial control, [Page 92] (13)

-but parliament may enact provisions for uniformity of the laws in reference thereto, or of the procedure of the courts, which shall not have effect in any province until enacted by the legislature thereof; after which the power of parliament in relation to any matter comprised in such act shall be un- restricted, [Page 94]. See also Judges

PROVINCIAL CONSTITUTIONS, executive power, [Pages 58 to 68]

-Lieutenant Governor, [Pages 58 to 62]

[Page 197]

PROVINCIAL CONSTITUTIONS, executive council, [Pages 63, 64].

-Lieutenant Governor in council, [Pages 65, 66].

-an administrator may be appointed by the governor-general, when necessary, [Page 67] See Lieutenant-Governor.

-seat of government of each province named subject to any change under the direction of the executive government thereof, [Page 68].

-legislatures and their powers, [Pages 69 to 95], [Page 128]. See also Ontario, Quebec.

-classes of subjects enumerated, on which the provincial legislatures have exclusive powers of legislation, [Pages 92, 93].

-power to legislate subject to appeal to the governor in council, [Page 93 ](3).

-subject to the control of parliament, [Page 93] (4) [Page 95].

-any act of parliament for rendering uniform, in all provinces the laws relative to property and civil rights, and the procedure of the courts, shall not have effect in any province, until enacted as law by the legislature thereof, [Page 94]. See also Amendments.

-constitution of the province may be amend- ed by provincial legislature, except as regards the office of Lieutenant Governor, [Page 92] (1).

PROVINCIAL REVENUES:-See Public Revenues.

PUBLIC DEBT, the public debt, and the raising of money by taxation, or loan for general purposes, are under control of parliament, [Page 91] (1,3,4)

-interest thereon made a second charge on consolidated revenue fund, [Page 104].

-Canada liable for the whole of the debts existing at the union, [Page 111].

[Page 198]

PUBLIC DEBT, proportion for which Ontario and Quebec are liable, [Page 112].

-Nova Scotia, [Page 114], [Page 116].

-New Brunswick, [Pages 115,116].

-the interest on their proportion of the debt to be deducted from the grants to the respective provinces, [Page 118].

-adjustment of liabilities, &c., of Ontario and Quebec, [Page 142].

-PUBLIC OFFICES AND OFFICERS, of the Dominion; under the control of parliament, [Page 91] (8).

-the establishment of provincial offices, and salaries of officers, are under provincial appointment and control, [Page 92] (4).

-heads of departments specified (Ontario and Quebec) [Page 134].

-their functions, [Page 135].

-public officers continued in office, [Page 130].

-new officers may be appointed, [Page 131].

PUBLIC PROPERTY, of Canada:-all cash and other assets of each province, [page 107].

-certain public works and property, [Page 108], (schedule 3).

-lands for fortification and defence, [Page 117].

-public property is not liable to taxation, [Page 125].

-of the provinces;-all lands, mines, &c., in the respective provinces, and sums due thereon, [Page 109].

-assets connected with any portions of the public debt assumed by each province, [Page 110].

-all public property not otherwise disposed of, [Page 117].

-of Ontario and Quebec, [Page 113] (schedule 4).

-adjustment thereof, [Page 142].

PUBLIC REVENUES, of Canada:-all revenues heretofore controlled by the provinces, with cash and other assets, are to form a consolidated revenue fund, [Page 102], {Page 107].

[Page 199]

PUBLIC REVENUES, under control of parliament, [Page 106]

-subject to certain charges, [Pages 103, 104, 105]

-of the provinces-allowance (out of consolidated revenue fund) to Ontario, [Page 118]

-to Quebec, [Page 118]

-to Nova Scotia, [Page 118]

-to New Brunswick, [Pages 118, 119]

-consolidated revenue fund for each province, [Page 126]

PUBLIC WORKS, commissioner of agriculture and public works has a seat in executive council (Ontario and Quebec), [Page 63]

-appointed by the Lieutenant Governor, during pleasure, [Page 134]

-his functions and duties, [Pages 134, 135]

-certain classes of public works placed under the control respectively of parliament, and of the provincial legislatures, [Page 92] (10)

-such local works as are declared to be for the general advantage of Canada, or of two or more provinces, are under control of parliament,[Page 92] (10, c).

-certain public works assigned to Canada, [Page 108] (and schedule 3).

Q

QUALIFICATION, of a senator, [Page 23]

-questions relating thereto to be determined by the senate, [Page 33]

-of a member of the House of Commons or o the legislative assembly of Ontario or of Quebec, to continue as heretofore, until altered by law, [Page 41], [Page 84]

-of a voter (the like) [Page 41], [Page 84]

-of a legislative councillor (Quebec), [Page 23], [Page 73].

[Page 200]

QUALIFICATION, questions relating thereto to be determined by the legislative council, [Page 76]

QUARANTINE, under exclusive control of parliament, [Page 91] (11).

QUEBEC, constituted one of the provinces of the Dominion, [Page 5].

-to consist of what was formerly Lower Canada, [Page 6]

-to be represented by 24 senators, [Page 22].

-provision for a temporary increase of the number, [Pages 26 to 28]

-to be represented, in the commons by 65 members, [Page 37], [Page 51] (1)

-electoral districts defined, [Page 40] (2).

-executive power, [Pages 58 to 68]

-constitution of executive council, [Page 63]

-members of the administration, and their functions, [Page 134], [Page 135] See Lieutenant-Governor

-Quebec to be the seat of government, until otherwise directed by the executive government, [Page 68]

-legislature of Quebec, how constituted, [Page 71]

-to be convened by the Lieutenant Governor in the name of the Queen, [Page 82]

-within 6 months after the union, [Page 81]

-and at least once a year thereafter, [Page 86].

-members to be sworn, [Page 128]

-legislative council consists of 24 members (one for each electoral division,-see 2nd schedule) appointed for life (until otherwise provided), [Page 72].

-same provisions in regard to qualification, and vacation of seat, as in the senate, [Page 23], [Page 30],31], [Pages 73,74], [Page 128]

-speaker of legislative council to be appointed, from time to time, by the Lieutenant Governor, [Page 77]

-he is also a member of the executive council, [Page 63].

-votes as a member only (when the voices are equal, the decision being deemed to be in the negative), [Page 79]

-legislative assembly consist of 65 members, representing the electoral divisions defined in sec. [Page 40].

[Page 201]

QUEBEC, subject to alterations by the legislature, those contained in schedule 2 [Page 129] not to be altered without the concurrence of a majority of the members therefor, at the 2nd and 3rd readings of the bill, [Page 80]

-office holders (excepting members of the administration) ineligible thereto, [Page 83]

-laws relative to elections, qualification of voters and candidates, writs, controverted elections, &c, continued until altered by the legislature, [Page 84]

-duration of assembly to be 4 years, unless sooner dissolved, [Page 85]

-quorum to be 20 members, [Page 48], [page 87].

-first general election to be simultaneous with that for the commons, [Page 89]

-speaker of legislative assembly to be elected at first sitting, [Page 44],[Page 87].

-and as often as vacancy may occur, [Page 45],[Page 87]

-to preside at all meetings, [Page 46],[Page 87].

-in case of absence for 48 hours, a speaker protem, may be elected, [Page 47],[Page 87].

-speaker may vote only when the voices are equal, [Page 49], [Page 87]

-the privileges conferred on Roman Catholic separate schools in United Canada, are extended to the dissentient schools in Quebec, [Page 92] (2)

-all judges in the province to be selected from the bar thereof, [Page 98]

-the use of the name “Lower Canada” in any deed does not invalidate it, [Page 138]

-penitentiary, [Page 141]

-proportion of public debt, revenue and property.- See Public debt, Public Property, Public Revenue, Public Works

-adjustment of debts, assets,&c, Ontario and Quebec, [Page 142].

[Page 202]

QUEBEC, assignment of books and records, [Page 143]

-lieutenant-governor may constitute new townships, by proclamation, [Page 144]. See Amendments, Provincial Constitutions

QUEEN, interpretation of provisions referring to Her Majesty the Queen, [Page 2]

-Her Majesty in council to appoint a day (by proclamation) upon which the union of the provinces shall go into effect, [Page 3]

-executive governments and authority over Canada continues vested in the Queen, [Page 9]

-administered by the Governor General in her name, [Page 10]

-Ottawa named as the seat of government, until otherwise directed by the Queen, [Page 16]

-may, on the recommendation of the Governor General, summon 3 or 6 additional senators, [Pages26,27]

-reservation of bills for the signification of Her Majesty’s pleasure, [Page 55], [Page 57]

-disallowance of bills to which the royal assent has been given by the governor, [Page56].

-Lieutenant-governors of provinces act in the name of the Queen, [Page72], [Page 75], [Page 82]

QUORUM, of the senate, consists of 15 senators, [Page 35],

-of the House of Commons, 20 members, [Page 48]

-of the legislative council, Quebec, (until altered by the legislature), 10 members, [Page 78].

-of the legislative assembly (Ontario and Quebec), 20 members, [Page 48], [Page 87]

R

RAILWAYS, such as connect two provinces, or extend beyond the limits of a province, are under control of parliament, [Page 92] (10, a)

-and such also as are declared to be for the general advantage of Canada, or of two or more provinces, [Page 92] (10, c)

[Page 203]

REFORMATORIES, are under provincial control, [Page 92] (6).

REPRESENTATION IN PARLIAMENT, the number of members from each province prescribed, [Page 37].

-may be proportionately increased, [Page52]

-to be re-adjusted after each decennial census, [Page 51].

RESERVED BILLS, parliament of Canada, Governor General may reserve bills for the signification of the Queen’s pleasure, [Page 55]

-such bills have no force unless within two years, the assent of the Queen in council is announced, [Page 57].

-provincial legislatures, Lieutenant Governor may reserve bills, [Page 55], [Page 90]

-not to have force unless assented to within one year thereafter, [Page 57], [Page 90]

REVENUES, PUBLIC-See Public Revenues

ROYAL ASSENT TO BILLS, parliament of Canada, may be declared by the Governor General, in his discretion, [Page 55]

-copies thereof to be sent to England, may be disallowed within two years, [Page 56].

-provincial legislatures, may be declared by the Lieutenant Governor, [page 55], [Page 90].

-may be disallowed by Governor General in council within one year, [Page 56], [Page 90].

RUPERT’S LAND, admission of, into the union, [Page 146]

S

SABLE ISLAND, under exclusive control of parliament, [Page 91] (9).

SALARIES, of Lieutenant Governors, [Page 60]

-of public officers of the Dominion, [Page 91] (8)

-of provincial officers, [Page 92] (4)

-of judges, [Page 100]

-of Governor General, [Page 105]

[Page 204]

SAVINGS BANKS, under exclusive control of parliament, [Page 91] (16)

SEAL (GREAT) OF THE PROVINCE, those of U and L Canada to be used, until altered by Lieutenant Governors in council (Ontario and Quebec), [Page 136].

SEAT OF GOVERNMENT, of Canada, to be Ottawa, until otherwise directed by the Queen, [page 16]

-of each province; to be as herein named, until otherwise directed by the provincial executive, [Page 68]

SECRETARY AND REGISTRAR, PROVINCIAL, has a seat in the executive council (Ontario and Quebec) [Page 63]

-appointed during pleasure by the Lieutenant Governor, [Page 135].

-his duties and functions, [Pages 134, 135]

SENATE, to consist of 72 members, [Page 21].

-24 to be selected from Ontario, 24 from Quebec, and 24 to be selected from the maritime provinces, [Page 22]

-with 4 additional from Newfoundland, when admitted, [Page 147]

-provision for a proportionate increase of 3, or 6, [Page 26]

-no further appointments to be made until the members are reduced to the normal number, [Page 27]

-the number of senators never to exceed, 78, [Page 28]

-or 82 after admission of Newfoundland, [Page 147]

-qualification of senators, [Page 23]

-mode of summoning qualified persons to the senate, [Pages 24,25].

-any (heretofore) legislative councillor offered a place in the senate, must decide within 30 days, [Page 127].

-oaths of allegiance, and declaration of qualification, [Page 128], (schedule 5).

-a senator hold his seat for life, [Page 29].

-but may resign the same, [Page 30].

[Page 205]

SENATE, or it may become vacant, for certain causes defined, [Page 31]

-vacancies to be filled up by the Governor General, [Page 32]

-questions, respecting qualification, or vacancy, to be decided by the senate, [Page 33].

-speaker to be appointed, from time to time, by the Governor General, from among senators, [Page 34]

-fifteen senators to constitute a quorum, [Page 35]

-questions to be decided by a majority of voices, including the speaker when the voices are equal, the decision is deemed to be in the negative, [Page 36]

-senators are disqualified from sitting in the House of Commons, [Page 39]

SEPARATE SCHOOLS See Education.

SHIPPING, under exclusive control of parliament, [Page 91] (1)

SHORT TITLE OF ACTS, [Page 1]

SOLICITOR GENERAL (QUEBEC), has a seat in the executive council, [Page 63]

-appointed during pleasure, by the Lieutenant Governor, [Page 135]

-his functions and duties, [Pages 134, 135]

SPEAKER OF HOUSE OF COMMONS OR OF LEGISLATIVE ASSEMBLY, to be elected at first sitting, [Page 44].

-and as often as vacancy may occur, [Page 45]

-applied to legislative assembly, [Page 87].

-to preside at all meetings of the House (Commons), [Page 46]

-(legislative assembly), [Page 87].

-in case of absence for 48 hours, a speaker protem, may be elected, (commons),[Page 47]

-(legislative assembly), [Page 87].

-may vote only when the voices are equal (commons), [Page 49].

-(legislative assembly), [Page 87].

[Page 206]

SPEAKER OF LEGISLATIVE COUNCIL, (QUEBEC), appointed from time to time (from among the members) by the Lieutenant Governor, [Page 77].

SPEAKER OF LEGISLATIVE COUNCIL, (QUEBEC), has a seat in the executive council, [Page 63]

-votes as a member only (when the voices are equal, the decision being deemed to be in the negative), [Page 79]

SPEAKER OF SENATE, to be appointed from time to time by the Governor General, from among the senators, [Page 34]

-votes as a senator only (when the voices are equal the decision being deemed to be in the negative, [Page 36].

STEAMSHIPS, international and intercolonial lines of steamers, are under control of parliament, [Page 92] (10, a,b,)

SUPPLY:-See Money votes

T

TAVERN LICENSES, such as are issued for provincial or municipal purposes, are under provincial control, [Page 92] (9)

TAXATION, bills for imposing any tax must originate in the commons, [Page 53]

-or the legislative assembly, [Page 90].

-being first recommended by the Governor General, [Page 54]

-or the Lieutenant Governor, [page 90].

-the raising of money by any system of taxation, is under exclusive control of parliament, [Page 91] (3).

-direct taxation within a province, for provincial purposes is under provincial control, [Page 92] (2).

-public property of Canada not liable to taxation, [Page 125]

TELEGRAPH LINES, such as connect two provinces, or extend beyond the limits of a province, are under control of parliament, [Page 92] (10, a). See also [Page 92] (10,c).

[Page 207]

TIMBER, PUBLIC, is under provincial control, [Page 92] (5)

TOWNSHIPS, may be constituted by proclamation (Quebec), [Page 144]

TRADE AND COMMERCE, under exclusive control of parliament, [Page 91] (2)

TREASON, disqualifies a senator, [Page 31] (4)

TREASURER OF THE PROVINCE, has a seat in the executive council (Ontario and Quebec), [Page 63]

-appointed, during pleasure, by the lieutenant- governor, [Page 134]

-his duties and functions, [Pages 134,135]

U

UNIFORMITY OF LAWS-See Property and Civil Rights

UNION OF THE PROVINCES, to take effect within six months on a day to be appointed by the Queen in council, and to be declared by proclamation, [Page 3]

-“Canada” to be the name of new Dom- inion thereby constituted, [Page 4]

-divided into four provinces, [Page 5].

-limits of each defined, [Pages 6,7]

V

VACANCIES, in the senate, by resignation, [Page 30].

-through some disqualifying cause, [Page 31].

-questions relating thereto to be dealt with by the senate, [Page 33].

-vacancy to be filled up by the Governor General, [Page 32].

-in the house of commons issue of writs in respect thereof, [Page 43].

[Page 208]

VACANCIES, in the office of Speaker, new election to be had (commons), [Page 45].

-(legislative assembly), [Page 87]

-in the legislative council (Quebec), [Page 74].

-questions relating thereto to be dealt with by the legislative council, [Page 76]

-vacancy to be filled up by the Lieutenant Governor, [Page 75]

W

WEIGHTS AND MEASURES, under exclusive control of parliament, [Page 91] (17)

FINIS.

Leave a Reply