British North America Acts and Amendments 1867-1948

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1

BRITISH NORTH AMERICA ACT

AND AMENDMENTS

(TOGETHER WITH PRE~CONFEDERATION STA-
TUTES AND DOCUMENTS, A SHORT HISTORICAL
REVIEW, A CHAPTER ON RESPONSIBLE GOV~
E_RNMENT AND A CHAPTER ON THE YEARS
PRECEDING CONFEDERATION; TOGETHER
ALSO WITH MANY ACTS AND ORDERS IN
COUNCIL RELATING TO CANADA AND ITS
PROVINCES; TO WHICH HAS BEEN ADDED
A NEW PART CONTAINING THE LETTERS
PATENT CONSTITUTING THE OFFICE OF GOV-
ERNOR GENERAL OF CANADA WITH APPEN-
DICES AND ABUNDANT NOTES.)

1867-1948

O’I”I‘AWA
EDMOND CLOUTIER, C.M.G., B A. L.Ph,
KING‘S PRINTER AND CONTROLLER OI“ STATIONERY
IP48

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NOTE

This is a new edition of the “British North America Acts
and Amendments” published by the Kings Printer in 1943.
A new Part I has been added which contains an Historical
Review from 1759 to 1867. In this Review will be found
Extracts from the Capitulations, the Treaty of Paris, the Royal
Proclamation ‘of 1763, the Quebec Act, the Constitutional Act,
1791 and the Union Act, 1840. In this year of the centenary
of the establishment of Responsible Government in Canada a
number of pages are given to a study of the latter subject as
well as to reviewing the years preceding Confederation with a
summary of‘ the main provisions of the British North America
Act, 1867. At the end of Part I will be found also the Quebec
and London resolutions which preceded the enactment of the
British North America Act, 1867.

Part II contains the British North America Act 1867 as
amended. The Statute Law Revision Acts of 1893 and 1927
are included among the Acts of the United Kingdom as well as
the British North America Acts of 1871, 1886, 1907, 1915, 1916,
1927, 1930, 1940, 1943 and 1946. The Statute of Westminster,
1931, is reprinted with numerous and lengthy notes.

Part III contains Imperial Orders in Council, Part IV Acts
of the Parliament of Canada which affect the relations of
Canada and its provinces and Part V Canadian legislation
relating to federal constitutional matters.

Part VI contains the Letters Patent constituting the oifice
of Governor General of Canada with Appendices and abundant
notes.

All this material has been brought together, selected and
annotated by Dr. Maurice Ollivier, K.C., F.R.S.C., Joint Law
Clerk of the House of Commons, for the convenience of parlia-
mentarians, civil scrvants, and more specially for the benefit
of students of the Canadian constitution.

EDMOND CLOUTIER,
K ing’s Printer.

uary 1523, 1.949.

1S955—1§

3.1331548

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TABLE OF CONTENTS

PART I

HISTORICAL REVIEW WITH PRE-CONFEDERATION
STATUTES AND DOCUMENTS

The Capitulations and the Military Regime: 1759-1763. . . . . . . . . . . . . . . . . . . . . . .
The Treaty of Paris, 1763 , . . . . . . . . . . . , . . . . . . . . . . . . , . . . . .
The Royal Proclamation, 1763 . . . . . . . . . . . . . . . . . . , . . . . .
The Quebec Act, 1774 . . . . . . . . .
The Constitutional Act, 1791. I .
The Union Act, 1840 . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . .‘ . . . . . . . . . . . . . . . .
Responsible Government . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The years preceding Confederation . . . . . . . . . . . . . . . l . . . . .
The British North America Act (Nature and Summary) . .
The Colonial Laws Validity Act , . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .
Quebec Resolutions. .
London Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .‘ . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II

BRITISH NORTH AMERICA ACTS AND OTHER
ACTS OF THE U.K.

The British North America Act, 1867.
Rupert’s Land Act, 1868 . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . , . . . . . . . . . . . . . . .
The British North America Act, 1871 (Establishment of Provinces, Validating
Cnnadian Acts) . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .
The Parliament of Canada Act, 1875 (Validating Oaths Act) . . . . . .
The British North America Act, 1886 (Representation of Territories)
The Canada (Ontario Boundary) Act, 1889 . . . . . . . . . . . . . . . . . . . . .
The Statute Law Revision Act,‘l893 . . . . . . . . . . . . . . . . . . . 1 .
The Canadian Speaker (Appointment of Deputy) Act, 1895.
The British North America Act, 1907 (Provincial subsidies). . .
The British North America Act, 1915 (Alteration of the constitution of the Senate)
The British North America Act, 1916 (Extension of twelfth Parliaxneut) . . . . . . . . . .
The Statute Law Revision Act, 1927 . . . . . I I . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .
The British North America Act, 1930 (Agreemenm with Western Provinces) . . . . . .
The British North America Act, 1940 (Unemployment Insurance) . . . . . . . . . . . . .
The British North America Act, 1943 (Readjustment of representation)
The British North America Act, 1946 (Readjustment of representation) . . .
The Statute of Westminster, 1931 . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . I . . . .

PART III
IMPERIAL ORDERS IN COUNCIL

Her Mcjesty’s Order in Council admitting Rupert’s Iand and the Northwest

Territory . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . .
Her Majesty’s Order in Counci admitting ritish Columbia. . . .
Her Majesty’s Order in Council admitting Prince Edward Island. .
Her Majcsty’s Order in Council annexing Islands and Territories . . . . . . . . . .

5

TABLE OF CONTENTS——Continued
PART IV
ACTS OF CANADA
(Relating to Prom’7w1’a,l Matters )
GENERAL

The North—West Territories Act of 1869 . r , . . . , . . . . . . . . . . . . .
The Manitoba Act, 1870* . . . . . . . . , . . . . . . . . . .

The Manitoba Supplementary Provisions Act (R.S., 1927, c. 24) 186
The Alberta Act (1905) . . . . . . . . . . . . . . . . . . . . . . . , i . . . , i . . . . 194
The Saskatchewan Act (1905) 210
The P.E.I. Subsidy Act, 1912. . 225

The Provincial Subsidies Act (R.S., 1927,e. 192) . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . 226

The Dominion—Provincial Taxation Agreement Act, 1942 231
The Maritime Provinces additional subsidies Act, 1942 . . . , . , . . . . 234
The Dominion Alberta Supplementary Taxation Agreement Act, 19 5. . . . 236
The Dominion Provincial Tax Rental Agreements Act, 1947 . . . . . . . . . . . . . . . . . . . . 238
novnnsnnss
The Ontario Boundaries Extension Act (1912). 246
The Quebec Boundaries Extension Act, 1912. . . . 248
The Quebec Boundaries Extension Act, 1912 Amendment Act. 250
The Manitoba Boundaries Extension Act, 1912 . . . . . . . . . . . . . 251
The Manitoba Boundaries Extension Act, 1930. . . . . . , . . 255
The Alberta-British Columbia Boundary Act, 1932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
NATURAL msounoss

The Alberta Natural Resources Act, 1930 i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
The Alberta Natural Resources Act, No. 2 (1931). . . . . 270
The Natural Resources Transfer (Amendment) Act, 1941 . i . . . . . . . . . . . . . . . . . . . . . 272
The Alberta Naizural Resources Transfer (Amendment) Act. 1945 . . . . . . .~ . . . . . . . . . 276
The Railway Belt and Peace River Block Act (1930) . . . . . . . . . . . . . 286
The Manitoba Natural Resources Act (1930) . . . . . . . . . . . . . . . . . . 295
The Manitoba Natural Resources Transfer (Amendment) Act, 1948 307
The Saskatchewan Natural Resources Act (1930) . . . . . . . . . . . . . . 311
The Saskatchewan Natural Resources Act, No. 2 (1931), 320
The Saskatchewan Natural Resources Act, N o. 3 . . . . 1 . 322
The Refunds (Natural Resources) Act (1932) . . . . r . . i 1 . 325
The Natural Resources T1’nnsi’er (Amendment) Act, 1938 326

MARRIAGE AND nrvoncr:
The Marriage and Divorce Act (R.S., 1927, e. 127) . . . . . . . . , . . . . . . . . . . . . . . . . . . . 335

amendment of 1932 (chapter 10) . . . . , . . . . . 336
The Divorce Act (Ontario), 1930 . . . . . . . . . . . . . . . . . . . . , . . . . . . . . 337
The Divorce Jurisdiction Act, 1930 . . . . . . . . . . . . , . . . . . . . . . . . . . . . 338
The British Columbia Divorce Appeals Act (1937) . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 339

*Sec at ag:184 “Memorandum on law in federal matters in Manitoba prior to 1888″
by Mr. J. ‘ yne, K.C.

-x

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7
TABLE OF CONTENTS———Conc1uded

PART V

ACTS OF CANADA
(Relating to Federal Constitutional M alters )

Succession to the Throne (1937). . . . . . . .

Demxse of the Crown Act (R.S., 1927, e. 46)

Governor Gencm1’s Act (R.S., 1927, c. 85)

Senate and House of Commons Act (RS., 1927, t: 147)

The Speaker of the Senate Act (R.S., 1927, c. 149).

The Speaker of the House of Commons Act (R S., 1927, (2 14-8)
House of Commons Act (R.S., 1927, c. 145).

Oaths of Allegxance Act (R.S., 1927, c. 143)

The Royal Style and Tmles Act (Canada), 1947

Extra~temtormI Act, 1933 . . . . . . . . . . . . . . .

The Cunadxan Cmzcnship Act: (1946)

The War Measures Act (RS. 1927, c. 206)

The National Emergency Transitmnal Powers Act, 1945 (as amended)
The Contuumtlon of Transitional Measures Act, 1947 (as amended) ,.
The Forexgn Enlistment Act, 1937 . . . . . . . . . 4 . . . .

The Vlsitmg Forces (Brmsh Commonwealth) Act, 1933

The Vxsxtmg Forces (United Statues of Amencn) Act. (1947)

The Official Secrets Act (1939). . . .

The Seals Act, 1939 ..

PART VI

LETTERS PATENT CONSTITUTING THE OFFICE OF
GOVERNOR GENERAL OF CANADA

Letters Patent efieetlvc October 1, 1947 . . . . . .

APPENDICES

A. Letters Pulxant dated March 23, 1931
B4 Roya.1Instructious dated March 23, 1931.. . . . . 7 . . . . . . . . . .
C. Letters Patent dated September 25, 1935 amendmg the Letters Put/eat dated

March 23, 1931.

427

432

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PART I

HISTORICAL REVIEW

WITH PRE—CONFEDERA’I‘ION
STATUTES AND DOCUMENTS

1759-1866

18955 2

TABLE OF CONTENTS OF
PART I

HISTORICAL REVIEW WITH PRE~CONFERATION
STATUTES AND DOCUMENTS

The Czipitulutioii and the Military Regime: 1759-1763 , . . . . . . . . . . . . . . . . . . . . . . . .
The Treaty of Paris, 1763 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Royal Procbimation, 1763 .
The Quebec Act, 1774 . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . .
The Constitutional Act, 1791 . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . , . . . . . .
The Union Act, 1840 . . . . . . . . . . . . . . . . . . . . l . . . . . . . . . . . . . . . . . . . . . . . . .
Responsible Government . . . . . . , . . . . . . . . l . . . . l . . . . , , . . , . . . . . . . . . , . . . . . . . . . . .

,, . . . . . l ..

The years preceding Confederation . . . . . . . . . . . . . . . . . . . . _ , . . . . . . . . . l . . . . . . . . . . .

The B.l\’.A. Act (Nature and Summary) . . . . _ . . . . . A . . . . . . . . . , . . . i . . . . , . . . . . . . . . .

The Colonial Laws Validity Act, 1865 . . . . . , . . . . . . . . . , l . . , , . . . . . . , , . , , . . . . . . . .

The Quebec Resolutions, 1864 . . l . , . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . .

The London Resolutions, 1866 . . . l . . . l . . . , . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . .

l’.\<:E

HISTORICAL REVIEW WITH
PRE~CONFEDERATION STATUTES
AND DOCUMENTS

THE CAPITULATIONS AND THE
MILITARY REGIME: 1759-1763

Canada became a colonial possession of Great Britain by
the oapitulations of Quebec (September 18, 1759) and of
Montreal (September 8, 1760). (1). By these proclamations,
the inhabitants of the colony were given certain restricted
privileges, amongst others, the free exercise of their religion and
were submitted to a tolerant military regime. The Governor,
whenever possible to do so, did not fail, to rule according to the
laws and customs of the inhabitants.

It is unnecessary to transcribe in this book the articles of
the Capitulations except the following:

Article 6 of the Capitulation of Quebec.

De Ramsa. the Kin ’s Lieutenant had demanded:
Y: 8
“G. T1haltl.{l;)lie excrcégc ofdthe (iatlfilolic, .%postoldic aEdHR§maii religion
s a e main inc ‘ an t at saeguar s s a e gran .e o
the houses of the clergy and to the monasteries, particularly
to his1Lordsl1_ip1tl;e Bishgp ofh Quebec, vvlfio; andimeted gvith zcézl
or re igion an ciarity or t e people 0 is iocese esires ‘0
refiidlel in it Iconstantlygdto} exercisel frfiely and that deizency
w ie llS ciaractet an tie seen: 0 ioeso t e omen re igion
require, his episcopal Authority in the town of Quebec, whenever
he shall think proper, until the possession of Canada shall be
fit-iderl by;’a treaty between their most Christian and Britannia
ajesties.
The demand was granted in the following terms:
“The free exercise of the Roman religion is granted; likewise
safiegufirdlsbto allhilgigious persons,dea well asfto lthe Iiishoa;
W o s a e at ‘ rty to come on exercise mcy an xvi
decency, the functions of his oflice, whenever he shall think
proper, until the possession of Canada shall have been decided
between their Britannia and Most Christian Majcsties.”

In the Capitulation of Montreal.

Article 27, as proposed and as accepted read as follows :—
(a) AS PROPOSED—

“27. The free exercise of the Catholic, Apostolic and Roman
religion shall subsist entire, in such manner that all the states and
the people of the towns and countries, places and distant posts,
shall continue to assenfble in the churches and to frequent the
sacrements as heretofore, without being molested in any znanner,
directly or indirectly. These people shall be obliged by the English
government to pay their priests the tithes and all the taxes they
were used to pay under the government of His Most Christian
Majesty.”

(17) AS GRAI\‘TED—

“Granted as to the free exercise of their relifiion; the obligation

of paying the tithes to the priesm will depend on t e King’s pleasure.”

(1) “French colonial possessions on the North American continent only gradually
passed under the British flag and the introduction of Bfitisli institutions was
equally gradual. (Nova Seotia. in 1713, Cape Breton in 1758, Citadel and district
of Quebec in 1759, the remaining French possessions in 1760)”, W. P. M. Kennedy.
The Constitution of Canada, 1534-1937, p. 25.

1 I
18955-——25

12

Article 28 was granted as proposed, viz.——

“28. The Chapter, priests, curates and Missionaries shall
continue, with an entire liberty, their exercise and functions of
cures in the parishes of the towns and countries.”

“All the communities, and all the priests, shall preserve their
moveables, the property and revenues of the Seignories and other
estates which they possess in the colony of what nature soevcr
they be; and the same estates shall be preserved in their privilegw,
rights, honours and exemptions.”

Article 37 (which was granted as to the property of com-

panies and private persons, but subject so that if the French
Sovereign “has any share in it, that must become the property
of the King” of Great Britain), was as follows :—

“37. The Lords of Manors, the Military and Civil Officers, the
Canadians as well in the towns as in the country, the French,
settled or trading in the whole extent of the colony of Canada, and
all other persons whatsoever, shall preserve the entire peaceable
property and possession of the goods, noble and ignoble moveable
and immoveable, merchandises, furs, and other effects, even their
ships; they shall not he touched, nor the least damage done to
them, on any pretence whatever. They shall have liberty to keep,
let or sell them, as well to the French as to the British; to take
away the produce of them in bills of exchange, furs, specie or other
returns, whenever the shall judge proper to go to France, paying
their freights, as in the twenty-sixth Article” (viz. ‘on the same
footing as the British would pay it’). “They shall also have the
fins which are in the posts above, and which belong to them, and
may be on the way to Montreal; and for this purpose they shall
have leave to send, this year or the next, canoes fitted out to fetch
such of the said furs as shall have remained in those posts.”

Article 41, was proposed as follows :——

“4l. The French, Canadians and Acadians, of what state and
condition soever, who shall remain in the colony, shall not be
forced to take arms against his Most Christian Majesty or his
allies, directly or indirectly, on any occasion whatsoever; the
British Government shall only require of them an exact neutrality.”

The proposal was answered as follows :~—
“They become subjects of the King.”

Article 42, was proposed as follows :—

“42. The French and Canadians shall continue to be governed
according to the custom of Paris and the laws and usages established
for this country, and they shall not be subject to any imposts
than those which were established under the French Dominions.”

The proposal was answered as follows:——

“Answered by the precedin articles, and articulnrly by the
last.” (The answers to ‘the greeeding articlgs’ are these—~To
Article 38-—~‘The King is to dispose of his ancient subjects‘; (the
Acaclians) ‘in the meantime they shall enjoy the same rivileges
as the Canadians,’ and Article 41~”l.‘hey become the sugjects of
the King.’ In the result, therefore, the future legal system of
Canada was left‘ where by English law it was,—in the hands of the
conquering sovereign of England, to leave it as he found it or to
change it at his will, but so that at least with relation to matters
as between subject and subject, the ancient laws of the colony
continued to apply to the King’s new Bfitish subjects until the
‘King’s will with respect to them should be expressed.)

Article 46 was proposed and granted as follows z——

‘’46. The inhabitants and merchants shall enjoy all the privileges
of trade, under the same favours and conditions granted to the
subjects of His Britannia Majesty, as well in the countries above
as the interior of the colony.”

4 __..i_.c(..

.t_¢.

THE TREATY OF PARIS
(February 10th, 1763)

By the Peace Treaty which was signed at the conclusion of
the Seven Years’ War the French possessions of North America
were formally ceded to Great Britain. The Treaty which was
concluded between His Britannia Majesty, the King of France
and the King of Spain confirmed in Article 4 the liberty of the
Catholic religion and the rights of the inhabitants as to their

property.

“4-. His Most Christian Majesty renounccs all pretensions which he has
heretofore formed or might have formed to Nova Scotia or Acadie
in all its parts and guaranties the whole to it, and with all its
dependencies, to the King of Great Britain: Moreover his Most
Christian Majesty ccdes and guaranties to his said l3ritannick
Majesty, in full right, Canada, with all its dependencies, as well as
the Island of Cape Breton and all the other islands and coasts in
the gulph and river of St. Lawrence, and, in general, everything
that depends on the said countries, lands, islands and coasts, with
the sovereignty, property, possession and all rights acquired by
treaty or otherwise, which the Most Christian King and the Crown
of France have had till now over the said countries, lands, islands,
places, coasts and their inhabitants. . . . His Britannick Majesty
on his side, agrees to grant the liberty of the Catholic]: religion to
the inhabitants of Canada: he will in consequence give the most
precise and most efiectual orders that his new Roman Catholic]:
subjects may profess the worship of their religion according to the
rites of the Roinish Church, as far as the laws of Great Britain
permit. His Britannick Majesty farther agrees, that the French
inhabitants or other who had been subjects of the Most Christian
King in Canada, may retire with all safety and Freedom whenever
they shall think proper, and may sell‘ their estates, provided it he
to the subjects of his Britannicl: Majesty, and bring away their
effects as well as their persons without being restrained in their
emigration, under any pretence whatsoever‘, except that of debts
or of criminal prosecutions. The term limited for this emigration
shall be fixed to the space of eighteen months. to be computed from
the day of the exchange of the ratification of the present treaty.”(’)

THE ROYAL PROCLAMATION
(7th October, 1763)

This Proclamation which abolished French law in Canada
“gave Quebec its first civil govei-nment under British ru1e”(3)
It established four new distinct and separate Governments of
which only one was in Canada, that of Quebec.”(“) The
proclamation further refers to an administrative outline as
follows:

. “And whereas it will greatly contribute to the speedy settling our
said new Governments, that our loving subjects should be informed of
our Paternal care, for the security of the Liberties and Properties of
those who are and shall become Inhabitants thereof, We have thought
fit to ublish and declare, by this Our Proclamation, that We have,
in the otters Patent under our Great Seal of Great Britain, by which

(3) By Article 20 of the same treaty the King of Franco cedcs and guarantees in
(gill right to his Brit:innic Majesty “l*‘loi-idu. with Fort St. Augustin and the Bay of
1 ensacola, as well as all that Spain possesses on the continent of North America to
the East 01″f»0‘th0_South East of the River Mississippi.” His Britannia Majesty
glgreefi, on his aide, in precisely the same terms as those of Article 4._to grant to the
inhabitants of the countries so ceded the liberty of the Catholic religion and
precisely the same rights as to their property and as to their removal.

(1) Kennedy, The Canatitution of Canada, 1:. 33.

(-1) The proclamation recites the fact of the annexation of the Islands of St.-John’s
fwd C0179 BFGV311 (Or 1516 Royals) to the Government of Nova Scotia.

13

14

the said Governments are constituted, given express Power and Direction
to our Governors of our Said Colonies respectively, that so soon as the
state and circumstances of the said Colonies will admit thereof, they
shall, with the Advice and Consent of the Members of our Council,
summon and call General Assemblies within the said Governments
respectively in such Manner and Form as is used and directed in those
Colonies and Provinces in America which are under ourimincdiate Govern-
ment,’ and We have also given Power to the said Governors, with the
consent of our Said Councils, and the Representatives of the People,
so to be summoned as aforesaid, to make, constitute, and ordain Laws
Statutes, and Ordinances for the Public Peace, Welfare and good
Government of our said Colonies, and of the People and Inhabitants
thereof, as near as may be agreeable to the Laws of England, and under
such Regulations and restrictions as are used in other Colonies; and in
the mean time, and until such Assemblies can be called as aforesaid,
all Poisons Inliabiting in or resorting to our Said Colonies may confide
in our Royal Protection for the Enjoyment of the Benefit of the Laws
of our Realm of England; for which Purpose We have given Power
under our Great Seal to the Goveinors of our said Colonies respectively
to erect and constitute, with the Advice of our said Councils respectively,
Courts of Judicature and public Justice within our said Colonies for
hearing and deterinining all Causes, as well Criminal as Civil, according
to Law and Egiiity, and as near as may be agreeable to the Laws of
England, with ibcrty to all Persons who may think themselves aggrieved
by the Sentences of such Courts, in all Civil Cases, to a peal, under the
usual Limitations and Restrictions, to Us in our Privy ,ounciI.”(“)

The doctrine recognized and admitted at that period is
better suiiimari.zed by an eminent constitutional authority(‘‘)
who writes:

“As the conqueror was not bound in international law even to
spare the lives of those who were overcome by him, so he need not
accord them any civil rights whatever, and what he did accord
was his to grant and to take away. Thence followed the doctrine
that the Crown has uncoiitroled legislative authority over the
conquered or ceded Colony.”

The application of the above principles had caused the
Proclamation not only to substitute the common law of England
to the Coutume de Paris, which had been in force in the Colony
but also to create courts where English was to be the only
official language. The Royal Instructions to Governor Murray
which followed two months later instructed him to nominate
and cstablish a Council which was to meet when deemed
necessary and expedient and on the advice of the Council to
summon and call a. General Assembly.

As the membe1‘s of the Council and assembly had to
subscribe the Declaration in the “Act for preventing Dangers
which may happen from Popisli Recusaiits” no Assembly was
called during that period. This however had been expected
and explained the following contradictions in the Instructions.

“11. And whereas it is directed, by Our Commission to You under
Our Great Seal, that so soon as the Situation and Circumstances of Our
said Province will admit thereof, you shall, with the Advice of Our

(s) lt was most unfortunate (or the Colony of Quebec, that weak, ignorant, and
interested Men, were sent over to carry the lfroclamution into Execution, who
evpounded it in the most absurd Manner, oppressive and cruel to the last Degree to
the Subjects, and entirely contrary to the‘ Royal Intention. (The Earl of
Hillsborough, Secretary of State for the Colonies, to Carleton, March 6th, 1163.)

(4) Keith, Responsible Government in the Dominion, Vol. 1, p. 2.

Council, summon and call a General Assembly of the Frecholders‘in
Our said Province; You are therefore, as soon as the more pressing
Affairs of Government will allow to give all possible attention to the
carrying this important Object into Execution: But as it may he
impracticable for the present to form such an Establishment, YOU {lI'<3
‘in the mean time to make such Rules and Regulations, by the Advice
of Our said Council, as shall appear to be necessary for the Peace, Order
and good Government of Our said Province”.

“28. And whereas We have stipulated, by the late Definitive Treaty
of Peace concluded at Paris the 10th Day of February, 1763 to grant
the Liberty of the Catholic]: Religion to the Inhabitants of Canada,
and‘ that We will consequently give the most precise and most ciiectual
Orders, that Our new Roman Catholick Subjects in that Province may

rofess the Worship of their Religion according to the Rites of the
omish Church, as far as the Laws of direct Britain per-init;. It is there-
fore Our will and Pleasure, that you do, in all things regarding the said
Inhabitants, conform with great Exactness to the Stipulations of the

. said Treaty in this respect. ‘ ~

“29. You are, as soon as possible, to summon the Inhabitants to
meet together, at such Time or Times, Place or Places, as you shall
find most convenient, in order to take the Oath of Allegiance, and make
and subscribe the Declaration of Abjuration mentioned in the aforesaid
Act passed in the first Year of the Reign of King George the First, for
the further Sccurit of His Majesty’s Person and Government, and the
Succession of the rown in the Heirs of the Late Princess Sophia, being
Protestants, and for extinguishing the Hopes of the Pretended Prince
of Wales, and his open and secret Abetters; which Oath shall be
administered to them by such Person or Persons as you shall com~
missionate for such Purpose; and in case any of the said French
Inhabitants shall refuse to take the said Oath, and make and subscribe
the Declaration of Ahjuration, as aforesaid, You are to cause them
forthwith to depart out of Our said Govemment.”(7)

The civil government instituted by the Royal Proclamation
of 1763 and confirmed by Murray’s instructions in the same
year was not very satisfactory. As stated eleven years later
when the Quebec Act was passed by the Imperial House of
Commons: “If the proclamation is to be considered as importing
English laws into a country already settled, I take it to be an
act of the grossest and absurdest and cruellest tyranny that a
conquering nation ever practised over a conquered country.
Look back to every page of history, and I defy you to produce
a single instance in which a. conqueror attempted to take away
from a conquered province, by one rough stroke, the whole of
their constitution.”

The Law Oiiicers of the Crown in England had been of the

same opinion in 1766 when they reported that it seemed an
absurdity to attempt the administration of justice in Canada

(7) In 1760 the Lords of the Coininittee 0! Council for Plantation Affairs secured
tlrejoint advice of the Attorney-General and the Solicitor General concerning the
Civil Goverimpnt of Quebec. It was evident, the latter reported, that there Were
two principal sources oi disorder. One was the attempt to iidminister justice
without the aid of the Cnnodiaiis in on unknown tongue, with neither Canadian
advocates nor Canadian jurors, even in causes between Canadians only, nor judges
conversant with the French language. The second source of disorder was:

“the alarm taken at the construction put upon ‘His Maicsty’s Proclamation of

_October 7th, 1763. As if it were His Royal Intentions by His Judges and Officers

in that country at once to abolish all the usages and customs of Canada, with

the rough hand of the conqueror rather than vfith the true spirit of II. lawful

Sovereign, and not so mu ch as to extend the protection and Benefit of His English

Lows to his new subjects, by securing their Lives, Liberty and Properties with

more certainty than in for-iner times. as to impose new, unnecessary and arbitrary

Rules, especially in the Titles to Land, and in the modes of Descent, Alienation,

and Settlement, which tend to confound and subvert rights instead of supporting

them.” (W. l‘ . O’Cuunor—-Report to the Speaker of the Senate by the Parliamentary

Counsel, e(c.”, pages 10 and 11 of Annex 4.)

15

16

in an unknown tongue and without the aid of Canadians and
“at once to abolish all the usages and customs of Canada with
the rough hand of the conqueror.”

We have explained Why no General assembly, as recom-
mended by the Instructions to Governor Murray, was ever
summoned during the period preceding the Quebec Act of 1774,
which also explains the chaotic conditions in existence during
the same period. The position was to be entirely changed by
the adoption of the Quebec Act 1774. _

THE QUEBEC ACT, 1774
(EXTRACTS)

And whereas the Provisions, made by the said Proclamation, in
respect to the Civil Government of the said Province of Quebec, and the
Powers and Authorities given to the Governor and other Civil Officers
of the said Province, by the Grants and Commissions issued in conse~

ucnce thereof, have been found, upon Experience to be ina plicable to
t e State and Circumstances of the said Province the lnhabitenits
whereof amounted, at the Conquest, to above Sixty-five thousand Per-
sons professing the Religion of the Church of Rome, and enjoying an
established Form of Constitution and System of Laws, by which their
Persons and Property have been protected, overned, and ordered, for
a long Series of Years, from the first Establis imont of the said Province
of Canada; be it therefore further enacted by the Authority aforesaid,
That the said Proclamation, so far as the same relates to the said Province
of Quebec, and the Commission under the Authority whereof the Govern-
ment of the said Province is at present administered, and all and every
the Ordinance and Ordinances made by the Governor and Council of
Quebec for the Time being, relative to the Civil Government and Admin-
istration of Justice in the said Province, and all Commissions to Judges
and other Oificers thereof, be, and the some are hereby revoked, annulled
and made void, from and after the First Day of May, One thousand
seven hundred and seventy-five. (5)

And, for the more perfect Security and Ease of the Minds of the
Inhabitants of the said Province, it is hereby declared, That His
Majesty’s Subjects, professing the Religion of the Church of Rome, of
and in the said Province of Quebec, may have, hold, and enjoy, the free
Exercise of the Religion of the Church of Rome, subject to the King’s
Supremacy, declared and established by an Act, made in the First
Year of the Reign of Queen Elizabeth, over, all the Dominions and
Countries which then did, or thereafter should, belong to the Imperial
Crown of this Realm‘ and that the Clergy of the said Church may hold,
receive, and enjoy, their accustomed Dues and Rights, with respect to
such Persons only as shall profess the said Religion.(”)

Provided always, and be it enacted, That no Poison, professing the
Religion of the Church of Rome, and residinfi in the said Province,
shall be obliged to take the Oath required by t c said Statutc.(‘°)

And be it further enacted by the Authority aforesaid, That all His
Majesty’s Canadian Subjects, within the Province of Quebec, the
religious Orders and Communities only excepted, may also hold and
enjoy their Property and Possessions, together with all Customs and
Usafies relative thereto, and all other their Civil Rights, in as large,
amp c, and beneficial Manner, as if the said Proclamation, Commissions,
Ordinances, and other Acts and Instruments had not been made, and
as may consist with their Allegiance to His Majesty, and Subjection

(3) This section had the effect of rendering null and void the former provisions
of the civil laws of England which had been imposed by tho proclamations of 1763
in violation of the terms of the capitulutions.

(V) This section authorized the inhabitants of Quebec to practise the Catholic
reli ion subject to the King’s supremacy and sanctioned the right of the Roman
Cat olic Clergy to impose and collect tithes.

(10) This provision substituted for Roman Catholics a new form of Oath for the
Test Oath previously imposed upon them.

»,

I,

I4

1 to the Crown and Parliament of Great Britain; and that in all Matters
of Controversy relative to Property and Civil Rights, Resort shall be had
to the Laws o Canada, as the Rule for the Decision of the samc.(“)

And whereas the Certainty and Lenity of the Criminal Law of
‘ England, and the Benefits and Advantages resulting from the use of it,
have been sensibly felt by the Inhabitants, from an Experience of more
than Nine Years, during which it has been uniformly administered;
V be it therefore further enacted by the Authorit aforesaid, That the same
_ shall continue to be administered, and shall c observed as Law in the
Province of Quebec, as well in the Description and Quality of the

Ofienco as in the Method of Prosecution and Trial.(”)

‘ And whereas it may be necessary to ordain many Regulations for
_1: the future Welfare and good Government of the Province of Quebec,
the Occasions of which cannot now be foreseen nor, without much
Delay and Inconvenience, be provided for, without intrusting that

‘ Authority fora certain Time, and u.nder proper Rcstrictions,_to Persons
resident t ere: And whereas it is at present inexpcdient to call an
~ Assembly; be it therefore enacted by the Authority aforesaid, That it

shall and may be lawful for His Majesty, His Heirs and Successors, by
Warrant under His or Their Signet or Sign Manual, and with the Advice
of the Privy Council to constitute and ap oint a Council for the Alfaiis
of the Province of Quebec, to consist oipsuch Persons resident there,
not exceeding Twenty-three, nor less than Seventeen, as His Majesty,
His Heirs and Successors, shall be pleased to appoint.(“)

The Quebec Act, although it did not institute responsible
* or even representative government was considered by Canadians
as the first charter of their liberties and for their liberties and
for this reason, as stated by Governor Haldirnand, its passing
prevented Canada from becoming a thirteenth state of the
Union after the breaking out of hostilities between England
‘ and the American Colonies. (14)

We have seen, in the Extracts quoted above, the main
provisions of the Act. Those of course, although satisfactory
on the whole to Frencl1—Canadians did not satisfy the United
Empire Loyalists who were already clamouring for representa~
tive institutions.

– Another oficct of the Quebec Act was to extend the territory
of the provinces to the frontiers of New-England, to Pennsylvania,
A to the province of New-York, then to the Ohio and to the left

lfiank of the Mississippi and then to the territory of the Hudson
\. ay.

THE CONSTITUTIONAL ACT, 1791

u
_ The Act rcpeals so much of the Quebec Act, 1774.
” “As in any manner relates to the appointment of a council
for the affairs of the said province of Quebec, or to the power ‘ven
. by the said Act to the said council, or to the major part of t em,

to make ordinances for the peace, welfare and good government of
the said province, with the consent of His Majesty’s Governor,
LieutenanfrGovernor, or Commander in Chief for the time being.”

(*1) This section confirmed His Majesty’s Canadian Subjects in the enjoyment
of their possessions and continued in existence the Canadian laws as to property.
(*7) Provides that the criminal law system shall be that oi England.
. _(“) Creates a Crown nominated Legislative Council with authority to make
ordinances for the peace, order and welfare of the province.
‘ 1‘) See _Pr_obIems of Canmlfan Szmcregnty by Maurice Ollivier, at p. 13 et seq.
(Wit permission of Canada Law Book 0. Toronto.)

17

18

Section II reads as follows: –

“And whereas His Majesty has been pleased to signify, by his
message to both Houses of Parliament, his Ro al intention to
divide his Province of Quebec into two separate ‘lf,’rovinccs, to be
called the Province of Upper Canada and the Province of Lower
Canada;(1°) Be it enacted by the authority aforesaid. that there
shall be within each of the said Provinces respectively a Legislative
Council and an Assembly, to be severally composed and constituted
in the manner hereinafter described; and that in each of the said
Provinces respectively, His Majesty, His I-Ieirs, and Successors,
shall have power during the continuance of this Act, by and with
the advice and consent of the Legislative Council and Assembly
of such Provinces respectively, to make laws for the peace, welfare
and cod Government thereof, such laws not being repugnant to
this ct; and that all such laws being passed by the Legislative
Council and Assembly of either of the said Provinces respectively,
and assented to by His Majesty, His I-Icirs or Successors, or assented
to in His Majesty’s name by such person as His Mnjcst , His Heirs
or Successors, shall from time to time appoint to be t e Governor
or Lieutenant-Governor of such Province, or by such person as
His Majesty, His Heirs or Successors, shall from time to time
appoint to administer the Government within the same, shall be,
and the same are hereby declared to be, by virtue of and under
this Act, valid and binding, to all intents and purposes whatever,
within the Province in which the same shall have been so passed.(“’)

Section XXXIII is as follows:

“And be it further enacted by the authority aforesaid, that all
laws, statutes, and ordinances which shall be in force on the day
to be fixed in the manner herein after directed for the commencc~
ment of this Act, within the said Provinces, or either of them, or
in any part thereof respectively, shall remain and continue to be
of the same force, authority, and eflect in each of the said Provinces
respectively as if this Act had not been made, and as if the said
Province of Quebec had not been divided; except in so far as the
same are expressly repealed or varied by this Act, or in so far as
the same shall or may hereafter by virtue of and under the authority
of this Act be repealed or varied by His Majesty, his heirs, or
successors, by and with the consent of the Legislative Councils
and Assemblies of the said Provinrm respectively, or in so far as
the some may be repealed or varied by such temporary laws or
ordinances as may be made in the manner hereinafter specificd”.(“)

The years 1791 to 1840 cover the period of transition
between the absolute regime and responsible government.
It is the period of representative government. Even representa-
tive governinent however was granted reluctantly. In 1789 in
a well known document of the Colonial Oflice it is noted that
this is the first step which will lead eventually to complete
political separation and to independence.

The document reads:

“The establishment of the separate and local Legislature in a
distant province, under any form or model which can be adopted
for the purpose, leads so evidently to habitual notions of a distinct
interest, and to the existence of a virtual iudelpcndence as to many
of the most important points of Government, t mat it seems naturally
to prepare the way for an entire separation whenever other
circumstances shall bring it forward”.

(Hi) This intention was carried out by an order in council dated 24th August, 1791.

(*5) This section therefore provides for 8 Legislative Council and :1 Legislative
Assembly to be constituted within each of the intonrlod provinces, by whose mlvice
His Majesty may make laws for the government of the province.

(*7) This section states that the laws in force at the com menceinert of the Act
shall continue so until repealed or varied by the legislatures of each province,

9

* J1

The Constitutional Act of 1791 divided Canada into
Upper and Lower Canada, giving to each separate parlia~
mentary institutions as we have seen by section II quoted above.
The governor had a right of veto and could give or withhold
His Majesty’s assent to bills or reserve them for His Majesty’s
pleasure. (section XXX).

In many ways, the imperial parliament constituted a
central authority such as now devolves to the federal parliament.
Thus it would impose and levy navigation and commercial
clues between the provinces or between a province and a foreign
country.

As to the civil servants they were all appointed by the
Crown which naturally resulted in the creation.of a very
objectionable and irresponsible bureaucracy. After the troubles
of 183738 which belong; to history and need not be studied in
this legal summary, Lord Durham was appointed by Royal
Commission governongencral and high commissioner with ‘in-
structions to report on the best form of government that should
be granted to the colony.

The report is a remarkable document well known and
often quoted. It will be suflicient for our purpose to state
that Lord Durham had a broad vision of an autonomous country
where liberty would create loyalty and where good~will, rather
than force, would bring about peace. His conclusion was that
responsible government should be granted to the Canadas:
“I am of opinion, that the full establishment of responsible
government can only be permanently secured by giving these
Colonies an increased importance in the policies of the Empire.”
——“The Governor, as the representative of the Crown, should
be instructed that he must carry on his government by heads
of departments, in whom the united Legislature shall repose

= confidence, and that he must look for no support from home

in any contest with the legislature, except on points involving
strictly Imperial interests.” (18)

THE UNION ACT, 1840
(3 and 4, Victoria, c. 35.)

An Act to re-unite the Provinces of Upper and Lower
Canada, and for the government of Canada.
[23:11 July, 1840]

It shall be lawful for Her Majesty, with the advice of her Privy Council,
to declare, or to authorize the Governor-General of the said two Provinces
of Upper and Lower Canada to declare by proclamation that the said
Provinces shall form and be one Province under the name of the Province
of Canada, and thencefortli the said Provinces shall constitute and be one
Province under the name aforesaid upon, from and after the day so
appointed, as aforesaid.

And be it enacted that from and after the reunion of the said two
Provinces there shall be within the Province of Canada one legislative
Council and one assembly to be severally constituted and composed in the

_ (*3) See _Pr_abZcms 0] Canadian Saxrerrigniy by Maurice Oliivier. pages 16 to 21.
(With permission of the Canada Law Book Company, Toronto}.

19

Declaration
of Union.

Composition
and powers

Legisla-
ture.

20

Representa-
tives for
each
Province.

Place and
times of
holding
Parliament.

Duration of
Parliament.

Giving or
withholding
assent to
bills.

Disullowanoe
of bills
assented to.

Assent to
bills
reserved.

manner hereinafter prescribed, which shall be called “The Legislative
Council_and Assembly of Canada,” and that within the Province of Canada
her Mmesty shall have power, by and with the advice and consent of the
said Legislative Council and Assembly, to make laws for the peace, welfare,
and good government of the Province of Canada.

And be it enacted that in the Legislative Assembly of the Province of
Canada, to be constituted as sforwaid, the parts of the said Province which
now constitute the Provinces of Upper and Lower Canada respectively,
shall, subject to the provisions hereinafter contained, be represented by an
equal number of representatives to be elected for the places and in the manner
hereinafter mentioned.

And be it enacted that it shall be lawful for the Governor of the Province
of Canada for the time being to fix such place or places within any part of
the Province of Canada, and such times for holding the first and every other
session of the Legislative Council and Assembly of the said Province as he
may think fit, such times and places to be afterwards changed or varied as
the Governor may judge advisable and most consistent with general con~
veniencc and the public welfare, giving sullicient notice thereof; and also
to Cprorogue the said Legislative Council and Assembly from time to time,
an dissolve the same, by proclamation or otherwise, whenever he shall
deem it expedient.

And be it enacted that there shall he a session of the Legislative Council
and Assembly of the Province of Canada once at least in every year, so that
a period of twelve calendar months shall not intervene between the last
sitting of the Legislative Council and Assembly in one session and the first
sitting of the Legislative Council and Assembly in the next session; and that
every Legislative Assembly of the said Province hereafter to be summoned
and chosen shall continue for four years from the day of the return of the
writs for choosing the same, and no longer, subject nevertheless to be sooner
prorogued or dissolved by the Governor of the said Province.

And be it enacted that whenever any bill which has been passed by the
Legislative Council and Assembly of the Province of Canada shall be
presented for her Majesty’s assent to the Governor of the said Province,
such Governor shall declare according to his discretion, but subject never-
theless to the provisions contained in this Act, and to such instructions as
may from time to time be given in that behalf by her Majesty, her heirs or
successors, that he asscnts to such bill in her Majesty’s name, or that he
withholds her Majesty’s assent, or that he reserves such bill for the significa-
tion of her Maj esty’s pleasure thereon.

And be it enacted that whenever any bill, which shall have been
presented for her Majestv’s assent to the Governor of the said Province of
Canada, shall by such ovcrnor have been assented to in her Ma1’esty’s
name, such Governor shall by the first convenient opportunity transmit to
one of her Maiesty’s principal Secretaries of State on authentic copy of
such bill so assented to; and that it shall be lawful at any time within two
years after such hill shall have been so received by such Secretary of State,
for her Majesty by Order in Council to declare her disallowance of such bill;
and that such disallowance, together with a certificate under the hand and
seal of such Secretary of State certifying the day on which such bill was
received as aforesaid, bein signified by such Governor to the Legislative
Council and Assembly of ‘anada by speech or message to the Legislative
Council and Assembly of the said Province, or by proclamation, shall make
void and annnl the same from and after the day of such signification.

And be it enacted that no bill which shall be reserved for the signification
of her Majesty’s pleasure thereon shall have any force or authority within
the Province of Canada until the Governor of the said Province shall signify,
either by speech or mcssa e to the Legislative Council and Assembly of the
said Province, or by proc amation, that such bill has been laid before her
Majesty in Council and that her Majesty has been leased to assent to the
same; and that an entry shall be made in the journu of the said Legislative
Council of every such speech, message, or proclamation, and a duplicate
thereof duly attested shall be delivered to the roper officer to be Ice 1;
amongst the records of the said Province; and t i; no bill which shall c
so reserved as aforesaid shall have any force or authority in the said Province
unless her Majosty’s assent thereto shall have been so signified as aforesaid
within the space of two years from the day on which such bill shall have
been prwcntcd for her Majesty’s assent to the Governor as aforesaid.

V

And be it enacted that from and after the said reunion of the said two
Provinces, all writs, proclamations, instruments for summoning and calling
together the Legislative Council and Legislative Assembly of the Province
of Canada and for proroguing and dissolving the same, and all writs of
summons and” election, and all writs and public instruments whatsoever
relating to the said Legislative Council and Legislative Assembly or either
of them, and all returns to such writs and instruments, and all journals,
entries, and written or rintcd roceedings of what nature soever of the
said Legislative Counci and .egislative Assembly and each of them
respectively, and all written or printed proceedings and reports of com~
mittecs of the said Legislative Council and Legislative Assembly respectively,
shall be in the English Language only: Provided always, that this enactment
shall not be construed to prevent translated copies of any such documents
being made, but no such copy shall be kept among the records of the Legis-
lative Council or Legislative Assembly, or be deemed in any case to have
the force of an original record. (Lord John Russell explained that this
section only dealt with English as -the language of “original record.” There
is nothing, however, in this section against French as the language of debate,
and indeed it was used as such from the time of first Union Parliament.
For the repeal of this section, see No. CLXXIII and note.)

And be it enacted that all laws, statutes, and ordinances which at the
time of the union of the Provinces of Upper and Lower Canada shall be in
force within the said Provinces or either of them or any part of the said
Provinces respectively, shall remain and continue to be of the same force,
authority, and eifect in those parts of the Province of Canada which now
constitute the said Provinces respectively as if this Act had not been made,
and as if the said two Provinces had not been united as aforesaid, except in
so far as the same are repealed or varied by this Act, or in so ‘far as the same
shall or may hereafter by virtue and under the authority of this Act he
Iééplwtgéd or varied by any Act or Acts of the Legislature of the Province of

ana 21.

“And be it enacted that upon the union of the Provinces of Upper and
Lower Canada, all duties and revenues over which the respective Legislatures
of the said Provinces before and at the time of the passing of this Act had
and have power of appropriation, shall form one consolidated revenue fund
to be appropriated for the public service of the Province of Canada in the
manner and subject to the charges hereinafter mentioned.

And be it enacted that the expenses of the collection, management and
receipt of the said consolidated revenue fund shall form the first charge
thereon; and that the annual interest of the Public Debt of the Provinces
of Upper and Lower Canada, or of either of them, at the time of the reunion
of the said Provinces shall form the second char e thereon; and that the
payments to be made to the clergy of the Unite Church of England and

reland, and to clergy of the Church of Scotland, and to ministers of other
Christian denominations, pursuant to any law or usage whereby such
payments before or at the passing of this Act were or are egally or usually
paid out of the public or Crown revenue of either of the Provinces of Upper
and Lower Canada, shall form the third charge upon the said consolidated
revenue fund; and that the said sum of forty-five thousand pounds shall
form the fourth charge thereon; and that the said sum of thirty thousand
pounds, as long as the same shall continue to be payable, shall form the
fifth charge thereon; and that the other charges upon the rates and duties
levied within the said Province of Canada hereinbefore reserved shall form
the sixth charge thereon, so long as such charges shall continue to be payable.

And be it enacted that, subject to the several payments hereby charged
on the said Consolidated revenue Fund, the same shall be appropriated by
the Legislature of the Province of Canada for the public service in such manner
as they shall think roper: Provided always that all bills for appropriating
any part of the surp us of the said consolidated levenue fund, or for imposing
any new tax or import, shall originate in the Legislative Assembly of the
said Province of Canada: Provided also that it shall not be lawful for the
said Legislative Assembly to originate or pass any vote, resolution, or bill
for the appropriation of any part of the surplus of the said consolidated
revenue fund, or of any other tax or impost, to any purpose which shall not
have been first recommended by a message of the Governor to the said
Legislative Assembly during the session in which such vote, resolution, or
bill shall be passed.

21

Language of
Legislative
records.

Existing
laws saved.

Revenues of
the two
Provinces

to form a
Consolidated
Revenue

Fund.

The order

of charges

on the
Consolidated
Fund to ho‘.-
lst, Expense
of Collection;
2nd. Interest
of the debt?

3rd, pay-
ments to
the Clergy;

4th and 5th
Civil List:
fith, Other
charges
already
made on‘
the Public
Revenue.

Subiect to
the above
charges, the
Consolidated
Revenue
Fund to be
appropriated
by the
Provincial
Legislature,
by hills.
etc.

22

RESPONSIBLE GOVERNMENTC”)

In reviewing that period which extends from the beginning
of the nineteenth century to the end of the Union of the two
Canadas one cannot but recall the idea of responsible govern~
ment. During that period, and more particularly in the middle
forties, the concept of responsible government explains the main
events which took place. It is the end towards which Canadian
parliamentarians were striving and it is in attaining this objective
that they have taken the most important step in the slow but
sure progress towards autonomy.

In the first years of the last century, Pierre Bédard had
campaigned very strenuously in Lower Canada in favour of a
government of men having the people’s confidence. Every
student of Canadian history knows of the struggles of Papineau,
Neilson and Lafontaine for the triumph of this principle in
Lower Canada. In Upper Canada, _William Lyon Mackenzie
and Baldwin, and Howe in Nova Scotia, experienced the same
diflieulties. The struggles’ of the legislatures are well known
and need only be recalled to memory. It is, however, important
to consider responsible government in itself and its consequences.

Responsible government exists when the Executive is
responsible to a legislature and is kept in power by the vote of
the majority of that assembly, elected by the people. Therefore,
there is responsible government when the Ministry is made up
of chiefs of administrative departments who remain at the head
of their respective departments only as long as they are
supported by the majority of the assembly.

It has also been called government by parliament or by
the cabinet. Theoretically, the executive power is vested in
the governor, or, if one prefers, in the governor in council.
In reality, it is the ministers who govern, and, although the
latter are appointed by the Crown, the governor who represents
the Crown chooses his ministers from the members elected
belonging to the majority group.

Writing to Lord Castlereagh, then Colonial Secretary,
about the Canadian Party, Governor Craig of Lower Canada
expressed the following opinion: “They either believe, or aflect
to believe that there exists a Ministry here, and that in imitation
of the constitution of Britain that Ministry is responsible to
them for the conduct of the Government. It is not necessary
that I should point out to your Lordship the steps to which such
an idea may lead.”

In 1835, quite a variation might be noticed in the opinion
of the Colonial Secretary, so much so that Lord Glenelg wrote
to Governor Head: “To His Majesty and to Parliament the
Governor of Upper Canada is at all times most fully responsible

for his oflicial acts. This responsibility . . . is one which it is
in the power of the House of Assembly at any time, by a_ddress
or petition, to bring into active operation. . . . The principle

of effective responsibility should pervade every department of
your Government.”

(W) From Problems of Canadian Sovereignty by Maurice Ollivier, pages 24 to
34. (With permission of the Canada Law Book Company. Toronto.)

v .. :’-,__.s._.:-T.

The following year, however, Craig; declared that he would
never allow an Executive Council officially to assume that
heavy responsibility which he owes to his Sovereign as well as
to the people of the province.

In 1837, Lord John Russell succeeded in having adopted
by the House of Commons the famous resolutions which brought
about the troubles previously mentioned. Everything; that had
been asked for was refused. Russell refused, among other
things, to recognize that the Executive Council in Canada was
modelled on that of England. Pursuant to the traditions of
the Colonial Oflice, this proposition was wholly inconsistent
with the relations to be had between the Mother Country and
a colony. According to his way of thinking, it would result
from the admitting of such a principle that Canada would then
cease to be a colony, that such power could not be granted to
a colonial legislature, for it would affect the prerogative of the
British Crown. His opinion was still the same in June,
1839, when he introduced his bill for the union of the two
Canadas. He made it known that Lord Durham’s report had
not changed his opinion that an Executive council in Canada
could not enjoy the same responsibility as the Executive
Council in England, and, he added further, that the governor
received his instructions from the Crown under the respon~
sibility of the Secretary of State. After having read Lord
Durham’s report and knowing thereby his thoughts on the
subject, it is easy to imagine what answer he made in the House
of Lords to the speech made in the House by Lord Russell.
Again Lord Russell expressed the same sentiments in his
dispatches of the 7th of September and the 14th of October,
1839, to Governor Thompson.

For his part, Thompson was a very apt pupil and had
forgotten nothing that Russell had taug;ht.him, and he wrote
on the 12th of September, 1839: “I am not a bit afraid of the
responsible government cry. I have already done much to put
it down in its inadmissible sense, namely, the demand that the
council shall be responsible to the assembly, and that the
governor shall take their advice, and be bound by it.” He
wrote further to Russell on the 27th of May, 1840: “Acting
upon the principle which I have on a former occasion laid down,
I can only look on the Council as persons Whose advice the
Governor may seek, and which he may adopt or not as he
pleases, the responsibility of any decision to which he may
come, resting upon him alone. . . .”

Many other quotations may be made from Thompson’s
letters. They are all in the same vein, for he believed, as he
further stated to Russell on the 27th of June, 1841 (after having
been made Lord Sydenham in August, 1840), that what was
required for Canada as governor was one who had the firm
will to govern as he had himself.

Enough has been said as to the attitude of the governors
which were sent to Canada to indicate that they certainly did
not favour the idea of responsible government in Canada and
to show that a great deal of credit is due to Lord Durham who
advocated the idea.

24

Two other conclusions might be drawn: First, that respon~
sible government was not created by the Union Act, and the
second one, which follows the first, that it is useless to establish
our status between 1840 and 1867 by the terms of the Union
Act, and between 1867 and 1931 from the terms of the British
North America Act. The establishment of responsible govern—
ment is not predicated upon any law. Its existence is due to
the instructions given to a governor that he should choose his
ministers from a group having, according to its majority, the
confidence of the Assembly. The relations between the Legis-
lature and the Executive are not defined by the constitution
of 1840, nor were they tWenty—seven years later by the British
North America Act. Section 45 of the Union Act mentions
the Executive Council to be appointed by Her Majesty but
does not refer to the responsibility of the council. It can be
stated that responsible government has existed in Canada as
in the other Dominions, not by virtue of the constitution, but
that it has developed in the natural course of events, by
constitutional practice and precedent. It was later recognized
in the instructions which the Colonial Secretary of State trans-
mitted to the governors. No trace of responsible government
can be found in the instructions given to Sydenham, Metcalfe
or Bagot. .

Lord John Russell summarized the principles of the consti-
tution of 1840 as follows: “A legislative union of the two
provinces, the maintenance of the three estates of the provincial
legislature, the settlement of a permanent civil list for securing
the independence of the judges, and to the executive govern-
ment that freedom of action which is necessary for the public
good, and the establishment of a system of local government
by representative bodies, freely elected in the various cities and
rural districts.” |

In his instructions to the Governor General in 1841, Lord
Russell advised calling to the council these persons who by
their position and character have deserved the confidence and
esteem of the inhabitants of the province. We have seen the
ir:(iiterp1-ctation Sydenham was to give to this purposely vague
a vice.

The Baldwin—La Fontaiue Ministry which was unwilling
to accept Lord Sydenham’s idea of ministerial responsibility,
and had for that reason previously been forced to resign, came
back to power in 1848, thus ensuring the triumph of those
ideas for which the party had fought between 1843 and 1847.

It might here be pointed out that in N ova Scotia responsible
government existed as far back as 1846 by virtue of a dispatch
from Lord Grey to Sir John Harvey, then lieutenant-governor
of that province, in which the Colonial Secretary declared that
the Executive Council could be retained as long as it had the
confidence of the legislature. It is correct to state that respon-
sible government appeared iu Canada in 1847 and that on the
11th of March, 1848, the reorganization of the Baldwin-
La Fontaine Ministry inaugurated the era of free government
in our country. This date marks the birth of our nation.

, ._s.._..~* pi

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We have mentioned 1847 as the date of the appearance
of responsible government, the year when Lord Elgin was
appointed Governor General. For the first time, the instruc-
tions from the Secretary of State of the colonies, Lord Grey,
recognize the idea of ministerial responsibility. It is therein
stated clearly that the Governor must act generally upon the
advice of his Executive Council and that he must choose as its
members those persons who are indicated to him as having
the right to be called thereto from the fact that they enjoy the
confidence of the Assembly.

It may be stated that responsible government was estab-
lished in 1848 just as it may be said that Canada became a
sovereign country in 1931. It might be fair perhaps to say
that these dates show the exact time when those facts were
officially recognized, for, in British countries legal definitions
generally recognize and sanction existing conditions.

To be convinced one has but to read the confidential
dispatch from Governor Metealfe to Lord Stanley, dated the
24th of April, 1843, in which the former states, speaking about
his Executive Council, that “they consider themselves already
as a responsible ministry and expect that the politic and the
conduct of the Governor shall follow their point of view and
recognize their opinion as a political party.” The Governor
insisted on choosing his advisers without distinction of party.
His opinion was that the country should be governed by himself
and not by a political party.

Notwithstanding its importance, the acquisition of respon-
sible government by the country was not the only event which
changed our status between 1840 and 1848. Since 1842, the
British government had abstained from making custom tariffs
for the colony and in the year 1846 an Imperial statute was
passed, chapter 94, 9-10 Victoria, which authorized the colonies
to enact their own customs laws. From that date, we could
therefore regulate our own commerce to suit our own taste
without outside intervention. About the same time, Canada
obtained the command of the civil list while the Imperial
Parliament refrained from disposing in any way of the revenues
of the province. Another barrier to our autonomy disappeared
when Canada obtained the control of its postal administration.
However, all the advantages then obtained in the political
domain, with the hope conveyed of what was to follow gradually,
were insufficient to bring about the union of the population or
its economic welfare. To bring about unity, that clause of the
constitution restricting the use of the French language in the
Legislature was abrogated in 1848. As to the economic difli—
culties, they were due to two causes:(1°) the adoption by Great
Britain in 184.6 of the theory of free trade; (2°) the nefarious
navigation laws. The farmers and millers found themselves in
great difiiculties not having in England any more the protected
markets to which they had been accustomed. Industry, com-
merce and agriculture were in a slump, so much so that a very
pronounced annexationist movement developed all over the
country, more particularly in Montreal, where a resounding
manifesto in favour of union with the neighbouring republic
was issued. A dual remedy to the crisis was devised: the repeal

25

26

_of the navigation clauses, the ofiect of which was to make the

navigation on the St. Lawrence free, and the signing of a treaty
of reciprocity on natural products with the United States.

In 1844 the Imperial government adopted an Act which
we might consider‘ for a moment. The Legislative Assembly
had asked by an address to the British government the right
to amend the constitution of the Legislative Council, and the
House of Commons in London granted this request. Accord-
ingly, ten years later the Canadian legislature passed an Act
establishing an elective upper Chamber.

As the Canadians had protested ten years previously when
England abandoning its protection policy had opened its markets
to all countries and had ceased to grant us the particular
advantages which had been ours up till then, in the same
manner ten years later, that is in 1859, by a strange coincidence
which indicated the progress we had made in our evolution
towards complete autonomy, it was England who strongly
protested when the Canadian tariff of 1859 definitely sanctioned
the principle of protection.

As we have previously mentioned, an Imperial Act passed
in 1846 had authorized the colonies to enact their own tariff laws.
On the strength of this authorization, Sir John Macdonald
subjected English merchandise coming into Canada to tarifi”
duties. Many members of the House of Commons at West-
minster were in favour of the disallowance of an Act so audacious.
Our own Minister of Finance, Sir Alexander Gait, answered
them in a dispatch to the Colonial Office by which he claimed
for (tfhe Canadian legislature the right to adopt its own customs
tari .

TI-IE YEARS PRECEDING
CONFEDERATION(”°)

Long before 1867 the Union Act had ceased to work
properly. More particularly, the inhabitants of Upper Canada
who, in 1840, had no objection to the two provinces having
equal representation while they were fewer in number, could
not help but think differently when their own population,
much increased by constant immigration, became more
numerous that than of Lower Canada. The claims for repre-
sentation proportional to the population therefore came more
especially from Upper Canada. On the other hand, the two
political parties were at times so evenly divided, especially
between 1862 and 1864, that five changes of ministry then
took place and it was extremely difficult to govern under the
circumstances as the fate of the government was dependent
upon the transfer of a couple of votes, sometimes of a single one.

Sir John A. Macdonald(“) was of the opinion that the
first mention made in the legislature of a project of federation
of the provinces was made by the Honourable A. J. Gait, but

’(=”) See_Problcms of Canadian Saoerzianty by Muufice Ollivier, pages 34 to 36.
(With permission of the Canada Law Book Company.)
(*1) Speech in the House on the occasion of the debate on Confederation,

February 6, I865.

xv ..—-..

it was only in 1858, on the occasion of the formation of the
Cartier—Macdonald ministry, that a political party made it an
article of its programme and set out to accomplish it.

However, as stated by the Honourable George Brown on
the 8th of February, 1865, this promise was more or less forgotten
and no more was heard about it, at least seriously, until 1864
when it became impossible to delay any longer the solution of
the political difliculties which had arisen and which were
destroying our credit, our prosperity and our progress.

Anirious to make use of the tendencies towards union of
the maritime provinces, the government of Canada decided to
send delegates to the convention in Charlottetown. This
convention was soon to be followed by another one‘ in Quebec
where the delegates of the different British colonies of North
America met. Seventy—two resolutions were adopted‘ at this
conference to be used‘as a basis for the future constitution.
Tl1ese_ resolutions were adopted in the legislature of Canada
early in 1865, after having been introduced in the Council by
Sir Etienne—1’ascal Taché, and, in the Assembly by Sir John A.
Macdonald, supported by Sir Georges-Etienne Cartier. The
proposition was as follows:

“That an humble address be presented to Her Majesty, raying
that she may be graciously pleased to cause a measure to he su mittcd
to the Imperial Parliament for the purpose of uniting the Colonies of
Canada, Nova Scotia, New Brunswick, Newfoundland and Prince
Edward Island in one Government, with provisions based on certain
resolutions, which were adopted at 21 Conference of Delegates from the
said Colonies, held at the City of Quebec, on the 10th October, 1864.”

The maritime provinces were liesitating, however, to

accept this project for reasons of a financial character, and a .

new conference was required which took place in London in
1866. Finally, the British North America Act was introduced
in the Parliament of Westininster on the 21st of Febniary, 1867,
and was ratified the 29th’ of March of the same year.

THE BRITISH NORTH AMERICA ACT,_1867
Its nature with a summary of its main provisions.

There has been a. certain amount of discussion as to
whether the B.N.A. Act was a pact or not. This discussion
hastaken place amongst writers on constitutional law and the
subject has been perhaps more frequently mentioned in political
speeches. _Strictly speaking it is impossible to say that the
B.N.A. Act is a pact since it is an Act of the Imperial.Par1iament
which is supreme. On the other hand this statute cannot, in
this day and age, be amended without the consent of Canada
and, furthermore, it is based upon an understanding wliichhad
taken place between the different colonies. We might recall
here that these resolutions constituted a compromise, a sort of
pact or understanding, and we might add that our constitution
is a re~edition_ of this understanding with very few changes.
Phase resolutions were adopted at the Quebec Conference
which had followed that of Charlottetown and they were put
in statute form at the London Conference.

27

As the different provinces, or colonies, as they then were
called, were anxious to protect their autonomy it had been
decided to have a federal union rather than a legislative one.
It is true that a government less divided between different
jurisdictions, consequently much stronger, if, for instance, there
had been only a central government, might have obtained for
Canada much sooner that independence which it now enjoys.
On the other hand Lower Canada could not consent to a union
where the inhabitants of the province by becoming a minority
would have ran the risk of seeing their nationality submerged
and of. losing their language, the Civil law and the traditions
to which they were rightly attached”.

It is not mentioned in the B.N.A. Act anymore than in
the Union Act, that the Dominion should enjoy responsible
government; on the contrary Section 9 of the Statute declares
that the executive government and authority of and over
Canada is to continue and be vested in the Quecn;-Section 11
institutes the Privy Council for Canada and Section 12 states
that the powers of the Governor General should be exercised
by the Governor General on the advice of his Council or by the
Governor General alone, as the case may be.

Bourinot in his book: “How Canada is Governed” writes
that: ‘

“The Canadian constitution, or British North America Act of 1867,
is a statute of the parliament of Great Britain, before whom as the
supreme legislative authority of the empire the provinces of Canada
had to come and express their desire to be federal] united. In the
addresses to the queen containing the resolutions of t c Quebec confer-
ence of 1864, the legislatures of the provinces set forth that in a federa-
tion of the British North American provinces the system of government
best adapted under existing circumstances to protect the diversified
interests of the several provinces, and secure harmony and permanency
in the working of the union, would be a general government charged
with matters of common interest to the whole country, and local

overnmcnts for each of the Canadas, and for the provinces of Nova
cotia, New Brunswick and Prince Edward Island, charged with the
control of local matters in their respective sections.”

In the third paragraph the resolutions declare that “in
framing a constitution for the general government, the confer-
ence, With a view to the perpetuation of our connection with
the mother country, and the promotion of the best interests of
the people of these provinces, desire to follow the model of the
British constitution so as our circumstances permit.” In the
fourth paragraph it sets forth: “The executive authority or
government shall be vested in the sovereign of the United
Kingdom of Great Britain and Ireland, and be administered
according to the welhunderstood principles of the British
constitution, by a sovereign personally, or by the representative
of the sovereign duly authorized.”

In these three paragraphs we see clearly expressed the
leading principlw on which our system of government ‘rests:

A federation with a central government exercising general
powers over all the members of the union, and a number of
local governments having the control and management of
certain matters naturally and conveniently belonging to them,
while each government is administered in accordance with the
British system of parliamentary institutions.

W»._ ».

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v

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9 ‘_.;»..—.}._

Here we might ask ourselves what is a constitution. and
we will find that it is the fundamental law of .9. state directing
the principles upon which the government is founded and
regulating the exercise of the sovereign powers, directing to
what bodies and persons those powers shall be confided and the
manner of their exercise.

Amongst the distinctions to be established in constitutions
we should mention that of—written and unwritten constitutions.
These words however should not be taken too literary as in a
country which is governed by a written constitution much of
the constitutional or fundamental law is unwritten and is to be
found outside the written document called: “The Constitution”
for instance amongst the constitutional conventions which have
really the force of law. On the other hand a country has an
unwritten constitution when the constitution is not contained
in 2. single and overriding document which does not mean
however, that no part of this constitution is written. In
countries like England for instance it has been said that the
country did not have a constitution because it could not
produce a written document called the Constitution; “however
there is no doubt that there exists an English constitution
which any student of history may recognize and admire com—
posed of a limited number of conceptions and privileges granted
by the Kings of the earlier periods of certain great leading
principles admitted at different times and transmitted from
generation to generation, imperishably recorded in Magna
Carta and in the Petition of Right, the Bill of Rights, the Act
of Settlement and many other statutes. It is composed also of
traditions, customs and constitutional conventions. It means
freedom to think, to live, to worship and to work our destiny
as men and women who have a great mission and a great
responsibility and obligation.” The English Constitution is
part of our own from the very preamble of the BrN.A. Act
where it is stated that the provinces have expressed the desire
to be federally united with a constitution similar in principle
to that of the United Kingdom.

Our constitution deals with the three powers that is: the
1egislative——the exeeutive——and the judicial. The legislative,
which makes the laws——the executive, which administers them
——and the judicial, which has to do with their interpretation.

Our actual system of government was therefore established by

the B.N.A. Act 1867 which is a law of the Imperial Parliament
passed in the early part of 1867 without a division and which
united at that time the province of Canada, now divided into
Ontario and Quebec, with Nova Scotia and New Brunswick,
and made provision at the same time for the coming in of the
other provinces; the Word—federation—is a misnomer for what
was then created was a federal union, a system which comprises
a central government to control these matters which are essential
for the development, permanency and unity of the whole
country and also a certain number of provincial governments
to deal with local subjects, more defined, and which naturally
come under their jurisdiction. The Canadian Constitution is
therefore a statute of the Parliament of Great Britain before
whom, as the supreme legislative authority of the Empire, the

29

30

colonies had to come and express their desire to be federally
united. The leading principles on which our system of govern-
ment rests are clearly expressed in the resolutions of the Quebec
Conference of 1864 where the legislatures set forth that they
desired a federation with a central government exercising general
powers over all the members of the union and a number of
local governments having the control and management of
certain matters naturally and conveniently belonging to them
while each government is to be administered in accordance
with the British system of parliamentary institutions. The
act itself contained in the origin 147 sections, divided into 11
parts, dealing, amongst other things, with the union which it
created, the executive government and authority of and over
Canada, the legislative power divided for Canada itself amongst
the Senate and the House of Commons to act in co-operation,
dealing also with the provincial constitutions and, what is
exceedingly important, with the distribution of legislative
powers as between Canada and its provinces, and further with
the judicature, with revenues, debts, assets and taxation and,
finally, with miscellaneous provisions and the admission of
other colonies into the union. This gives the scope of the Act
itself. New to come back to the details of these subjects by
dealing first with the Executive Power which is vested in the
King, represented by the Governor General; in practice the
Executive government is in the hands of the cabinet selected
from the members of the Privy Council for Canada who form
the responsible advisory council of the sovereign’s representative.

The position of the Governor General has been much altered

since 1867; little by little his powers have diminished and‘

today he is neither a Governor nor a General, but rather a very
colorful representative to Whom should be granted the title of
Vice-Roy. – As our autonomy has been increased the powers of
our governors have contrariwise diminished gradually and
continuously. We could now summarize the Governor’s position
by saying that he is the King’s personal representative and not
as he used to be the agent .of His Majesty’s government in
Great Britain. At the time of his appointment, the government
of Canada selects its own candidate whom constitutionally the
King must accept. It is only a case of the application of the
doctrine of ministerial responsibility. The result is that the
Governor General, so chosen, will exercise the executive power
upon the advice of his responsible ministers but naturally in
the name of the King. The government of Great Britain does
not intervene in any way.

We shall now leave the Governor General and the executive
to deal with the legislative power and note that Section 17 of
the B.N.A. Act states that: “There shall be One Parliament
for Canada, consisting of the Queen, an Upper I-louse, styled
The Senate, and the House of Commons.” The Senate has at
present 96 members and the next House of Commons will have
255 members in accordance with the amendment made to the
British North America Act in 1946. The senators are summoned
to the Senate by the Governor General under the great seal of
Canada and the qualifications of senators are that they shall
be British subjects of thirty years of age, possessing within the
province for which they are appointed real estate of the value

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of $54,000 clear of all encumbrances and be residents in the
province for which they are appointed. The Act also provides
for the disqualification of senators, for the appointment of the
Speaker of the Senate, for the constitution of the House of
Commons and for the elections of the members thereof. It deals
further with the election of the Speaker of the House, for the
procedure and quorum thereof, the voting therein, the duration
of every House and the decennial readjustment of representa-
tion and the increase in the number of members. The Act
provides that bills for appropriating any part of the public
revenue or for imposing any tax or impost shall originate in
the House of Commons, and that money votes shall be first
recommended to the House by message of the Governor General.

The next sections deal with the Reyal—Assent to hills which
have passed both houses of Parliament and with the disallow-
ance and reservation of bills after they have\been passed; it is
unnecessary to insist on these provisions as they have fallen
into disusagc.

The following part, that is: Part 5 of the B.N.A. Act, is
concerned with the provincial constitutions, which are estab-
lished somewhat on the model of the federal constitution, with
a lieutenant-governor substituted for the Governor General,
but nowadays the provinces, except Quebec, have only the
lower Chamber, that is 3. Legislative Assembly. In Quebec
there is a legislative Assembly___and a Legislative Council
corresponding to the Senate.

Now comes a very important part of the B.N.A. Act, that
is: Part 6 which deals with the distribution of legislative powers.
An essential characteristic of a federal union is the division or
distribution of legislative powers between the government of
the Union as a whole and the several parts that compose the
Union. Accordingly the Canadian constitution gives to the
central government at Ottawa the control of certain matters
of a general or national character and to the provincial govern-
ments the control of certain matters of a provincial or local
importance. Section 91 of the B.N.A. Act gives to the
Parliament of Canada amongst other things the sole or exclusive
right of making laws, for regulating trade and commerce, for
the raising of money by any system of taxation, for the postal
service, the armed forces, navigation and shipping, sea coast
and inland fisheries, currency and coinage, banks and banking,
bankruptcy, patents and copyrights, indians, naturalization,
the Criminal Law and penitentiaries, and the residue of powers,
that is: such classes of subjects as are not assigned exclusively
to the legislatures of the provinces, also for works for the general
advantage of Canada. Canada and the local governments
exercise certain rights in common, as for instance with respect
to agriculture, and further the Dominion government has by
the constitution a general power of disallowing any act of the
legislature within one year-hafterlits reception from the govern-
ment of a province.

Now the. legislature may in each province exclusively make
laws in relation to_ certain matters enumerated in section 92,
first one of which IS the amendment of the constitution of the

31

32

province, which power is not possessed by the federal parliament;
and it can impose direct taxation within the province, deal with
provincial oilices, manage and sell its public lands and the
timber and wood thereon, establish, maintain and manage,
prisons, hospitals, asylums, and eleemosynary institutions in and
for the province. The provinces also have jurisdiction over the
Municipal institutions in the province, jurisdiction respecting
shops and licences, local works, the incorporation of companies
with provincial objects, the administration of justice in the
province and what is most important, property and civil rights
in‘the province, and, finally all matters of a merely local or
private nature in the province. Another very important function
of the province is the subject of education which is dealt with
in aseparate section which starts by saying that: In each
province the legislature may exclusively make laws in relation
to education. This clause however s subject to many qualifica-
tions respecting the rights and privileges of the denominational
schools and the rights of the schools of the minority in each
provin”e as thos: rights stood at the time of Confederation.

The next part 0’ chapter of the B.N.A. Act deals with the
judicature and provides for the appointment of the judges by
the Governor General in Council. Following clauses state how
they shall be selected, deal with their tenure of oilice, their
salaries and the creation of the Supreme Court, then we come
to a part entitled: Revenues, Debts, Assets, Taxation.-—This
part provides for the creation of the Consolidated Revenue
Fund from which all monies are appropriated for the public
service of Canada in the manner as in the Act provided, the
Financial relations between Canada and its provinces, the
grants and subsidies to the provinces, the conditions relating
to the debts of the central government and of the provinces,
of the grants to the provinces, the forms of payments, the
custom and excise laws. Amongst the miscellaneous provisions
which follow is Section 133 which deals with the use of English
and French languages. The other provisions of the Act are
of less importance, except perhaps Section 146 which deals
with the admission of other colonies and their representation
in the Senate.

It is impossible to deal here with the evolution of our con-
stitution, a gradual evolution which has gone ahead with the
inevitability of gradualness, on account of the political genius
and the broad-mindedness of Canadian statesmen who, from
Macdonald and Blake to Laurier, Borden and King, to name
but a few, have indicated and followed themselves the road
lying ahead. But this is not only due to politicians; some
years ago Stanley Baldwin said in the House of Commons at
Westminster: “There is no doubt that one of the results of the
war was to speed up the political development and conscientious-
ness of every dominion in the Empire”. It is quite certain that
the effect of the last war, as far as constitutional development
is concerned, was no diflerent from that of the first one.

The same spirit which has prompted Canada to such an
effort as it has made and to such sacrifices as we have witnessed
will again unite Canada to play amongst the other nations of
the world that part which is rightly hers of an equal partner
that is: an independent and sovereigi nation.

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The British Empire and the Commonwealth of British
Nations constitute nowadays, together, a new experience, built
on new principles, and the nations shall witness in the future,
this fact that the spiritual link which unites all the parts of
this vast organization is infinitely stronger than the military
power which, for a time, has held together the Empires of
the past.

COLONIAL LAWS VALIDITY ACT, 1865(”)
(28 and 29 Victoria, c. 63.)

An Act to remove Doubts as to the Validity
of Colonial Laws.
[2.9th J mm, 1865]

WHEREAS doubts have been entertained respecting the
validity of divers laws enacted, or purporting to be enacted by
the Legislatures of certain of Her Majesty’s Colonies, and
respecting the powers of such Legislatures; and it is expedient
that such doubts should be removed:

Be it hereby enacted by the Quee11’s Most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows:—

1. The term “colony” shall in this Act include all of Her
Majesty’s Posscssions abroad, in which there shall exist a
legislature as hereinafter defined, except the Channel Islands,
the Isle of Man, and such territories as may for the time being
be vested in Her Majesty, under or by virtue of any Act of
Parliament for the government of India:

The terms “Legislature” and “Colonial Legislature” shall
severally signify the authority (other than the Imperial Parlia-
ment or Her Majesty in Council), competent to make laws for
any colony;

(73) Common law is to be found partly in the statutes but, also, in sections;
precedents and tradition. Before 1865, there existed a theory to the effect that
legislation adopted by colonial legislatures should not be contrary or repugnant to
the law of England. If at any time the legal lights in the United Kingdom were
of opinion that a. colonial law was unconstitutional because repugnant to the common
law they immediately recommended that a bill should be adopted by the Imperial
Parliament to confirm the said colonial law.

This principle was recognized in Canada although not formulated in express
terms in the Union Act. As the demarcation between the fundamental and non-

ndamental principles of the English law was so vague that it was impossible to
define it exactly in its application the Colonial Laws Validity Act was passed in 1865
to confer upon Colonial Legislatures the power of making laws even though repugnant
to the English common law, but the Act declared that a Colonial law repugnant
to the provisions of an Act of the Parliament of the United Kingdom extendm to
the Colony either by express words or by necessary intendment should be voi to
the extent of such repugnancy. The Act also removed doubts which had arisen
regarding the validity of laws assented to by the Governor of a Colony in n. manner
inconsistent with the terms of his instructions.

_Tho Act passed in 1865 for the benefit of the colonies and for the purpose of
validating certain laws which might have been annulled for their repugnancy to
the English common law became restrictive ol the autonomy of the Dominion due
to the fact that a Colonial Act repugnant to any particular law of the United Kingdom
applicable to the colony was void to the extent of such rcpugnnncy. This Act was
repealed by section two of the Statute of Westminster. See notes to the Statute
of Westminster, 1931 in this volume, also Problems of Canadian Smmrexanty, by
Maurice Olliver. pages 99 to 105. (With permission of the Canada Law Book
Company. Toronto.)

1 8955-3

33

Definitions:
“Colonyff

‘ ‘Legisla-
ture. ”

‘ ‘Colonial
Legislature ”

‘ ‘ Represon«
iative
Legislature.”

“Colonial
Law.’ ’

Act of
Parliament,
ete., when
to extend
to Colony.

“Governor. ”

“Letters
Patent, ’ ‘

Colonial
Law when
void ior
)‘G]1Ugll[*ll’|Oy.

Colonial
Law when
not void for
repugnancyi

Colonial
Law not
void for
inconsistency
with in-

stru ctions.

Colonial
Legislatures
may estab-
lish, etc..
Courts

of Law.

Represem
tativc
Legislature
may alter
Constitution.

The term “Representative Legislature” shall signify any
Colonial Legislature which shall comprise a legislative body of
which one-half are elected by inhabitants of the colony;

The term “Colonial Law” shall include laws made for any
colony, either by such Legislature as aforesaid or by Her
Majesty in Council; –

An Act of Parliament, or any provision thereof, shall, in
construing this Act, he said to extend to any colony when it is
made applicable to such colony by the express words or necessary
intendment of any Act of Parliament;

The term “Governor” shall mean the officer lawfully
administering the Government of any colony;

The term “Letters Patent” shall mean letters patent under
the! great seal of the United Kingdom of Great Britain and
re and.

2. Any colonial law, which is or shall be repugnant to the
provisions of any Act of Parliament extending to the colony to
which such law may relate, or repugnant to any order or regula-
tion made under authority of such Act of Parliament, or having
in the colony the force or effect of such Act, shall be read subject
to such Act, order, or regulation, and shall, to the extent of
such repugnancy, but not otherwise, be and remain absolutely
void and inoperative.

3. No colonial law shall be or be deemed to have been,
void or inoperative on the ground of repugnancy to the law of
England, unless the same shall be repugnant to the provisions
of some such Act of Parliament, order, or regulation, as
aforesaid.

4. No colonial law, passed with the concurrence of or
assented to by the Governor of any colony, or to be hereafter
so passed or assented to, shall be, or be deemed to have been,
void or inoperative by reason only of any instructions with
reference to such law, or the subject thereof, which may have
been given to such Governor, by or on behalf of Her Majesty,
by any instrument other than the letters patent or instrument
authorizing such Governor to concur in passing or to assent to
laws for the peace, order, and good government of such colony,
even though such instructions may be referred to in such letters
patent, or last—mez’1tioned instrument.

5. Every colonial Legislature shall have, and be deemed
at all times to have had, full power within its jurisdiction to
establish courts of judicature, and to abolish and reconstitute
the same, and to alter the constitution thereof, and to make
provision for the administration of justice therein; and every
representative Legislature shall, in respect to the colony under
its jurisdiction, have, and be deemed at all times to have had,
full power to make laws respecting the constitution, powers,
and procedure of such Legislature; provided that such laws
shall have been passed in such manner and form as may from
time to time be required, by any Act of Parliament, letters
patent, Order in Council, or colonial law for the time being in
force in the colony.

… .. ___.,u…:,..— —.-~:…— »_..~ ._..,__

,_ 1″!-::” _”‘“”§: ,,«—«—…_.e:_.._.-_

6. The certificate of the clerk or other proper oflicer of a
legislative body in any colony to the effect that the document
to which it is attached is a true copy of any colonial law assented
to by the Governor of such colony, or of any bill reserved for
the signification of Her Majesty’s pleasure by the said Governor,
shall be prima facie evidence that the document so certified is
a true copy of such law or bill, and, as the case may be, that
such law has been duly and properly passed and assented to,
or that such bill has been duly and properly passed and
presented to the Governor; and any proclamation, purporting
to be published by authority of the Governor, in any newspaper
in the colony to which such law or bill shall relate, and signify~
ing Her Majcsty’s disallowance of any such colonial law, or
Her Majesty’s assent to any such reserved bill as aforesaid,
shall be prima facie evidence of such disallowance or assent.

And whereas doubts are entertained respecting the validity
of certain Acts enacted, or reputed to be enacted, by the Legisla-
ture of South Australia: be it further enacted as follows:

‘7. All laws or reputed laws enacted or purporting to have
been enacted by the said Legislature, or by persons or bodies
of persons for the time being acting as such Legislature, which
have received the assent of Her Majesty in Council, or which
have received the assent of the Governor of the said Colony in
the name and on behalf of Her Majesty, shall be and be deemed
to have been valid and effectual from the date of such assent
for all purposes whatever; provided that nothing herein con-
tained shall be deemed to give effect to any law or reputed law
which has been disallowed by Her Majesty, or has expired, or
has been lawfully repealed, or to prevent the lawful disallowance
or repeal of any law.

18955-35

35

Ce) tificd
copies of
laws to be
evidence
that they
are properly
passed.

Proclama-
tion to be
evidence
of assent
and dis-
allowance.

Certain
Acts of
Legislature
of outh
Australia.
to be valid.

TEXT OF
QUEBEC RESOLUTIONS 1864
AND
LONDON RESOLUTIONS 1866

Text, as contained in an Appendix to Correspondence
respecting “The Proposed Union of the British North American
Provinces” presented to both Houses of Parliament of the
United Kingdom, February 8, 1867, comprising (I) “Report
of Resolutions adopted at a Conference of Delegates from the
Provinces of Canada, Nova Scotia and New Brunswick, and
the Colonies of Newfoundland and Prince Edward Island, held
at the City of Quebec, October 10, 1864, as the Basis of a
proposed Confederation of those Provinces and Colonies”;
(II) “Resolutions adopted at a Conference of Delegates from
the Provinces of Canada, Nova Scotia, and New Brunswick,
held at the Westminster Palace Hotel, London, December 4,

1866.”

37

I.——QUEBEC RESOLUTIONS.(2“)

Report of Resolutions adopted at a Conference of Dele-
gates from the Provinces of Canada, Nova Scotia, and
New Brunswick, and the Colonies of Newfoundland
and Prince Edward Island, held at the city of Quebec,
October 10, 1864, as the Basis of a proposed Confed-
eration of those Provinces and Colonies.

1. The best interests and present and future prosperity of
British North America will be promoted by a Federal Union
under the Crown of Great Britain, provided such Union can
be effected on principles just to the several Provinces.

2. in the Federation of the British North American Prov-
inces the system of government best adapted under existing
circumstances to protect the diversified interests of the several
Provinces, and secure efiiciency, harmony, and permanency
in the working of the Union,—~would be a General Govern-
ment charged with matters of common interest to the Whole
country, and Local Governments for each of the Canadas and
for the Provinces of Nova Scotia, New Brunswick, and Prince
Edward Island, charged with the control of local matters in
their respective sections, provision being made for the admission
into the Union on equitable terms of Newfoundland, the North-
west Territory, British Columbia, and Vancouver.

3. In framing a Constitution for the General Government,
the Conference, with a View to’the perpetuation of our con-
nexion with the Mother Country, and to the promotion of
the best interests of the people of these Provinces, desire to
follow the model of the British Constitution, so far as our
circumstances will permit.

4. The Executive Authority or Government shall be vested
in the Sovereign of the United Kingdom of Great Britain and
Ireland, and be administered according to the well understood
principles of the British Constitution by the Sovereign personally
or by the Representative of the Sovereign duly authorized.

5. The Sovereign or Representative of the Sovereign shall
be Commander-in—Chief of the Land and Naval Militia Forces.

6. There shall be a general Legislature or Parliament for
the Federated Provinces, composed of 8. Legislative Council
and 9, House of Commons.

7. For the purpose of forming the Legislative Council, the
F_ede_rated Provinces shall be considered as consisting of three
divisions :——1st, Upper Canada; 2nd, Lower Canada; 3rd,

(5’) For a discussion of the Quebec resolutions see “Note re Conferences at Char-
lottetowfi, Quebec and London (1864-67), Note re Quebec Conference (1864),” by
KIVBF4-0 COMO? Report to the Speaker of the Senate, 1959,” pages 2212036 of Annex

39

40

Quebec Resolutions

Nova _Sc_otia, New Brunswick, and Prince Edward Island;
Each division with an equal representation in the Legislative
ounci .

8. Upper Canada shall be represented in the Legislative
Council by 24 members, Lower Canada by 24 members, and
the three Maritime Provinces by 24 members, of which Nova
Scotia shall have 10, New Brunswick 10, and Prince Edward
Island four members.

9. The Colony of Newfoundland shall be entitled to enter
the proposed Union, with a representation in the Legislative
Council of four members.

10. The North—West Territory, British Columbia, and
Vancouver shall be admitted into the Union, on such terms
and conditions as the Parliament of the Federated Provinces
shall deem equitable, and as shall receive the assent of Her
Majesty; and in the case of the Province of British Columbia
or Vancouver, as shall be agreed to by the Legislature of such
Province.

11. The Members of the Legislative Council shall be
appointed by the Crown under the Great Seal of the General
Government, and shall hold oifice during life; if any Legis-
lative Councillor shall, for two consecutive sessions of Parlia-
ment, fail to give his attendance in the said Council, his seat
shall thereby become vacant.

12. The Members of the Legislative Council shall be
British subjects by birth or naturalization, of the full age of
30 years, shall possess a continuous real property qualification
of four thousand dollars over and above all incumbrances,
and shall be and continue worth that sum over and above
their debts and liabilities, but in the case of Newfoundland
and Prince Edward Island the property may be either real
or personal.

13. If any question shall arise as to the qualification of a
Legislative Councillor, the same shall be determined by the
Council.

14. The first selection of the Members of the Legislative
Council shall be made, except as regards Prince Edward Island,
from the Legislative Councils of the various Provinces, so
far as a sufficient number be found qualified and willing to
serve. Such Members shall be appointed by the Crown at
the recommendation of the General Executive Government,
upon the nomination of the respective Local Governments;
and in such nomination due regard shall be had to the claims
of the Members of the Legislative Council of the opposition
in each Province, so that all political parties may as nearly
as possible be fairly represented.

15. The Speaker of the Legislative Council (unless other-
wise provided by Parliament) shall be appointed by the Crown
from among the Members of the Legislative Council, and shall
hold office during pleasure, and shall only be entitled to a
casting vote on an equality of votes.

16. Each of the 24 Legislative Councillors representing
Lower Canada in the Legislative Council of the General Legis-

…. ‘.0…

Quebec Resolutions.

lature shall be appointed to represent one of the 24 electoral
divisions mentioned in Schedule A. of Chapter 1st of the Con-
solidated Statutes of Canada, and such Councillor shall reside
or possess his qualification in the division he is appointed to
represent.

17. The basis of Representation in the House of Com-
mons shall be population, as determined by the oflicial census
every 10 years; and the number of Members at first shall be
194, distributed as follows:

Upper Canada . . . . . . . . . . . . . . . . . . . . . . . . . . .. 82

Lower Canada . . . . . . . . . . . . . . . . . . . . . . . 65
Nova Scotia. . . . 19
New Brunswick. 15
Newfoundland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
and Prince Edward Island . . . . . . . . . . . . . . . . . .‘ 5

18. Until the official census of 1871 has been made up,
there shall be no change in the number of Representatives
from the several sections.

19. Immediately after the completion of the census of
1871, and immediately after every decennial census there—
after, the representation from each section in the House of
Commons shall be re—adjusted on the basis of population.

2. For the purpose of such re—adjustments, Lower Canada
shall always be assigned 65 Members, and each of the other
sections shall at each re—adjustment receive for the 10 years
then next succeeding, the number of members to which it will
be entitled on the same ratio of representation to population
as Lower Canada will enjoy according to the census last taken
by having 65 members.

21. No reduction shall be made in the number of Members
returned by any -section unless its population shall have
decreased relatively to the population of the whole Union
to the extent of five per centum.

22. In computing at each decennial period the number of
Members to which each section is entitled, no fractional parts
shall be considered unless when exceeding one—ha1f the number
entitling to a Member, in which case a Member shall be given
for each such fractional part.

23. The Legislature of each Province shall divide such
Province into the proper number of constituencies, and define
the boundaries of each of them.

_ 24. The Local Legislature of each Province may, from
time to time, alter the electoral districts for the purposes of
representation in the House of Commons, and distribute the
Representatives to which‘the Province is entitled, in any
manner such Legislature may think fit.

25. The number of Members may at any time be increased
by the General Parliament, regard being had to the propor-
tionate rights than existing. V

26. Until provisions are made by the General Parliament all
the laws which at the date of the Proclamation constituting

18955—~4

41

42

Quebec Resolutions.

the Union are in force in the Provinces respectively relating
to the qualification and disqualification of any person to be
elected or to sit or vote as a Member of the Assembly in the said
Provinces 1’espectively—-and relating to the qualification or
disqualification of voters, and to the oaths to be taken by
voters, and to Returning Officers and their powers and duties
wand relating to the proceedings at elections,—~and to the
period during which such elections may be continued,——and
relating to the trial of controverted elections, and the pro-
ceedings incident tl1ereto,—~and relating to the vacating of
seats of Mernbers,~—and the issuing and execution of new
writs in case of any seat being vacated otherwise than by a
dissolutio11,-—shall respectively apply to elections of Members
to serve in the House of Commons, for places situate in those
Provinces respectively.

27. Every House of Commons shall continue for five years
from the day of the return of the writs choosing the same,
and no longer, subject, nevertheless, to be sooner prorogued
or dissolved by the Governor.

28. There shall be a. Session of the General Parliament
once at least in every year, so that a period of 12 calendar
months shall nor intervene between the last sitting of the
General Parliament in one session and the first sitting thereof
in the next session.

29. The General Parliament shall have power to make
Laws for the peace, welfare and good Government of the
Federated Provinces (saving the Sovereignty of England),
and especially Laws respecting the following subjects:———

1. The Public Debt and Property.

2. The Regulation of Trade and Commerce.

3. The imposition or regulation of Duties of Customs on
Imports and Exports, except on Exports of Timber,
Logs, Masts, Spars, Deals, and Sawn Lumber, and
of Coal and other minerals.

4. The imposition and regulation of Excise Duties.

5. The raising of money by all or any other modes or
systems of Taxation.

6. The borrowing of money on the public credit.

7. Postal service.

8. Lines of Steam or other Ships, Railways, Canals and
other works, connecting any two or more of the
Provinces together, or extending beyond the limits
of any Province.

9. Lines of Steamships between the Federated Provinces
and other Countries.

10. Telegraphic communication and the incorporation of
Telegraph Companies.

11. All such works as shall, although lying wholly within
any Province, be specially declared by the Acts
authorizing them to be for the general advantage.

12. The Census.

13. Militia—-Military and Naval Service and Defence.

14. Beacons, Buoys, and Lighthouses.

._.._.._….._…..: ..q—-m-—a….L.‘a,-—.«.—…..— <3.–a-——~—-

Quebec Resolutions.

15. Navigation and Shipping.

16. Quarantine.

17. Sea Coast and Inland Fisheries.

18, Ferries between any Province and a Foreign Country,

or between any two Provinces.
19. Currency and Coinage.
20. Banking, incorporation of Banks, and the issue of paper
money.

21. Savings Banks.

22. Weights and Measures.

23. Bills of Exchange and Promissory Notes.

24. Interest.

25. Legal Tender.

26. Bankruptcy and Insolvency.

27. Patents of Invention and Discovery.

28. Copyrights.

29. Indians and Lands reserved for the Indians.

30. Naturalization and Aliens.

31. Marriage and Divorce.

32. The Criminal Law, excepting the Constitution of
Courts of Criminal Jurisdiction, but including the
Procedure in Criminal matters.

33. Rendering uniform all or any of the laws relative to
property and civil riglits in Upper Canada, Nova
Seotia, New Brunswick, Newfoundland, and Prince
Edward Island, and rendering uniform the procedure
of all or any of the Courts in these Provinces; but
any Statute for this purpose shall have no force or
authority in any Province until sanctioned by the
Legislature thereof.

34. The establishment of a General Court of Appeal for
the Federated Provinces.

35. Immigration.

36. Agriculture.

37. And generally respecting all matters of a general
character, not specially and exclusively reserved for
the Local Governments and Legislatures.

30. The General Government and Parliament shall have
all powers necessary or proper for performing the obligations
of the Federated Provinces, as part of the British Empire,
to Foreign Countries, arising under Treaties between Great
Britain and such Countries. ‘

31. The General Parliament may also from time to time

establish additional Courts, and the General Government
may appoint Judges and Oflieers thereof, when the same shall
appear necessary or for the public advantage, in order to the
due execution of the Laws of Parliament.
. 32. All Courts, Judges, and Officers of the several Prov-
inces shall 8.1d,.8.SSi§l3, and obey the General Government in
the exercise of its rights and powers, and for such purposes
shall be held to be Courts, Judges, and Officers of the General
Government.

18955-4%

44

Quebec Resolutions.

33. The General Government shall appoint and pay the
Judges of the Superior Courts in each Province and of the
County Courts of Upper Canada, and Parliament shall fix
their salaries.

34. Until the Consolidation of the Laws of Upper Canada,
New Brunswick, Nova Scotia, Newfoundland, and Prince
Edward Island, the Judges of these Provinces appointed by
t].3he General Government shall be selected from their respective

ars.

35. The Judges of the Courts of Lower Canada shall be
selected from the Bar of Lower Canada.

36. The Judges of the Court of Admiralty now receiving
salaries shall be paid by the General Government.

37. The Judges of the Superior Courts shall hold their
offices during good behaviour, and shall be removable only
on the Address of both Houses of Parliament.

Local Government

38. For each of the Provinces there shall be an Executive
Ofiicer, styled the Lieutenant—Governor, who shall be appointed
by the Governor General in Council, under the Great Seal
of the Federated Provinces, during pleasure; such pleasure not
to be exercised before the expiration of the first five years,
except for cause, such cause to be communicated in writing
to the Lieutenant~Governor immediately after the exercise of
the pleasure as aforesaid, and also by Messages to both Houses
of Parliament, within the first week of the first Session after-
wards.

39. The Lieutenant-Governor of each Province shall be
paid by the General Government.

40. In undertaking to pay the salaries of the Lieutenant-
Governors, the Conference does not desire to prejudicethe
claim of Prince Edward Island upon the Imperial Government
for the amount now paid for the salary of the Lieutenant-
Governor thereof.

41. The Local Government and Legislature of each Pro-
vince shall be constructed in such manner as the existing Legis-
lature of such Province shall provide.

42. The Local Legislatures shall have power to alter or
amend their Constitution from time to time.

43. The Local Legislatures shall have power to make
Laws respecting the following subjects: .
1. Direct Taxation and the imposition of Duties on the
export of Timber, Logs, Masts, Spars, Deals, and
Sawn Lumber, and of Coals and other Minerals.
2. Borrowing Money on the credit of the Province.
3. The establishment and tenure of Local Oflices, and the
appointment and payment of Local Oificers.
4. Agriculture.
5. Immigration.

» .:-..‘.. ,.-a….__._.. ..____.-_~..

E

A”I- -Q

‘ .< cl 9. “A Quebec Resumtions. 6. Education; saving the right» and privileges which the Protestant or Catholic minority in both Canadas may possess as to their Denominational Schools at the time when the Union goes into operation. 7. The sale and management of Public Lands, excepting Lands belonging to the General Government. 8. Sea Coast and Inland Fisheries. 9. The establishment, maintenance, and management of Penitentiarios, and of Public and Reformatory Prisons, 10. The establishment, maintenance, and management of Hospitals, Asylums, Charities. and Eleemcsynary Institutions. 11. Municipal Institutions. 12. Shop, Saloon, Tavern, Auctioneer, and other Licences. 13. Local Works. 14. The Incorporation of private or local Companies, except such as relate to matters assigned to the General Parliament. 15. Property and civil rights, excepting those portions thereof assigned to the General Parliament. 16. Inflicting punishment. by fine, penalties. imprison- ment, or otherwise for the breach of laws passed in relation to any subject within their jurisdiction. 17. The Administration of Justice, including the consti- tution, maintenance, and organization of the Courts, both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil Matters. 18. And generally all matters of a private or local. nature, not assigned to the General Parliament. 44. The power of respiting, reprieving, and pardoning- prisoners convicted of crimes, and of commuting and remitting of sentences in whole or in part, which belongs of right to the Crown, shall be administered by the Licutenant—Governor of each Province in Council, subject to any instructions he may from time to time receive from the General Government, and subject to any provisions that may be made‘ in this behalf by the General Parliament. Miscellaneous 4.5. In regard to all subjects over which jurisdiction belongs to both the General and Local Legislatures, the laws of the General Parliament shall control and supersede those made by the Local Legislature, and the latter shall be void as far as they are repugnant to or inconsistent with the former. 46. Both the English and French languages may be em- ployed in the General Parliament and in its proceedings, and in the Local Legislature of Lower Canada, and also in the Federal Courts and in the Courts of Lower Canada. 47. No lands or property belonging to the General or Local Government shall be liable to taxation. 48. All bills for. appropriating any part of the public revenue, or for imposing any new tax or impost, shall originate 45 46 Quebec Resolutions. in the House of Commons or the House of Assembly, as the case may be. 49. The House of Commons or House of Assembly shall not originate 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, not first recommended by Message of the Governor-General or the Lieutenant~Governor, as the case may be, during the session in which such vote, resolution, address, or bill is passed. 50. Any bill of the General Parliament may be reserved in the usual manner for Her Majesty’s assent, and any bill of the Local Legislatures may in like manner be reserved for the consideration of the Governor-General. 51. Any bill passed by the General Parliament shall be subject to disallowance by Her Majesty within two years, as in the case of bills passed by the Legislatures of the said Provinces hitherto, and in like manner any bill passed by a Local Legis- lature shall be subject to disallowance by the Governor—General within one year after the passing thereof. 52. The seat of Government of the Federated Provinces shall be Ottawa, subject to the Royal Prerogative. 53. Subject to any future action of the respective Local Governments, the seat of the Local Government in Upper Canada shall be Toronto; of Lower Canada, Quebec; and the seats of the Local Governments in the other Provinces shall be as at present. Property and Liabilities 54. All stocks, cash, bankers’ balances, and securities for money belonging to each Province at the time of the Union, except as herein—after mentioned, shall belong to the General Government. _ 55‘ The following public Works and property of each Province shall belong to the General Government, to wit:—- . Canals; . Public harbours; . Lighthouses and piers; . Steamboats, dredges, and public vessels; . River and lake improvements; .Railway and railway stocks, mortgages, and other debts due by railway companies; Military roads; . Custom houses, post offices, and other public buildings, except such as may be set aside by the General Govern- ment for the use of the Local Legislatures and G ovcrnments; 91 Property transferred by the Imperial Government, and known as Ordnance property; 10. Armouries, drill sheds, military clothing, and munitions of war; and 11. Lands set apart for public purposes. oo‘~1 C:c7zy4><‘.0l\’>b—-

E

yuuxi

=4: 1’‘;-

1

Quebec Resolutions.

56. All lands, mines, minerals, and royalties vested in Her
Majesty in the Provinces of Upper Canada, Lower Canada,
Nova Scotia, New Brunswick, and Prince Edward Island, for
the use of such Provinces, shall belong to the Local Government
of the territory in which the same are so situate; subject to any
trusts that may exist in respect to any of such lands or to any
interest of other persons in respect of the same.

57. All sums due from purchasers or lessees of such lands,
mines, or minerals at the time of the Union shall also belong
to the local Governments.

58. All assets connected with such portions of the public
debt of any Province as are assumed by the Local Governments
shall also belong to those Governments respectively.

59. The several Provinces shall retain all other public
property therein subject to the right of the General Govern-
ment to assume any lands or public property required for
fortifications or the defence of the country.

60. The General Government shall assume all the debts
and liabilities of each Province.

61. The debt of Canada not specially assumed by Upper
and Lower Canada respectively, shall not exceed at the time
of the Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $62,500,000

Nova Scotia shall enter the Union with a

debt not exceeding . . . . . . . . . . . . . . . . . . . 8,000,000
And New Brunswick with a debt not ex-
ceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 7,000,000

62. In case Nova Scotia or New Brunswick do not incur
liabilities beyond those for which their Governments are now
bound, and which shall make their debts at the date of Union
less than $8,000,000 and $7,000,000 respectively, they shall be
entitled to interest at 5 per cent. on the amount not so incurred,
in like manner as is herein-after provided for Newfoundland
and Prince Edward Island; the foregoing Resolution being in
no respect intended to limit the powers given to the respective
Governments of those Provinces by legislative authority, but
only to limit the maximum amount of charge to be assumed
by the General Government. Provided always, that the powers
so conferred by the respective Legislatures shall be exercised
within five years from this date, or‘ the same shall then lapse.

‘ 63. Newfoundland and Prince Edward Island, not having
incurred debts equal to those of the other Provinces, shall be
entitled to receive by half~yearly payments in advance from
the General Government the interest at five per cent. on the
diflerence between the actual amount of their respective debts
at the time of the Union, and the average amount of indebtedness
pger headlof the population of Canada, Nova Scotla, and New
runswic <. 64. In consideration of the transfer to the General Parlia- ment. of the powers of taxation, an annual grant in aid of each Province shall be made, equal to 80 cents per head of the popu- 19«l31°11; as established by the census of 1861, the population of Newfoundland being estimated at 130,000. Such aid shall be 47 Quebec Resolutions. in full settlement of all future demands upon the General. Government for local purposes, and shall be paid half—yea1’1y in advance to each Province. .65. The position of New Brunswick being such as to entail large immediate charges upon her local revenues, it is agreed that for the period of 10 years from the time when the Union takes effect an additional allowance of $63,000 per annum shall be made to that Province. But that so long as the liability of that Province remains under $7,000,000, a deduction equal to the interest on such deficiency shall be made from the $63,000. 66. In consideration of the surrender to the General Government by Newfoundland of all its rights in mines and minerals, and of all the ungranted and unoccupied lands of the Crown, it is agreed that the sum of $150,000 shall each year be paid to that Province, by semi—annual payments. Provided that that Colony shall retain the right of opening, constructing, and controlling roads and bridges through any of the said lands, subject to any laws which the General Parlia- ment may pass in respect of the same. 67. All engagements that may before the Union be entered into with the Imperial Government for the defence of the country shall be assumed by the General Government. 68. The General Government shall secure without delay the completion of the Intercolonial Railway from Riviére—du- Loup through New Brunswick to Truro in Nova Scotia. 69. The communications with the N0rth—western Territory and the improvements required for the development of the trade of the Great West with the Seaboard, are regarded by this Conference as subjects of the highest importance to the Federated Provinces, and shall be prosecuted at the earliest possible period that the state of the finances will permit. 70. The sanction of the Imperial and Local Parliaments shall be sought for the Union of the Provinces, on the principles adopted by the Conference. 71. That Her Majesty the Queen be solicited to determine the rank and name of the Federated Provinces. 72. The proceedings of the Conference shall be authen- ticated by the signatures of the Delegates, and submitted by each Delegation to its own Government, and the’Chairman is authorized to submit a copy to the Governor General for trans- mission to the Secretary of State for the Colonies. I certify that the above is a true copy of the original Report of Resolutions adopted in Conference. E. P. TACHE, Chcimzan. _\ 2–Ag. ,-_. II.v—LONDON RESOLUTIONS.(“) Resolutions adopted at a Conference of Delegates from the Provinces of Canada, Nova Scotia, and New Brunswick, held at the Westminster Palace Hotel, London, December 4, 1866. 1. The best interests and present and future prosperity of British North America will be promoted by a Federal Union under the Crown of Great Britain, provided such Union can be effected on principles just to the several provinces. ‘2. In the Confederation of the British North American provinces the system of government best adapted under existing circumstances to protect the diverisified interests of the several provinces and secure efficiency, harmony, and permanency in the working of the Union is a General Government charged with matters of common interest to the whole country and Local Governments for each of the Canadas, and for the pro- vinces of Nova Scotia and New Brunswick, charged with the control of local matters in their respective sections, provision being made for the admission into the Confederation on equitable terms of Newfoundland, Prince Edward Island, the North- west Territory, and British Columbia. 3. In framing a Constitution for the General Government the Conference, with a view to the perpetuation of the con— nexion with the mother country, and the promotion of the best interests of the people of these Provinces, desire to follow the model of the British Constitution so far as circumstances will permit. I 4:. The Executive Authority or Government shall be vested in the Sovereign of the United Kingdom of Great Britain and lreland, and be administered according to the well—understood principles of the British Constitution by the Sovereign person- ally, or by the representative of the Sovereign duly authorized. 5. The Sovereign shall be Commander-in—Chief of the Land and Naval Militia Forces. 6. There shall he a General Legislature or Parliament for the Confederation, composed of the Sovereign, a Legislative Council, and a House of Commons. 7. For_thc purpose of forming the Legislative Council the Confederation shall be considered as consisting of three divi- (“) I‘ d‘ ‘ ‘ $0.42: eszrsztzistz{si%?t,W°°’°“ Dot/elre 1 rocecdings of London Conference (18G6~67). Detailed Comparison Quebec~London Resolutions. etmled Compzmson London R,esolutions«E.N.A. Act. g§>,11%>1″€%?-n<(:;>’Cli.N.AL£iet—London Resolutions and Drafts.” 5 I
_ . . rm
Di Annex No‘ 4’ or egrmrt to the Speaker oflhe Senate, 1959. pages 7 to 21
49

50

London Resolutions.

sions:—~1st, Upper Canada; 2nd, Lower Canada, and 3rd,
Nova Scotia and New Brunswick; each division with an equal
representation in the Legislative Council.

8. Upper Canada shall be represented in the Legislative
Council by 24 members, Lower Canada by 24 members, and
the Maritime Provinces by 24 members, of which Nova Scotia
shall have twelve and New Brunswick twelve members.

9. The Colony of Prince Edward Island when admitted
into the Confederation shall be entitled to a representation of
four members in the Legislative Council. But in such case
the members allotted to Nova Scotia and New Brunswick
shall be diminished to 10 each, such diminution to take place
in each province as vacancies occur.

10. The Colony of Newfoundland when admitted into the
Confederation shall be entitled to a representation in the
Legislative Council of four members.

11. The North-west Territory and British Columbia shall
be admitted into the Union on such terms and conditions as
the Parliament of the Confederation shall deem equitable and
as shall receive the assent of the Sovereign, and in case of the
Province of British Columbia as shall be agreed to by the
Legislature of such Province.

12. The members of the Legislative Council shall be

a pointed by the Crown under the Great Seal of the General

overnment from among residents of the Province for which

they are severally appointed, and shall hold offico during life.

If any legislative Councillor shall for two consecutive sessions

of Parliament fail to give his attendance in the said Council
his seat shall thereby become vacant.

13. The members of the Legislative Council shall be
British subjects by birth or naturalization, of the full age of
30 years, shall each possess in the province for which they are
appointed a continuous real property qualification of 4,000
dollars over and above all inculnbrances, and shall be and
continue worth that sum over and above their debts and
liabilities, and shall possess a continuous residence in the
province for which they are appointed, except in the case of
persons holding positions which require their attendance at
the seat of Government pending their tenure of oflfice.

14. If any question shall arise as to the qualification of a
legislative councillor, the same shall be determined by the
Legislative Council.

15. The members of the Legislative Council for the Con-
federation shall in the first instance be appointed upon the
nomination of the Executive Governments of Canada, Nova
Scotia and New Brunswick respectively, and the number
allotted to each Province shall be nominated from the Legis-
lative Councils of the different Provinces, due regard being
bad to the fair representation of both political parties; but in
case any member of the Local Council, so nominated, shall
decline to accept it, it shall be competent for the Executive
Government in any Province to nominate in his place a person
who is not a member of the Local Council.

London Resolutions.

16. The Speaker of the Legislative Council (unless other-
wise provided by Parliament) shall be appointed by the Crown
from among the members of the Legislative Council, and shall
hold ofiice during pleasure, and shall only be entitled to a
casting vote on an equality of votes.

17. Each of the twcnty—four Legislative Councillors,
representing Lower Canada, in the Legislative Council of the
General Legislature shall be appointed to represent one of the
twcnty~four electoral divisions mentioned in Schedule A of
Chapter 1, of the Consolidated Statutes of Canada, and such
councillor shall reside or possess his qualification in the division
he is appointed to represent.

18. The basis of representation in the House of,C0mmons
shall be population, as determined by the official census every
ten years, and the number of members, at first, shall be 181,
distributed as follows :—‘-

Upper Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Lower Canada. . . , . . . . . . . . . . . . . . . . . . . 65
Nova Scotia. . . 19
New Brunswick . . . . . . . . . . . . . . . . . . i . . . . 15

19. Until the first general election after the official census
of 1871 has been made up there shall be no change in the number
of representatives from the several sections.

20. Immediately after the completion of the census of
1871, and immediately after every decennial census thereafter,
the representation from each Province in the House of Commons
shall be re—adjusted on the basis of population, such re—adjust-
ment to take effect upon the termination of the then existing
Parliament.

21. For the purpose of such re—adjustinents, Lower Canada
shall_always be assigned 65 members, and each of the other
Provinces shall, at each re—adjustment, receive for the ten
years then next succeeding the number of members to which
it will be entitled on the same ratio of representation to
population as Lower Canada will enjoy according to the census
then last taken by having 65 members.

22. No reduction shall be made in the number of members
returned by any Province unless its population shall have
decreased relatively to the population of the whole Union,
to the extent of 5 per centuin.

23. In computing at each decennial period the number of
members to which each Province is entitled, no fractional
Parts Shall considered, unless when exceeding onc~half the
number entitling to a member, in which case a member shall
be given for each such fractional part.

24. The number of members may at any time be increased
by the General Parliament, regard being had to the proportionate
rights then existing.

25. Until provisions are made by the General Parliament,
all the laws which at the date of the proclamation constituting
the Union are in force in the Provinces respectively, relating

51

52

London Resolutions.

to the qualification and disqualification of any person to be
elected, or to sit or vote as a member of the Assembly in the
said Provinces respectively, and relating to the qualification or
disqualification of voters, and to the oaths to be taken by
voters, and to returning officers and their powers and duties,
and relating to the proceedings at elections and to the period
during which such elections may be continued, and relating
to the trial of eontroverted elections and the proceedings
incident thereto and relating to the vacating of seats of members
and to the issuing and execution of new writs in case of any
seat being vacated otherwise than by a dissolution, shall
respectively apply to elections of members to serve in the
House of Commons, for places situate in those Provinces
respectively.

26. Every House of Commons shall continue for five years
from the day of the return of the writs choosing the same,
and no longer; subject, nevertheless, to be sooner prorogued
or dissolved by the Governor General.

27. There shall be a session of the General Parliament
once at least in every year, so that a period of twelve calendar
months shall not intervene between the last sitting of the
General Parliament in one session and the first sitting thereof
in the next session.

28. The General Parliament shall have power to make
laws for the peace, welfare, and good government of the Con-
federation (saving the sovereignty of England), and especially
laws respecting the following subjects :~-—

(1) The public debt and property.

(2) The regulation of trade and commerce.

(3) The raising of money by all or any mode or system of
taxation.

(4) The borrowing of money on the public credit.

(5) Postal service.

(6) Lines of steam or other ships, railways, canals, and
other works connecting any two or more of the
Provinces together, or extending beyond the limits of
any Province.

(7) Lines of steam ships between the Confeclerated
Provinces and other countries.

(8) Telegraphic communication and the incorporation of
telegraph companies.

(9) All such works as shall, although lying wholly within
any Province, be specially declared by the Acts
authorizing them to be for the general advantage.

(10) The census and statistics.

(11) Militia, military and naval service and defence.

(12) Beacons, buoys, lighthouses, and Sable Island.

(13) Navigation and shipping.

(14) Quarantine.

(15) Sea coast and inland fisheries.

(16) Ferries between any Province and a foreign country,

or between any two Provinces.

~..-.,,… _. _ »…__.__.,.._ _~._… .. —

London Resolutions.

(17) Currency and coinage.

(18) Banking, incorporation of banks, and the issue of
paper money.

(19) Savings banks.

(20) Weights and measures.

(21) Bills of exchange and promissory notes.

(22) Interest.

(23) Legal tender.

(24) Bankruptcy and insolvency.

(25) Patents of invention and discovery.

(26) Copyrights.

(27) Indians, and lands reserved for the Indians.

(28) Naturalization and aliens.

(29) Marriage and divorce.

(30) The criminal law, excepting the constitution of Courts
of Criminal Jurisdiction, but including the procedure
in criminal matters.

(31) The establishment, maintenance, and management of
penitentiarics.

(32) Rendering uniform all or any of the laws relative to
property and civil rights in Upper Canada, Nova
Scotia, and New Brunswick, and rendering uniform
the procedure of all or any of the Courts in these
Provinces; but any statute for this purpose shall have
no force or authority in any Province until sanctioned
by the Legislature thereof; and the power of repealing,
amending, or altering such laws shall henceforward
remain with the General Parliament only.

(33) The establishment of a General Court of Appeal for
the Confederation.

(34) Immigration.

(35) Agriculture.

(36) And generally respecting all matters of a general
character not specially and exclusively reserved for
the Local Legislatures.

29. The General Government and Parliament shall have
all powers necessary or proper for pcrforrning the obligations
of the Confederation, as part of the British Empire, to Foreign
countries arising under treaties between Great Britain and
such countries.

30. The powers and privileges of the House of Commons
of the United Kingdom of Great Britain and Ireland shall be
held to appertain to the House of Commons of the Confederation,
and the powers and privileges appertaining to the House of
Lords in its legislative capacity shall be held to appertain to
the Legislative Council.

The General Parliament may from time to time establish
additional courts, and the General Government may appoint
Judges and oflicers thereof, when the same shall appear necessary
or for the public advantage, in order to the due execution of
the laws of such Parliament. ‘

54.

London Resolutions.

32. All Courts, judges and officers of the several Provinces
shall aid, assist, and obey the General Government in the
exercise of its rights and powers, and for such purposes shall
be held to be courts, judges, and officers of the General Govern-
ment.

33. The General Government shall appoint and pay the
salaries of the judges of the superior and district and county
Courts in each Province, and Parliament shall fix their salaries.

34. Until the consolidation of the laws of Upper Canada,
Nova Scotia, and New Brunswick, the judges of these Provinces
appointed by the General Government shall be selected from
their respective bars.

35. The judges of the courts of Lower Canada shall be
selected from the bar of Lower Canada.

36. The judges of the Court of Admiralty shall be paid
by the General Government.

37. The judges of the Superior Courts shall hold their
offices during good behaviour, and shall be removable on the
address of both Houses of Parliament.

38. For each of the Provinces there shall be an executive
officer styled the Governor, who shall be appointed by the
Governor—Gcneral in Council, under the Great Seal of the
Confederation, during pleasure; such pleasure not to be exercised
before the expiration of the first five years except for cause,
such cause to be communicated in writing to the Governor
immediately after the exercise of the pleasure as aforesaid,
and also by message to both Houses of Parliament within the
first week of the first session afterwards, but the appointment
of the first Governors shall be provisional and they shall hold
office strictly during pleasure.

39. The Governor of each Province shall be paid by the
General Government.

40. The Local Government and Legislature of each Pro-
vince shall be constructed in such manner as the Legislature
of each such Province shall provide.

41. The Local Legislature shall have power to make laws
respecting the following subjects :—

(1) The altering or amending their constitution from
time to time.

(2) Direct taxation, and in the case of New Brunswick
the right of levying timber dues by the mode and
to the extent now established by law, provided such
timber is not the produce of the other Provinces.

(3) Borrowing money on the credit of the Province.

(4) The establishment and tenure of local oflices, and the
appointment and payment of local officers.

(5) Agriculture.

(6) Immigration.

(7) Education, saving the rights and privileges which the
Protestant or Catholic minority in any Province may
have by law as to denominational schools at the time

._…….x—.._,,_ __ ..-.__—._.— .47…. _. .——_

,x

.,\

London Resolutions.

when the Union goes into operation. And in any
Province where a system of separate or dissentient
schools by law obtains, or Where the Local Legislation
may hereafter adopt a system of separate or dissentient
schools, an appeal shall lie to the Governor—Gcncral
in Council of the General Government, from the acts
and decisions of the local authorities, which may affect
the rights or privileges of the Protestant or Catholic
minority in the matter of education. And the General
Parliament shall have power in the last resort to
legislate on the subject.

(8) The sale and management of public lands, excepting
lands belonging to the General Government.

(9) The establishment, maintenance, and management of
public and rcformatory prisons.

(10) The establishment, maintenance, and management of
hospitals, asylums, charities, and cleemosynary insti-
tutions, except marine hospitals.

(11) Municipal institutions.

(12) Shop, saloon, tavern, auctioneer, and other licences
for local revenue.

(13) Local works.

(14) The incorporation of private or local companies,
except such as relate to matters assigned to the General
Parliament.

(15) Property and civil rights (including the solemnization
of marriage), excepting portions thereof assigned to
the General Parliament.

(16) Infiicting punishment by fine, penalties, imprisonment,
or otherwise, for the breach of laws passed in relation
to any subject within their jurisdiction.

(17) The administration of justice, including the consti-
tution, maintenance, and organization of the courts,
both of civil and criminal jurisdiction, and including
also the procedure in civil matters.

(18) And generally all matters of a private or local nature
not assigned to the General Parliament.

_ 42. All the powers, privileges, and duties conferred and
imposed upon Catholic separate schools and school trustees in
Upper Canada, shall be extended to the Protestant and Catholic
dissentient schools in Lower Canada.

1 43. The power of respiting, reprieving, and pardoning
prisoners convicted of crimes, and of commuting and remitting
of sentences, in whole or in part, which belongs of right to the
CTOWD: Shall, except in capital cases, be administered by the
Governor of each Province in Council, subject to any instructions
he may from time to time receive from the General Government,
and Sllblcct to any provisions that may be made in this behalf
by the General Parliament,

4:. In regard to all subjects over which jurisdiction belongs
to both the General and Local Legislatures, the laws of the
General Parliament shall control and supersede those made by
the Local Legislature, and the latter shall be void so far as
they are repugnant to or inconsistent with the former,

55

56

London Resolutions.

45. Both the English and French languages may be em-
ployed in the General Parliament, and in its proceedings, and
in the Local Legislature of Lower Canada, and also in the
Federal courts, and in the courts of Lower Canada.

46. No lands or property belonging to the General or
Local Governments shall be liable to taxation.

4.7. All Bills for appropriating any part of the public
revenue, or for imposing any tax or impost, shall originate in
Elie House of Commons or House of Assembly as the case may

e.

48. The House of Commons or House of Assembly shall
not originate 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 not first recommended by message
of the Governor—General or the Governor, as the case may be,
during the session in which such vote, resolution, address, or
Bill is passed.

49. Any Bill of the General Parliament may be reserved
in the usual manner for Her Majcsty’s assent, and any Bill
of the Local Legislatures may, in like manner, be reserved for
the consideration of the Governor—General.

50. Any Bill passed by the General Parliament shall be
subject to disallowanee by Her Majesty within two years, as
in the case of Bills passed by the Legislatures of the said Prov-
inces hitherto; and in like manner any Bill passed by a Local
Legislature shall be subject to disallowanee by the Governor-
General within one year after the passing thereof.

51. The seat of Government of the Confederation shall be
Ottawa, subject to the Royal Prerogative.

52. Subject to any future action of the respective Local
Governments, the seat of the Local Governments in Upper
Canada shall be Toronto; of Lower Canada Quebec; and the
seats of the Local Governments of the other Provinces shall be
as at present.

53. All stocks, cash, bankers’ balances, and securities for
money belonging to each Province at the time of the Union,
except as herein-after mentioned, shall belong to the General
Government.

54. The following public works and property of each
Province shall belong to the General Government, to wit:——

(1) Canals.

(2) Public harbours.

(3) Light-houses and piers, and Sable Island.

(4) Steam—boats, 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—oflices, and all other public
buildings, except such as may be set aside by the

_u_

ll

—_.___.—–—.._… .._. ._._ .. 4.

London Resolutions.

, General Government for the use of the Local Legis-
– latures 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.

‘ 55. All lands, mines, minerals, and royalties vested in Her
Majesty in the Provinces of Upper Canada, Lower Canada,
Nova Scotia, and New Brunswick, for the use of such Provinces,
‘ shall belong to the Local Government of the territory in which
– the same are so situate, subject to any trusts that may exist
in respect of any such lands, or to any interest of other persons
W In respect of the same.

. 56. All sums due from purchasers or lessees of such lands,
mines, or minerals at the time of the Union shall also belong to

~ the Local Government.
~‘ 57. All assets connected with such portions of the public
debt of any Province as are assumed by the Local Governments,
~‘ shall also belong to those Governments respectively.

58. The several Provinces shall retain all other public
property therein subject to the right of the General Government
~ to assume any lands or public property required for fortifications
or the defence of the country.

. The General Government shall assume the debts and
liabilities of each Province.

60. The debt of Canada, not specially assumed by Upper

and Lower Canada respectively shall not exceed at the time

’ of the Union 62,500,000 dollars. Nova Scotia shall enter the
F Union w1th a debt not exceeding 8,000,000 dollars, and New
Brunswick with a debt not exceeding 7,000,000 dollars. But

, this stipulation is in no respect intended to limit the powers
E1V_e11 to the respective Governments of those Provinces by

legislative authority, but only to determine the maximum

amount of charge to be assumed by the General Government.

I
I‘ 61. In case Nova Scotia or New Brunswick should not

r have contracted debts at the date of Union equal to the amount
; with W_lllCl1 they are respectively entitled to enter the Con-
! federation, they shall receive by half~yearly payments in
I advance from the General Government the interest at 5 per
2’ cent. on the difference between the actual amount of their

refipective debts and such stipulated amounts.

( 62. In consideration of the transfer to the General Parlia-
‘ Inont of the powers of taxation, the following sums shall be
Paid by the General Government to each Province for the

Sllppflrt of their Local Governments and Legislatures :—~

Upper Canada . . . . . . . . . . . . . . . . . . . . . .,.s 80,000

I Lrower Canada. . . . 70,000

‘ 1\ova Scotia . . . . . . . . . . . . . . . . . . . . . . . . . 60,000
New Brunswick . . . . . . . . . . . . . . . . . . . . . . . 50,000 ,

Total . . . . . . . . . . . . . . . . . . . . . . . . . .$260,000

London Resolutions.

And an annual grant in aid of each Province shall be made
equal to 80 cents per head of the population, as established
by the census of 1861; and in the case of Nova Scotia and New
Brunswick by each subsequent decennhal census, until the
population of each of those Provinces shall amount to 400,000
souls, at which rate it shall thereafter remain. Such aid shall
be in full settlement of all future demands upon the General
Government for local purposes, and shall be paid half-yearly
in advance to each Province; but the General Government
shall deduct from such subsidy all sums paid as interest on the
public debt of any Province in excess of the amount provided
under the 60th resolution.

63. The position of New Brunswick being such as to entail
large immediate charges upon her local revenues, it is agreed
that for the period of ten years from the time when the Union
takes effect an additional allowance of 63,000 dollars per annum
shall be made to that Province; but that so long as the liability
of that Province remains under 7,000,000 dollars, a deduction
equal to the interest on such deficiency shall be made from
the 63,000 dollars.

_ 64. All engagements that may before the Union be entered
into with the Imperial Government for the defence of the
country shall be assumed by the General Government.

65. The construction of thc Intercolonial Railway being
essential to the consolidation of the Union of British North
America, and to the assent of the Maritime Provinces thereto,
it is agreed that provision be made for its immediate construction
by the General Government, and that the Imperial guarantee
for £3,000,000 sterling pledged for this work be applied thereto,
so soon as the necessary authority has been obtained from the
Imperial Parliament.

66. The communication with the North-western Territory,
and the improvements required for the development of the
trade of the great west with the seaboard, are regarded by this
Conference as subjects of the highest importance to the Con-
federation, and shall be prosecuted at the earliest possible
period that the state of the finances will permit.

67. The sanction of the Imperial Parliament shall be
sought for the Union of the Provinces on the principles adopted
by this Conference.

68. That Her Majesty the Queen be solicited to determine
the rank and name of the Confederation.

69. That a copy of these resolutions, signed by the
Chairman and Secretary of the Conference, be transmitted
E) the Right Honourable the Secretary of State for the
‘olonies.

(Signed) JOHN A. MACDONALD,
Chml7‘man,~

H. BERNARD,
Secretary.

A./P7‘ …_ __.a__.. .__._ _.-..,.._ _nn..v…_.._ _ __.‘

PART II

‘ BRITISH NORTH AMERICA ACT
AND AMENDMENTS

1867 – 1946

TOGETHER WITH OTHER ACTS RELATING TO THE
FORMATION AND ESTABLISHMENT
OF CONFEDERATION
AND WITH

THE STATUTE OF WESTMINSTER, 1931

59

TABLE OF CONTENTS OF
PART II

BRITISH NORTH AMERICA ACTS AND OTHER
‘ ACTS OF THE U.K.

PAGE
The British North America. Act, 1867 . . . . . . . . . , . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . 61
Rupertfs Land Act, 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , . 93
The British North America Act, 1871 (Establishment of Provinces, Validating
Canadian Acts) . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . , . . , . . . . . . . . . . . 95
The Parliament of Cazmda. Act, 1875 (Validating Oaths Act) .. 97
The British North America Act, 1886 (Represeniation of ’1‘erritories). , 99
The Canada (Ontario Boundary) Act, 1889 . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
The Statute Law Revision Act, 1893 i . , . . . . . . . . . . . . . . . _ , . . . . , . . . , . . . . . . . . . . , . 103
The Canadian Speaker (Appointment of Deputy) Act, 1895 . . . . . . . . . . . . . . . . . . . . . 106
The British North America Act, 1907 (Provincial subsidies) . . . . . . . . . . . . . , . . . . . . . 107
The British North America Act, 1915 (Alteration of the constitution of the Senate) 111
The British North America Act, 1916 (Extension of twelfth Parliament) . . . . I . . . . . 113
The Statute Law Revision Act, 1927 . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
The British North America. Act, 1930 (Agreemenis with Western Provinces) . . . . . . 115
The British North America Act, 1940 (Unemployment insuran ce) . . . . . . . . . . . . . . . . 117
The British North America. Act, 1943 (keadjusimenl; of representation) . . . 118
The British North America Act, 1946 (Readjustment of mfaresentation) . . . . . . . . A . 119

The Statute of Westminster, 1931 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 123

wv .

THE BRITISH NORTH AMERICA ACT, 1867 (25)
30.31 VICTORIA, CHAPTER 3

An Act for the Union of Canada, Nova Scotia, and New
Brunswick, and the Government thereof; and for
Purposes connected therewith.

[29th March, 1867. J

(Consolidation. )

WHEREAS the Provinces of Canada, Nova Scotia, and New
Brunswick have expressed their Desire to be federally united
into One Dominion under the Crown of the United Kingdom
of Great Britain and Ireland(’‘‘), with a Constitution similar in
Principle to ‘chat 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 he
provided for, but also that the Nature of the Executive Govern—
ment therein be declared:

And whereas it is expedient that Provision be made for the
eventual admission into the Union of other Parts of British
Nortl; America:

7

I. PRELIMINARY.

1. This Act may be cited as the British North America
Act, 1867.

2. Repealed. See Note (23) below.

NOTES:
(“)“Th ]3.N.A. A ‘ ‘
of 1866-67 hi the W133.’ &?Z;J.-“鑧JZ‘3f‘§31§§§€e§“.§‘%ii§“ii$l3iif’o‘$’2i?;’;‘i.‘?‘?°l“?“?”’?
The Act, as a whole, is as much the work of the London Conference as any or all
of the resolutions prepared in advance of it and for its purposes.” Report to the
gr:g:1;~;rm<;f ‘g‘“9mxS°In=;t:5ge(fl[3ession of 1939) by the Parliamentary Counsel (W. F.
. , .

X”) The Imperial Conference of 1926 unanimously recommended that His
MflJeBby’a t.itle should b_e “George V, by the Grace 01 God, oi Great Britain, Ireland
811% Hg: Ifirmsh Domimons beyond the Seas King, Defender of the Faith, Emperor

The Royal and Parliamentary Titles Act, 19.97’, which provided for the alteration
of the Royal Style and Titles was assented to on the 12th of April 1027 and in chapter
4 of tho’st.ututes of the U.K. of GB. mid Northern Ireland. ’

(27) I‘he enacting clause was repealed by the Statute Law Revision Act. 1893,
56 Victoria. chapter 14, of the statutes of the United Kingdom oi Great Britain and
Ireland. It was as fol1ows:~~

’ “Be it therefore enacted and declared by the Queen’s most
Excellent Moyesi , by and with the advice and Consent of the
L07‘d§ Spiritual ancl‘Tempo7’al, and Commons, in this present
fP;(Zé7(‘)l7/(L7);L’e7‘ll assembled, and by the Authority of the same, as

W3:

as S 5 . .
It real a§f;o11’i!jIv§sV;:a3_.s repealed by the Statute Law Revision Act of 1893 (chs.pter14).

h “2. The provisions of this Act referring to Her Majesty

fife, Queen extend also to the H airs and Successors of Her Majesty,

Ir:7l£;d‘lfd Queens of the United Kingdom of Great Britain and
61

Short Title.

Ap lication
of revisions
referring to
the Queen.

Declaration
Union.

Four Pro-
vmces.

Provinces of
Ontario and
Quebec.

Provinces of
Nova Seotia
and New
Brunswick.
Deeennial
Census.

Construction

of subsequent

Provision
Act.

The Bmlvjsh N orlh Amerzco Act, 1867
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, of Nova Seotia, and New Brunswick
‘shall form and be One Dominion under the name of Canada;
and on and after that Day those Three Provinces shall form
and be One Dominion under that Name accordingly.

4-……………………unless
it is otherwise expressed or implied, the Name Canada 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 Brunswicl<.(“°) 6. The Parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. ‘7. 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. (19) Part of section 4 was repealed by the Statute Law Revision Act of 1898 (chapter 14). The lines repealed read as fo1lows:— “4. The subsequent provisions of thisAct, shall unless it is other— wise expressed or implied, commence and have efiect on and of tea‘ the Union, that is to say, on and after the Day appointed for the Union taking efiect in the Qucen’s Proclamation: and in the some Provisions,” (W) The Province of Manitoba was formed and representation granted to it ‘ in the Senate and in the House of Commons by The Rupert’s Land Act, 1888 (31-32 ‘ Vict., c. 105 (U.K.) ) and The Manitoba Act, 1870 (33 Vict., o. 3 (Canada) ). The Province of British Columbia became part of the Union and was udmitted to Confederation by order of Her Mniesty Queen Victoria in Council dated the 16th day of May. 18 The power to establish additional Provinces in the Dominion was conferred by The British North America Act, 1871 (3435 Vict., c. 28). Prince Edward Island was admitted to the Union by order of Her Maiesty in Council 1873. The Provinces of Alberta and Saskatchewan were respectively established by 4-5 Edw. VII, cc. 3 and 42 (Canada). Provision was made by these Orders in Council and Statutcsjcr the represen- tation of the various Provinces admitted, in the Senate and in the House of Commons of Canada. The British North America Act, 1867. 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 Generalwextend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada on behalf and in the name of the Queen, by whatever Title he is designated.(“) 11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General. 12. All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or 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 Mem- bers thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and 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 Gov- ernor 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 (“) The position of Governor G l defined in the Report of the Imperial ?h°“f°m““:5 °§ 1925 14) and thgnlglfipovrvsfaf the Conference of 1030 provided for e eorzstituhonal practice 11L re responsibility, communications, manner and instru- ments Of appointment (pages 26 and 27). 63 Declaration of Executive Power in the Queen. Ap lioation of Provisions referring to Governor General. Coustitu tioii Privy Council for Canada. All Power: under Acts to be exer- cised by Governor General with advice of Privy Council or alone. Ap lieation of revisions referring to Governor General in Council. Power to Her Maiegty to authorize Governor General to appoint Deputies. 64 Command of Armed Forces to continue to be vested in the Queen. Sent. of Government. Canada. Constitution of Parlia- ment of Canada. Privileges, etc., Ho uses. Rep. and new 1875 38-39 Viot. c. 38. s, 1. First Session of the PM- hument of Canada. Yearly Ses- sion of the Parliament of Canada. “Privileges, etc. of Houses.” The Bfitish North America Act, 1867. of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function. 15. The 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 Govern- ment of Canada shall be Ottawa. IV. LEGISLATIVE Pownn. 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, en— joyed and exercised by the Senate and by the House of Com- mons, and by the Members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the Members thereof. (52) 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 of the Parliament in one Session and its first Sitting in the next Session. etc., of both Houses (“J Section 18 dealing with the privileges, immunities The repealed was repealed on 1875 and section 18 above was substituted therefor. section formerly read. as follows:——- “IS. 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.” ‘ See also section 4 of the Senate and House of Commons Ad. R.S-y 1927. chapter 147 in Part V of this volume. The British North America Act, 186‘? The Senate. 21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators. (33) 22. 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 Bruns- wick; which Three Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by Twenty—fou1* Senators; Quebec by Twenty~four Senators; and the Maritime Provinces by TWeiity—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 Twcnty—four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada. (34) 23. The Qualification of a Senator shall be as follows: (1) He shall be of the full age of Thirty Years: (33) The number of senators has now been increased to 96 but it is provided that the number shall not at any time exceed one hundred and four. Th’ (1 b h B ” ~ ‘ — ‘ 45 . See ehaésiiiiisiofifiriiiei s‘?.o?i1§ia§Q‘,”fi’é £1J§§’§§‘.‘ M’ 1“ 5 (5 6 G°°“‘° V’ °1‘“”°°’ ) Silbimmsranhs (i) and (v) of subsection one of section one of the said Act read as llows:»- “(i) The number of Senators provided for under section tvventy~one of the British North Amcrica. Act, 1867, is increased from seventy—tWo to n1noty~six:” “(v) The number of Senators shall not at any time exceed one hundred and four:” The senate now includes representatives of Prince Edward Islund and also (“)h 5 1- mt ch ~ . . . . 4 . . . Algal“ an(‘i’l§l::s11k£(;¢g;J}1J1;i;i’:iIi’|i’g the western provinces of Manitoba, British Columbia, mudgualgiiffgrlggxzg (ii) oi subsection one of section one of the amending Act of 1915 ‘‘(ii) The Divisions of Canada in relation to the constitution of the Senate provided for by section twenty~two of the Said Act are increased from three to four, the Fourth Division to comprise the Western Provinces of Mani- toba, British Columbia, Saskatchewan, and Alberta, ivhichfour Divisions shall (subject to the provisions of the said Act and of this Act) be equally represented in the Senate, as follows :~—Ontario by twenty-four senators; Quebec by twenty—four senators; the Mari- time Provinces and Prince Edward Island by twenty~ 18955-~5 Number of Senators. Representa- tion of Pro« vincea in Senate. Qualifica- tions of Senator. 66 Summons 0! Senator. Ad 11 itiou of Senators in certain cases. Summons of First Body of Senators The British North America Act, 1867. (2) He shall be either a Natural—born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada, after the Union; (3) He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tencmcnts held in free and common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc—alleu or in Roture, within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incurnbrances 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 ease of Quebec he shall have his Real Property Qualification in the Electoral Division for which he is appointed, or shall be resident in that Division. 24-. The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator. 25. Repealed. See Note (35) below:— 26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Three or four senators, ten thereof representing Nova Seotia, ten ‘thereof representing New Brunswick, and four thereof representing Prince Edward Island; the Western Provinces by t\vent;y—1″our senators, six thereof repre- senting Manitoba, six thereof representing British Columbia, six thereof representizlg Saskatchewan, and six thereof representing Alberta:’’ The Parliament of Canada may provide for representation in the Senate and in the House of Commons of any territories which are not in any province. See B.N.A. Act, 1886. (49-50 Vict., ch. 35). (“O Section 25 was repealed by the Statute Law Revision Act of 1893, chapter 14 (56 Victoria. ch. 14). It: read as £ollows:~— “25. Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty’s Royal Sign ‘Manual thinks fit to approve, and their Names shall be inserted in the Queenfs Proclamation of Union.” The British N orlh America Act, 1867. 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 the Three Divisions of Canada is represented by TWenty—fou1′ Senators and no more. (37) 28. The Number of Senators shall not at any Tiine exceed Seventy-eight. (38) 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 :— (35) The number of persons who may be summoned to the Senate has heeii in- xégfigd from three or six to four or eight representing equally the four divisions of a. See section one oi the British North America Act of 1915 (5-0 George V, Clmili-er 45): fi\1bPm‘8I;l’ilD11 (111) of section one of which reads as follows:- “(iii) The number of persons whom by section twenty—sia: of the said Act the Governor General of Canada. may, upon the‘ direction of His M ujesiy the King, add to the Senate is mcreased from three or to four or fight, representing equally the four divisions of Canada.’’ f W) The A0150? 1915, above mentioned, supersedes this section by the enactment 0 Bubpflrngraph (W) of section one which reads as follows:—- “(iv) In case of such addition being at any time made the Governor General of Canada shall not summon any persoh to the Senate except upon a further like direction by His Majesty the King on the like recommendation to represent one of the four Divisions until such Division is represented by tiuerlty—four senators and no more.” (‘S S b – > ‘
which B)up‘e1rSI;?I::K;E§3€;0(r;s7%8O£ eS;IL§)sS[;(;t;gfi 00:21:!‘ section one of the B.N.A. Act of 1915

“(V) The number of Senators shall not at any time exceed
one hundred and four.”
See also note to section 147. It is provided in the Act of 1915 that in the case

01 the admission of Newfoundland to the Union that “th I ber of Senators
shall be one hundred and two, and their maximum nuniber D7f¢’i|L:trfl7liL7‘?Dd”:Z‘17lZ ten.”

l8955—~5£-

67

Reduction of
Senate to
normal
number.

Maximum
number of
Senators.

Tenure of
Place in
Senate.

Resignation
ID
Senate.

Disqualifi-
cation of
Senators.

68

Sum mom; on
Vacancy in
Senate.

Questions as
to Qualifica-
tions and
Vacancies in
Senate.

Appoint-
ment of
Speaker of
Senate.

Quorum of
Senate.

Voting in
Senate.

Constitution
of House of
Commons in
Canada.

The British N orth America Act, 186’/.

(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 Ack-
nowledgment 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 Dcfaulter:

(4) If he is attaintod of Treason or convicted of Felony
or of any infamous Crime:

(5) If he ceases to be qualified in rcspcct of Property or
of Residence; provided, that a Senator shall not be
deemed to have ceased to be qualified in respect of
Residence by reason only of his residing at the Seat
of the Government of Canada while holding an Office
under that Government requiring his Presence there.

32. When a vacancy happens in the Senate by Resig-
nation, 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
a Vote, and when the Voices are equal the Decision shall be
deemed to be in the Negative.

The House of C’ommons.(39)

3’7. The House of Commons shall, subject to the Pro-
visions of this Act, consist of One hundred and eighty~onc
Members, of whom Eighty-two shall be elected for Ontario,
Sixty—five for Quebec, Nineteen for Nova Scotia, and Fifteen
for New Brunswick.(4°)

(33) See the last lines of note 34.

(4°) These numbers have been considerably altered under section 51 of this Act.
and new members added to represent Manitoba, British Columbia, Prince Edward
Island, Alberta, Saskatchewan and the Yukon Territory.

See the Bfitish North America Acts of 1871 (ch. 28) and of 1886 (ch. 35).

See also chapter 71 of the Eltnhites of Canada, 1947 for the present representa-
tion in the House of Commons.

..r—~,—\_.., , ,_ _ ,_ ,,

The British North America Act, 1867.

38. The Governor General shall from Time to Time, in
the Q,ueen’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, Riolings 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
.I’DlZ8t7‘1i;Ct as numbered in that Schedule being entitled to return One

em er.

2. Quebec.

Quebec shall be divided into Siacty-five Electoral Districts,
composed of the ;S’ia;ty—five Electoral Divisions into which Lower
Canada is at the passing of this Act divided under Chapter Two
of the Consolidated Statutes of Canada, Chapter Seventy-five of
the Consolidated Statutes for Lower Canada, and the Act of the
Province of Canada of the Twcntyvthird 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
§41_t7‘pgS8s of this Act an Electoral District entitled to return One

cm er.

3. Nova Scotia.

Each of the Eighteen Counties of Nova Scotia shall be an
Electoral District. The County of Halifaa; shall be entitled to
return I wo M embers, and each of the other Counties One Member.

4. New Brunswick.

. , Of fit? F0?t7‘ie97_t Counties into which New Brunswick is
glmdedy mciuding the City and County of St. John, shall be an
E 9910741 District. ‘ The City of St. John shall also be a separate

lectaial District. Each of those Fifteen Electoral Districts shall
be entitled to return One Member.

ll L41. ‘Until the Parliament of Canada, otherwise provides,
ilk tiivs in force in the several Provinces at the Union relative to
9 f” “W710 Matters or any of them, namely,—the Qualifications

and Disgualifwations of Persons to be elected or to sit or vote as gfc

Members Of the House of Assembly or Legislative Assembly in

(‘V For thelast‘. ad‘ 1; C – –
we R»-memw» ti», t22i‘?:::;€;‘t*:s’s:i*2:e:s;“sh5.$::?st.%°“°m°’r

{Summon-
mg oi House
of Commons

Senators not
to sit in
House of
Commons.

Electoral
districts
of the tour
Provinces.

Continuance
oi angling
Election
Laws until
Parliament.
unads.
obheysvise
provldes.

70 ‘ The British North America Act, 1867.

the several Provinces, the Voters at Elections of such Members, the
Oaths to be taken by Voters, the Ixteturning Ofltcers, 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)

4-2. Repealed. See Note C“) below.
43. Repealed. See Note (44) below.

A_s toElec~ 4-4-. The House of Commons on its first assembling after
§g°n<1>{fmf :1 General Election shall proceed with all practicable Speed to
fipffseeo; elect One of its Members to be Speaker.

Commons

Ana fining 45. In case of a. Vacancy happening in the Offiee of

ppVacnncy Speaker by Death, Resignation, or otherwise, the House of
‘s“pE:E§f‘°‘ Commons shell with all practicable Speed proceed to elect
another of its Members to be Speaker.

(47) See The Domixzian Elections Act, 1938, chapter 46 of the Statutes of Canada,
1938, for qualifications of voters at elections to the House of Commons.

(‘”) Section 42 was repealed by the Statute Law Revision Act of 1893 (56 Vice,
ch. 14). It read as follows:—~(See pp. 103-5).
“_Writsl’or “42. For the First Election of Members to serve‘ in the
{‘-‘“.1.3‘‘’‘’‘ House of Commons the Governor General shall cause writs to be
10)]. . .
issued by such Person, in such Form, and addressed to such
Returning Ofiicers as he thinks fit.

The Person issuing writs under this Section shall have the
like Powers as are possessed at the Union by the Q1T.cers charged
with the issuing of Writs for the Election of Members to serve
in the respective House of Assembly or Legislative Assembly of
the Province.of Canada, Nova Scotia, or New Brunswick; and
the Returning Ofiioers to whom Writs are directed under this
Section shall have the like Powers as are possessed at the Union
by the Ofiicers charged with the returning of Writs for the Election
of Members to serve in the same respective House of Assembly or
Legislative Assembly.”

(“) Section 43 was repealed by the Statute Law Revlsion Act of 1893 and form-

erly read as fo1lows:——(Sec pp. 103-5).
“As to casual “43. In case a Vacancy in the Representation in the House
V“°““°‘°5-” of Commons of any Electoral District happens before the Meeting
of the Parliament, or after the Meeting of the Parliament before
Provision is made by the Parliament in this Behalf, the Provisions
of the last foregoing Section on this Act shall extend and apply
t6 the issuing and returning of a Writ in respect of such Vacant

istrict.

The British North America Act, 1867.

4-6. The Speaker shall preside at all Meetings of the
House of Commons.

47. Until the Parliament of Canada otherwise provides,
in case of the Absence for any Reason of the Speaker from
the Chair of the House of Commons for a period of Forty-
eight consecutive Hours, the House may elect another of its
Members to act as Speaker, and the Member so elected shall
during the Continuance of such Absence of the Speaker have
and execute all the Powers, Privileges, and Duties of Speaker.

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.——(1) The number of members of the House of Commons
shall be two hundred and fifty-five and the representation of
the provinces therein shall forthwith upon the coming into force
of this section and thereafter on the completion of each decennial
census be readjusted by such authority, in such manner, and
from‘ such time as the Parliament of Canada from time to time
provides, subject and according to the following rules:—

1. Subject as hereinafter provided, there shall be assigned
to each of the provinces a number of members computed
by dividing the total population of the provinces by two
hundred and fifty-four and by dividing the population of
each province by the quotient so obtained, disregarding,
except as hereinafter in this section provided, the remainder,
if any, after the said process of division.

2. _If the total number of members assigned to all the
provinces pursuant to rule one is less than two hundred
and iifty—foui’, additional members shall be assigned to the
P1‘0V1nces. (one to a province) having remainders in the
computation under rule one commencing with the province
having the largest remainder and continuing with the other
provinces in the order of the magnitude of their respective
remainders until the total number of membeis assigned is
two hundred and i’ifty—four.

3._ Notwithstanding anything in this section, if upon com-
Dletion of a computation under rules one and two, the
number of members to be assigned to a province is less
than the number of senators representing the said province,
1’u1es_one and two shall cease to apply in respect of the said
Province, and there shall be assigned to the said province
3. number of members equal to the said number of senators.

71

Speaker to
preside,

Provision in
case of ab-
sence of
Speaker.

Quorum of
House of
Commons.

Voting in
House of
Commons.

D uration oi
House of
Commons.

New A
provision as
to readjust-
ment of A
representation
in Commons.
30_ & 31

Vict.. e. 3.

Ron. and
new 1946

10 Geo. VI,
e. 63, s. 1.

72

The British North America Acf, 1867.

4. In the event that rules one and two cease to apply in
respect of a province then, for the purpose of computing
the number of members to be assigned to the provinces in
respect of which rules one and two continue to apply, the
total population of the provinces shall be reduced by the
number of the population of the province in respect of
which rules one and two have ceased to apply and the
number two hundred and fifty-four shall be reduced by the
number of members assigned to such province pursuant to
rule three.

5. Such readjustment shall not take effect until the termi-
nation of the then existing Parliament.

(2) The Yukon Territory as constituted by Chapter forty-
one of the Statutes of Canada, 1901, together with any Part of
Canada not comprised within a province which may from time
to time be included therein by the Parliament of Canada for the
purposes of representation in Parliament, shall be entitled to

one member. (‘5)

(*5) This section is ne\v. The British North America Act, 1946, by which it
was enacted, was assented to on the 26th of July, 1946. For further comments,
explanations and text of the Resolution of the Senate and House of Commons, see
further in this Part: The British North America Act, 1946 at page 119.

I Lfiection 51. as amended by the Statute Law Revision Act, 1893, previously read
as o ows:—

“5l. On the Completion of each decennial Census, the Repre-
sentation of the Four Provinces shall be readjusted by such Author~
ily, in such M amicr, and from such Time, as the Parliament of
Canada. from Time to Time provides, subject and according to the
following Rules :—

(1) Quebec shall have the fixed number of Siccly-five M embers:

(2) There shall be assigned to catch of the other Provinces such
a Number of M embers as will bear the some Proportion
to the N umber of its Population (ascertained at such
Census) as the Number ;S’ircly—fwc bears to the Number
of the Population of Quebec (so ascertained):

(5) In the Computation of the Number of Members for a
Province a fractional Part not exceeding One Half the
whole Number requisite for entitling the Province to 0.
M ember shall be disregarded; but a fractional Part exceed-
ing One Half of that Number shall be equivalent to the
whole Number:

(4) On any such Re—adjustmcm‘ the Number of Members for
a Province shall not be reduced unless the Proportion.
which the Number of the Population of the Province bare
to the N umber of the aggregate Population of Canada at
the then last prcccdiug ZBe—adjuslmerLi of the Number of
M embers for the Province is ascertained at the their latest
Census to be diminished by One Twentieth Part or up-
wards:

(5) Such Rcodjusimcrit shall not take cficcl until the Term-
inaliou of the ihen existing Parliament.”

. The British North America. Act, 1867.

51A. Notwithstanding anything in this Act a province
shall always be entitled to a number of members in the House
of Commons not less than the number ofsenators representing

1 such province. (*5)

52. The Number of Membersof the House of Commons

may be from Time to Time increased by the Parliament of H

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 B,“

of Commons. ~

54. It shall not be lawful for the House of Commons to
adopt or pass any Vote, Resolution, Address, or Bill for the
Appropriation of any Part of the Public Revenue, or of any
Tax or Impost, to any Purpose that has not been first recom-
mended to that House by Message of the Governor General
in the Session in which such Vote, Resolution, Address, or Bill
is proposed.

55. Where a Bill passed by the Houses of Parliament is
plresianctecll to the Goivernor Genelgal for the ézueeifls Assent,t£e
s a co are aecor in to his iscretion ut su ‘ect to e
Provisions of, this Act algnd to Her Majestyis Instructions, either
that he assents thereto in the Queen’s Name, or that he With-
holds the Queen’s Assent, or that he reserves the Bill for the
Signification of the Queen’s Pleasure. (47)

56. Where the Governor General assents to a Bill in the
Q\leen’s Name, he shall by the first convenient Opportunity
Se1’_1d an authentic Copy of the Act to one of Her Majesty’s
Pylllgzlpal Secretaries of State, and if the Queen in Council
Wlthm 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
Gelleral, 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.(‘“‘)

(“) Section 51A was added to the Act of 1867 b the British Noi-th America Act

of 1915 (5-6 George V, chapter 45, section 2). y
d W) Th0“Conlerenoe on the Operation oi Dominion Legislation, eto., held in Lon-
f°’i9‘;1 {$329 implying the principles laid down in the Imperial Conference Re ort
3 -43- 1″9G0m!,nended that His Majeaty’s Government in the United King om
Bcgunzot advise His Miiiesty to give the Governor General any instructions to reserve
cl, ‘1 iiresented to him for assent and that it would not be in accordance with com
2}: ‘$101131 practice for advi<_>e_to be tendered to His Majesty against the views of
. .9 °V6I’DI7_Jent of the Dominion. “It is the right of the Government of each Dom-
Iélifun to advise the Crown in all inatters relating to its own affairs.” Report of. the
Igtaezgnigfn the Operation of Dominion Legislation and Mcrcfiant Sliizvpiflc Legislation,
Tim Imperial Conference of 1930 passed a resolution approving the Report of the
ReM0I?D($ on the Operation of Doniinion Legislation and it was stated that the said
( Waste be regarded as forming part of the Report of the Conference of 1930.

u””1‘_’fi”‘“1 Cmlferenae 1830, Summary of Proceedings, page 10.)
n 1( ) bghfi I71‘e§Gnt ponsfitutional position is that the power of disrsllowsuioe can
0;: tgnggr exercised in _re_ls.tion to Dominion legislation.” Report ofthe Conference
5 Peratzon 0}‘ Dommum Lsaialalwn, etc. (I): 20).

18955—6

73

Constitution
of House 0!
Commons.
Ad. 1915.
5-6 Geo. V,
c. 45, s. 2.

Increase ol
number of
ouse of

Commons.

A_ppropria-
tion and tax
s.

Recommen-
dation of
money votes.

Bills, etc.

Disallowanee
by order in
Council of
Act assented
to by Gov-
ernor Gen-
eral.

74

Signifii-n»
tion of
Queen’s
pleasure on
Bill re-
served.

Appoint-
ment of
Lieutenant-
Governors of
Provinces.

Tenure of
office of
Lieutenant
Governor.

Snluries of
Lieutenant-
Governors.

Oabhs, etc.,
of Lieu-
tenant-
Governor.

Application
of provisions
referring to
Lieutenant-
Governor.

The British North America Act, 1867.

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 Oflicer
to be kept among the Records of Oanada.(”)

V. PROVINCIAL CONSTITUTION.
Executive Power.

58. For each Province there shall be an Officer, styled
the Lieutenant—Governor, appointed by the Governor General
in Council by Instrument under the Great Seal of Canada. (5°)

59. A Lieutcnant—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 Oflice, make and subscribe before the Governor
General or some Person authorized by him, Oaths of Allegiance
and Qffice similar to those taken by the Governor General.

62. The Provisions of this Act referring to the Lieutenant-
Governor extend and apply to the Lieutenant—Governor for the
Time being of each Province or other the Chief Executive Officer
or Administrator for the Time being carrying on the Government
of the Province, by whatever Title he is designated.

(‘9) See Note (‘7) to section 65.
(5‘’) Section 92 of this Act states that in each province the I.iegislatIu’e may make
laws, inter alia, in relation tox-
“1. The Amendment from Time to Time, notwithstanding
anything in this Act, of the Constitution of the Province,
except as regards the Ofiice of Ih’eutcn<mt—G’nvcmor;”

The B7‘iiiS7L North America Act, 1867.

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 Att0rney»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, within 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 Seotia 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. (52)

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, or in conjunction
with those Councils, or with any Number of Members thereof,
or by those Governors or Lieutenant—Governors individually,
shall, as far as the same are capable of being exercised after the
Union in relation to the Government of Ontario and Quebec
respectively, be vested in and shall or may be exercised by the
Lieutenant-Governor of Ontario and Quebec respectively, with
the Advice or with the Advice and Consent of or in conjunction
With the respective Executive Councils, or any Members thereof
or by the Lieutenant-Governor individually, as the Case requires,
sub]ect 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 lreland,) to be
abolished or altered by the respective Legislatures of Ontario
and Quebec. (53)

66. The Provisions of this Act referring to the Lieutenant-
Governor in Council shall be construed as referring to the Lieu-
tenant-Governor of the Province acting by and with the Advice
of the Executive Council thereof.

V 6’7. The Governor General in Council may from Time to
’l1me.appomt an Administrator to execute the Offioe and
Functions of Lieutenant—Governor during his Absence, Illness,
or other Inability.

(“)1«‘or Ontario, see 1z.s.0., 1937, c. 14; 1944, e. 18; 1946, e. 26.
§cer1é)u2e.1bec, sec ‘R.S.Q., 1941, e. 7; 1942, c. 55; 1943, c. 39; 1944., c. 32; 1946,

N It was not necessary to provide for the Executive Councils of‘Nova. Scctia and
ew Brunswick whose constitutions were to continue as they existed.

(“) 1-‘or Nova Scotia, see 1945, e. 3: and 1946, c. 50 of the Statutes of N.S.
1904;‘, Neivg Brunswick, sec RASINBA’ 1927, c. 10; 1936, c. 10; 1944. c. 10;
, 0. .

<5’) N0 Provision is made for the Maritimes for the reason mentioned in Note (51). 18955—6& 75 Appointa msnt _ Executive Oflflcers for Ontario and Quebec. Executive Government of Nova Sootic and New Bruns- wick. Powers to be eXG1‘GWQd by Lieutenuntr Governor of Ontario or Quebec with advice or alone. A pp1icn:ti_on of provisions referring to Liouteuautr Governor In Council. Administra- tion in ab- sence, etc., Governor. 76 Seats of Provincial Govern- ments. Legislature of – for Ontario. Electoral districts. Legislature for Quebec. Constitu- tion of . Legislative Council. Legislative Councillors. Resignation Diqqunlifi- ‘ cution, etc. Vacancies. The British North America Act, 1867. {$8. Unless and until the Executive Government of any Province otherwise directs with respect to that Province, the Seats of Government of the Provinces shall be as follows, namely,——of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton. Legislative Power. (54) 1. ONTARIO. 69. There shall be a Legislature for Ontario consisting of the Lieutenant-Governor and of One House, styled the Legis- lative Assembly of Ontario. 70. The Legislative Assembly of Ontario shall be com- posed of Eighty—two Members, to be elected to represent the Eighty-two Electoral Districts set forth in the First Schedule to this Act. (55) . 2. QUEBEC ’7’l. There shall be a Legislature for Quebec consisting of V the Lieutenant-Governor and of Two Houses, styled the Legis- lqatiige Council of Quebec and the Legislative Assembly of ue ea. 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 Oflice for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act. (53) 73. The Qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec. (57) 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 othfrwise, the Lie1g3enant- Governor in the Queen’s Name by nstrument un er the Great Seal of Quebec, shall appoiiit a fit and qualified Person to fill the Vacancy. C“) “The constitutions of Quebec and Ontario rest upon statute law, which is the reason why about a third of the B.N.A. Act consists of enactments specially relating to these two provinces.” W. F. O’Connor, op cit., Annex I, p. 6. (55) The number of members is now 90, see R.S.O., 1937, c. 6, s. 2. (‘°) See the Legislature Act, chapter 4 of the R.S.Q. 1941; 1944, o. 6; 1945, cc. 12. 14; 1946. c. 11: 1947, c. 20, in re the Legislative Council (composition, Speaker and oflioers), sections 8 to 18. 1 1(“) See, as regards qualification, sections 7 and 8 of chapter 4 of the R.S.Q., 94 . The British North America Act, 1867. 76. If any question arises respecting the Qualification _of a Legislative Councillor of Quebec, or a Vacancy in the Legis- lative 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. (53) 78. Until the Legislature of Quebec otherwise provides, the Presence of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers. 79. Questions arising in the Legislative Council of Quebec shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the negative. 80. Thc Legislative Assembly of Quebec shall be composed of Sia;ty—five Members, to be elected to represent the Sia:ty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant- Govcrnor of Quebec for Assent any Bill for altering the I/lmits 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 by the Legislative Assembly with the Concur- rencc of the Majority of the M embers 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 In’eutcnant—G’overnor stating that it has been so passcd.(“°) 3. ONTARIO AND QUEBEC. 81. Repealed. See Note (°°) below. 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. as ,3 , – h . . . . _ oi dgallwtelfil g;’l€her10€-léicér Vt/?9l£1J:S1§’}1)§,£\lc{f3Iil(.)f the Legislative Council. Sections 9 14 (“) The Legislative Assembly of Quebec now consists of nin ty-two mom}; 5. gieifuzcbtégn £34? chapter 4 of the R.S.Q., 1941 as enacted by s. 1 of c?12of the Statiilles so 3 – . . It rémi) as‘}:lii:“|v§l:V?§§:g?)ulf61&b53;.the Statute Law Revision Act of 1893 (chapter 14). h “81. The Legislatures of Ontario and Quebec respectively s all be called together not later than Sin: Months after the Union.” Questions as to Vacancies etc. Speaker of Legislative Council. Quorum _ci Legislative Council. Voting in Legislative Council. Constitution of Le isla- tive s- sembly cl Quebec. Summoning of Legisla- tive As- s/ambliea. “First Sea- sion of Legisla- tures.”, 78 Restriction on election of holders of oflices. Con tinuance oi existing election Laws. Duration of Legislative Assemblies. The B7‘z’tish North America Act, 186’/. 83. Until the Legislature of Ontario and Quebec otherwise provides, a Person accepting or holding in Ontario or in Quebec any Ofiice, Commission, or Employment, permanent or tem- porary, at the Nomination of the Lieutenant—G0vernor, 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 Omces, that is to say, the Oflices of Attoi-ney~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 Oilicc. (51) 84. Until the Legislatures of Ontario and Quebec re- spectively otherwisc provide, all Laws which at the Union are in force in those Provinces respectively, relative to the following Matters, or any of them, namely,—-the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the issuing and Execution of new Writs in case of Seats vacated otherwise than by Dissolution,——shall respec~ tively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Qucbec.(”) 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 ’l‘\vcnty—onc 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 Lieutcnant—Governor of the Province), and no longer. (53) (91) The independence of the Legislative Assemblies is further reviewed by Acts passed in the diflcrent provinces, v.g.:-—Ch. 12 of the Rev. Stat, Ont., 1937 (The Legislative Assembly Act) amended 1939, o. 47; 1939, 2nd Sess, c. 11; 1941, c. 26; 1944, o. 31; 1947, c. 55; and ch. 4 of the Rev. Stat, Que., I941 (The Legislature Act) amended 1944, c. 6; 1945, cc. 12, 14; 1946, c. 11; 1947, c. 20. (59) See respecting The Legislative Assembly and Elections in Ontario. chapters 6 to 12. both inclusive. of the Rev. Stat, Ont., 1937 as amended; on elections in Quebec, chapters 5 and 6 of the Rev. Stat., Que., 1941 as amended. (53) “This limitation on the duration of the Legislature was carried in precise language into the Legislative Assembly Act of Ontario us it has been enacted and re—er:aci:ecl [tom time to time until 1930, when, by c. 4,_s. 2 the term was extended to five years and no longer. Then by 1942 (Out), c. 24 it was enacted that the then present Assembly shall continue until October 19, 1943, and that it shall not be The British North America Act, 1867 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 Legis- lature in each Province in one Session and its first Sitting in the next Session. 8’7. The following Provisions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say,——- the Provisions relating to the Election of a. Speaker originally and on Vacancies, the Duties of the Speaker, the absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly. ‘ 4:. Nova Soorm AND NEW BRUNSWICK (5‘)‘ 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. (55) 89. Repealed. See Note (56) below. 6. THE Form Pnovmcns. .90. The following Provisions of this Act respecting the Parliament of Canada, nainely,—~the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Vptos, the Assent to Bills, the Disallowance of Acts, and the Sigiiiflcation of Pleasure on Bills reserved;-shall extend and apply to the Legislatures of the several Provinces as if those M09538-TY toholcl any general election to choose members of the Assembly until such date without, however, affecting or obridging any prerogative oi the Crown 01‘ 9119 I>0W_er of the Lieutenant-Governor to dissolve the Assembly sooner.”

The King ezfcl. Toliree v. Clark et al (1943) 2 DiL.R., p. 558.

lbs Legislative Assembly Extension Act, 1913, (chapter 12 of the Statutes oi
Ontario. 1943) further extended the duration of the Legislative Assembly to the
19th day of October, 1.944.

AdV8Dlr=1ge was not taken, however. of this statute and the Assembly was dis-

solved by the Lieutenant-Governor in July, 1943.

(‘U “The provinces of Nova Sootia and New Brunswick, unlike the province oi
lqllintldfiy Were. from the beginning, English colonies by settlement. with constitutions
O1!’-3c§£l\Dg.“(3‘le)EEil[g’l&T<§(l itself, granted under Royal Prerogative.” W-. F. O’Connor,

Is (“5) The last lines of section 88 were repealed by the Statute Law Refision Act,
lg (56 Victoria, chapter 14) of the Statutes of the United Kingdom of Great Britain
an Ireland. The lines repealed were as iollo\vs:—-

“and the House of Assembly of New Brunswick existing at the
P‘133_<1.‘;;1‘;A_ti?n3c:’é’0vi!1ees Svitli their consent),_to l)ev;isl:§e1?o3d_ii3rD Xl;l<))tnill1t!:.l‘.|_Cl§‘3
e. as). ‘.l‘lu’s A’e‘Z2i°€ie°$eb¥i$§%$é?§§:i§’2tt“A‘$2‘f‘i£§t;i§Zlt‘3é£3é§f.§§;;

32413 V’ ,, _ ‘ – J . .
and §:;c1%.rt? (§)f3§(giglfigigzggtgggdkupert s Land and the N.W. Territories.
“P0 s and the North-West Territories became t f Ca d t
to the R b! L ‘ rim” 9 na ii pm-_suan
Queen Vigaféaf dn?;1e\§ ’(;I8r1716»’.) and the Crder in Council oi,Hsr Majesty.

9].

Constitu-
tion of r _
townships in
Quebec.

I’ower to ad-
mit Now-
Ioundlnnd,
ete., into
the Union.

“Duty of
Government
and Par-
liament of
Canada to
make Bail-
way herein
described.”

92

As to ;Ropre< sensation of Newfound- land and Prince Ed- _ward Island in Senate. The British N orth America Act, 1867. 147′. In case of the Admission of Newfoundland and Prince Edward Island, or either of them, each shall be entitled to a Representation in the Senate of Canada of Four Members, and (notwithstanding anything in this Act) in case of the Admission of Newfoundland the normal Number of Senators shall be Sevcnty—six and their maximum Number shall be Eighty—tWo; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the Three Divisions into which Canada is, in relation to the Constitution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is admitted or not, the Representation of Nova Scotia and New Brunswick in the Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members respectively, and the Representation of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provision of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen. (75) SCHEDULES (77) These Schedules are omitted. See Note (7°) below. Manitoba was admitted as a province by the Manitoba Act assented to 12th May, 1870 (Dom.). British Columbia was admitted as Ii province by Order in Council of Her Majesty, Queen Victoria, dated 16l;l_i May, 1871. See R.S.C. 1927, Vol. V,_ p. 4495. ‘Prince Edward Island was admitted as a province by Order in Council of Her Majesty, Queen Victoria, dated 26th June, 1873. See R.S.C. 1927, Vol. V, p. 4505. Alberta was admitted as a provincs by “The Alberta Act” (Dom.), IV and V Ed. 7, c. 3, assented to 20th July, 1905. See R.S.C. 1927, Vol. V, p. 4513. Saskatcliewan was admitted as a province by “The Saskatchewan Act” Dom.), IV4§§i1d V Ed. VII, 0. 42, assented to 20th July, 1905. See R.S.C. 1927, 01. V, p. . All ports 01 Canada not within the boundaries of the various provinces are in all things under the jurisdiction of the Parliament of Canada. See the North»- Weat Ten-Stories Act, R.S.C.1927, c. 142. Vol. III, 11. 2871 and the Yukon Ad, R.S.C. 18727. c. 215, Vol. IV, 1). 4181. See also The British North America Act, 1871, c. 28, s, . (75) The British North America Act of 1886 provided for the Representation in the Parliament of Cunndn of Territories which for the time being form part of the Dominion of C£\‘llD(l.l1, but are not included in any province (49-50 Victoria, chapter 35). This Act was given retroactive effect by section 2 thereof. The British North America Act of 1915 made provision for representation of Newfoundland in the Senate in the advent of its admission into the Union (5-0 George V, chapter 45, subparograph (vi) of subsection one oi section one). (“7 The first and second Schedules to the British North America Act, which gave t e electoral divisions for the provinces of Ontario and Quebec respectively, have been altered by subsequent legislation of Canada and those provinces. For representation in the House of Conmions,_ see chapter 71 of the Statutes of Canada, 1947. For representation in the Legislative Assembly of On_turi_o, see chaxiter _six of the Revised Statutes of Ontario, 1937, and for representation in the Legislative Assembly of Quebec see chapter three of the Revised Statutes of the Province of (givébee, 1941 us amended by 1942, c. 16; 1943, c. 7; 1944, cc. 8, 7, 8; 1945, cc. 12, 13; 1 , c. 10. RUPERT’S LAND ACT, 1868. 31-32 VICTORIA, CHAPTER 105. (This Act was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14). An Act for enabling Her Majesty to accept a Surrender upon Terms of the Lands, Privileges, and Rights of “The Governor and Company of Adventurers of England trading into Hudson’s Bay,” and for admit- ting the same into the Dominion of Canada. [81st July, 1868.] WHEREAS by certain Letters Patent granted by His late Majesty King Charles the Second in the Twenty-second Year of His Reign certain Persons therein named were incorporated by the Name of “The Governor and Company of Adventurers C of England trading into Hudsoi1’s Bay,” and certain Lands and Territories, Rights of Government, and other Rights, Privileges, Liberties, Franchises, Powers, and Authorities, were thereby granted or purported to be granted to the said Governor and Company in His Majcsty’s Dominions in North America: And whereas by the British North America Act, 1867, it was (amongst other things) enacted that it should be lawful for Her Majesty, by and with the Advice of Her Majesty’s most Honourable Privy Council, on Address from the Houses of the Parliament of Canada, to admit Rupert’ 5 Land and the North—Wcstern Territory, or either of them, into the Union on such Terms and Conditions as are in the Address expressed and as Her Majesty thinks fit to approve, subject to the provi- sions of the said Act: And Whereas for the Purpose of carrying into eiiect the Provisions of the said British North America Act, 1867, and of admitting Rupert’s Land into the said Dominion as aforesaid upon such Terms as Her Majesty thinks fit to approve, it is eiipedient that the said Lands, Territories, Rights, Privileges, Liberties, Franchises, Powers, and Authorities, so far as the same have been lawfully granted to the said Company, should be surrendered to Her Majesty, Her Heirs and Successors, upon ‘ such Terms and Conditions as may be agreed upon by and betvveen Her Majesty and the said Governor and Company as hereinafter mentioned: _Be it therefore enacted by the Queen’s most Excellent Miilgssty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- ment assembled, and by the Authority of the same, as follows z—– I. This Act may be cited as Rupert’s Land Act, 1868. 2. For the Purposes of this Act the Term “Rupert’s Definitionof lliiand” shall include the whole of‘ the Lands and Territories eld or claimed to be held by the said Governor and Company. 93 Recital of Charter of Hudson’s Bay Com- pany, 22 air. 2. Recital of Agreement of surrender. Short title. “Ru rt‘: Lari .” 94 Power to Her Majesty to acce (: Sui-ran er of Lands. etc.. of the Com- pany upon certain Terms. ‘ Extinguish- meut of all Rights of the Company. Power to [lot Majesty by Order in Council to admit Ru- pert’s Laud into and form Part of the Domin- ion of Canada. Jurisdiction of present Courts and Ofiicets con tinued. Ruperfs Land Act, 1868. 3. It shall be competent for the said Governor and Com- pany to surrender to Her Majesty, and for Her Majesty by any Instrument under Her Sign Manual and Signet to accept a Surrender of all or any of the Lands, Territories, Rights, Privileges, Liberties, Franchises, Powers, and Authorities What- soever granted or purported to be granted by the said Letters Patent to the said Governor and Company Within Rupert’s Land, upon such Terms and Conditions as shall be agreed upon by and between Her Majesty and the said Governor and Company; provided, however, that such Surrender shall not be accepted by Her Majesty until the Terms and Conditions upon which Rupert’s Land shall be admitted into the said Dominion of Canada shall have been approved of by Her Majesty, and embodied in an Address to Her Majesty from both the Houses of the Parliament of Canada in pursuance of the One hundred and forty-sixth Section of the British North America Act, 1867; and that the said Surrender and Acceptance thereof shall be null and void unless Within a Month from the Date of Such Acceptance Her Majesty does by Order in Council under the Provisions of the said last recited Act admit Rupert’s Land into the said Dominion; provided further, that no Charge shall be imposed by such Terms upon the C0nsoli~ dated Fund of the United Kingdom. 4. Upon the Acceptance by Her Majesty of such Surrender all Rights of Government and Proprietary Rights, and all other Privileges, Liberties, Franchises, Powers, and Authorities what- soever, granted or purported to be granted by the said Letters Patent. to the said Governor and Company Within Ruperifs Land, and which shall have been so surrendered, shall be absolutely extinguished; provided that nothing herein contained shall prevent the said Governor and Company from continuing to carry on in Rupert’s Land or elsewhere Trade and Commerce. 5. It shall be competent to Her Majesty by any such Order or Orders in Council as aforesaid, on Address from the Houses of Parliament of Canada, to declare that Rupert’s Land shall, from a Date to be therein mentioned, be admitted into and become Part of the Dominion of Canada; and there- upon it shall be lawful for the Parliament of Canada from the Date aforesaid to make, ordain, and establish within the Land and Territory so admitted as aforesaid all such Laws, Insti- tutions, and Ordinances, and to constitute such Courts and Ofiicers, as may be necessary for the Peace, Order, and good Government of Her Majesty’s Subjects and others therein: Provided that, until otherwise enacted by the said Parliament of Canada, all the Powers, Authorities, and Jurisdiction of the several Courts of Justice now established in Rupert’s Land, and of the several Oflicers thereof, and of all Magistrates and Justices now acting within the said Limits, shall continue in full force and effect therein. THE BRITISH NORTH AMERICA ACT, 1871. (73) 34-35 VICTORIA, CHAPTER 28. An Act respecting the establishment of Provinces in the Dominion of Canada. {2.9ih J ime, 1871.] WHEREAS doubts have been entertained respecting the powers of the Parliament of Canada to establish 1’rovinc_es in Territories admitted, or which may hereafter be admitted, into the Dominion of Canada, and to provide for the repre- sontation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament: Be it enacted by the Quecn’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows 2- 1. This Act may be cited for all purposes as The British North America Act, 1871. 2. The Parliament of Canada may from time to time establish new Provinces iii any territories forming for the time being part of the_Dominion of Canada, but not included in any Province thereof, and may, at the time of such establish- ment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the said Parliament. (79) (7?) As to the procedure adopted to obtain the ciiactmeiit of The British North America Act, 1871, this is what the late Dr. 0. D. Skcltoii, their Under Secretary of State for External Aflaii-s, said iii the Special Committee of the House of Commons on the ‘.B.N.A. Act in 1935 (at page 31):— _“Tlie obiect of this Act was to settle doubts as to the competence ol the Canadian Parliament to establish nawpmvinoes out of the western territories, to give them constitutions and rep:-escntiition in the iedci-al parliament. Elie procedure was that the Act was passed by the United Kingdom parliament at the request. merely of the Canadian govei-iimciit. There was no consent oi or consultation with the provinces in 1871. There was not even an Address from the federal piirhameiit—;in omission defended on the ground that par-Iiiiineiit had implied %>_110llfl‘Bn0e by passing in the previous session the Manitoba. Act, which the United

iiigdom statute was sought to validate. On a motion by Holton, the House of

}f>mmoiis voted by 137 to 0: ‘Tliat no change in the provisions of the B.N.A. Act
3) °‘-{Id be “ugh? by the Executive Govcrmneiit without the previous assent of the
1 arliament of this Dominion.’

Diivid Mills rnoved a resolution to the effect that any alteration in the principles
9‘ Tenrcscntntioii _in the House of Commons without the consent of the several pi’ov~
”‘°e3.i’° like Qfiilinsil compact, woiildhe a violation of the federal principle oi’ the
constitution, but the resolution was reiected without debate.”

d Dr.4E_1ugcne _Foi-sey of McGill University notes (Canadian Journal of Economics
on Political Science, Vol. 2, 1936 at page 596) that “there is an historical error on
113381!!! ~31, lhe ‘B.N.A. Act of 1871 was not passed without an address from‘ the
b ui-aiiLioii_ Parliament. The bill was driiited at the request of the Dominion Cabinet,
tilt 5’1 mitted to the British Pzirliamoiit only after an address from both Houses of
Br<éh_Bl0g‘lzDil:_:;i P&t|4’}lll‘i.lI‘il¢))Iibb l{Journal%nfth1c H. of C‘. of Can. 1871, pp. 291-4, 13004; – 1- men r1 2 11 . , . . – . . 2 – 1 pp. 138’ my 305’ 724%‘ es, ser V0 206 pp 778 i171 1499, 1598 V0 207 (’°) See section 146 of TlieBritish North America Act, 1867 and ‘note (75) See %‘l79°t1,11}0 British North America Act oi 1886. Manitoba, carved out of the North fess t_el’K‘l.i.J3l‘leS. was the first of the new provinces to be established after Con- Ot ;T9«603- The Canadian Act of 1870 (see 1_’£srt IV), was ‘passed in aiiticipatioii T1 1% r or in Council printed in Part III of this volume admitting those territories. 19 mllcniil Act of 1871 (above) confirms the Canadian Act. 95 Short title. Parliament of Canada may estab- lish new Provinces and provide for the con- atitution, o£c., thereof. 96 Alteration of limits of Provinces. Parliament Canada may legislate for any ter- ritory not included in a Province. Confirma- tion of Acts of Parlia- ment of Canada, 32 d: 33 Viot., (Canadian) cap. 3, 33 V}ct.. (Cana- dian) cap. 3. Limitation of powers of Parliament of Canada ‘ to legislate for an estab- lished Prov- inoe. British North America Act, 1871. 3. The Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby. 4. The Parliament of Canada may from time to time make provision for the administration, peace, order, and good government of any territory not for the time being included in any Province. 5. The following Acts passed by the said Parliament of Canada, and intituled respectively;-—“An Act for the temporary gci]ve1’n1neGnE of_tI1t1ué>ort’sCz1 I;,and 3ndAthi1\;<)firth WesiterndTerrtitory
W en um e wi ans :1. ‘an n c oamcn an coninue
the Act thirty—tWo and thiity-three Victoria, chapter three, and
to establish and provide for the government of the Province
of Manitoba,” shall be and be deemed to have been valid and
effectual for all purposes whatsoever from the date at which
they respectively received the assent, in the Qucen’s name, of
the Governor General of the said Dominion of Canada.

6. Except as provided by the third section of this Act, it
shall not be competent for the Parliament of Canada to alter
the provisions of the Iast—mcntioned Act of the said Parliament
in so far as it relates to the Province of Manitoba, or of any
other Act hereafter establishing new Provinces in the said
Dominion, subject always to the right of the Legislature of the
Province of Manitoba to alter from time to time the provisions
of any law respecting the qualification of electors and members
of the Legislative Assembly. and to make laws respecting
elections in the said Province. (39)

(80) It has been suggested that the resolutions of the Senate and House. of
Commons, preceding the amendments made by the U.K. Parliament to the British
North America Act, 1867 should be set out in full. It appears that one such resolution
should be given, as the lorm is always the same, except for the amendment itself
which constitutes the Imperial Act, therefore onl one such resolution will be found
in this book, that is the one preceding the B.N. . Act 1940, being the last amend-
ment to date to our constitution.

THE PARLIAMENT OF CANADA ACT, 1875.(“)
38-39 VICTORIA, CHAPTER 38.

An Act to remove certain doubts with respect to the pow-
ers of the Parliament of Canada under section eigh-
teen of the British North America Act, 1867.

{19th July, 1876.]

WHEREAS by section eighteen of the British North America
Act, 1867, it is provided as follows: “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 :”

And Whereas doubts have arisen with regard to the power
of defining by an Act of the Parliament of Canada, in pursuance
of the said section, the said privileges, powers, or immunities;
and it is expedient to remove such doubts:

_Be it therefore enacted by the Queens Most Excellent
Maiesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows :—

1. Section eighteen of the British North America Act,
1867, is hereby repealed, without prejudice to anything done
under that section, and the following section shall be substituted
for the section so repealed.

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,

ex T1 . . . . . . i A ,
SkeI(wZ1 usiéeoI1li(i);iVcSe((l‘;iZi)ea§ill:’vs§<ii)l:_iri obtaining this amendment W23 outlined by Di.

f‘The object of this Act was to settle doubts as to the power of parliament under
Beltilliltln 18 pf the B.N.A. Act to define its oivn privileges, powers, and immunities.
an to validate the Oaths Bill. It was enacted to settle a question that had arisen
:18 to the power of ii. parliamentary committee to require evidence on oath, and
b 3;) Ito validate the Oaths Bill, which had been passed b the Canadian Parliament.
U11 _ 9é’»0J!;(_(_ZllB&llOVVed, _The procedure again was that t in Act was passed by the
Tlngte iiiizdom piiximmont,_ merely at the request of the Canadian govemnient.
“5 Pfiflcednre was defended in the Dominion parliament on tho gi-cunt} that Airlin-
}’:“f3tu18’d “l¥’¢8dY Ilpnroved the object by pmisiziiz the Oaths Bill which li_ been
A0 Iti-ii vines. and the purpose of the United Kingdom Act was to validate it.
huiefitlétfigivgizmmiding parliuinentm-y rather than executive action was introduced

97
l89o5——7

Substitu-
timipf new
section for
section 18 of

98

Confirma-
tion of Act
of Parh’9.«

meat of Can-

ada 81 & 32
Vict., c. 24.

Short title.

Parliament of Canada Act, 1875.

but so that any Act of the Parliament of Canada defining such
privileges, immunities, and powers shall not confer any privi-
leges, immunities, or powers exceeding those at the‘ passing
of such Act held, enjoyed, and exercised by the Commons
House of Parliament of the United Kingdom of Great Britain
and Ireland, and by the Members thcreof.(3’)

2. The Act of the Parliament of Canada passed in the
thirty—first year of the reign of Her present Majesty, chapter
twenty~four, intituled “An Act to provide for oaths to witnesses
being administered in certain cases for the purposes of either
House of Parliamen ,” shall be deemed to be valid, and to
have been valid as from the date at which the Royal Assent
was given thereto by the Governor General of the Dominion
of Canada.

3. This Act may be cited as the Parliament of Canada
Act, 1875.

(39) See section 18 of the British North America Act. 1867. and note (31).

THE BRITISH NORTH AMERICA ACT, 1886. (33)
49-50 VICTORIA, CHAPTER 35.

An Act respecting the Representation in the Parliament
of Canada of Territories which for the time being
form part of the Dominion of Canada, but are not in-
cluded in any Province.

[25th June, 1886.]

Whereas it is expedient to empower the Parliament of Canada
to provide for the representation in the Senate and House of Com-
mons of Canada, or either of them, of any territory which for the
time being forms part of the Dominion of Canada, but is not
included in any province: –

Be it therefore enacted by the Quecn’s mosi Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same as follows:—

(Norm: The preamble to this Act was repealed by the
Statute Law Revision Act, 1898, 61~62 Vict., c. 22.)

1. The Parliament of Canada may from time to time
make provision for the representation in the Senate and House
of Commons of Canada, or in either of them, of any territories
which for the time being form part of the Dominion of Canada,
but are not included in any province thereof.

2. Any Act passed by the Parliament of Canada before
the passing of this Act for the purpose mentioned in this Act
shall, if not disallowed by the Queen, be, and shall be deemed
to have been, valid and eifectual from the date at which it
received the assent, in Her Majesty’s name, of the Governor
General of Canada.

It is hereby declared that any Act passed by the Parliament
of Canada, Whether before or after the passing of this Act,
for the purpose mentioned in this Act or in the British North
Amer1<_:a Act, 1871, has cfifect, notwithstanding anything in the British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of Members’, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories of Canada.(3″) (ea) Th . d . . . . v_ Skew?! as f9oIl>lf)<;(VEe (Ego obtaining this amendment was outlined by Dr.
, ” $5 Obiect was to empower parliament to provide for representatio cl territories
‘B 329 _Sen8fge and House of Commons. The 18_71 Act had been tonempower the
fl]<i)sAIn1t0n make provinces out of the _terr_itor1es, and give thorn representation;
and H00 Was 1;o(empowor them togwe temtories, as such. representation in the Senate
“E US; ‘I: zommqnfi. as _DL\rl18.men\; saw fit._ The procedure was that the Act
the “WW 3’ the United Kingdom pm-hzunent in accordance with an address from
not 8813220 band House of Commons. The provinces were not cons\_1ltcd,’&nd did
18 rem tag e o;)nsu.lte_d, though if the B.N.A. Act was a treaty, modification In the
boil nteion in parliament, changing the bulaiioe of sectional power, might have

I(:;)nS nded to require the consent of the existing provinces.”
t‘ . – – .- < ~
North Amegrggca I165: gfl 11§77<1>‘f gliffnmsh North Ameuca Act, 1887, and also the British
99

l8955—7§

Rep. 81-62
Visit. 0.. 22
(I mpcrial) .

Provision by
Parliament
of Canada
for represen-
tation of
territories.

Efieet of
Acts of Pan-
liament of
Canada.

34 & 35
Viet., c. 28.

30 «in 31
Via‘… c. 3.

100

Short title
and con-
Struction.
30 & 31
Vick. 0. 3

34 6: 35
Vict., c. 28,

The British N orth America Act, 1886.

3. This Act may be cited as the British North America
Act, 1886. )

This Act and the British North America Act, 1867, and
the British North America Act, 1871, shall be construed
together, and may be cited together as the British North
America Acts, 1867 to 1886. ‘

THE CANADA (ONTARIO BOUNDARY) ACT,
1889

52~53 VICTORIA, CHAPTER 28.

An Act to declare the Boundaries of the Province of
Ontario in the Dominion of Canada.

[1 2th August, 1889]

VVHEREAS the Senate and Commons of Canada in Parliament
assembled have presented to Her Majesty the Queen the address
set forth in the schedule to this Act respecting the boundaries
of the Province of Ontario:

And whereas the Government of the Province of Ontario
have assented to the boundaries mentioned in that address:

And whereas such boundaries, so far as the Province of
Ontario adjoins the Province of Quebec are identical with
those fixed by the proclamation of the Governor General issued
in November, one thousand seven hundred and ninety—one,
which have ever since existed:

And whereas such boundaries, so far as the Province of
Ontario adjoins the Province of Manitoba, are identical with
those found to be the correetboundaries by a report of the
Judicial Committee of the Privy Council, which Her Majesty
the Queen in Council, on the eleventh day of August, one
thousand eight hundred and eighty-four, ordered to be carried
into execution:

And whereas it is expedient that the boundaries of the
Province oi Ontario should be declared by authority of
Parliament in accordance with the said address.

’Be it therefore enacted by the Queen’s most Excellent
M?_lJ55St3′, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Canada (Ontario Boundary) Short title.
Act, 1889.

2. It is hereby declared that the westerly, northerly, and Deolimitiozi
easterly boundaries of the Province of Ontario are those l(’,‘f,‘;§f§‘°5

described in the address set forth in the schedule to this Act.

BOUNDARIES OF THE PROVINCE OF ONTARIO

SCHEDULE

Annnass ‘TO THE Qunsn FROM THE Snnwrn AND House or Commons
or CANADA,
C We: Your Majesty’s most dutiful and loyal subjects, the Senate and
1 Olpmons ‘of Canada, in Parliament assembled, humbly approach Your
Maleslry With the request that Your Majesty may be graciously pleased to
cause 2. measure to he submitted to the Parliament of the United Kingdom,

101

102

The Canada {0nta7’z’a Boundary) Act, 1889.

declaring and providing the following to he the westerly, northerly, and
easterly boundaries of the Province of Ontario, that is to say:——

Commencing at the point where the international boundary between
the United States of America. and Canada strikes the western shores of Lake
Superior, thence westerly along the said boundary to the north-west angle
of the Lake of the Woods, thence along a line drawn due north until it strikes
the middle line of the course of the river discharging the waters of the lake
called Lake Seul or the Lonely Lake, whether above or below its confluence
with the stream flowing from the Lake of the Woods towards Lake Winnipeg,
and thence proceeding eastwart from the point at which the before-mentioned
line strikes the middle line of the course of the river last aforesaid, along the
middle line of the course of the same river (whether called by the name of
the English River or, as to the part below the confluence, by the name of
the River Winnipe up to Lake Seul or the Lonely Lake and thence along
the middle line of ake Soul or Lonely Lake to the 1108. of that lake, and
thence by a straight; line to the nearest point of the middle line of the waters
of Lake St. Joseph, and thence along that middle line until it matches the
foot or outlet of that lake, and thence along the middle line of the river by
which the waters of Lake St. Joseph discharge themselves to the shore of the
part of Hudson’s Bay commonly known as James Bay, and thence south-
east/erly following upon the said shore to a point where a line drawn due
north from the head of Lake Temiscemingue would strike it, and thence
due south along the said line to the head of the said lake, and thence through
the middle channel of the said lake into the Ottawa River, and thence descend«
ing along the middle of the main channel of the said river to the intersection
by the prolongation of the western limits of the Seigneurie of Rigaud, such
mid—ehanne1 heing indicated on a map of the Ottawa Ship Canal Survey
made by Walter Shanly, C.E., and approved by Order of the Governor
General in Council, dated the twenty«fi.rst July, one thousand eight hundred
and eighty-six; and thence southerly, following the said westerly boundary
of the Scigneurie of Rigaud to the south-west angle of the said Seigneurie,
and then southerly along the western boundary of the augmentation of the
T0\VnSllip of Newton to the north-west angle of the Seigneurie of Longueuil,
and thence south—easterly along the south-western boundary of said Seigneurie
of New Longueuil to the stone boundary on the north bank of the Lake St.
Francis, at the cove west of Point an Baudet, such line from the Ottawa.
River to Lake St. Francis being as indicated on a plan, of the line of boundary
between Upper and Lower Canada, made in accordance with the Act 23
Victoria, chapter 21, and approved by Order of the Governor General in
Council, dated the 16th of March, 1861.

THE STATUTE LAW REVISION ACT, 1893.‘(“)

56-57 VICTORIA, CHAPTER 14.

An Act for further promoting the Revision of the Statute
Law by repealing Enactments which have ceased to
be in force or have Become unnecessary.

[.9th June, 1893.]

Wiiiinnas it is expedient that certain enactments, which
may be regarded as spent, or have ceased to be in force other-
wise than by express specific repeal by Parliament, or have,
by lapse of time or otherwise become unnecessary, should be
expressly and specifically repealed:

Be is therefore enacted by the Qi1een’s most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as fol1oWs:—

1. The enactments described in the schedule to this Act
are hereby repealed, subject to the provisions of this Act and
subject to the exceptions and qualifications in the schedule
mentioned; and every part of a title, preamble, or recital specified
after the words “in part, namely,” in connexion with an Act
mentioned in the said schedule may be omitted from any
revised edition of the statutes published by authority after the
passing of this Act, and there may be added in the said edition
such brief statement of the Acts, ofiicers, persons, and things
mentioned in the title, preamble, or recital, as may in consequence
of such omission appear necessary:

Provided as follows:

The repeal of the words or expressions of enactment
described in the said schedule shall not affect the binding
force, operation, or construction of any statute, or of any
part of a statute, whether as respects the past or the future;

and where any enactment not comprised in the said
schedule has been repealed, confirmed, revived, or per-
petuated by any enactment hereby repealed, such repeal,
confirmation, revivor, or perpetuation shall not be affected
by the repeal effected by this Act;

and the repeal by this Act of any enactment or schedule
shall not affect any enactment in which such enactment
or schedule has been applied, incorporated, or referred to;

(“l “The story of the amendments is simple. Periodically the British Perim-
ment passes a Statute Law Revision Act, the obiect of which is to clear the English
statute law of enmtnients which have either ceased to be in iorce or_have become
iuineeessn-ry, but which have not been expressly repealed. The revision Act is pre-
Pflmtl by the Statute Law Commif.tee,set up in 1868 by Lord Cairns to so rintend
the publication ci_the revised edition of the statutes.” F. R. Scott in The anadian
Bar Review. April 1942, p. 340.

103.

Eiiactmsnts
in schedule
repealed.

104

Application
of repealed
enactmon ts
in local
courts.

Citation by

short titles.

Short title,

The Statute Law Revision Act, 1893.

nor shall such repeal of any enactment affect
any right to any heriditary revenues of the Crown, or
affect any charges thereupon or prevent any such enact-
ment from being put in force for the collection of any
such revenues, or otherwise in relation thereto;

and this Act shall not affect the validity, invalidity,
effect, or consequences of anything already done or suf-
fercd,—or any existing status or capacity,»-or any right,
title, obligation, or liability already acquired, accrued, or
incurred, or any remedy or proceeding in respect thereof,———
or any release or discharge of or from any debt, penalty,
obligation, liability, claim, or demand,——or any indemnity,-
or the proof of any past act or thing;

nor shallthis Act affect any principle or rule of law or
equity, or established jurisdiction, form or course of plead-
ing, practice, or procedure, or the general or public nature
of any statute, or any existing usage, franchise, liberty,
custom, privilege, restriction, exemption, office, appoint-
ment, payment, allowance, ercolument, or benefit, or any
prospective right notwithstanding that the sum respec-
tively may have been in any manner aflirmed, recognized,
or derived by, in, or from any enactment hereby repealed;

nor shall this Act revive or restore any jurisdiction,
office, duty, drawback, fee, payment, franchise, liberty,
custom, liability, right, title, privilege, restriction, exemp-
tion, usage, practice, procedure, form of punishment, or
other matter or thing not now existing or in force’

and this Act shall not extend to repeal any enactment
so far as the same may be in force in any part of Her,
Majesty’s dorninions out of the United Kingdom, except
where otherwise expressed in the said schedule.

2. If and so far as any enactment repealed by this Act
applies or may have been by Order in Council applied to the
court of the county palatine of Lancaster or to any inferior
court of the civil jurisdiction, such enactment shall be construed
as if it were contained in a local and personal Act specially
relating to‘ such court and shall have effect accordingly.

3. Where any Act cites or refers to another Act otherwise
than by its short title, the short title may, in any revised edition
of the Statutes printed by authority, be printed in substitution
for such citation or reference.

8934-. This Act may be cited as the Statute Law Revision Act,
1 .

The Statute Law Revision Act, 1893. 105

SCHEDULE. (E0)

Reign and Chapter Title

(Inter (Ilia)

30 and 31 Viot., c. 3. The British North America Act. 1867.

In part; namely.-

Froxp “Be it therefore” to “same as follows.”

Section two.

Section four to “provisions” where it last occurs.

Section twenty~five.

Sections [arty-two and forty-three.

Section fiityvone, from “of the census” in “seventy-one
and” and the word “subsequent.”

Section eighty~one.

Section oiglity-eight, from “und the House” torthe end of
the section.

Sections eighty-nine and one hundred and twenty-seven.

Section one hundred and Iorty~five. ‘

’ ‘Repealed as ho ull Her Majesty’s Dominxous.
31-32 Vick, o. 105..‘ Rupert’s Land Act, 1868.

(35) T_here are 7 6 pages in the Schedule to this Act, covering repealed enactments
from 7 Will. 4 and 1 Vict.. c. 25 (1837) to 31 and 32 Vic1;., o. 129 (1868). Applionbie
lines only are given here.

18955—8

Confirma-
tion of
Canadian
Act with
respect to
Speaker of
Senate.

Short title.

THE CANADIAN SPEAKER (APPOINTMENT
OF DEPUTY) ACT, 1895

59 VICTORIA, CHAPTER 3.

An Act for removing Doubts as to the Validity of an Act
passed by the Parliament of the Dominion of Canada
respecting the Deputy-Speaker of the Senate.

[5th September, 1895]

WHEREAS the Parliament of Canada have passed an Act
intitulcd “An Act respecting the Speaker of the Senate,” and
providing for the appointment of a deputy during the illness or
absence of the Speaker of the Senate, and containing a suspend—
ing clause to the effect that the Act should not come into force
until Her Majesty’s pleasure thereon has been signified by
proclamation in the Canada Gazette.‘

And whereas doubts have arisen as to the power of the
Parliament of Canada to pass that Act, and it is expedient to
remove those doubts:

Be it therefore enacted by the Queen’s Most Excellent
Majesty. by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as fo1lo\\’s:—~

1. The Act of the Parliament of Canada passed in the
session held in the fifty-seventh and fifty—eighth years of Her
Majesty’s reign, entitled “An Act respecting the Speaker of the
Senate,” shall be deemed to be valid, and to have been valid,
as from the date at which the royal assent was given thereto
by the Governor General of the Dominion of Canada. (See the
Act referred to in Part V.)

2. This Act may be cited as the Canadian Speaker (Appoint-
ment of Deputy) Act, 1895, Session 2.

106

BRITISH NORTH AMERICA ACT, 1907. (87)
7 EDWARD VII, CHAPTER 11.

An Act tolmake further provision with respect_ to the
sums to be paid by Canada to the several Provinces of

the Dominion.
, [9th August, 1907.]
\ViiniinAs an address has been presented to His Majesty
by the Senate and Commons of Canada. in the terms set forth
in the schedule to this Act;

Be it therefore cnacted by the King;’s most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows:——

1. (1) The following grants shall be made yearly by
Canada to every province, which at the commencement 0
this Act is a province of the Dominion, for its local purposes
and the support of its Government and Legis1a.ture:——

(0.) A fixed grant-

whcre the population of the province is under one
hundred and fifty thousand, of one hundred thous-
and dollars ;‘

where the population of the province is one hundred
and fifty thousand, but does not exceed two
hundred thousand, of one hundred and fifty
thousand dollars;

where the population of the province is two hundred
thousand, but does not exceed four hundred
l1‘l1?1\1S8.n(l, of one hundred and eighty thousand
co ars;

See Note (W) at the foot of section 118 of the B,N.A. Act, 1867.
(37) The procedure on this amendment has been outlined by “Dr. Skelton, as
follows (op. cit. p. 32):»-
_‘Then. in_1907, silver twenty years. there came the fourth amendment‘ This
Suefi is of particular importance. The object was to provide an increase in and
e mm settlement of federal subsidies to the provinces. . . . , . . . .
-U- , – i »_ . . . . The procedure in this case was that the Act was passed by the
Hnited Kingdom Parliament in ucziordauee with an address from the Senate and
_ Oluse of Commons based on 2‘. series of resolutions passed by ii provincial conference
“1 887 and reuflinned with some changes in similar conferences in 1902 and 1907.
th It has_beeii contended that by adopting this procedure the Dominion rewgnized
the necessity of securing an xuneudnient to the B.N.A.‘Act to effect any oliungo in
a 9 Slébsldy section and the necessity also of consulting the provinces before _:in
men incnt was zequested. Pei-liaps it should rather be said that the Doiiiiiiioii
”e.°°$’mZ°d the desirability from this point of view, of preventing any further pm-
;”h““’i“‘1 dcmafldfi. and sought by eoiisultatioii with the provinces and by utilizing
m :31 E):-Liial method of aitnendineut, to give some degree of _ rinsiionco to l_:l.\e_n.rrange-
tn 1 ~ is efforts were in vain. The proposal made by ir Wiflrid Luurier included
use words Afimil and iinsltergible settlement,” but tliat was reieoted in London
haglmiwmpnate In 3. United Kingdom statute. and revision of_the terms then Icuiiibod
afi-oeeeded gkpuoe. without form 8-l amendment and without incidentally the consent
°f 1 the Provinces.”
107

18955-8;

Payments

f to be made

by Canada
to

Provinces.

108 I>’n’t2’sh North America Act.

where the population of the province is four hundred
thousand, but does not exceed eight hundred
thousand, of one hundred and ninety thousand
dollars;
where the population of the province is eight hundred
thousand, but does not exceed one million five
hundred thousand, of two hundred and twenty
thousand dollars ,-
where the population of the province exceeds one
million five hundred thousand, of two hundred and
forty thousand dollars; and
{ b ) Subject to the special provisions of this Act as to the
provinces of British Columbia and Prince Edward
Island, a grant at the rate of eighty cents per head of
the population of the province up to the number of
two million five hundred thousand, and at the rate of
sixty cents per head of so much of the population as
exceeds that number.

(2) An additional grant of one hundred thousand dollars
shall be made yearly to the Province of British Columbia for
a period of ten years from the commencement of this Act.

(8) The population of the province shall be ascertained
from time to time in the case of the provinces of Manitoba,
Saskatchewan, and Alberta respectively by the last quinquennial
census or statutory estimate of population made under the
Acts establishing those provinces or any other Act of the Parlia-
ment of Canada making provision for the purpose, and in the
case of any other province by the last decennial census for the
time being.

(4) The grants payable under this Act shall be paid half-
yearly in advance to each province.

(5) The grants payable under this Act shall be substituted
for the grants or subsidies (in this Act referred to as existing
grants) payable for the like purposes at the commencement of

3° and 3, this Act to the several provinces of the Dominion, under the

Vict.,c. 3. provisions of section one hundred and eighteen of the British
North America Act, 1867, or of any Order in Council establishing
a province, or of any Act of the Parliament of Canada containing
directions for the payment of any such grant or subsidy, and
those provisions shall cease to have effect.

(6) The Government of Canada shall have the same power
of deducting sums charged against a province on account of
the interest on public debt in the case of the grant payable
under this Act to the province as they have in the case of the
existing grant.

(7) Nothing in this Act shall affect the obligation of the
Government of Canada to pay to any province any grant which
is payable to that province, other than the existing grant for
which the grant under this Act is substituted.

(8) In the case of the provinces of British Columbia and
Prince Edward Island, the amount paid on account of the grant
payable per head of the population to the provinces under this
Act shall not at any time be less than the amount of the cor-
responding grant payable at the commencement of this Act;

Biitislz North America Act

and if it is found on any decennial census that the population
of the province has decreased since the last decennial census,
the amount paid on account of the grant shall not be decreased
below the amount then payable, notwithstanding the decrease
of the population. –

2. This Act may be cited as the British North America
Act, 1907, and shall take effect as from the first date of July,
nineteen hundred and seven.

SCHEDULE.
To the Kings Most Excellent Majesty.

M osi Gracious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the Senate and
Commons of Canada, in Parliament assembled, humbly approach Your
Majestfy for the purpose of representing that it is eigaedient to amend the
scale 0 payments authorized under section 118 of the ets of the Parliament
of the United Kingdom of Great Britain and Ireland, commonly called
the British North America Act, 1867, or by or under any terms or conditions
upon which any other provinces were admitted to the Union, to be made by
Canada to the several provinces of the Dominion for the support of their
Governments and Legislatures by providing that–

A. Instead of the amounts now payable, the sums hereafter payable

ments and Legislatures be accor mg to population, and as iolloivs:—

(a) Where the population of the province is under 150,000, $100,000;

(1) J Where the population of the province is 150,000, but does not exceed
200,000 $150,000;

(6) Where the population of the province is 200,000, but does not
exceed 400,000, $180,000;

(d) Where the population of the province is 400,000, but does not
exceed 800,000, $190,000;

(6) Where the population of the province is 800,000, but does not
exceed 1,500,000, $220,000;

(f) Where the population of the province exceeds 1,500,000, $240,000.

B. Instead of an annual grant per head of population now allowed,
the annual payment hereafter be at the same rate of eighty cents per head,
but on the population of each province, as ascertained from time to time
by the last decennial census, or in the case of the provinces of Manitoba,
Saskatchewan, and Alberto res ectively, by the last quinquennial census
or statutory estimate, until suc population exceeds 2,500,000, and at the
rate of sixty cents per head for so much of said population as may exceed

1 2

yearly by Canada to the several rovinces for the sup ort of their (govern-
E P

C. An additional allowance to the extent of one hundred thousand
dollars annually be paid for ten years to the province of British Columbia.

D. Nothing herein contained shall in any way supersede or afiect the
terms special to any particular province upon which such province became
part of the Dominion of Canada, or the right of any province to the payment
°f MJY special grant heretofore made by the Parliament of Canada to any
Pmvmce for any special purpose in such grant expressed.

t We pray that Your Majesty may be graciously pleased to cause 1) measure
P0 be lsu_cl_ before the Imperial Parliament at its resent Session repealing
-11,6 provisions of section 118 of the British North
sfild) and substituting therefor the scale of payments above set forth, which
20811 be a final and _unaIterable settlement of the amounts to be paid yearly
the several provinces of the Dominion for their local purposes, and the
5l1PlJ0rt; of their Governments and Legislatures.
Eh glleh grants shall he made half—year1y in advance to each province, but
0 A overnment of Canada shall deduct from such grants as against any
Pr°V1-We all sums chargeable as interest on the public debt of that province
“1 excess of the several amounts stipulated in the said Act.

109

Short titlo
and inter-
pretation .

erica Act, 1867, afore~ _

110

Brmslz N orth America 1102‘.

All of which we humbly pray Your Majesty to take into your fuv(>uro.ble
and gracious uonsidemtion.

(Signed) R. DANDURAND,
Speaker of the Senate.

(Signed) R. F. SUTI-IERLAND,
Speaker of the House of Commons.

Senate and House of Commons,
Ottawa, Canada,
26th April, 1907. (ss)

(’45) “As eurly as 1869 increased subsidies were granted to Nova. Sootia. by Dom-
iuion statute. Edward Bloke moved in the Cnnudinn House of Commons against
that procedure on the ground that it was an unauthorized assumption of power on
the part of the Dominion, but the Dominion parliament declined to accept his view
and the law oflioers of the Crown in London, when consulted, advised that the Act
was one which the Dominion parliament was competent to pass under section 91.
Later in the some ear the Leg:isls.ture oi Ontario votegl an address to the Queen to
have it declared tint parliament had not power to disturb the financial relations
between the Dominion and the seveml provinces as established in the B.N,A. Act.
Blake, admitting that the Federal parliament now possessed the flower to vary
these relations, in view 0! the interpretation that had been given by t e law olficers,
sought vainly to prevent the power being used—but a resolution was passed by the
House of Commons by 130 to X0, against any further iucrea.ses in provincial grants,
a resolution which proved not worth the paper it was written on. Mr. J. A. Maxwell
sums up the development thus: “In the sixty odd years since 1869. there have been
three general revisions scaling up the grants given to all the pi-ovmees,_ and more
than a score of special revisions affecting every one. Despite heavy withdrawals
from capital account (i481 debt nllownuees) the four original provinces in 1928-1_929
draw more than 35 times as much from the federal treasury as had been promised
in the B.N.A. Act.” (Dr. 0. D. Skelton, 07:. mt. p. 33.)

THE BRITISH NORTH AMERICA ACT, 1915.(”)

5-6 GEORGE V, CHAPTER 45.

An Act to amend the British North America Act, 1867.
’ [19th May, 1915]

Be it enacted by the King’s most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows :—-

1. (1) Notwithstanding anything in the British North
America Act, 1867, or in any Act amending the same, or in any
Order in Council or terms or conditions of union made or
approved under the said Acts or in any Act of the Canadian
Parlia,ment——

(i) The number of senators provided for under section
twenty-one of the British North America Act, 1867,
is increased from seventy-two to ninety-six:

(ii) The Divisions of Canada in relation to the constitution
of the Senate provided for by section twenty-two of
the said Act are increased from three to four, the
Fourth Division to comprise the Western Provinces
of Manitoba, British Columbia, Saskatchewan, and
Alberta, which four Divisions shall (subject to the
provisions of the said Act and of this Act) be equally
represented in the Senate, as follows:——Ontario by
twenty—four senators; Quebec by twenty—four senators;
the Maritime Provinces and Prince Edward Island
by twenty—four senators, ten thereof representing
Nova Scotia, ten thereof representing New Brunswick,
and four thereof representing Prince Edward Island;
the Western Provinces by tWcnty—four senators, six
thereof representing Manitoba, six thereof representing
British Columbia, six thereof representing Saskatche-
wan, and six thereof representing Alberta:

The number of persons whom by section twenty—s’1x of
the said Act the Governor General of Canada may,
upon the direction of His Majesty the King, add to
the Senate is increased from three or six to four or
eight, representing equally the four divisions of Canada:

(iii)

an D(“”§5])I?1′. Shelton’: comments in the case of this amendment are as follows (op.

U – .

d. , ,0bJect: To increase the number of senators and alter the main senatorial
melons.

K. Pdroceclure:_ The procedure adopted was that the Act wasémssed by the United

oflgg om parliament following an address by the Senate an House of Commons

mo mnada. ‘Prince Edward Island made representations before a House of Com~

mans glimmittee, Wl]lcl1_ were not accepted. Other provinces were not consulted

b in 62 no representations, Clhe suggestion was made in the House of Commons
it . 1“ – Turizeon. now Senator Turgeon, that the provinces should be consulted,

it was not acted upon.”

111

Alteration
of con-
stitution
of Senate.
30 and 31
Vict-. c. 3.

112 Biitish North America Act, 1915.

(iv) In case of such addition being at any time made the
Governor General of Canada shall not summon any
person to the Senate except upon a further like
direction by His Majesty the King on the like recom-
mendation to represent one of the four Divisions until
such Division is represented by twenty—four senators
and no more:

(V) The number of senators shall not at any time exceed
one hundred and four:

(vi) The representation in the Senate to which by section
one hundred and forty—seven of the British North
America Act, 1867, Newfoundland would be entitled
in case of its admission to the Union is increased from
four to six members, and in case of the admission of
Newfoundland into the Union, notwithstanding any-
thing in the said Act or in this Act, the normal number
of senators shall be one hundred and two, and their
maximum number one hundred and ten:

gland 59 (vii) Nothing herein contained shall affect the powers of

‘°“’°’35’ the Canadian Parliament under the British North
America Act, 1886.

Renamed (2) Paragraphs (i) to (vi) inclusive of subsection (1) of this

$7133 G°°- V» section shall not take effect before the termination of the now existing

Canadian Parliament. (‘~‘°)

Constitution 2. The British North America Act, 1867, is amended by
adding thereto the following section immediately after section
‘ fifty—one of the said Act :-

“5lA. Notwithstanding anything in this Act a province
shall always be entitled to a number of members in the House
of Commons not less than the number of senators representing
such province.

Shorttitlo. 3. This Act may be cited as the British North America
Act, 1915, and the British North America Acts, 1867 to 1886,
and this Act may be cited together as the British North America
Acts, 1867 to 1915.

Subaectidn two of section one.
‘86(“) Repealed by the Statute Law Revision Act, 1927 (Chapter 42), See supra
p. .

THE BRITISH NORTH AMERICA ACT , l916.(“‘)

6~7 GEORGE V, CHAPTER 19.

An Act to amend the British North America Act, 1867. A-D~1916-

[1stJune, 1916.]

Be it enacted by the King’s most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this Present Parliament assembled,
and by the authority of the same, as follows z—–

1. Notwithstanding anything in the British North America
Act, 1867, or in any Act amending the same, or in any Order
in Council, or terms or conditions of Union, made or approved
under the said Act, or under any Act of the Canadian Parliament,
the term of the Twelfth Parliament of Canada is hereby extended
until the seventh day of October, nineteen hundred and seventeen.

This Act re-
pealed 17-l8
George V.
ch. -12.

Extension

of duration
of Twelith
Parliament
of Cmmdn‘.
30 & 31 View
a. 3.

2. This Act may be cited as the British North America Act, 5’-\°’”i“°~

1916’, and the British North America Acts, 1867 to 1915, and this
Act may be cited together as the British North America Acts, 1867
I0 1916’.

(91) D1-. Skelton comments (GPA cit. p. 35):-

“The obiect of this amendment was to lengthen the ten/n of the existing Pnrha
mom. for one year. The procedure was on an address by both houses. The provinces
were not consulted mid. as far as I recall, they were not referred to in the debate.”

_‘ This Act was repealed by the Statute Law Revision Act. 1927 (01lD-P501“ 42)-
bee supra p. 86.

113

THE STATUTE LAW REVISION ACT, 1927.02)
17~18 GEORGE V, CHAPTER 42.

An Act for further promoting the Revision of the Statute
Law by repealing Enactments which have ceased to
be in force or have become unnecessary.

[92nd December, 1927.]
VVHEREAS, etc.

l3″“°}f*f,°’1I°5 1. The enactments described in Parts I and II of the Sche-

f.§:e°,,,1:d‘_’° duie to this Act arehereby repealed, subject to the provisions
of this Act and subject to the exceptions and qualifications in
the said schedule mentioned; and every part of {L title, preamble,
or recital specified after the Words “in part, namely,” in con-
nexion with an Act mentioned in the said schedule may be
omitted from any revised edition of the statutes published
by authority after the passing of this Act, and there may be
added in the said edition such brief statement of the Acts,
officers, persons, and things mentioned in the title, preamble,
or recital, as may in consequence of such omission appear
necessary:

Provided as foll0ws:—etc.

Shgrttitle 4. (1) This Act may be cited as the Statute Law Revision
“” °“°“” Act, 1927, etc.

SCHEDULE

Raven.

Reign and Chiipbsr Short Title

{Inter aliu)
5 rand 6 Geo. 5, c. 45. The British North America Act, 1915.
In part, nu.mely,—~
Section one, subsection (2).

c 19. The British North America Act, 1916.

(91) See note (35) ante.

Subsection (2) of section one of ch. 45 of the Act of 1915 simply referred to the
coming into force of certain paragraphs of the said section. The Act oi’ 1916 was for
the purpose of lengthening the term of the existing I’s,r1imuent for one year.

114

THE BRITISH NORTH AMERICA ACT, 1930
20-21 GEORGE V, CHAPTER 26

An Act to confirm and give eifect to certain agreements
entered into between the Government of the Dom-
inion of Canada and the Governments of the Provinces
of Manitoba, British Columbia, Alberta and Saskat-

chewan respectively. ,
. [10th July, 1930.]

WIIEREAS the agreements set out in the Schedule to this
Act were entered into between the Government of the Dominion
of Canada and the Governments of the Provinces of Manitoba,
British Columbia, Alberta and Saskatchewan respectively sub—
jeet, however, in each case to approval by the Parliament of
Canada and the Legislature of the Province to which the agree-
ment relates and also to confirmation by the Parliament of the
United Kingdom:

And whereas each of the said agreements has been duly
approved by the Parliament of Canada. and by the Legislature
of the Province to which it relates:

And Whereas, after the execution of the said agreement
relating to the Province of Alberta, it was agreed between the
parties concerned, subject to such approval and confirmation
as aforesaid, that the said Province should, in addition to the
rights accruing to it under the said agreement as originally
executed, be entitled to such further rights, if any, with respect
to the subject matter of the said agreement as were required
to be vested in the Province in order that it might enjoy rights
equal to those which might be conferred upon or reserved to
the Province of Saskatchewan under any agreement upon a
like subject matter thereafter approved and confirmed in the
manner aforesaid, and provision in that behalf was accordingly
made by the Parliament of Canada and the Legislature of the
Province of Alberta when approving the said agreement:

And whereas the Senate and Commons of Canada in
Parliament assembled have submitted an address to His Majesty
P}‘9»ylIIg that His Majesty may graciously be pleased to give
his consent to the submission of a measure to the Parliament

Of tlée United Kingdom for the confirmation of the said agree-
men s:

_Be it therefore enacted by the King’s most Excellent
M’_lJ§3Sl3y, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows :-

115

116

Confirms-
tion
scheduled
agreements.
30 & 35 Wet,

. 11.3.

Extension

of scheduled

agreement

relating to
lberta,

Short title.

Britt’s]; North America Act, 1930.

1. The agreements set out in the Schedule to this Act
are hereby confirmed and shall have the force of law notwith~
standing anything in the British North America. Act, 1867,
or any Act amending the same, or any Act of Parliament of
Canada, or in any Order in Council or terms or conditions
of union made or approved under any such Act as aforesaid.

2. The agreement relating to the Province of Alberta
which is confirmed by this Act shall be construed and have
effect for all purposes as if it contained a provision to the fol-
lowing effect, namely, that the said Province shall, in addition
to the rights accruing to it under the said agreement as origin-
ally executed, be entitled to such further rights, if any, with
respect to the subject matter of the said agreement as are
required to be vested in the Province in‘ order that it may
enjoy rights equal to those conferred upon, or reserved to,
the Province of Saskatchewan under the agreement relating
to that Province which is confirmed by this Act.

3. This Act may be cited as the British North America
Act, 1930, and the British North America Acts, 1867 to 1916,
and this Act may be cited together as the British North America
Acts, 1867 to 1930.

SCHEDULE (‘’3)

(“) The Schedule to the British North America Act 1930 contains men-roruuda
of Agreements between Canada and the Western Provinces. As those Agreements
are s\zbsequentiy printed in Part IV, entitled Acts of Canada (Relating to Provincial
Matters), it has not been judged necessary that they should be transcribed twice.

(1) For the Memorandum of Agreement between Canada and Manitoba, and

getwmggaiisda, Ontario and Manitoba, see The Manitoba Natural Resources
ct, p. 5. V .

(2) For the Memorandum of Agreement between Canada and Alberta, see The
Alberta Natural Resources Act, p. 260.

(3) For the Memorandum of Agreement between Canada. and Saskatchewan.
sea The Saskatchewan Natural Resources Act, 1:. 311.

(4) For the Memorandum of Agreement between Canada and British Columbia,
see The Railway Belt and Peace River Block Act, 11. 286.

BRITISH NORTH AMERICA ACT, 1940. (9″‘)

3-4 GEORGE VI, CHAPTER 36.

An Act to include unemployment insurance among the
classes of subjects enumerated in section ninety-one
of the British North America Act, 1867.

[10th July, 1940.1

XVHEBEAS the Senate and Commons of Canada in Parlia—
merit assembled have submitted an address to His Majesty
praying that His Majesty may graciously be pleased to cause
a Bill to be laid before the Parliament of the United Kingdom
for the cnzretinent of the provisions hereinafter set forth :-

Be it therefore enacted by the King’s most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same. as follows 1-

l. Section ninety—one of the British North America Act,
1867, is amended by inserting therein, after item 2 “The regu-
lation of trade and commerce”, the following ite1n:~—

“ZA. Unemployment insurance.”

2. This Act may be cited as the British North America.
Act: 1940, and the British North America. Acts, 1867 to 1930,
the British North America Act, 1907, and this Act may be cited
together as the British North America Acts, 1867 to 1940.

(“) The procedure in this case \*m.s that the Act was passed by the 1’8«|‘1i&nWl1″r
of the United Kingdom in accordance with an address (mm the Senate and House
ommons.

The address was moved (and the motion agreed to) in the House of Commons
of the 25 or June, 1940. The provinces had been previously consulted and all of them
had consented to the amendment being made.

It is interesting to note in connection with this matter that The Unemployment
and Seoul Insumncc Act (chapter 38 of the Statutes of Canada, 1935) had been declared
ultra was by a majority of the Supreme Court of Canada. in 1938 and by the Judicial
Comnintec of the Privy Council on the 28th of January, 1937, thus necessitating
the amendment of the B.N./L Act.

Less than n_\veok nicer the amendment had been adopted by the Parliament
of the United Kingdoni The Unemployment Insurance Act, 191,0 (34 Geo, VI, ch. 44)
was introduced in the House of Commons of Canada. The Bill was assented to
on the 7th of August, 1940.

117

Extension of
exclusive
legislative
authority of
Parliament
of Canada.

30 8: 31 Vict.

c. 8.

Short title
and citation.
7 Edw. 7,

c. 11.

Postponement
oi redistribu-
tion of seats
In Commons,

Short_titls
and citation.

BRITISH NORTH AMERICA ACT, 1943.0“)
7 GEORGE vi, CHAPTER 30.

An Act to provide for the readjustment of the represen-.

tation of the provinces in the House of Commons of
Canada consequent on the decennial census taken
in the year One thousand nine hundred and forty-

one.
[zznd J uly, 1.943.]

VVI-IEREAS the Senate and House of Commons of Canada
in Parliament assembled have submitted an address to His
Majesty praying that His Majesty may graciously be pleased
to cause a Bill to be laid before the Parliament of the United
fKirti§dom for the enactment of the provisions hereinafter set
or” 2

Be it therefore enacted by the King’s most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by‘ the authority of the same, as follows :—~

1. Notwithstanding anything in the British North America
Acts, 1867 to 1940, it shall not be necessary that the represen~
‘cation of the provinces in the House of Commons of Canada be
readjusted, in consequence of the completion of the decennial
census taken in the year one thousand nine hundred and forty—
one, until the first session of the Parliament of Canada commen-
cing after the cessation of hostilities between Canada and the
German Reich, the Kingdom of Italy and the Empire of Japan.

2. This Act may be cited as the British North America
Act, 1943, and the British North America Acts, 1867 to 1940,
and this Act maybe cited together as the British North America
Acts, 1867 to 1943.

(’35) This Act was passed by the Parliament of the United Kingdom in accordance
with an address from the Senate and from the House of Commons. It does not
appear that the provinces were consulted. On the other hand, a protest was made
by the Legislature of the province of Quebec against the adoption of the measure‘.

_ ’If‘h§ reasons for the address are given in the preamble to the resolution preceding
it as o ows:—

“That whereas provisions of the British North America Act require that, on tho –

completion of each decennial census, the representation of the provinces in the House
of Commons shall be reud’usted;

d whereas such readjustinent involves in fact the determination of the number
of members to represent each province and the number of electoral divisions within
each province and the delimitation of such electoral divisions; ‘ . .

And whereas Canada has been at war since September 10, 1939, and hostilities
may continue icr an indefinite period; ’ ‘

And whereas the census of 1941 was taken during the progress of hostilities;

And whereas the effect of enlistment in the armed forces of Canada and of em-
ployment in the production of niuiiitioiis of war has been to remove large numbers
of the population from their homes to serve in and with such armed forces either
in other parts of Canada or overseas or to reside temporarily in other parts of Canada;

And Whereas experience has shown that such readjustment may give a to
sharp differences of opinion as to the appropriate delimitation of electoral (11 one,
which differences it is most desirable to avoid while Canada continues at war;

And whereas in these circurnstunc it does not now seem desirable that ren.d~
iustment of representation on the bias of the census of 1941 should have to be made
during the continuance of the hostilities in which Canada is now engaged,

A humble address be presented to H is Majesty the King in the following words:—-
Hsre follows the address and the druit of the Bill which is in the exact terms of
the Act above. _

The measure and its purpose were fully explained by the Minister of Justice,
Mr. Saint-Laurent in the House oi Commons on the fifth of July. 1943.

118

BRITISH NORTH AMERICA ACT, 1946 (95)
10 GEORGE VI, CHAPTER 53.

An Act to provide for the readjustment of representation
in the House of Commons of Canada on the basis of

the population of Canada.
[Assented to 26th J uly, 1946.]

Wiimnims the Senate and House of Commons of Carnegie
in Parliament assembled have submitted an address to His
Majesty praying that His Majesty may graciously be pleesed
to cause Q4 Bill to be laid before the Parliament of the United
Efingdom for the enactment of the provisions hereinafter set
orth;

Be it therefore enacted by the King’s Most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Purim-
ment assembled, and by the authority of the same, as follows:

_(“) As in the case of the other nmendinents to the B.N.A. Act, the Act of the
Parliament of the United Kingdom was passed pursuant to 8 joint resolution of the
Senate and House of Commons of Canada.

This Resolution was moved in the House on the 28th of May. 1946, by Mr.
St. Laurent for Mr. Mackenzie King and read as follows:—

Tlict. whereas by the Bi-itish North America. Act, l867, it is provided that in
respect of representation in the House of Commons the province of Quebec shall
have the fixed number of sixtyiivc members;

And whereas the said Act provides that there shall be assigned to each of the
Di’-her provinces such 11 number of members as will bear the same proportion to the
number of its Population as the number sixty—flve bears to the number of the
population of Quebec;

And whereas the said Act provides Icr the readjustmeiit of representation on
the completion of each decennial census, and that on any such rendjustmoiit the
number of members for a province shall not be reduced unless the proportion which
the number 0! the population of the province bole to the number of the aggregate
Doiiulotion of Canada at the then last preceding readjustment of the rnimbei- of
members {or the province is asoertniiicd at the then latest census to be diminislied
by one twentieth part or upivnriis;

And whoreus the eflecia of the uforesaid provisions has not been satisfactory ‘in
“W5 proportionate reprcsentutioii of the provinces according to population has not
been maintiiiiied;

And whereas it is considered that a more equitable apportionment of Inembers
i”’ the WTIOUE m-ovinces could be affected if readjustment were made on the basis
‘’1′ “W Populatioii of all the provinces taken us a whole.

A humble address be presented to His Majesty The King in the following words:

‘We, Your Majesty’s most dutiful and loyal subjects, the Members of the liouse
0! Coninioiis of Canada in Parliament assembled, humbly approach Your ,MaJesty,
Dmyiug that You may graciously be pleased to cause a measure to be laid before
the Parliament of the United Ixihgdom to be expressed as follows:

“An Act to provide for the reudiustuient of representation in the House of
Commons of Cuneidn on the basis of the populntioii ol Cnnnd27.;”

H _’I‘hen follows the Act exactly as it appears above, starting with the-words

Wliei-e:is the Senate and House ol (‘Jomrnoiis of Cnnuda . ” etc.,

. On the sixth of June Mr. Dieienbaker moved that there should be coiisultntiop
With the BBVeX‘£|.llDI’0Vi1‘l()(’,S before presenting the address to His M£\’esty. I-Iis
motion was iiegzitived by ii. vote of 108 to 42 on the 20th oi Juno, an the main
motion was agreed to on the same date on 9. vote of 107 yous and 22 iiays.

The resolution was subsequently moved in the Senate by Senator Cop}: for
» }i.i_atAor Robertson on the 2nd of July and carried on the 5th of July on the following
division: 24 yeiis to 7 iiays.

119

120

New
provision as
to readjust-
ment of
representation
in Commons.
30 & 31

Vick. c» 3.

.1. Section iifty—one of the British North America Act,
1867, is hereby repealed and the following substituted therefor:

“5I.—~(l) The number of members of the House of

Commons shall be two hundred and iifty~five and the
representation of the provinces therein shall forthwith
upon the coming into force of this section and thereafter
on the completion of each decennial census be readjusted
by such authority, in such manner, and from such time as
the Parliament of Canada from time to time provides,
subject and according to the following rulcs:——

1. Subject as hereinafter provided, there shall be
assigned to each of the provinces a number of members
computed by dividing the total population of the
provinces by two hundred and fifty-four and by
dividing the population of each province by the
quotient so obtained, disregarding, except as herein-
after in this section provided, the remainder, if any,
after the said process of division.

2. If the total number of members assigned to all
the provinces pursuant to rule one is less than two
hundred and fifty~four, additional members shall be
assigned to the provinces (one to a province) having
remainders in the computation under rule one com-
mencing with the province having the largest remain-
der and continuing with the other provinces in the
order of the magnitude of their respective remainders
until the total number of members assigned is two
hundred and fifty~four.

3. Notwithstanding anything in this section, if
upon completion of a computation under rules one
and two, the number of members to be assigned lo a
province is less than the number of senators repre-
senting the said province, rules one and two shall
cease to apply in respect of the said province, and
there shall be assigned to the said province a number
of members equal to the said number of senators.

_ 4-. In the event that rules one and two cease to
apply in respect of a province then, for the purpose
of computing the number of members to be assigned
to the provinces in respect of which rules one and
two continue to apply, the total population of the
provinces shall be reduced by the number of the
population of the province in respect of which rules
one and two have ceased to apply and the number
two hundred and fifty—four shall be reduced by the
number of members assigned to such province pui-—
suant to rule three.

5. Such readjustment shall not take effect until
the termination of the then‘ existing Parliament.

(2) The Yukon Territory as constituted by Chapter

forty—one of the Statutes of Canada, 1901, together with
any Part of Canada not comprised within a province which

121

may from time to time be included therein by the Parlia-
ment of Canada for the purposes of 1‘ep1’esenta.tion in
Parliztment, shall be entitled to one member.”

2. This Act may be cited as the British North America, short
Act, 1946, and the British North America Acts, 1867 to 1943,
and this Act may be cited together as the British North ‘
America Acts, 1867 to 1946.

‘STATUTE OF WESTMINSTER, 1931.

123 ’

A.D. 1931.

Section.
. Meaning of “Dominion” in this Act

. V ztlidity of laws made by Parliament of it Dominion.
. Power of Parliament of Dominion to legislate extra-territorielly.
. Pnrliamciit of United Kingdom not to legislate for Dominion except.

:2-:»>wN>

STATUTE OF WESTMINSTER, 1931.

[22 GEO. 5. CH. 4.]
ARRANGEMENT OF SECTIONS.

by consent.

. Powers of Dominion Parliulnents in relation to merchant shipping.
. Powers of Dominion Piirliaments in relation to Courts of Admiralty.
. Saving for British North America. Acts and application of the Act

to Canada.

. Saving for Constitution Acts of Australia and New Zculond.
. Sawing with respect to States of Australia.
. Certain sections of Act not to apply to Australia, New Zeuland or

Newfoundland unless adopted.
Meaning of “CoIoiiy” in future Acts.

. Short title.

12-1

THE STATUTE OF WESTMINSTER, 1931.

22 GEORGE V, CHAPTER 4‘

An Act to give effect to certain resolutions passed by A_D.,93,_

Imperial Conferences held in the years 1926 and
1930.07)

[11th December, 1931.]

WHERIGAS the delegates to His Majesty’s Governments in
the United Kingdom, the Dominion of Canada, the Common»
wealth of Australia, the Dominion of New Zealand, the Union
of South Africa, the Irish Free State and Newfoundland, at
Imperial Conferences holdeii at Westminster in the years of
our Lord nineteen hundred and tWenty—six and nineteen hundred
and thirty did concur in making the declarations and resolutions
set forth in the Reports of the said Conferences:

And whereas it is meet and proper to set out by way of
preamble to this Act that, inasmuch as the Crown is the symbol
of the free association of the members of the British Common-
wealth of Nations, and as they are united by a common allegiance
to the Crown, it would be in accord with the established consti-
tutional position (93) of all the members of the Commonwealth in
relation to one another that any alteration in the law touching
the Succession to the Throne (93) or the Royal Style and
Titles (1°°) shall hereafter require the assent as well of the
Parliaments of all the Domlnions as of the Parliament of the
United Kingdom: ,

‘ And Whereas it is in accord with the established constitu-
tional position that no law hereafter made by the Parliament of

V (“J The Statute of Westminster was passed to confirm and ratify certain decla-
rntioiiegnade by the Delegates to the Imperial Conferences of 1926 and 1930. The
omiiiions represented at the Conferences were Canada, Australia, New Zealand.
_South Africa. the Irish Free State, Newfoundland and India, although the latter
is not muelied by the Statute. ‘

” As to this «institutional position one may quote a passage in the report of
the Inter-Iinperial Relations Committee of the Imperial Conference of 19215 usually
called The Balfour Declui’ation”:~— _ _

_ They are autonomous communities within the British Empire, equal in status,

In no way subordinate one to another in any aspect of their domestic or internal

affairs. though united by a common allegiance to the Crown, and freely hssociated

asmembers of the British Cornmonwealt .” Imperial Conference, 1928, Summary
roceedmga, gage 12,

(W) Althou_ i the desiderata set out in the Preamble respecting the Succession

go the Throne is not followed by any sitive enactment iii the enacting part of the
tatute, pursuant to the recital in the reamble and to the provision of section four
of the Statute, after King Edward VIII had executed the instrument of abdication
It waajound necessary to declare the assent of the Parliament of Canada to the
alteration in the_ law touching the Succession to the Throne and in March, 1937
h Act respecting alteration in the law touching the Succession to the ‘ljl:u~one”
.(° .- 15) V1318 ‘ ‘ for the purpose of consenting to the Act of the United Kingdom
“)1l’“/lllsd E15 Maieaty’s declaration of Abdication Act, 1036.’! See Note (187) to
t 19 Sunacesaion to the Throne Act (Canada).
G (‘ ) The Royal style and titles are now “George VI, by the Grace of God of
feet Britain, Ireland, and the British Dominion: beyond the Seas, King, Defender
fl the Faith, Emperor of India.” (Sea the Royal and Parliamentary Titles Act,
{ml Ghllnfer 4 of.the Statutes of the U.K., 1927). This was in accordance with
tie 1‘19§>OlnH10l1(.l}J.l’4l0Ll of the Imperial Conference, 1926. (Summary of Proceedings,

125

[26

Menning_of
j‘Domimon§’
in this Act.

Validity of
laws made by
Parliainant of
A Dominion.
78 6’: 2.9 Viol.
0. 6?

Statute of Westm-mster, 1.931

the United Kingdom shall extend to any of the said Dominions
as part of the law of that Dominion otherwise than at the request
and with the consent of that Dominion.(1°1)

And whereas it is necessary for the ratifying, confirming and
establishing of certain of the said declarations and resolutions
of the said Conferences that a. law be made and enacted in due
form by authority of the Parliament of the United Kingdom:

And whereas the Dominion of Canada, the Commonwealth
of Australia, the Dominion of New Zealand, the Union of South
Africa, the Irish Free State and Newfoundland have severally
requested and consented to the submission of a measure to the
Parliament of the United Kingdom for making such provision
with regard to the matters aforesaid as is hereafter in this Act
contained: (W)

Now, therefore, be it enacted by the King’s most Excellent
Majesty by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia—
nient assembled, and by the authority of the same, as follows 1-

1. In this Act the expression “Doininion” means any of the
following Dorninions, that is to say, the Dominion of Canada,
the Commonwealth of Australia, the Dominion of New Zealand,
1thedUnion of South Africa, the Irish Free State and Newfound~

an .

2. (1) The Colonial Laws Validity Act, 1865, shall not
apply to any law made after the commencement of this Act by
the Parliament of a Dominion.

(2) No law and no provision of any law made after the
commencement of this Act by the Parliament of a Dominion
shall be void or inoperative on the ground that it is repugnant
to the law of England, or to the provisions of any existing or
future Act of Parliament of the United Kingdom, or to any
order, rule, or regulation made under any such Act, and the
powers of the Parliament of a Dominion shall include the power

(W) The second and third paragraphs of the Preamble are declaratory of con~
stitutionsl conventions. The second is not even translated into an enactment. _The»
third is translated into law by section four of the Statute, it accepts and confirms
the following proposition in the Report of the Conference of 1926:——

“On the question raised with regard to the legislative competence _of members.
of the British Commonwealth of Nations other than Great Britain, and in particular
to the desirability of those members being enabled to legislate with extra-territorial.
effect, we think that it should similarly be placed on record that the constitutional
practice is that legislation by the Parliament at Westminster applying to in Dominion
would only be passed with the consent of the Dominion concerned.” (Summary
of Proceedings, page 15.).

(W) The House of Commons and the Senate of Canada on the 30th of June and
8th of July, 1931, respectively, adopted an address to His Majestyin order that there»

. may be passed a statute oi the Parliament of the United Kingdom to enact paraw

graphs 2 and 3 of the Preamble and sections 2, 3, 4, 5, 6, 7 and 11. (See the speech
of the Rt. Hon. R. B. Bennett. Prime Minister of Canada, starting at pa e 3191 of
the House of Commons Debates, 1931, in which he said that “the tatuto of
Westminster is the ciilmination of the long, long effort that has been made since we
were a colony, to become the sell’~governing dominion that we now are”. In the said
speech he made a short historical sketch of the various steps taken, more particularly
reviewing what transpired at the conferences of 1926, 1929 and 19304 See also the
speeches of Messrs. Lapointe, Ralston and Bourassii which follow.

Statute of Westvninster, 1931

to repeal or amend any such Act, order, rule or regulation in so
for as the same is part of the law of the Dominion. (N3)

3. It is hereby declared and enacted that the Parliainentof
8. Dominion has full power to make laws having extra—territoria.l
opei’ation.(“”)

4-. No Act of Parliament of the United Kingdom passed
after the commencement of this Act shall extend or be deemed
to extend, to a Dominion as part of the law of that Dominion,
unless it is expressly -declared in that Act that that Dominion
has requested, and consented to, the enactment thei’eoi‘.(‘°5)

5. Without prejudice to the generality of the foregoing
provisions of this Act, sections seven hundred and thirtydive
and seven hundred and thirty—six of the Merchant Shipping

(W) Pursuant to the declarations which had been Inside at the Conference of
1926, the conference oi experts which met in 1929 recommended the repeal of this
Act of 1865 which had been passed in the first instance to extend the powers of coloiiinl
legislatures beyond the narrow limits assigned to them by judicial decisions. The
Act of 1865 had declared tlmt laws passed by a colony should not be invalid unless
they were repugnant to some Act of Parliament‘. which applied to the colony. and
only to the extent of such repugnuncy. (See Nadcn vs. The King, 1926 11.0. p. 482.)

_ To repeal the Act of 1865 was not sufficient, for there was is danger that therepeal
might be held to restore the old common liiw doctrine; it was therefore considered
necessary to indicate that the Acts‘ adopted by B Dominion since 1865 could not
become inoperative on account of being repugnant to the law of England.

The provinces (especially Ontario mid Quebec) requested and obtained at the
l’utei-provincial Conference which sat during April, 1931, that the benefits of section
2 he egiteiided to them and this is the reason for the enactment of subsection (2)
of section 7 of the Statute.

. (W) The right of cxtm»-territoriulity, which is one of the attributes of sovereignty.
is the operation of laws upon the persons, the rights and the statutes existing outside
of the limits of a state but continuing however to be subject to the laws of that state.
It means for a nation the right to legislate for its own nationals outside of the limits
of territorisltwaters, in such a way as to subject them to its own laws when they
return to their counti-y’s jurisdiction.

Our hinitations with respect to extra.-territoriality previously extended notably
to _fislieries, tnxes, navigation, aviation, marriage‘, criminal law, copyright, depor-
t-ntiton cud finally to the bringing into force of Acts on smuggling and illegal immi-
Km ion.

Section Sstipulates in an absolutely clear manner and without any restrictions
the}; the Pm-linment of a Dominion has full power to make laws having oxtrzv-terri-
tonal operation.

’I‘liis_ssction does not apply to the legislatures oi the provinces, thus avoiding
the _conflict of laws which rniglit arise if each province had the power to enact laws
having exti-2»-territorial operation.

(ms) The situation with respect to our right to legislate may be summarized
as iollows:~

In the beginning the United Kingdom would legislate for all its colonies \vitl_iout
any form of consultation. The second period occurred when the colonies obtained
the l’18lit‘to legislate subject to many restrictions, certain matters being reserved
and remaining within the jurisdiction of the Parliament of the United Kingdom.

During a_ third period the Dominions were allowed to adopt for their own t_ei_‘ri-
9I31’y_ the. British Statute, as in 1011 the Copyright Act and in 1914 the British

ationaliby Act.

A fourth Period was that of consultation when the acts of interest to the whole
Empire Were to be adopted only after consultation of the difl‘ei-exit parties interested.
:.F°‘” P“9r°lI10B1 Purposes, so far as uniformity of laws is required this Doriod is still
in 9_Xl8_l28lJC0y but the consultation has now become voluntary; for instance our Merchant
gllinplnz Act has been enacted‘ in conformity with the Convention respecting the
Iritish Commonwealth Merchant Shipping Agreement which has been signed in

Aindon on the 10th of December 1931.
Th? Um_lA3_d Kingdom has itself limited its own power of legislating with respect
:30 the Domiiuons by the adoption of section 4 of the Statute. As may be noticed
blgem the Perusal of this section, the British Acts referred to, are those which have
I: missed after the coming into force of the Statute of Westminster.

Ijhe Acts passed previously and which previously applied to the Domiuions

ggmssu in force until our Pzxrlismont decides to repeal them. This section follows
e recommendation of the Conference of 1930.

127

Power oi
Parliament of
Dominion to
legislate extra
territorially.

Parliament of
United
Kingdom not
to legislate for
Dominion
except by
consent.

Powers. of
Dominion
Parliaments
in relation
to_ merchant

h .
§7‘E.”tls“vsci.
o. 60.

128

‘ Powers of

Doniinion
_Parl1sments
in relation

to Courts of
Admiralty.
53 (St 54 Viet.
o. 27.

Statute of Westnzinster, 1931

Act, 1894, shall be construed as though reference therein to the
Legislature of a. British possession did not include reference to
the Parliainent of at Dominion. (W)

6. Without prejudice to a generality of the foregoing
provisions of this Act, section four of the Colonial Courts of
Admiralty Act, 1890 (which requires certain laws to be reserved
for the signification of His Majesty’s pleasure or to contain a
suspending clause), and so much of section seven of that Act as
requires the approval of His Majesty in Council to any rules of
Court for regulating the practice and procedure of a. Colonial
Court of Admiralty, shall cease to have effect in any Dominion
as from the commencement of this Act. (197)

_ (105) Up to the time of the passing of the Statute of Westminster, Csnadsfs legis-
lativ_e autonoiny in matters relating to merchant shipping was circumscribed by the
provisions of the Colonial Laws Validity Act, 1865. sud also by sections 735 and 736
of the Merchant Shipping Act of 1894 (British) and from the iact that the Dominion
could not give to its legislation extra-territorial ofiect.

The Merchant Shipping Act of 1854 applied to Great Britain and to its colonies.
as there were then no Dominions. When the first Dominion was created in 1867,
power was %lVel] to our federal Parliament to legislate as to navi tion and merchant
Bh)PDll’.\g- ur legislation, however, could be valid only in so ar as it was not rs—
pugnnnt to that ol the United Kingdom. A new British statute was passed in 1894

ich was a consolidation of the Act of 1854 with the amendments made in the
course of the past forty years.

Tlierel’oi-e the British Act of 1894 with the amendments made thereto up_to
i911, also our own merchant shipping legislation have governed us up to the coming
into force of our own statute passed in 1934. From 1911, it had been stipulated that
the amendments made to the legislation of the Uiiited Kingdom would not apply
to the Dominioiis.

We have inentioued previously that the Colonial Laws Validity Act_was an
obstacle to our autonomy in matters of shipping legislation and that another difliculty
came from the foot that we could not pass laws having extra-territorial operation.
These difliculties have ceased to exist_irom the p ei-xitiou of sections 2 and 3 of the
Statute of Westminster already mentioned, whic have cured these defects.

Section 2 states that the Colonial Laws Validity Act. 1865, shall not apply to
shy law made after the cornmenceinent of the Act by the Parliament of ii Dominion,
and section 3, that the Parliament of a Dominion has full ower to make laws having
extrwterritorisl operation. The non-application oi‘ the loiiisl Laws Validity Act
removed the main obstacle with respect to our right to legislate on merchant shipping.

However, it was not suflicisnt to state that the Colonial Laws Validity Act
would not apply in the future nor to declare that the Dominion Parliament could
make laws having oxtra~territoi-ial operation, but it was also necessary that sections
735 and 736 of the Imperial Merchant Shipping Act should cease to apply to the
Dcininions, and this was done by section 5 of the Statute of Westminster.

For that reason, the Dominion has exercised that right by passing a new Merchant
Shipping Act in 1934.

By passing that Act, the Dominion has exercised the absolute right it has of
lesislntins with respect to ships. wherever they may come from, whenthey happen
to be in Canadian waters; it has exercised its right to legislate as to ships registered
in Canada, whether they be in Canadian waters or elsewhere, subject in that case
to local laws when the ships happen to be in non-Canadian waters or ports-

The

(W) It is a moot question whether this section was necessary or not.
Colonial Courts of Admiralty Act of 1890 did govern, up to the passing of the Statute
of Westminster, the constitution and, to a certain extent, the functioning of our courts
of admiralty and had the effect of limiting their jurisdiction. Section 4 prevented
the Dominion legislatures from extending their jurisdiction or affecting their proce~
dure without the approval of the Secretary of State.

The jurisdiction of our court of admiralty was limited to that of the High Court
of Admiralty in England; on the other hand since 1800 important additions were
made to the admiralty ‘urisdictioii of the High Court which were not 9 his I to our
own, that is to the jiiris ietioii of the Exchequer Court as a court of ailmiraliv ((‘l\zlp~

ter 29 of our statutes of 1891 had made the Exchequer Court a court of adxniralty –

under the Colonial Courts of Admiralty Act).

The restrictions imposed upon us have now disappeared by virtue of section 6
of the statute. It will not be necessary any more that our enactments before coming
into force be approved by the Sovereign in Council, and as we have seen in the note
to section 2, the Dominion Parliament was given power to repeal Acts of the United
Kingdom “in so far as the same is part of the law of the Dominion,” which of course
includes the power to repeal, as far as we are concerned, the Colonial Courts 0!
Admiralty Act. 1890.

Statute of Westminster, 1.931.

7. (1) Nothing in this Act shall be deemed to apply to
the repeal, amendment or alteration of the British North
America Acts, 1867 to 1930, or any order, rule or regulation
made thereunder. (W)

(2) The provisions of section two of this Act shall extend
to laws made by any of the Provinces of Canada and to the
powers of the legislatures of such Provinccs.(‘°‘~‘)

(3) The powers conferred by this Act upon the Parliament
of Canada or upon the legislatures of the Provinces shall be
restricted to the enactment of laws in relation to matters within
the competence of the Parliament of Canada or of any of the
legislatures of the Provinces respectively. (“°)

8. Nothing in this Act shall be deemed to confer any power
to repeal or alter the Constitution or the Constitution Act of
the Commonwealth of Australia or the Constitution Act of the
Dominion of New Zealand otherwise than in accordance with
the law existing before the commencement of this Act.

9. (1) Nothing in this Act shall be deemed to authorize
the Parliament of the Commonwealth of Australia to make laws
on any matter within the authority of the States of Australia,
not being a matter within the authority of the Parliament or
Governmcnt of the Commonwealth of Australia.

(2) Nothing in this Act shall be deemed to require the
concurrence of the Parliament or Government of the Common—
wealth of Australia, in any case where it would have been in
United Kingdom with respect to any matter within the authority
of the States of Australia, not being a matter within the
authority of the Parliament or Government of the Common-
wealth of Australia, in any case where it would have been in
accordance with the constitutional practice existing before the
commencement of this Act that the Parliament of the United
Kingdom should make that law without such concurrence.

129

A.D. 1931.

Saving for
British North
America Acts
and apD1l0!1′
tion of the
Act to
Canada.

Saving for
Constitution
Acts of
Australia and
New Zccland.

Saving with
respect to
States of
Australia.

(3) In the application of this Act to the Commonwealth of ‘

Australia the request and consent referred to in section four
shall mean the request and consent of the Parliament and
Government of the Commonwealth.

10. (1) None of the following sections of this Act, that is
to say, sections two, three, four, five and six, shall extend to
9. Dominion to which this section applies as part of the law of
that Dominion unless that section is adopted by the Parliament
of the Dominion, and any Act of that Parliament adopting any

, (m) The British North America Acts, 1867 to 1030 referred to (to be found in
this volume, _antc) are the fo11owing:—
‘lho British North America Act, 1807 (being the main Act).
The British North America. Act, 1871 (Establishment of Provinces).
The British North America Act, 1886 (Representation of Territories).
The British North America Act, 1915 (Alteration of constitution of Senate).
The British North America Act, 1930 (Natural Resources).
0“) See Note (75) appended to section 2 of the Statute.
, 0}”) The areas of legislative competence of Canada and the provinces as
delimited by sections 91 and 92 respectively are not altered so that no power is given
are to Canada to invade provincial rights or to the provinces to afloat the powers
of tlxaafederal Parliament.
_ _ to the distribut’ f I ‘ I t’ see the said sect’cns 91 and 92 of the
British North Ameiicalliilcg, 1?; sviliiienpootzsiisppended thereto. X

18955——9

Certain
sections of
Actlnottoto
“DD V
Australia,
New Zesland

or Newfound-

land unless
adopted.

130

A.D. 1931.

Ptsiéxt?‘
in future
A

cts.
52 & 53 Vict.
c. 63.

Short title.

Statute of Westminster, 1931.

section of this Act may provide that the adoption shall have
effect either from the commencement of this Act or from such
later date as is specified in the adopting Act.

(2) The Parliament of any such Dominion as aforesaid
may at any time revoke the adoption of any section referred to
in subsection (1) of this section.

(3) The Dominions to which this section applies are the
Commonwealth of Australia, the Dominion of New Zcaland and
Newfoundland.

ll. Notwithstanding anything in the Interpretation Act,
1889, the expression “Colony” shall not, in any Act of the
Parliament of the United Kingdom passed after the commence-
ment of this Act, include 3. Dominion or any Province or State
forming part of a Dominion.

12. This Act may be cited as the Statute of Westminster,
1931.0“)

(111) This is not the first and only “Smtute of Westminster”. Under Edward
the First we find 3 Edward I. A.D. 1275 “Les premiers Estatuts de Westminster”
(this title from Lib. Scan. Westm. X 10. xxj [xxv], translated in English as “The
Sm1~u’i’ss or Wesnuiirsrsizs The First”. This code of 1275 dealt with Fzeedom_ of
election. Reasonableness oi Amerciaments, Distress, Champert and Extortion
by the King’s ofiicei-s, Deceits by plesdcis, Excessive tolls in mar st towns, etc.

The Statute of Westminster the Second is the name given to the Code of 1285
(13 Edward 1. A.D. 1285) “Statute Reg’ Edwardi edits. tipud Westmon in Parlou-
mento suo Pnsch’ anno Rsgni Sui T’ciodecimo:-—xiij°.

The Statute of Westminster the Third (18 Edward I. A.D. 1289-90) is referred
to as the Statute “Quin Emptores Temii-um” and has to do with the Selling and
Buying of Land. In the printed copies and translations it is iutituled “Statutum
Westm. 11:’ etc.”

There is a fourth Statute of Westminster which contains the legislative seiitcncs
n.gtiiust_the Desnensers passed at Westminster in the summer of 1321. Sea Stubbs
“Constit\itioiiv.l History of England,” Volume II, pages 3G8~378 (Ml: edition).

PART III.
IMPERIAL ORDERS IN COUNCIL.

ADMITTING RUPERT’S LAND, BRITISH COLUMBIA
AND PRINCE EDWARD ISLAND, RESPECTIVELY
INTO THE UNION.

131
18955-91

TABLE OF CONTENTS OF
PART III.
IMPERIAL ORDERS IN COUNCIL.

Her Mujesty’s Order in Council admitting Rupertis Land and the Northwest PAGE
Territory into the Union . I . . . . . . . . . . . V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Her Majesty’s Order in Council admitting British Columbia . . . . . . . . . . . . , . . . . . . . . 153

Her Majesty’s Order in Council admitting Prince Edward Island . . . . . . . . . . . . . . . . . 162

Her MajesLy’s Order in Council annexing Islands and Territories . . . . . . . . . . . . . . . . . . 169

132

ORDER or HER MAJESTY 1N COUNCIL ADMIT-
TING RUPERT’S LAND AND THE NORTI-I~
WESTERN TERRITORY INTO THE
UNION.(‘”)

At the Court at Windsor, the 23rd day of J une, 1870.
PRESENT

The QUEENS Most Excellent Majesty.
Lord President.
Lord Privy Seal.
Lord Chamberlain.
Mr. Gladstone.

WHEREAS by the British North America Act, 1867, it was
(amongst other things) enacted that it should be lawful for the
Queen, by and with the advice of Her Majesty’s Most Honour-
able Privy Council, on Address from the Houses of the Parl.ia~
mcnt of Canada, to admit Rupert’s Land and the North-
Wcstern Territory, or either of them, into the Union on such
terms and conditions in each case as should be in the Addresses
expressed, and as the Queen should think fit to approve, subject
to the provisions of the said Act. And it was further enacted
that the provisions of any Order in Council in that behalf
should have eifect as if they had been enacted by the Parliament
of the United Kingdom of Great Britain and Ireland:

And whereas by an Address from the Houses of the Parlia-
ment of Canada, of which Address a copy is contained in the
Schedule to this Order annexed, marked A, Her Majesty was
prayed, by and with the advice of Her Most Honourable Privy
Council, to unite Rupert’s Land and the North—Western Terri-
tory with the Dominion of Canada, and to grant to the Parlia-
ment of Canada authority to legislate for their future welfare
and good government upon the terms and conditions therein
stated:

And whereas by the Rupert’s Land Act, 1868, it was
(amongst other things) enacted that it should be competent for
the Governor and Company of Adventurers of England trading
into Hudson’s Bay (hereinafter called the Company) to surrender
to Her Majesty, and for Her Majesty, by any Instrument under
Her Sign Manual and Signet to accept a surrender of all or any
of the lands, territories, rights, privileges, liberties, franchises,
Powers, and authorities whatsoever, granted or purported to
be granted by certain Letters Patent therein recited to the
said Company within Rupertfs Land, upon such terms and
conditions as should be agreed upon by and between Her

0″) See notes to section 146 of the B.N.A. Act, 1867, also notes in section 2
<1>§ugxen;Ii.N.A. Act, 1871 (in Part I), and also notes to the Manitoba Act. 1370, in

133

Rupe7’t’s Land and the N .-W. Terriizrry.

Majesty and the said Company; provided, however, that such
surrender should not be accepted by Her Majesty until the
terms and conditions upon which Rupert’s Land should be
admitted into the said Dominion of Canada should have been
approved of by Her Majesty and embodied in an Address to
Her Majesty from both the Houses of the Parliament of Canada,
it purguance of the 146th Section of the British North America
ct, 1 6 .

‘ And it was by the same Act further enacted that it should
be competent to Her Majesty, by Order or Orders in Council,
on Addresses from the Houses of the Parliament of Canada,
to declare that Rupei-t’s Land should, from a date to be therein
mentioned, be admitted into and become part of the Dominion
of Canada;

And whereas a second Address from both the Houses of
the Parliament of Canada has been received by Her Majesty
praying that Her Majesty will be pleased under the provisions
of the hcreinbefore recited Acts, to unite Rupert’s Land on
the terms and conditions expressed in certain Resolutions
therein referred to and approved of by Her Majesty, of which
said Resolutions and Address copiesnrc contained in the
Schedule to this Order annexed, marked B, and also to unite
the North—Western Territory with the Dominion of Canada,
as prayed for by and on the terms and conditions contained
in the heroinbefore first recited Address, and also approved
of by Her Majesty:

And whereas 9, draft surrender has been submitted to the
Governor General of Canada containing stipulations to the
following effect, viz.:——

1. The sum of 300,00()l. (being the sum hereinafter men-
tioned) shall bc paid by the Canadian Government into the
Bank of England to the credit of the Company within six
calendar months after acceptance of the surrender aforesaid,
with interest on the said sum at the rate of 5 per cent per
annum, computed from the date of such acceptance until the
time of such payment.

2. The size of the blocks which the Company are to select
adjoining-each of their forts in the Red River limits, shall be
as follows:

Acres.
Upper Fort Garry and town of Winnipeg,
including the incloscd park around shop
and ground at the entrance to the town. 4 500
Lower Fort Garry (including the farm the
Company now have under cultivation). . 500
White Horse Plain . . . . . . . . . . . . . . . . . . . . . . 500

3. The deduction to be made as hereinafter mentioned
from the price of the materials of the Electric Telegraph’,
in respect of deterioration thereof, is to be certified Within
three calendar months from such acceptance as aforesaid by
the agents of the Company in charge of the depots where the
materials are stored. And the said price is to be paid by the
Canadian Government into the Bank of England to the credit

Ruperfs Land and the N .-W. ’./’crritor,1/.

of the Company within six calendar months of such acceptance,
with interest at the rate of 5 per cent per annum on the amount
of such price, computed from the date of such acceptance until
the time of payment:

And whereas the said draft was on the fifth day of July,
one thousand eight hundred and sixty—nine, approved by the
said Governor General in accordance with a Report from the
Committee of the Queens Privy Council for Canada; but it
was not expedient that the said stipulations, not being contained
in the aforesaid second Address, should be included in the
surrender by the said Company to Her Majesty of their rights
aforesaid or in this Order in Council.

And whereas the said Company did by deed under the
seal of the said Company, and hearing date the nineteenth day
of November, one thousand eight hundred and sixty—nine, of
which deed a copy is contained in the Schedule to this Order
annexed, marked C, surrender to Her Majesty all the rights of
government, and other rights, privileges, liberties, franchises,
powers and authorities granted, or purported to be granted to
the said Company by the said Letters Patent herein and herein-
before referred to, and also all similar rights which may have
been exercised or assumed by the said Company in any parts
of British North America not forming part of Rupert’s Land,
or of Canada or of British Columbia, and all the lands and
territories (except and subject as in the terms and conditions
therein mentioned) granted or purported to be granted to the
said Company by the said Letters Patent:

And whereas such surrender has been duly accepted by
Her Majesty, by an instrument under Her Sign Manual and
Signet, bearing date at Windsor the tWenty—second day of
June, one thousand eight hundred and seventy:

. It is hereby Ordered and declared by Her Majesty, by and
with the advice of the Privy Council, in pursuance and exercise
of the powers vested in Her Majesty by the said Acts of Parlia-
ment, that from and after the fifteenth day of July, one
thousand eight hundred and seventy, the said North—Wcstern
fferritory shall be admitted into and become part of the Dom—
inion of Canada upon the terms and conditions set forth in
the first hereinbefore recited Address, and that the Parliament
Of Canada shall from the day aforesaid have full power and
authority to legislate for the future welfare and good government
Of the said Territory. And it is further ordered that, without
prejudice to any obligations arising from the aforesaid approved
R9P91’t, ltuperlfs Land shalllrom and after the said date be
admitted into and become part of the Dominion of Canada
11D0I1_ the following terms and conditions, being the terms and
conditions still remaining to be performed of those embodied
in the said second address 0? the Parliament of Canada, and
approved by Her Majesty as aforesaid z-—-

1. Canada is to pay to the Company 300,()0Ol, when
R‘1Pert’s Land is transferred to the Dominion of Canada.

2. The Company are to retain the posts they actually
°”°uPy in the North-Western Territory, and may, within
twelve months of the surrender, select a block of land adjoining

136

Ruperfs Land and the N.~W. Territory.

each of its posts within any part of British North America
not comprised in Canada and British Columbia, in conformity,
except as regards the Red River Territory, with a list made
out by the Company and communicated to the Canadian
Ministers, being the list in the Schedule of the aforesaid Deed
of Surrender. The actual survey is to he proceeded with,
with all convenient speed.

3. The size of each block is not to exceed [10] acres round
Upper Fort Garry, [300] acres round Lower Fort Garry; in
the rest of the Red River Territory a number of acres to be
settled at once between the Governor in Council and the Com—
pany, but so that the aggregate extent of the blocks is not to
exceed 50,000 acres.

4-. So far as the configuration of the country admits the
blocks shall front the river or road by which means of access
are provided, and shall be approximately in the shape of parallel-
ograzns, of which the frontage shall not be more than half
the depth.

5. The Company may, for fifty years after the surrender,
claim in any township or district within the Fertile Belt, in
which land is set out for settlement, grants of land not exceeding
one twentieth part of the land so set out. The blocks so granted
to be determined by lot, and the Company to pay a rateahle
share of the survey expenses, not exceeding 8 cents Canadian
an acre. The Company may defer the exercise of this right
of claiming the proportion of each township for not more than
ten years after it is set out; but their claim must be limited
to an allotment from the lands remaining unsold at the time
they declare their intention to make it.

6. For the purpose of the last Article, the Fertile Belt
is to be bounded as follows:——On the south by the United
States boundary; on the west by the Rocky Mountains; on
the north by the northern branch of the Saskatchewan; on the
east by Lake Winnipeg, the Lake of the Woods, and the waters
connecting them.

7. If any township shall be formed abutting on the north
bank of the northern branch of the Saskatchewan River, the
Company may take their one—twentieth of any such township,
which for the purpose of this article shall not extend more
than five miles inland from the river, giving to the Canadian
Dominion an equal quantity of the portion of lands coming
to them of townships established on the southern bank.

8. In laying out any public roads, canals, &c., through
any block of land reserved to the Company, the Canadian
Government may take, without compensation, such land as is
necessary for the purpose, not exceeding one twenty-fifth of
the total acreage of the block; but if the Canadian Government
require any land which is actually under cultivation, or which
has been built upon, or which is necessary for giving the Com-
pany’s servants access to any river or lake, or as a frontage
to any Iiver or lake, they shall pay to the Company the fair
value of the same, and shall make compensation for any injury
done to the Company or their servants.

Ruperfis Land and the N .—W. Territory

. 9. It is understood that the whole of the land to be appro-
priated within the meaning of the last preceding clause shall be
appropriated for public purposes.

10. All titles to land up to the eighth day of March, one
thousand eight hundred and sixty—nine, conferred by the Com-
pany are to be confirmed.

11. The Company is to be at liberty to carry on its trade

without hindrance in its corporate capacity, and no exceptional
tax is to be placed on the Company’s land, trade or servants,

nor any import duties on goods introduced by them previous‘

to the surrender.

12. Canada is to take over the materials of the electric
telegraph at cost price—such price including transport, but not
including interest for money, and subject to a deduction for
ascertained deterioration.

13. The Company’s claim to land under agreements of
Messrs. Vankoughnet and Hopkins to be withdrawn.

14. Any claims of Indians to compensation for lands
required for purposes of settlement shall be disposed of by the
Canadian Government in communication with the Imperial
Government; and the Company shall be relieved of all respon-
sibility in respect of them.

15. The Governor in Council is authorized and empowered
to arrange any details that may be necessary to carry out the
above terms and conditions.

_ And the Right Honourable Earl Granville, one of Her
1V_IaJesty’s principal Secretaries of State, is to give the necessary
directions herein accordingly.

l8955~—-10

137

138

Rupertls Land and the N .-W. Territory.

SCHEDULES.

SCHEDULE (A).

Ammnss to Him Mzwnsrr the QUEEN from the Senate and
House of Commons of the Dominion of Canada.

To the Queen’s Most Excellent Majesty.

M ost Gracious So1)e7’e7,’gn,

We, your Majesty’s most dutiful and loyal subjects, the
Senate and Commons of the Dominion of Canada in Parliament
assembled, humbly approach your Majesty for the purpose of
rcpresenting:—-

That it would promote the prosperity of the Canadian
people, and conduce to the advantage of the whole Empire,
if the Dominion of Canada, constituted under the provisions
of the British North America Act, 1867, were extended westward
to the shores of the Pacific Ocean.

That the colonization of the fertile lands of the Saskat-
chewan, the Assiniboine, and the Red River districts; the
development of the mineral wealth which abounds in the region
of the Northwest; and the extension of commercial intercourse
through the British possessions in America from the Atlantic
to the Pacific, are alike dependent on the establishment of a
stable government for the maintenance of law and order in the
North-Western Territories.

That the welfare of a sparse and widely scattered popu~
lation of British subjects of European origin, already inhabiting
these remote and unorganized territories, would be materially
enhanced by the formation therein of political institutions
bearing analogy, as far as circumstances will admit, to those
which exist in the several Provinces of this Dominion.

That the 146th section of the British North America Act,
1867, provides for the admission of Rupert’s Land and the
North—Western Territory, or either of them, into union with
Canada, upon the terms and conditions to be expressed in
addresses from the Houses of Parliament of this Dominion to
yoiér Majesty, and which shall be approved of by your Majesty
in ouncil.

That we do therefore most humbly pray that your Majesty
will be graciously pleased, by and with the advice of your Most
Honourable Privy Council, to unite Rupcrt’s Land and the
N orth—Western Territory with this Dominion, and to grant to
the Parliament of Canada authority to legislate for their
future welfare and good Government; and we most humbly
beg to express to your Majesty that we are willing to assume
the duties and obligations of government and legislation as
regards these territories.

That in the event of your Majesty’s Government agreeing
to transfer to Canada the jurisdiction and control over the
said region, the Government and Parliament of Canada will

Rupc7″t’s Land and the N .-W. Territory.

be ready to provide that the legal rights of any corporation,
company or individual within the same shall be respected,
and placed under the protection of Courts of competent juris-
diction.

And furthermore that, upon the transference of the terri-
tories in question to the Canadian Government, the claims of
the Indian tribes to compensation for lands required for purposes
of settlement will be considered and settled in conformity
with the equitable principles which have uniformly governed
the British Crown in its dealings with the aborigines.

All which we humbly pray your Majesty to take into
your Majesty’s Most gracious and favourable consideration.

The Senate, Tuesday, December 17th, 1867.
(Signed), Josmrn CAUCHON, Speaker.

House of Commons, Monday, December 16th, 1867.
(Signed), JAMES COCKBURN, Speaker.

SCHEDULE (B).

1. Resolutions.
May 28th, 1869.

Resalved,—f1‘hat the Senate and Commons of the Dominion
of Canada during; the first session of the first Parliament of
Canadahadopted an Address to Her Majesty, praying that
Her. Ma1esty would be graciously pleased, by and with the
advice’ of Her Most Honourable Privy Council, under the
provisions of 146th section of The British North America Act,
1867; and on the terms specified in the Address, to unite Rupert’s
Land and the North—west Territory with this Dominion, and
to grant to the Parliament of Canada authority to legislate
for their future welfare and good government, and assuring
Her Majesty of the willingness of the Parliament of Canada
to ‘assume the duties and obligations of government and legis-
lation as regard those territories.

Resolved,———That the Joint Address of the Senate and
Commons of Canada was duly laid at the foot of the throne,
and that Her Majesty, by despatch from the Right Honourable
the Secretary of State for the Colonies, to the Governor General
Of_ Canada, under date of the 23rd of April, 1868, signified Her
willingness to comply with the prayer of the said Address;
but She was advised that the requisite powers of government
and legislation could not, consistently with the existing charter
01°_ the Hudson’s Bay Company, be transferred to Canada
Without an Act of Parliament, which Act was subsequently
Wsfied by the Imperial Parliament, and received Her Majesty’s
Assent on the 31st July, 1868.

Besolvcd,——That by despatoh dated 8th August, 1868, from
the Honourable Secretary of State for the Colonies, the Governor
General was informed, that in pursuance of the powers con~

18955-«I0;

139

140

Ituperfs Land and the N .-W. Te1*rz’to7‘g/.

ferred by the Act for the surrender of the Hudson Bay Territories
to Her Majesty, he proposed to enter into negotiations with
the Company as to the terms of such surrender, whereupon,
under authority of an order of the Governor—General in Council
loéf the 1st O((:itober,Hl868, th§1H%I/iouurable Sir I()}eo1’ge Et. Cartier,
aronet, an the onoura e i ‘am Mac ougall, C.B. were
appointed a Delegation to England, to arrange the terms for
the acquisition by Canada of Rupert’s Land, and by another
grdei; in dCouncil offthle sarme ldate, were authorized to arrange
or t e a mission 0 t e ort —West Territor into union with
Canada, either with or without Rupert’s Lariil, as it might be
found practicable and expedient.

Resolved,—’.l‘hat the Delegates proceeded on their mission
to England and entered into negotiations with his Grace the
Duke of Buckingham and Chandos, the Secretary of State for
the Colonies, and afterwards with the Right Honourable Earl
Granville, his successor in office, for the acquisition by Canada
of the territorial and other rights claimed by the Hudson’s
Bay Company in Rupert’s Land, and in any other part of
British North America, not comprised in Rupert’s Land,
Canada, or British Columbia. That terms of agreement were
conditionally assented to by the Delegates on behalf of the
Dominion, and on their return to Canada were submitted
with a Report dated 8th May, 1869, which was approved by
His Excellency the Governor in Council, on the 14th day of
the same month.

Res0lved,—Tha.t the Senate will be prepared to concur in
accepting the transfer of the territorial and other rights of the
Hudson’s Bay Company in Rupert/s Land, and in any other
part of British North America, not comprised in Rupert’s Land,
Canada or British Columbia, on the terms conditionally agreed
to on behalf of the Government of Canada, by the Hon. Sir
George Et. Cartier, Baronet, and the Hon. William M acDougall,
C.B., and on behalf of the Hudson’s Bay Company, by Sir
Sta.fi’o1’d H. Northcote, Governor of that Company, and ap-
proved by His Excellency in Council as aforesaid, which terms
are set forth in a letter from ‘Sir Frederic Rogers, Under-
Secretary of State for the Colonies, of the 9th March, 1869,
communicated to the Delegates by Direction of Earl Gran-
ville, and in two subsequent Memorandums dated respectively
22nd and 29th March, 1869, containing a modification of such
terms, and are in the Words and figures following:»——

“Terms, as stated in the Letter from Sir Frederic Rogers,
of M arch, 1869.

“l. The Hudson’s Bay Company to surrender to Her
Majesty all the rights of Government, property, etc., in Rupert’s
Land which are specified in 31 & 32 Vict., cap. 105, sec. 4;
and also all similar rights in any other part of British North
America, not comprised in Rupert’s Land, Canada or British
Columbia.

“2. Canada is to pay to the Company 300,000l., when
Rupert/s Land is transferred to the Dominion of Canada.

Ruperfs Land and the N .-W. Territory.

“3. The Company may, Within twelve months of‘ the
surrender, select a block of land adjoining each of its stations,
within the limits specified in Article 1.

“4. The size of the blocks not to exceed acres
in the Red River Territory, and the aggregate extent of the
blocks is not to exceed 50,000 acres.

“5. So far as the configuration of the country admits, the
blocks are to be in the shape of perallelograms, of which the
length is not more than double the breadth.

“6. The I-Iudson’s Bay Company may, for fifty years
after the surrender, claim in any township or district within the
Fertile Belt in which land is set out for settlement, select grants
of land, not exceeding one-twentieth of the land so set out.
The blocks so granted to be determined by lot, and the Hudson’s
Bay Company to pay a rateable share of the survey expenses,
not exceeding an acre.

“7. For the purpose of the present agreement, the Fertile
Belt is to be bounded as follows :———On the south by the United
States’ boundary; on the West by the Rocky Mountains; on
the north by the northern branch of the Saskatchewan; on the
east by Lake Winnipeg, the Lake of the Woods, and the waters
connecting them.

“8. All titles to land up to the 8th March, 1869, conferred
by the Company, are to be confirmed.

‘ “9. The Company is to be at liberty to carry on its trade
Without hindrance, in its corporate capacity and no exceptional
tax is to be placed on the Coinpa.ny’s land, trade or servants,
nor any import duty on goods introduced by them previous
to the surrender.

“10. Canada is to take over the materials of the electric
telegraph at cost price, such price including transport but not
including interest for money, and subject to a deduction for
ascertained deteriorations.

“11. The Company’s claim to land under agreement of
Messrs. Vankoughnet and Hopkins to be withdrawn.

“12. The details of this arrangement, including the filling
up the blanks in Articles 4 and 6, to be settled at once by mutual
agreement.” ‘ M

‘L EMORANDUM

“Details of Agreement between the Delegates of the Government of the
Dommian, and the Dz’7‘ecto1‘s of the Hudson’s Bay Company.

“1. It is understood that, in surrendering to Her Majesty,
all the rights, etc., of the Company in any part of British North
fimerica not comprised in Rupert’s Land, Canada or British
Columbia, the Company are to retain the posts they actually
°°°Upy In the North West Territory.

“2. It is understood that it will be a sufficient act of selection
under Article III, that the Company should, within twelve
months: name the number of acres which they will require

141

142

Rwperfs Land and the N.-W. Territory.

adjoining each post. The actual survey to he proceeded with,
with all convenient speed.

“3. It is understood that in the Red River Settlement, the
size of the blocks to be retained round Upper Fort Garry shall
not exceed (10) acres; and that round Loiver Fort Garry shall
not exceed (300) acres.

“4. It is understood that a list of the stations round which
the Company will require blocks of land, with the size of the
blocks they will require, shall be made out forthwith, and
communicated to the Canadian Ministers.

“5. It is understood that Article V, shall be construed to
mean that the blocks shall front the river or road, by which
means of access are provided, and shall be approximately in
the form of parallelograzns, of which the frontage shall not be
more than half the depth.

“6. It is understood that the Company may defer the
exercise of their right of claiming their proportion of each
township for not more than ten years after it is set out; but
their claim must be limited to an allotment from the lands
remaining unsold at the time they declare their intention to

. make it.

“7. It is understood that the Blank in Article 6 shall be
filled up with 8 cents (Canadian).

“8. It is understood that any claims of Indians to coin-
pensation for lands required for purposes of settlement shall
be disposed of by the Canadian Government, in communication
with the Imperial Government, and that the Company shall be
relieved of all responsibility in respect of them.

(Signed) “S’rA1«“roIu> H. NORTHCOTE.
“G. E. Cnnrrxnn.

“W. MACDOUGALL.
“March 22, 1869.

“Memorandum of a further Agreement between S757‘ Geo. Et.
Gamer and Sir Stafford Northcote.

“Inasmuch as the northern branch of the Saskatchewan
River is the northern boundary of the Fertile Belt, and therefore
any land on the northern bank is not within the territory of
which the Company are to have one—twentieth part, it is under-
stood that, in forming the townships abutting on the northern
bank, the Company shall be at liberty to take their one-
twentieth of any such townships, giving up to the Canadian
Dominion an equal quantity of the portion of lands coming
to them of townships established on the southern bank.

“It is understood that the townships on the northern bank
shall not for the above purpose extend more than five miles
inland from the river.

“It is understood that, in laying out any public roads,
canals, &e., through any block of land reserved to the Company,
the Canadian Government may take, without compensation,
such land as is necessary for the purpose, not exceeding one-

Ruperfis Land and the N .-W. Territory.

twentyfifth of the total acreage of the block; but if the Canadian
Government require any land which is actually under cultivation,
or which has been built upon, or which is necessary for giving
the Company’s servants access to any river or lake, or as a
frontage to any river or lake, they shall pay the Company the
fair value of the same, and shall make compensation for any
injury done to the Company or their servants.

“It is understood that the whole of the land to be appro-
priated within the meaning of the last preceding clause shall
be appropriated for public purposes.

(Signed) “Gno. Er. CARTIER:
“STAFFORD Nonrncorn.

“London, March 29, 1869.”

~ResalveoZ,—~That this House learns with satisfaction, by
letter ‘from the Under—Secretary of State for the Colonies, of
9th March last, that, in fulfilment of the expectations held out
in Mr. Cardwell’s despatch of 17th June, 1865, Her Majesty’s
Government will be prepared to propose to Parliament that
the Imperial guarantee be given to a loan of 300,000l., the
amount which is proposed to be paid over by Canada on the
transfer of the Company’s rights.

Resolved,~—That the Senate will be ready to concur with
the House of Commons in an Address to Her Majesty, that
she will be graciously pleased, by and with the advice of Her
Most Honourable Privy Council, under the 146th clause of
The British North America Act, 1867, and the provisions of
the Imperial Act, 31 & 32 Vict., cap. 105, to unite Rupert‘/s
Land on the terms and conditions expressed in the foregoing
Resolutions, and also to unite the North—Western Territory
with the Dominion of Canada, as prayed for by, and on the
terms and conditions contained in the joint Address of the
Senate and the House of Commons of Canada, adopted during
the first session of the first Parliament of Canada, and herein-
befere referred to.

Resolred,———That upon the transference of the territories in
question to the Canadian Government, it will be the duty of
the Government to make adequate provision for the protection
of the Indian tribes whose interests and well—being are involved
in the transfer.

ResaZ1)ecl,——That the Governor in Council be authorized and
empowered to arrange any details, that may be necessary to
carry out the terms and conditions of the above agreement.

2. Address.
To the Quecn’s Most Excellent Majesty.

M as! Gracious Sovereign,

WE, your Maje-sty’s most dutiful and loyal subjects, the
Senate and Commons of the Dominion of Canada in Parliament
assembled, humbly approach your Majesty for the purpose of
representing :——

143

144

Rupertls Land and the N .—W. Territory.

That, during the first session of the first Parliament of
this Dominion, we adopted an Address to your Majesty, praying
that your Majesty would be graciously pleased, by and with
the advice of your Majcsty’s Most I-Ionourable Privy Council
under the provisions of the 146th Section of the British North
America Act, 1867, and on the terms specified in that Address,
to unite Rupert’s Land and the North—West Territory with
this Dominion, and to grant to the Parliament of Canada
authority to legislate for their future welfare and good govern-
ment, and assuring your Majesty of the willingness of the
Parliament of Canada to assume the duties and obligations
of Government and legislation as regards those territories.

That our joint Address was duly laid at the foot of the
Throne, and that your Majesty, by despatch from the Right
Honourable the Secretary of State for the Colonies to the
Cgovernor (greéieral ofM Canada, under date of the 23rd fiprlill,
1 68, signi e your ajesty’s willingness to comply wit t e
prayer of the said Address, but that your Majesty was advised
that the requisite powers of government and legislation could
not, consistently with the existing charter of the Hudson’s
Bay Company, be transferred to Canada without an Act of
Parliament, which Act was subsequently passed by the Imperial
Parliament, and received your Majesty’s assent on the 31st
July, 1868.

That by a despatch dated 8th August, 1868, from the
Honourable the Secretary of State for the Colonies, the Governor
General was informed that in pursuance of the powers conferred
by the Act for the surrender of the Hudson’s Bay territories
to your Majesty he proposed to enter into negotiations with
the company as to the terms of such surrender, whereupon,
under authority of an Order of the Governor—General in Cwounlcil,
%f the list Ocd’to£li)e1′,H1868, th1tI)51H€)gI3fiill‘3bl§\ Pu‘ georgfi Bcartrer,

arone’, an ie onoura e 1 ram 1 ac ouga , . ., were
appointed a delegation to England to arrange the terms for the
acquisition by Canada of Rupert’s Land, and by another Order
in Council of the same date, were authorized to arrange for
the admission of the North West Territory into union with
Canada either with or without Rupe1t’s Land, as might be
found practicable and expedient.

d Tliat tlée delegates proceeded on their mission to England,
an entere into negotiations with his Grace the Duke of
Buckingham and Chandos, then Secretary of State for the
Colonies, and afterwards with the Right Honourable Earl
Granville, his successor in oflficc for the acquisition by Canada
of the territorial and other rights claimed by the Hudsoxfs
Bay Company in Rupert’s Land, and in any other part of
British North America not comprised in Rupert’s Land, Canada
or British Columbia, on the terms conditionally agreed to on
behalf of the Government of Canada by the Honourable Sir
George Et. Cartier, Baronet, and the Honourable William
MacDougall, 013., and on behalf of the Hudson’s Bay Com~
paréy by Sir gtfifiofid H. Northcote, Governor of that Company,
an approve y is Excellency in Council as aforesaid, which
terms are set forth in a letter from Sir Frederic Rogers, Under-
Secretary of State for the Colonies, of the 9th March, 1869,
communicated to the delegates by direction of Earl Granville,

Rupert’s Land and the N .—W. Territory.

and in two subsequent Memorandums dated respectively 22nd
and 29th March, 1869, containing a modification of such terms,
and are in the words and figures following:

“Terms, as stated in the Letter from Sir‘Frederie Rogers
of 9th March, 1869.

(These terms as set forth on pages 146,147 supra are here
recited at length.)
“MEMORANDUM.

“Details of Agreement between the Delegates of the Government
of the Dominion and the Directors of the
Hudson’s Bay Company.

(This memorandum as set forth on pages 14?‘, 148 supra is
here recited at length. )

“Memorandum of a further Agreement between Sir Geo. Et.
Cartier and Sir Stafford N orthcote.

( This memorandum, also above set forth, is here
recited at length. )

That we learn with satisfaction by letter from the Under-
S}<13cretar%7fi>1i Stateffor the Colonies, the 9tl\1/‘[Ma1’ch lalst,
L at, in u irnent o the expectations he out in .L r. Cardwe 1’s
despatch of the 17th of June, 1865, your Majesty’s Government
will be prepared by propose to Parliament that the Imperial
guarantee be given to a loan of 300,000l. the amount which is
proposed to be paid over by Canada on the transfer of the
Company’s rights.

That upon the transference of the ‘territories in question
to the Canadian Government it will be our duty to make
adequate provision for the protection of the Indian tribes
whose interests and Wcll—being are involved in the transfer,
and We authorize and empower the Governor in Council to
arrange any details that may be necessary to éarry out the
terms and conditions of the above agreement.

We therefore most humbly pray that your Majesty will
be graciously pleased, by and with the advice of your Most
H0n_oui’able Privy Council, under the 146th clause of the
British North America Act, 1867, and the provisions of the
Imperial Act 31 and 32 Vict. cap. 105, to unite Rupert’s Land
0n_the terms and conditions expressed in the foregoing reso-
lutions and also to unite the North—W’estern Territory with the
Dominion of Canada as prayed for by and on the terms and
conditions contained in our joint Address adopted during the
first session of the first Parliament of this Dominion, and herein—
before referred to.

The Senate, Monday, May 31, 1869.
(Signed,) Josnrn Cmrcnon, Speaker.

House of Commons, Ottawa, May 29, 1869.
(Signed,) Jmuns COCKBURN, Speaker

145

146

Ruperfs Land and the N .-W. Tem’tory.
SCHEDULE (C).

The Governor and Company of Adventurers of England trading
into Hudson’s Bay to HER MAJESTY QUEEN VICTORIA.

DEED or SURRENDER.

To all whom these presents shall come unto, or concern, the
Governor and Company of Adventurers of England,
trading into Hudson’s Bay, send greeting.

WHEREAS the said Governor and Company were established
and incorporated by their said name of “The Governor and
Company of Adventurers of England, trading into Hudson’s
Bay,” by Letters Patent granted by His late Majesty King
Charles the Second in the twenty—second year of his reign,
whereby His said Majesty granted unto the said company
and their successors the sole trade and commerce of all those
seas, straits, bays, rivers, lakes, creeks and sounds in whatsoever
latitude they should be, that lay within the entrance of the
straits commonly called Hudson’s Straits together with all the
lands and territories upon the countries, coasts, and confines
of the seas, bays, lakes, rivers, creeks, and sounds aforesaid
that were not already actually possessed by, or granted to,
any of His Majesty’s subjects, or possessed by the subjects of
any other Christian Prince or State, and that the said land
should be from thenceforth reckoned and reputed as one of
His Majesty’s Plantations or Colonies in America, called
Rupert’s Land; and whereby His said Majesty made and
constituted the said Governor and Company and their successors
the absolute lords and proprietors of the same territory, limits
and places aforesaid, and of all other the premises saving the
faith, allegiance and sovereign dominion due to His said Majesty,
his heirs and successors for the same; and granted to the said
Governor and Company and their successors, such rights of
Government and other rights, privileges and liberties, franchises,
powers and authorities in Rupert’s Land as therein expressed.
And Whereas ever since the date of the said Letters Patent,
the said Governor and Company have exercised and enjoyed
the sole right thereby granted of such trade and commerce as
therein mentioned, and have exercised and enjoyed other
rights, privileges, liberties, franchises, powers, and authorities
thereby granted; and the said Governor and Company may
have exercised or assumed rights of Government in other parts
of British North America not forming part of Rupert’s Land,
or of Canada, or of British Columbia. And whereas by the
British North America Act, 1867, it is (amongst other things)
enacted that it shall be lawful for Her present Majesty Queen
Victoria, by and with the advice and consent of Her Majesty’s
most Honourable Privy Council, on address from the Houses
of Parliament of Canada, to admit Rupert’s Land and the
North Western Territory or either of them into the Union
of the Dominion of Canada on such terms and conditions as
are in the Address expressed, and as Her Majesty thinks fit to
approve, subject to the provisions of the said Act. And whereas,
by the Rupert’s Land Act, 1868, it is enacted (amongst other
things) that for .the purposes of that Act the term “Rupert’s

Ruperfls Land and the N .—W. Territozvy.

Land” shall include the whole of the lands and territories
held or claimed to be held by the said Governor and Company,
and that it shall be competent for the said Governor and Com-
pany to surrender to Her Majesty, and for Her Majesty, by
any instrument under Her Sign Manual and Signet to accept
a surrender of all or any of the lands, territories, rights, privi-
leges, liberties, franchises, powers and authorities whatsoever,
granted or purported to be granted by the said Letters Patent
to the said Governor and Company within Rupert’s Land,
upon such terms and conditions as shall be agreed upon by and
between Her Majesty and the said Governor and Company;
provided, however, that such surrender shall not be accepted
by Her Majesty until the terms and conditions upon which
Rupert’s Land shall be admitted into the said Dominion of
Canada shall have been approved of by Her Majesty, and
embodied in an Address to Her Majesty from the Houses of
the Parliament of Canada, in pursuance of the 146th Section
of the British North America Act, 1867, and that upon the
acceptance by Her Majesty of such surrender, all rights of
Government and proprietary rights, and all other privileges,
liberties, franchises, powers and authorities whatsoever, granted
or purported to be granted by the said Letters Patent to the
said Governor and Company within Rupert’s Land, and which
shall have been so surrendered. shall be absolutely extinguished,
provided that nothing in the said Act contained shall prevent
the said Governor and Company from continuing to carry on
in Rupcrt’s Land or elsewhere trade and commerce. And
whereas Her said Majesty Queen Victoria and the said Governor
and Company have agreed to terms and conditions upon which
the said Governor and Company shall surrender to Her said
Majesty, pursuant to the provisions in that behalf in the Rupert’s
Land Act, 1868, contained, all the rights of Government and
other rights, privileges, liberties, franchises, powers and auth-
orities, and all the lands and territories (except and subject as
in the said terms and conditions expressed or mentioned)
granted or purported to be granted by the said Letters Patent,
and also all similar rights which have been exercised or assumed
by the said Governor and Company in any parts of British

orth America not forming part of Rupert’s Land, or of Canada,
or of British Columbia, in order and to the intent that, after
such surrender has been cilected and accepted under the p1’o—
visions of the last—mentioned Act, the said Ruperifls Land may
be admitted into the Union of the Dominion of Canada, pursuant
to the hereinbefore mentioned Acts or one of them. And
Whereas the said terms and conditions on which it has been agreed
that the said surrender is to be made by the said Governor and
Company (who are in the following articles designated as the
Company) to Her said Majesty are as follows (that is to say) :—

1. The Canadian Government shall pay to the Company
the sum of 300,000l. sterling when Rupert’s Land is transferred
to the Dominion of Canada.

2. The Company to retain all the posts or stations now
actually possessed and occupied by them or their oifice1’s_or
agents Whether in Rupert’s Land or any other part of British
North America, and may within twelve months after the
acceptance of the said surrender select a block of land adjoining

147

148

Ruperfs Land and the N .—W. Territory.

each of their posts or stations, within any part of British N orth
America, not comprised in Canada and British Columbia in
conformity, except as regards the Red River Territory, with a
list made out by the Company and communicated to the Cana-
dian Ministers, being the list in the annexed schedule. The
actual survey is to be proceeded with, with all convenient speed.

3. The size of each block is not to exceed in the Red River
Territory an amount to be agreed upon between the Company
and the Governor of Canada in Council.

4. So far as the configuration of the country admits, the
blocks shall front the river or road by which means of access
are provided, and shall be approximately in the shape of parallel-
ograms, and of which the frontage shall not be more than
half the depth.

5. The Company may, at any time Within fifty years after
such acceptance of the said surrender, claim in any township
or district Within the fertile belt in which land is set out for
settlements, grants of land not exceeding one~twentietl1 part
of the land so set out; the blocks so granted to be determined
by lot, and the Company to pay a rateable share of the survey
expenses, not exceeding 8 cents Canadian an acre. The Com-
pany may defer the exercise of their right of claiming their
proportion of each township or district for not more than
ten years after it is set out, but their claim must be limited
to an allotment from the lands remaining unsold at the time
they declare their intention to make it.

6. For the purpose of the last article the fertile belt is to
be bounded as follows:———On the south by the United States’
boundary; on the west by the Rocky Mountains; on the north
by the Northern Branch of the Saskatchewan River; on the
east by Lake Winnipeg, the Lake of the Woods and the Waters
connecting them.

7. If any township shall be formed abutting on the north
bank of the northern branch of the Saskatchewan River, the
Company may take their one—twentirth of any such township,
which, for the purpose of this article, shall not extend more
than five miles inland from the river, giving to the Canadian
Dominion an equal quantity of the portion of land coming
to them of townships established on the southern bank of the
said river.

8. In laying out any public roads, canals or other public
works, through any block of land reserved to the Company,
the Canadian Government may take without compensation
such land as is necessary for the purpose, not exceeding one-
twenty—fiEth of the total acreage of the block; but if the Canadian
Government require any land which is actually under cultivation,
which has been built upon, or which is necessary for giving the
Company’s servants access to any river or lake, or as a frontage
to any river or lake, the said Government shall pay to the
Company the fair value of the same, and shall make eo1npen—
sation for any injury clone to the Company or their servants.

9. It is understood that the Whole of the land to be appro~
priated Within the meaning of the last preceding clause, shall
be appropriated for public purposes.

Ii5upe’rt’s Land and the N .—W. Territory.

10. All titles to land up to the eighth day of March, one
thousand eight hundred and sixtymine, conferred by the Com-
pany, are to be confirmed.

11. The Company is to be at liberty to carry on its trade
without hindrance in its corporate capacity; and no exceptional
tax is to be placed on the Company’s land, trade or servants,
nor any import duty on goods introduced by the said Company
previously to such acceptance of the said surrender.

12. Canada. is to take over the materials of the electric
telegraph at cost price; such price including transport, but not
including interest for money, and subject to a deduction for
ascertained deterioration.

13. The Company’s claim to land under an agreement of
Messrs. Vankoughnet and Hopkins is to be withdrawn.

14. Any claims of Indians to compensation for lands re-
quired for purposes of settlement shall be disposed of by the
Canadian Government in communication with the Imperial
Government; and the Company shall be relieved of all respon-
sibility in respect of them.

And whereas the surrender hereinafter contained is intended
to be made in pursuance of the agreement, and upon the terms
and conditions horeinbcfore stated.

Now know ye, and these presents witness, that, in pursuan ce
of the powers and provisions of the Rupert‘/s Land Act, 1868,.
and on the terms and conditions aforesaid, and also on condition
of this surrender being accepted pursuant to the provisions of
that Act, the said Governor and Company do hereby surrender
to the Queens Most Gracious Majesty, all the rights of Govern«
ment, and other rights, privileges, liberties, franchises, powers
and authorities, granted or purported to be granted to the
said Governor and Company by the said recited Letters Patent
of His late Majesty King Charles the Second; and also all
similar rights which may have been exercised or assumed by
the said Governor and Company in any parts of British North
America, not forming part of Rupcrl/s Land or of Canada,
or of British Columbia, and all the lands and territories within
Rupert’s Land (except and subject as in the said terms and
conditions mentioned) granted or purported to be granted to
the said Governor and Company by the said Letters Patent.
In witness whereof, the Governor and Company of Adventurers
of England trading into Hudson’s Bay, have hereunto caused
their Common Seal to be affixed, the nineteenth day of Novem-
ber, One thousand eight hundred and sixty~nine.

THE SCHEDULE ABOVE REFERRED TO
Northern Department, Rnrnn’r’s LAND

District Post Acres of Land
English River . . . . . .. Isle a la Crosse . 50
Rapid River.. 5
Portage La Loche.. 20 say 10 acres each end cl
Green Lake 100 portage.
Cold Le.ke.. 10
Deer‘s Lake . , 5 _
—-~— 190 acres in English River
District;

149

Ruperfls Land and the N .—W . Territory.

Northern Department. Rt71>ERw’s LANx:—C’ou1x‘nued

District

Post

Acres of Land

Saskatclwwnn. .

Cu mlwrlnnd . ‘ . . . . . . .

Swan River . . . . . . . . . .

Red River . . , . . . . l . . .

Manitobah Lnko. . . . .
Portage La Prairie‘ . .

Lake La Pluie …… ..

York . . . . . . . . . . . . , . . .

. Edmonton House. . .

Rocky Mountain

Lac Lu Biche.
Fort Assiniboi
Lesser Slave La

Grnnde Rap”

Fort Pel1y..
Fort Ellice
Qu’Appelle . .
Touahwnod H: s.
Shoal River .
Manitobnh.
Faiflord. . . .

Uxfifzcr Fort Garry and‘

own of Winnipeg. A . .1

Lower Fort Gary
(including the farm
the Company now
lspvo under c.x1triva—

hon)
White Horse Plum J
Oak Point . . . . . . . . . .

Rat Portage
Slmnl Lake.

Whitefish Lake.
English Rtver,
Hungr Hall .
Trout ake. . ..
Clear Water Lake.
Sandy Point. .4 ..

York Factory.
Churchill
Severn‘ .

Iaul¢son’s Bay.
God’s Luke.
Island Lake.

:” S33“:-°5°.W5°
§§§g§§§§§§§§§ §

:‘
0:38
cc:

. , 0
———25. 700 acres in Saskatchewan

Discric c.

25 ,
50
I00 50 acres at each end of portage.

” -—4,325 acres in Cumberland

Dxstrict.
3, 000
3,000
2. 500
5

H ———-— 9,200 acres in Swan Riyer

Ihstrict.

Such number of acres as may
be agreed upon between the
Company and the Govern
not of Canada in Council.

” ———~ 1.300 acres in Lac La. Pluie

Dxstrict

260 ‘

Ruperfs Land and the N .-W. Territory. 15]

Northern Department, RVl’ER’l”E LAN»-C’onoludad

District . Post Acres of Land
Norway House ….. . . Norway House. 100

Berens’ River

Grand Ropid.

Nelson’s River.

145
Total in Nort lern Department. , . 42,170 acres.

Southern Department, RUx’nn.1\’s LAND

Albany. . . .. . . . . . . . . . Albany Factory 100
Martin’s Falls 10
Osnaburg.
Lac Seu1..

East Main ………. .. Little Whole River. . . .. 50
Great Whale Rive 50
Fort George. . . . . .. 25

—-— 125
Moose………….,..MooseFactory 0
Hannah Bay 10
Ahitibi. . .. 10
New Brunswick. 25

145
Rune)-t’s House . . . . .. Rupert’s House 50
Mistassing… 10
‘1‘emisl

That, during the last session of the late Legislative Council,
the subject of the admission of the Colony of British Columbia
into the Union or Dominion of Canada was taken into con-
sideration, and a resolution on the subject was agreed to,
embodying the terms upon which it was proposed that this
colony should enter the Union;

That after the close of the session, Delegates were sent by
the Government of this Colony to Canada to confer with the
Government of the Dominion with respect to the admission of
British Columbia into the Union upon the terms proposed;

That after considerable discussion by the Delegates with
the Members of the Government of the Dominion of Canada,
the terms and conditions hereinafter‘ specified were adopted
by a Committee of the Privy Council of Canada and were by
them reported to the Governor General for his approval;

That such terms were communicated to the Government
of this Colony by the Governor General of Canada, in a despatoh
dated July 7th, 1870, and are as follows :~

1. Canada shall be liable for the debts and liabilities of
British Columbia existing at the time of the Union.

2. British Columbia not having incurred debts equal to
those of the other provinces now constituting the Dominion,
shall be entitled to receive, by half—yearly payments, in advance
from the General Government, interest at the rate of five per

The Province of British Columbia.

cent per annum on the difference between the actual amount
of its indebtedness at the date of the Union, and the indebtedness
per head of the population of Nova Scotia and New Brunswick
(27.77 dollars), the population of British Columbia being
taken at 60,000.

3. The following sums shall be paid by Canada to British
Columbia for the support of its Government and Legislature,
to wit, an annual subsidy of 35,000 dollars, and an annual grant
equal to 80 cents per head of the said population of 60,000,
both haIf«year1y in advance, such grant of 80 cents per head
to be augmented in proportion to the increase of population,
as may be shown by each subsequent decennial‘ census, until
the population amounts to 400,000, at which rate such grant
shall thereafter remain, it being understood that the first census
be taken in the year 1881.

4. The Dominion will provide an clficient mail service,
fortnightly, by steam communication between Victoria and
San Francisco, and twice a week between Victoria and Olympia;
the vessels to be adapted for the conveyance of freight and
passengers.

5. Canada will assume and defray the charges for the
following services:~——

A. Salary of the Lieutenant—Governor;

B. Salaries and allowances of the Judges of the Superior
Courts and the County or District Courts;

C. The charges in respect to the Department of Customs;

D. The Postal and Telegraph Services;

E. Protection and encouragement of Fisheries;

F. Provision for the Militia;

G. Lighthouses, Buoys and Beacons, Shipwrecked Crews,
Quarantine and Marine Hospitals, including a
Marine Hospital at Victoria;

H. The Geological Survey;

I. The Penitentiary;

And such further charges as may be incident to and con-
nected with the services which by the British North America
Act, 1867, appertain to the General Government, and as are
or may be allowed to the other Provinces.

6. Suitable pensions, such as shall be approved of by Her
Majesty’s Government shall be provided by the Government
of the Dominion for those of Her Majesty’s servants in the
Colony whose position and emoluments derived therefrom
would be aifeeted by political changes on the admission of
British Columbia into the Dominion of Canada.

7. It is agreed that the existing Customs tarili and Excise
duties shall continue in force in British Columbia until the
railway from the Pacific Coast and the system of railways in
Canada are connected, unless the Legislature of British Columbia
should sooner decide to accept the Tariff and Excise Laws of
Canada. When Customs and Excise duties are, at the time
of the union of British Columbia with Canada, leviable on any

The Province of B7‘t’iish Columbia.

goods, wares or merchandises in British Columbia, or in the
other Provinces of the Dominion, those goods, Wares and
merehandises may, from and after the Union, be imported
into British Columbia from the Provinces now composing the
Dominion, or into either of those Provinces from British Colum-
bia, on proof of payment of the Customs or Excise duties
leviable thereon in the Province of exportation, and on payment
of such further amount (if any) of Customs or Excise duties
as are leviable thereon in the Province of importation. This
arrangement to have no force or effect after the assimilation
of the Tariff and Excise duties of British Columbia with those
of the Dominion. ‘

8. British Columbia shall be entitled to be represented in
the Senate by three members, and by six members in the House
of Commons. The representation to be increased under the
provisions of The British North America Act, 1867.

9. The influence of the Dominion Government will be used
to secure the continued maintenance of the naval station at
Esquimault.

10. The provisions of the British North America Act,
1867, shall (except those parts thereof which are in terms made,
or by reasonable intendment may be held to be specially applic-
able to and only afiect one and not the Whole of the Provinces
now comprising the Dominion, and except so far as the same
may be varied by this Minute) be applicable to British Columbia
in the same Way and to the like extent as they apply to the
other Provinces of the Dominion, and as if the Colony of British

Columbia had been one of the Provinces originally united by‘

the said Act.

11. The Government of the Dominion undeltalte to secure
the commencement simultaneously, within two years from the
date of the Union, of the construction of a railway from the
Pacific towards the Rocky Mountains, and from such point
as may be selected, east of the Rocky Mountains, towards the
Pacific, to connect the seaboard of British Columbia with the
railway system of Canada; and further, to secure the completion
of such railway within ten years from the date of the Union.

And the Government of British Columbia agree to convey
to the Dominion Government, in trust, to be appropriated in
such manner as the Dominion Government may deem advisable
in furtherance of the construction of the said railway, a similar
extent of public lands along the line of railway throughout its
entire length in British Columbia (not to exceed however,
twenty (20) miles on each side of said line,) as may be appro-
priated for the same purpose by the Dominion Government
from the public lands of the North—West territories and the
Province of Manitoba: Provided that the quantity of land
which may be held under pre-emption right or by Crown grant
Within the limits of the tract of land in British Columbia to
be so conveyed to the Dominion Government shall be made
good to the Dominion from contiguous public lands; and
provided further, that until the commencement, within two
years, as aforesaid, from the date of the Union, of the con-
struction of the said railway, the Government of British

157

158

x.

The Province of British Columbia.

Columbia. shall not sell or alienate any further portions of the
public lands of British Columbia in any other way than under
right of pre-emption requiring actual residence of the pre~
eznptor on the land claimed by him. In consideration of the
land to be so conveyed in aid of the construction of the said
railway, the Dominion Government agree to pay to British
Columbia. from the date of the Union, the sum of 100,000
dollars per annum, in half-yearly payments in advance.

12. The Dominion Government shall guarantee the interest
for ten years from the date of the completion of the works, at
the rate of five per centum per annum, on such sum, not ex-
ceeding £100,000 sterling, as may be required for the construc-
tion of a first class graving dock at Esquimalt.

13. The charge of the Indians, and the trusteeship and
management of the lands reserved for their use and benefit,

shall be assumed by the Dominion Government, and a policy .

as liberal as that hitherto pursued by the British Columbia
Government shall be continued by the Dominion Government
after the Union.

To carry out such policy, tracts of land of such extent as
it has hitherto been the practice of the British Columbia Gov-
ernment to appropriate for that purpose, shall from time -to
time be conveyed by the Local Government to the Dominion
Government in trust for the use and benefit of the Indians on
application of the Dominion Government; and in case of dis-
agreement between the two Governments respecting the quan-
tity of such tracts of land, to be so granted, the matter shall
be referred for the decision of the Secretary of State for the
Colonies.

14. The Constitution of the Executive Authority and of
the Legislature of British Columbia shall, subject to the
provisions of the British North America Act, 1867, continue
as existing at the time of the Union until altered under the
authority of the said Act, it being at the same time understood
that the Government of the Dominion will readily consent to
the introduction of responsible government when desired by
the inhabitants of British Columbia, and it being likewise
understood that it is the intention of the Government of British
Columbia, under the authority of the Secretary of State for the
Colonies, to amend the existing Constitution of the Legislature
by providing that a majority of its Members shall be elective.

The Union shall take effect according to the foregoing
terms and conditions on such day as Her Majesty by and with
the advice of Her Most Honourable Privy Council may appoint
(on addresses from the Legislature of the Colony of British
Columbia and of the Houses of Parliament of Canada in the
terms of the 146th section of the British North America Act,
1867,) and British Columbia may in its address specify the
electoral districts for which the first election of Members to
serve in the House of Commons shall take place.

That terms have proved generally acceptable to the people
of this Colony.

That this Council is, therefore, willing to enter into Union
with the Dominion of Canada upon such terms, and humbly

The P7‘ovi7Lce of British Columbia.

submit that, under the circumstances, it is expedient that the
admission of this Colony into such Union, as aforesaid, should
be effected at as early at date as may be found practicable
under the provisions of the 14-.6th section of the British North
America Act, 1867.

We, therefore, humbly pray that Your Majesty will be
graciously pleased, by and with the advice of Your Majesty’s
Most Honourable Privy Council, under the provisions of the
146th section of British North America Act, 1867, to admit
British Columbia into the Union or Dominion of Canada, on
the basis of the terms and conditions offered to this Colony
by the Government of the Dominion of Canada, hereinbefore
set forth; and inasmuch as by the said terms British Columbia
is empowered in its address to specify the electoral districts
for which the first election ‘of members to serve in the House
of Commons shall take place, we humbly pray that such electoral
dilsltricts may be declared, under the Order in Council, to be as
fo ows:——

That “New Westminster District,” and the “Coast Dis-
trict,” as defined in a public notice issued from the Lands and
Works Ollice on the 15th day of December, 1869, by the desire
of the Governor, and purporting to be in accordance with the
provisions of the 39th clause of>thc “Mineral Ordinance, 1869,”
shall constitute one district, to be designated “New Westminster
District,” and return one Member.

That “Cariboo District,” and “Lillooct District,” as speci~

fled in the said public notice, shall constitute one district, to be I

designated “Cariboo District,” and return one Member.

That “Yale District,” and “Kootenay District,” as speci-
fied in the said public notice, shall constitute one district, to
be designated “Yale District,” and return one Member.

That those portions of Vancouver Island known as “Vic-
toria District,” “Esquimalt District,” and “Metchosin Dis«
trict,” as defined in the oflicial maps of those districts in the
Land Office, Victoria, and which maps are designated respec-
tively, “Victoria District Oflieial Map, 1858,” “Esquimalt
District Oflicial Map, 1858,” and “Metchosin District Official
Map, 1858,” shall constitute one district, to be designated
“Victoria District,” and return two Members.

And that all the remainder of Vancouver Island, and all
such islands adjacent thereto as were formerly dependencies
of the late colony of Vancouver Island shall constitute one
district, to be designated “Vancouver Island District,” and
return one Member.

We further humbly represent, that the proposed terms
and conditions of Union of British Columbia with Canada, as
stated in the same Address, are in conformity with those pro-
llminarily agreed upon between delegates from British Columbia
and the Members of the Government of the Dominion of
Canada, and embodied in a Report of a Committee of the
Privy Council, approved by His Excellency the Governor
General in Council, on the 1st July, 1870, which approved
Report is as follows :—

159

The Province of British Columbia.

Copy of a Report of a Committee of the Honourable the Privy
Council, approved by His Excellency the Governor General
in’_Council, on the 1st of July, 1870.

The Committee of the Privy Council have had under
consideration a Despatch, dated the 7th May, 1870, from the
Governor of British Columbia, together with certain Resolu-
tions submitted by the Government of that colony to the
Legislative Council thereof——both hereunto annexed——on the
subject of the proposed Union of British Columbia with the
Dominion of Canada; and after several interviews between
them and the Honourable Messrs. Trutch, Helrncken, and
Carrall, the Delegates from British Columbia, and full discussion
with them of the various questions connected with that im-
portant subject, the Committee now respectfully submit to
Your Excellency’s approval, the following terms and conditions
to form the basis of a political union between British Columbia
and the Dominion of Canada.

(Here are set forth at length the terms of Union as stated on
pages 161, 162, 163, 164 and 165 supra, in the Address of the
Legislative Council of British Columbia.)

(Certified). WM. H. LEE,
Clerk Privy Council.

We further humbly represent that we concur in the terms
and conditions of Union set forth in the said Address, and
approved Report of the Committee of the Privy Council above
mentioned; and most respectfully pray that your Majesty will
be graciously pleased, by and with the advice of your Majesty’s
most Honourable Privy Council, under the 146th clause of
The British North America. Act, 1867, to unite British Columbia
with the Dominion of Canada, on the terms and conditions
above set forth.

The Senate, Wednesday, April 5th, 1871.

(Signed) J osnrn CAUCIION, Speaker.

Address of the Commons. of Canada.
To the Queen’s Most Excellent Majesty.

Most Gracious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the
Commons of Canada in Parliament assembled, humbly approach
Your Majesty for the purpose of representing:——

{ The balance of the Address is identical in form with the
Address of the Senate and is omitted for that reason.)

Jsmns COCKBURN, Speaker.
House of Commons,

Saturday, 1st April, 1871.

l

NC-‘H

The Province of British Columbia.
Address of the Legislative Council of British Columbia.
To the Queen’s Most Excellent Majesty.

M ost Gracious Sovereien,

We, your I\/Iajesty’s most dutiful and loyal subjects, the
Members of the Legislative Council of British Columbia. in
Council assembled, humbly approach your Majesty for the
purpose of representing :~—

(Eta, etc., etc. The Address is set forth at length in the
Address of the Senate. )

(Signed)

PHILIP J. HANKIN, ‘
Speaker

18955—~1l

161

ORDER OF HER MAJESTY IN COUNCIL
ADMITTIN G PRINCE EDWARD ISLAND
INTO THE UNION (114)

At the Court at Windsor, the 26th day of June, 1873.

PRESENT.’
The QUEEN’S Most Excellent Majesty.
Lord President. Earl of Kimberley.
Earl Granville. Lord Chamberlain.

Mr. Gladstone.

WH1«mnAs by the British North America Act, 1867, pro-
vision was made for the Union of the Provinces of Canada,
Nova Scotia and New Brunswick into the Dominion of Canada,
and it was (amongst other things) enacted that it should be
lawful for the Queen, by and with the advice of Her Ma.jesty’s
Most Honourable Privy Council, on Addresses from the Houses
of the Parliament of Canada, and of the Legislature of the
Colony of Prince Edward Island, to admit that Colony into the
said Union on such terms and conditions as should be in the
Addresses expressed, and as the Queen should think fit to ap-
prove, subject to the provisions of the said Act; and it was
further enacted that the provisions of any Order in Council
in that behalf, should have effect as if they had been enacted
by the Parliament of the United Kingdom of Great Britain
and Ireland.

And Whereas by Addresses from the Houses of the Parliav
ment of Canada, and from the Legislative Council and House
of Assembly of Prince Edward Island respectively, of which
Addresses, copies are contained in the Schedule to this Order
annexed, Her Majesty was prayed, by and with the advice
of Her Most Honourable Privy Council, under the one hundred
and forty-sixth section of the hercinbefore recited Act, to
admit Prince Edward Island into the Dominion of Canada,
on the terms and conditions set forth in the said Addresses.

(H4) “The third in order of entry of the new provinces into the Dominion was
Prince Edward Island, which, originally constituting part of Nova Scotia. had
enjoyed representative institutions since 1773. The date of the Imperial Order in
Council in the case of Prince Edward Island is June 26th, 1873. It was based upon
and embodied the terms of the addresses of the Parliament oi the Dominion and
the Legislature of the Province, which. having been a. settled colony it was only
necessary for the Order in Council to provide concerning its constitution that “the
constitution of the Executive authority and of the Legislature of Prince Edward
Island shall, subject to the provisions of the British North America Act, 1867,
Zontinue as at the time of the Union, until altered under the authority of the said

ct.”

The status of the province in Confederation is provided for by the Imperial
Order in Council in the customary terms. as in the case of British Columbia, that
the provisions of the British North America Act, 1867. shall (except &c., and except
&c.) apply to the province in the same way and to the like extent as they apply to
the other provinces of the Dominion, and as if Prince Edward Island had been one
of the provinces originally united by the said Act.” W. F. O’Ccnnor.-Report to
the Speaker ofthe Senate (1939). Annex 1, page 9.

162

And whereas Her Majesty has thought fit to approve of
the said terms and conditions, it is hereby ordered and declared
by Her Majesty, by and with the advice of Her Privy Council,
in pursuance and exercise of the powcrs‘vested in Her Majesty,
by the said Act of Parliament, that from and after the first
day of July, one thousand eight hundred and seventy-three,
the said Colony of Prince Edward Island shall be admitted
into and become part of the Dominion of Canada, upon the
terms and conditions set forth in the hercinbeforc recited
Addresses.

And in accordance with the terms of the said Addresses
relating to the Electoral Districts for which, the time within
which, and the laws and provisions under which the first election
of members to serve in the House of Commons of Canada,
for such Electoral Distrietsshall be held, it is hereby further
ordered and declared that “Prince County” shall constitute
one district, to be designated “Prince County District,” and
return two members that “Qucen’s County” shall constitute
one district, to be designated “Queen’s County District,” and
return two members; that “King’s County” shall constitute
one district, to be designated “King’s County District,” and
return two members; that the election of members to serve in
the House of Commons of Canada, for such Electoral Districts
shall be held within three calendar months from the day of the
admission of the said Island into the Union or Dominion of
Canada; that all laws which at the date of this Order in Council
relating to the qualification of any person to be elected or sit
or vote as a member of the House of Assembly of the said
Island, and relating to the qualifications or disqualifications of
voters, and to the oaths to be taken by voters, and to Returning
Cffi cers and Poll Clerks, and their powers and duties, and relat-
ing to Polling Divisions within the said Island, and relating to
the proceedings at elections, and to the period during which
such elections may be continued, and relating to the trial of
controverted elections, and the proceedings incidental thereto,
and relating to the vacating of seats of the members, and to-
the execution of new writs, in the case of any seat being vacated
otherwise than by a dissolution, and to all other matters con-
nected with or incidental to elections of members to serve in
the House of Assembly of the said Island, shall apply to elections
of members to serve in the House of Commons for the Electoral
Districts situate in the said Island of Prince Edward.

‘And the Right Honourable Earl of Kimberley, one of Her
IV_Ia3esty’s Principal Secretaries of State is to give the necessary
directions herein, accordingly.

Prince Edward Island.

ARTHUR HELPS.

SCHEDULE.
To the Qucen’s Most Excellent Majesty.

M ost Gracious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the
Commons of the Dominion of Canada in Parliament assembled,
humbly approach Your Majesty for the purpose of repre»
senting:—

18955-1143

163

164.

Prince Edward Island.

That during the present Session of Parliament we have
taken into consideration the subject of the admission of the
Colony of Prince Edward Island into the Union or Dominion
of Canada, and have resolved that it is expedient that such
admission should be effected at as early 5. date as may be found
practicable under the one hundred and forty—sixth section of
the British North America. Act, 1867, on the conditions hcrein~
after set forth, which have been agreed upon with the Delegates
from the said Colony that is to say :—

That Canada shall be liable for the debts and liabilities
of Prince Edward Island at the time of the Union;

That in consideration of the large expenditure authorized
by the Parliament of Canada for the construction of railways
and canals, and in View of the possibility of a readjustment of
the financial arrangements between Canada and the several
Provinces new embraced in the Dominion, as well as the isolated
and exceptional condition of Prince Edward Island, that Colony
shall, on entering the Union, be entitled to incur a debt equal
to fifty dollars per head of its population, as shown by the Census
Returns of 1871, that is to say: four millions seven hundred
and one thousand and fifty dollars;

That Prince Edward Island not having incurred debts
equal to the sum mentioned in the next preceding Resolution,
shall be entitled to receive, by half—ycarly payments, in advance,
from the General Government, interest at the rate of five
per ccntum per annum on the difference, from time to time,
between the actual amount of its indebtedness and the amount
of indebtedness authorized as aforesaid, v1’z., four millions seven
hundred and one thousand and fifty dollars;

That Prince Edward Island shall be liable to Canada for
the amount (if any) by which its public debts and liabilities
at the date of the Union, may exceed four millions seven hundred
and one thousand and fifty dollars and shall be chargeable
with interest at the rate of five per centum per annum on such
excess;

That as the Government of Prince Edward Island holds
no lands from the Crown, and consequently enjoys no revenue
from that source for the construction and maintenance of local
works, the Dominion Government shall pay by half-yearly
instalments, in advance, to the Government of Prince Edward
Island, forty—five thousand dollars per annum, less interest
at five per centum per annum, upon any sum not exceeding
eight hundred thousand dollars which the Dominion Govern-
ment may advance to the Prince Edward Island Government
for the purchase of lands now held by large proprietors;

That in consideration of the transfer to the Parliament of
Canada of the powers of taxation, the following sums shall be
paid yearly by Canada to Prince Edward Island, for the support
of its Government and Legislature, that is to say, thirty thousand
dollars, and an annual grant equal to eighty cents per head of
its population, as shown by the Census returns of 1871, viz.,
94,021, both by half-yearly payments in advance—such grant
of eighty cents per head to be augmented in proportion to the
increase of population of the Island as may be shown by each

Prince Edward Island.

subsequent decennial Census, until the population amounts to
four hundred thousand, at which rate such grant shall thereafter
remain, it being understood that the next Census shall be taken
in the year 1881;

That the Dominion Government shall assume and defray
all the charges for the following services, viz. :—«

The salary of the Lieutenant—Governor;
The salaries of the Judges of the Superior Court and of the
District or County Courts when established;
The charges in respect of the Department of Customs;
The Postal Department; ‘
The protection of the Fisheries;
The provision for the Militia;

The Lighthouses, Shipwrecked Crews, Q,uarantine and
Marine Hospitals;

The Geological Survey;

The Penitentiary;

Efficient Steam Service for the conveyance of mails and
passengers, to be established and maintained between the
Island and the mainland of the Dominion, Winter and Summer,
thus placing the Island in continuous communication with the
Intercolonial Railway and the railway system of the Dominion;

’ ‘he maintenance of telegraphic communication between
the Island and the mainland of the Dominion;

And such other charges as may be incident to, and connected
with, the services which by the British North America Act,
1867, appcrtain to the General Government, and as are or
may be allowed to the other Provinces;

That the railways under contract and in course of con-
struction fer the Government of the Island, shall be the property
of Canada;

That the new building in which are held the Law Courts.
Registry Oflice, etc., shall be transferred to Canada, on the
payment of sixty-nine thousand dollars. The purchase to
include the land on which the building stands, and a suitable
Space of ground in addition, for yard room, etc;

That the Steam Dredge Boat in course of construction,
shall be taken by the Dominion, at a cost not exceeding twenty-
two thousand dollars;

That the Steam Ferry Boat owned by the Government of
thle Island, and used as such, shall remain the property of the
s and;

_ That the population of Prince Edward Island having been
increased by fifteen thousand or upwards since the year 1861,
the Island shall be represented in the House of Commons of
Canada by six Members; the representation to be readjusted,
from time to time, under the provisions of the British North
America Act, 1867;

165

166

Prince Edward Island.

,That the constitution of the Executive Authority and of
the Legislature of Prince Edward Island, shall, subject to the pro-
visions of the British North America Act, 1867, continue, as at
the time of the Union, until altered under the authority of the
said Act, and the House of Assembly of Prince Edward Island
existing at the date of the Union shall, unless sooner dissolved,
continue for the period for which it was elected;

That the provisions in the British North America Act,
1867, shall, except those parts thereof which are in terms made,
or by reasonable intonchnent, may be held to be especially
applicable to, and only to affect one and not the Whole of the
Provinces now composing the Dominion, and except so far as
the same may be varied by these resolutions, be applicable
to Prince Edward Island, in the same way and to the same
extent as they apply to the other Provinces of the Dominion,
and as if the Colonty of Prince Edward Island had been one
of the Provinces originally united by the said Act.

That the Union shall take place on such day as Her Majesty
may direct by Order in Council, o11 Addresses to that effect
from the House of Parliament of Canada and of the Legislature
of the Colony of Prince Edward Island, under the one hundred
and forty—sixth section of the British North America Act, 1867,
and that the Electoral Districts for which, the time within
which, and the laws and provisions under which, the first
Election of Members to serve in the House of Commons of
Canada for such Electoral Districts shall be held, shall be such
as the said Houses of the Legislature of the said Colony of
Prince Edward Island may specify in their said Addresses.

We, therefore, humbly pray that Your Majesty will be
graciously pleased, by and with the advice of Your Majcsty’s
Most Honourable Privy Council, under the provisions of the
one hundred and forty—sixth section of the British North
America Act, 1867, to admit Prince Edward Island into the
Union or Dominion of Canada, on the terms and conditions
hereinbefore set forth.

(Signed) JAMES Co’cKmmN,
Speaker.
House or CoMMoNs,
20th‘May, 1873.

The Queenfls Most Excellent Majesty.

Most (fiacious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the
§cnate ofthe Dominion of Canada in Parliament assembled,
humbly approach Your Majesty for the purpose of repre-
senting:~

That on the sixteenth day of May, instant, His Excellency
the Governor General transmitted for our information a copy
of the minutes of a Conference between a Committee of the

– Privy Council of Canada and certain Delegates from the Colony

of Prince Edward Island, ‘on the subject of the Union of the
said Colony with the Dominion of Canada, and of the Reso-
lutions adopted by them, as the basis of such Union, which are
in the following words, that is to say :—-

Prince Edward I sland.

{Here follows a statement of the conditions of Union as set
forth in the Address of the House of Commons, supra, pages 170,
171 and 172. )

The House of Commons having in the present Session of the
Parliament of the Dominion passed an Address to Your Majesty,
praying that Your Majesty would be graciously pleased, by and
with the advice of Your Most Honourable Privy Council,
under the provisions of the one hundred and forty-sixth section
of the British North America Act, 1867, to admit Prince Edward
Island into the Union or Dominion of Canada, on the terms
and conditions set forth in the above—mentioned Resolutions.

Wherefore, We, the Senate of Canada, fully concurring in
the terms and conditions expressed in the Address of the House
of Commons, humbly pray that Your Majesty will be pleased,
by and with the advice of Your Most Honourable Privy Council,
under the provisions of the one hundred and forty—sixth section
of the British North America Act, 1867, to admit Prince Edward
Island into the Dominion of Canada.

(Signed) I’. J. O. CHAUVEAU,
Speaker of the Senate.
THE SENATE, May 21, 1873.

To the Queen’s Most Excellent Majesty.

Most Gracious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the
Legislative Council of Prince Edward Island, in Parliament
assembled, humbly approach Your Majesty, and pray that
Your Majesty will be graciously pleased, by and with the
advice of Your Majesty’s Most Honourable Privy Council,
under the provisions of the one hundred and forty—sixth section
of the British North America Act, 1867, to admit Prince Edward
Island into the Union or Dominion of Canada, on the terms
and conditions expressed in certain Resolutions recently passed
by Houses of the Parliament of Canada, and also by the Houses
of the Legislature of Prince Edward Island, which said Reso-
tions are as follows:-——

(Here follows :1 statement of the condttwns of Union as set
forth in the Address of the House of Commons, supra.)

That for the first election of members to be returned by
this Island for the House of Commons of the Dominion of
Canada, this Island shall be divided into Electoral Districts
as follows:——That “Prince County” shall constitute one district
and return two members; that “Queen’s County” shall con-.
stitute one district, and return two members; that “King’s
County” shall constitute one district, and return two members;
that the first election of members to serve in the House of
Commons of Canada, shall take place within three calendar
months after this Island shall be admitted, and become part
of the Dominion of Canada; and we fuither humbly pray,
that all laws which at the date of the Order in Council. by
which the said Island of Prince Edward shall be admitted
into the Dominion of Canada, relating to the qualification of

167

168

Prince Edward Island.

any person to be elected to sit or vote as a member of the House
of Assembly of the said Island, and relating to the qualifications
or disqualifications of voters, and to the oaths to be taken
by voters, and to returning officers and poll clerks, and their
powers and duties, and relating to polling; divisions Within the
said Island, and relating to the proceedings at elections, and to
the period during which such election may be continued, and
relating to the trial of controverted elections and the proceedings
incident thereto, and relating to the vacating of seats of mem-
bers, and to the execution of new writs, in case of any seat
being vacated otherwise than by a dissolution, and all other
matters connected with or incidental to elections of members
to serve in the House of Assembly of the said Island, shall
apply to elections of members to serve in the House of Commons
for the Electoral Districts, situate in the said Island of Prince
Edward.
(Signed) DONALD MONTGOMERY,
Prcszdenl.

Commrrrnn Room, LEGISLATIVE COUNCIL,

May 28, 1873.

To the Queen’s Most Excellent Majesty.

M osl Gracious »S’overelgrL,

We, Your Majesty’s most dutiful and loyal subjects, the
House of Assembly of Prince Edward Island in Parliament
assembled, humbly approach Your Majesty, and pray that
Your Majesty will be graciously pleased, by and with the
advice of Your Majcsty’s Most Honourable Privy Council,
under the provisions of the one hundred and forty-sixth section
of the British North America Act, 1867, to admit Prince Edward
Island into the Union or Dominion of Canada, on the terms
and conditions expressed in certain Resolutions recently passed
by the Houses of the Parliament of Canada, and also by the
Houses of the Legislature of Prince Edward Island, which said
Resolutions are as follows:—

(Here follows a statement of the conditions of Urzizm as set
forth in the Address of the House of Commons, supra, and the
Address concludes with a paragraph identical with the last para-
graph of the Address of the Legislative Council of P-rinse Edward
I slaml, supra.)

(Signed) STANISLAUS F. PERRY,
Speaker.

House or ASSEMBLY,
May 28, 1873.

ORDER OF HER MAJESTY IN COUNCIL
ADMITTING ALL BRITISH TERRITORIES
AND POSSESSIONS IN NORTH AMERICA
AND ALL ISLANDS ADJACENT THERETO
INTO THE UNION (115)

At the Court at Osborne House, Isle of Wight, the -31st
day of July, 1880.

PRESENT Z

The Queen’s Most Excellent Majesty,
Lord President,
Lord‘Steward,

Lord Chamberlain.

WIIEREAS it is expedient that all British Territories and
Possessions in North America, and the Islands adjacent to such
Territories and Possessions which are not already included in
the Dominion of Canada, should (with the exception of the
Colony of Newfoundland and its dependencies) be annexed to
and form part of the said Dominion.

And whereas, the Senate and Commons of Canada in
Parliament assembled, have, in and by an Address, dated the
3rd day of May, -1878, represented to Her Majesty “That it
is desirable that the Parliament of Canada, on the transfer of
the before-mentioned Territories being completed, should have
authority to legislate for their future welfare and good govern-
ment, and the power to make all needful rules and regulations
respecting them, the same as in the case of the other territories
(of the Dominion); and that the Parliament of Canada ex—
pressed its willingness to assume the duties and obligations
consequent thereon :”

And whereas, Her Majesty is graciously pleased to accede
to the desire expressed in and by the said Address:

Now, therefore, it is hereby ordered and declared by Her
Majesty, by and with the advice of Her Most Honourable
Privy Council, as follows:~—

From and after the first day of September, 1880, all British
fI‘erritories and Possessions in North America, not already
included within the Dominion of Canada, and all Islands adja-
cent to any of such Territories or Possessions, shall (with the
exception of the Colony of Newfoundland and its dependencies)
become and be annexed to and form part of the said Dominion
Of Canada; and become and be subject to the laws for the time
being in force in the said Dominion, in so far as such laws may
be applicable thereto.

0. L. PEEL.

, 0”) It should be noticed that the Order in Council mentions “all British ’I:erri~
tones and Possessions in North America, not already included within the Dominion
fl} Caiiada, and all Islands adjacent to any of such Territories or Possessions” but

with the exception of the Colony of Newfoundland and its dependencies.”

169
18955——12

PART IV.
FEDERAL ACTS

RELATING TO THE FOR1\./IATION, ESTABLISHMENT,
BOUNDARIES, NATURAL RESOURCES, E’I‘C.,
OF THE PROVINCES.

I-71
1s95&.12;

TABLE OF CONTENTS OF
PART IV
ACTS OF CANADA

(Relating to Pramfncial M utters )

GENERAL

The North-West Territories Act of 1859 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Manitoba Act, 1870*” . . . . . . . . . . . . . . . . . . . . .
The Manitoba Su plemantary Provisions Act (RS. 1927 c. 124)
.The Alberta Act 1905). 1.

The Saskarchcwzm Act (1 1 .
The I’.E.l. Subsidy Act, 1912 .
The Provincial Subsidies Act (R. . , . ..
The Dominion—Prcvinciol Taxmion Agreement Act, .
The Mzu-itime Provinces additional Subsidies Act, 1942. . .. . .
The I)omi1>,ion Alberta Supplementary Taxation Agreement Ac , .
The Dominion Provincial Tax Rental Agreements Act, 1947 . . . . . . . . . . .

BOUNDARIES
The Ontario Boundaries Extension Act (1912) . . . l . . . , . . . . . . . . . . . . , . . . . . . . . . . . . 246
The Quebec Boundaries Extension Act, 1912 . . . . . . . . . . . , . . 248
The Quebec Boundaries Extension Act, 1912 amendment Act . 250
The Manitoba Boundaries Extension Act, 1912 . . . . . . . . , . . . 251
The Manitoba Boundaries Extension Act, 1930. . . 255
The All)erta.~Britisl1 Columbia Boundary Act, 1932 . . . . . , . . . . . . . . . . . . . . . . . . . . . . 257
NATUIEAL Rnsouncns
The Alberta. Natural Resources Act, 1930 . . . . . . . . 260
The Alberta Natural Resources Act, No. 2 (1931).. 270
The Natural Resources Transfer (Amendment) Act, 1941.. 272
The Alberta Natural Resources Transfer (Amendment) Act 1945 276
The Railivrty Belt and Peace River Block Act (1930) 286
The Manitoba Natural Resources Act (1930 . . . . . . 295
The Mzmitobu Natural Resources ’l‘rausfer Amend , 307
The Saslmtchewan Natural Resources Act (1930) . . . . . . . . . . . l . . . 311
The Saskatchewan Natural Resources Act, N 0. 2 (1931), 320
The Saskatchewan Natural Resources Act, No. 3 . . . . . . 322
The Refunds (Natural Resources) Act (1932) . . . . . . . . . . 325
The Natural Resources Transfer (Amoxidinent) Act, 193 326

MAHRIAGE AN!) Dxvoucu

The Marriage and Divorce Act. (R.S. 1927, c. 127) . . . . , . . . . . . . . . . . . . . . . . . . , . . . . 335

amendment of 1932 (chapter 10) . , . . . . 336
The Divorce Act (Ontario), 1930. . . . 337
The Divorce Ju.risdietion Act, 1930 . . . . . . . . . . . . . 338
The British Columbia Divorce Appeals Act (1937) . . l . . . . . . . . . . 339

‘See at page 184 “Memorandum on law in federal matters in Manitoba prior 60 1888” by
Mr. J. B. Coyne. K.C.

172

ACTS OF CANADA.
THE NORTHWEST TERRITORIES ACT.
32-33 VICTORIA CHAPTER 3.016) ‘

An Act for the temporary Government of Rupert’s Land
and the North-Western Territory when united with

Canada. \
[Assented to 29nd J um, 1869.]

VVHEREAS it is probable that Her Majesty the Queen may,
pursuant to “The British North America Act, 1867,” be pleased
to admit Rupert’s Land and the North-Western Territory into
the Union or Dominion of Canada, before the next Session of
the Canadian Parliament: And whereas it is expedient to
prepare for the transfer of the said Territories from the Local
Authorities to the Government of Canada, at the time appointed
by the Queen for such admission, and to make some temporary
provision for the Civil Government of such Territories until
more permanent arrangements can be made by the Government
and Legislature of Canada: Therefore Her Majesty, by and
with the advice and consent of the Senate and House of Com-
mons of Canada, enacts as follows:——

1. The said Territories when admitted as aforesaid, shall
he styledand known as “The North-West Territories.”

2. It shall be lawful for the Governor, by any Order or
Orders, to be by him from time to time made, with the advice
of the Privy Council, (and subject to such conditions and
restrictions as to him shall seem meet) to authorize and empower
such Officer as he may from time to time appoint as Lieutenant-
Governor of the North—West Territories, to make provision
for the administration of Justice therein, and generally to
make, ordain, and establish all such Laws, Institutions and
Ordinances as may be necessary for the Peace, Order and good
Government of Her Majesty’s subjects and others therein;
provided that all such Orders in Council, and all Laws and
Ordinances, so to be made as aforesaid, shall be laid before
both Houses of Parliament as soon as conveniently may be

Preamble.

Name of
territories.

Appointment
an

functions of
Lieutenant/—
Governor.

after the making and enactment thereof respectively.

0“) This Act was first extended and continued by section 36 of chapter 3 of the
Statutes of Canada, 1870 (33 Victoria, c. 3) (see page 187). Then these two
Acts were confirmed by the Imperial Act 34-35 Victciia, elmpter 28 (see supra at
I)» 71, section 5). Chapter 10 of the statutes of 1871 made provision for the govern-
ment of the North West Territories aiter the expiration of 32-33 Victoria, chapter 3.
The laws respecting the North West Territories were amended and consolidated by
chapter 40 of the statutes of 1875, “The Nort}x~Wesl Terrz’l<m‘es Act, 1875.” . The Act which is new in force is the Northwest Territories Act, chapter 142 of the Revised Statutes oi Canada’, 1027, as amended by chapter 38 of the statutes of 1938 and by chapter 36 of the stntutes of 1940. 173 174 Instructions tq . Lieutenant Governor. Appointment of Council to Lieutenant Governor. Existing laws to remain in force. Public oiiioers, etc” to retain )flico. Duration of this Act. The N orth-West Tem’ton‘es Act 3. The Lieutenant—G0vernor shall administer the Govern- in Council. (W) 4-. The Governor may, with the advice of the Privy Coun- cil, constitute and appoint, by Warrant under his Sign Manual, 9. Council of not exceeding fifteen nor less than seven persons, to aid the Lieutenant-Governor in the administration of affairs, with such powers as may be from time to time conferred upon them by Order in. Council. 5. All the Laws in force in Ruperifls Land and the North- Western Territory, at the time of their admission into the Union, shall, so far as they are consistent with “The British North America Act, 1867”,~with the terms and conditions of such admission approved of by the Queen under the 146th section thereof,——and with this Act,—~remain in force until altered by the Parliament of Canada, or by the Lieutenant- Governor under the authority of this Act.(‘“) 6. All Public Ofiieers and Functionaries holding oflice in Rupert’s Land and the North—Western Territory, at the time of their admission into the Union, excepting the Public Officer or Funetionary at the head of the administration of affairs, shall continue to be Public Officers and Functionaries of the North-West Territories with the same duties and powers as before, until otherwise ordered by the Lieutenant—Governor, under the authority of this Act. 7. This Act shall continue in force until the end of the next Session of Par1iament.(“°) (mg See 33 Victoria, chapter 3, section 6. (“’3 See Note gm), and also 34 Victoria, chapter 16 and 38 Victoria, chapter 49. (W) 521: Note us)_ ment under instructions from time to time given him by Order I eeeeeeeeeeeeeeeeeeeeeeeeeeeee W . THE MANITOBA ACT, 1870.02”) 33 VICTORIA, CHAPTER 3. An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Gov- ernment of the Province of Manitoba. , [Confirmed by Imperial Act 34 and 35 V., c. 28.] ~ [Assenied to 12th M ay, 1870] WHEREAS it is probable that Her Majesty The Queen Preamble. may, pursuant to the British North America Act, 1867, be pleased to admit Rupert’s Land and the North-Western Terri- tory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada. And whereas it is expedient to prepare for the transfer of the said Territories to the Government of Canada at the time appointed by the Queen for such admission: And whereas it is expedient also to provide for the organ~ ization of part of the said Territories as a Province, and for the establishment of a Government therefor, and to make provision for the Civil Government of the remaining part of the said Territories, not included within the limits of the Province: Therefore Her Majesty, by and with the advice and consent Iofnthc Senate and House of Commons of Canada, enacts as 0 ows:—— 1. On, from and after the day upon which the Queen, by Pzovincef/a and with the advice and consent of Her Majesty’s Most Honour— E3t“;§‘§,°%,, able Privy Council, under the authority of the 146th Section territory; ‘ of the British North America Act, 1867, shall, by Order in 27115” “”5095 Council in that behalf, admit Rupert’s Land and the North- ° mm a‘ Western Territory into the Union or Dominion of Canada, there shall be formed out of the same a Province, which shall be one of the Provinces of the Dominion of Canada, and which E“ 113“! and shall be called the Province of Manitoba, and be bounded mm mm‘ as follows: that is to say, commencing at the point where the meridian of ninety~six degrees west longitude from Greenwich intersects the parallel of forty—nine degrees north latitude,—— thence due West along the said parallel of forty-nine degrees north latitude (which forms a portion of the boundary line between the United States of America and the said North- Western Territory) to the meridian of ninety—nine degrees of (W) Manitoba, carved out of the North West Territories was the first of the new provinces to be established after Confederation. The Canadian Act of 1870 (Hbove) was passed in anticipation of the Imperial Order in Council (see Part III) admitting those territories. The Imperial Act of 1871 (see Part II) confirms the §a1nIagia:Aot. 8 See also section 146 of the B.N.A. Act, 1867, and Note (75), also the . . . ct, 18 (L 175 176 Certain pro~ visions of B. N. A. Act. 1867, to apply to Manitoba Representa- tion in the Senate. The M anitaba Act. west longitude,——thenco due north along the said meridian of ninety-n.ine degrees west longitude, to the intersection of the same with the parallel of fifty degrees and thirty minutes north latitudo,—thcnce due east along the said parallel of fifty degrees and thirty minutes north latitude to its intersection with the beforcmoentioncd meridian of ninety- ‘ degrees west longitude,- thenoe due south along the said me _ ian of ninety—six degrees west longitude to the place of beginning.(‘“) 2. On, from and after the said day on which the Order of the Queen in Council shall take efiect as aforesaid, the provisions of the British North America Act, 1867, shall, except those parts thereof which are in terms made, or,by reasonable intend- ment, may be held to be specially applicable to, or only to affect one or more, but not the Whole of the Provinces now conippsing the Dominion, and except so far as the same may be varied by this Act, be applicable to the Province of Manitoba, in the same way, and to the like extent as they apply to the several Provinces of Canada, and as if the Province of Manitoba had been one of the Provinces originally united by the said Act. 3. The said Province shall be represented in the Senate of Canada by two Members, until it shall have, according to (171) Repealed R.S.C. 1886, Sch. A. The boundunes as set out in this section have been dealt with from time to time by the following ensctments’— 08815344 Vict., c. 14 (Dunn); (1881) 44 Vict., c. 14 (Man.); (1912) 2 Geo. V, c. 32 ( mm); (1912) 2 Geo. V, c. 6 (Man); (1928) $1MU) c. 3 (Main); 1930 20-21 C-ea. V. c. 28 (Dom.>;1929 S«M., c. 4 (Mon): see also R.S.O.1937,c.3,Appen-
dix “B”; 1937 S.l\L, c. 5 (Ms.n.) see also S. Sask. 1937, e. 96.

_All the territory now known as Manitoba together with other territory, was
originally [stunted to “The Governor and Company of Adventurers of England
trading into the I-Iudson Bay” by charter of King Charles II diiteri 2nd May, 1670,
and therein was named “Rupert’s Land,” and by said charter authority was given
to said Governor and Company to make reasonable laws not inconsistent with those
of England for the good government of the said Company, its governors, fsctors,
masters. and other oflicors employed in any of the territory included in the said
charter. ’1‘he_laws so made were known as the laws of Assiniboia (see Consolidated
Statutes, Manitoba. 1880-81 . 1:. LI .

Ruport’s Land Act (1868) 31-32 Vict., c. 105 (Iinp.) was enacted enabling Her
Majesty to accept a surrender upon terms of the lands, privileges and rights of “The
Governor and Company of Adventurers of England trading into the Hudson Bay,”
and for admitting the same into the Dominion of Canada, and by an order of Her
Majesty in Council dated 23rd June, 1870, Rupert’s Land became part of Canada,
out of which Manitoba was formed by this Act

All powers, authorities and iui-isdiction oi the several courts of justice established
at the date of Ruperifs Land Act (31st May, 1868) and of the several oflicers thereof
and of all magistrates and justices then acting therein were by that Act continued
until the Parliament of Canada otherwise enacted.

By 34 Vict., c. 13 (Dom), ss. 1 to 6 (14th April, 1871). all enactments of the
Parliament of Canada passed in the first three sessions thereof relating genemlly
to all nroxfinccs of Canada were declared in force in Manitoba and all inconsistent
laws then in force therein were repealed.

By 34 Vict., c. 14 (,Dom.), s. 1 (lath April, 1871), certain criminal laws of Canada
therein set out were declared in force in Manitoba. and section 2 provided that the
“court known as the general court, now or hereafter existing in the Province of Mani-
toba and any court to be hereafter constituted by the Legislature of Manitoba and
having the powers now exercised by the general court” should have power to deter-
mine and try all criminal cases in Manitoba or in ‘f?he~’i.‘8l.‘l’.1t01‘1l3S.

_ The Supreme Court of Manitoba, now the Court of Kirig’s Bench, was cstsb~
lished by §.M. Vict., c. (3rd May, 1871), but was not organized and brought
into operation until the appointment of its first judge, Honourable Alexander Moms,
who took the oath of offico on August 14th, 1872. _

See article “The Rise of Law in Rupert’s Land,” Vol. 1, Western Lhw Times,

p. 49.

[The notes to this section are copied without change from the Revised Statutes
of lfanitriba, 1940, page 3705.]

It may be noted also that in 1912 part of the district of Keaivstin, immediately
north of the province, was added to Manitoba.

. I Q ..;-an

The Manitoba Act.

decennial census, a population of fifty thousand souls, and from
thenceforth it shall be represented therein by three Members,
until it shall have, according; tcdecennial census, 2. population
of sevcnty—five thousand souls, and from theneeforth it shall
be represented therein by four Members.(‘”)

4-. The said Province shall be represented, in the first
instance, in the House of Commons of Canada, by four Mem-
bers, and for that purpose shall be divided by proclamation
of the Governor General, into four Electoral Districts, each of
which shall be represented by one Member: Provided that on
the completion of the census in the year 1881, and of each
decennial census afterwards, the representation of the said
Province shall be re~adjusted according to the provisions of
the flfty—first section of thc_British North America Act, 1867.0“)

5. Until the Parliament of Canada otherwise provides, the
qualification of voters at Elections of Members of the House
of Commons shall be the same as for the Legislative Assembly
hereinafter mentioned: And no person shall be qualified to be
elected. or to sit and vote as a Member for any Electoral District,

unless he is a duly qualified voter within the said Pi°ovince.(‘“)

6. For the said Province there shall be an oflicer styled
the Lieutenant-Governor, appointed by the Governor General
in Council, by instrument under the Great Seal of Canada.

7. The Executive Council of the Province shall be com-
posed of such persons, and under such designations, as the
Lieutenai1t—Governor shall, from time to time, think tit; and,
in the first instance, of not more than five persons.

8. Unless and until the Executive Government of the
Province otherwise directs, the seat of Government of the
same shall be at Fort Garry, or within one mile thereof.

9. There shall be a Legislature for the Province, consisting
of the Lieutenant—Governor, and of two Houses styled respec-
tively, thc Legislative Council of Manitoba, and the Legislative
Assembly of Manitoba. (W)

10. The Legislative Council shall, in the first instance,
be composed of seven Members, and after the expiration of
four years from the time of the first appointment of such seven

(W) Repealed, R.S.C. 3886, sch. A, p. 2230. Replaced by s. lei e. 120$ the RS.
1886 which granted Manitoba three senators until it had apopulatioii 01 75,000, from
thcncefoi-tli Manitoba was to have four senators. This Act was repealedksee R.S.C.
1906, pi 2941. Manitoba, like the other three western provinces, has now six senators.
See supra, s. 1 of The British North America Act, 1915. [543 George V, charter 45-l

(W) Repealed, R.S.C. 1886, sch. A, p. 2280. If there had been in Representa-
tion Act in 1943, Manitoba would hevehud but fourteen members, which is three
less than it had hy the Represent.utioii Act, 1933. (Sec ante B.N.A. Apt, 1943, page

8). Representation in the House of Commons is governed by section 51 of ’lhe
British North America Act, 1867.

(174) R;ep<‘:aled, R.S. 1888, sch. A, p. 2280. _ _ (For present ualificatioiis of voters and members now fixed by “The Manitoba Election Act.”—. -22 R.S.M. 1940, c. 57.). [This note and those following in this Act are taken from R.S.M,, pp. 3708-3715.] {“5} The Legislative Council was abolished by the Provincial Legislature (S.lV£. _l876, see c. 28, s. 2). Therefore sections 9 to l3, both inclusive. of this Act are now inoperative. Representa- tion in the House of Commons. Qualifica- tion of voters and members. Licutenant~ Governor. Executive Council, Seat oi Government Legislature. Legislative Council. 178 Members and their appoint- ment, etc. Speaker. Quorum. Voting. Equality of votes. Legislative Assembly. Quorum. Electoral Division. Qualifica- tion of voters. Special.- for first election only. The Manitoba Aotf Members, may be increased to not more than twelve Members. Every Member of the Legislative Council shall be appointed by the Lieutenant-Governor in the Queen’s name, by Instrument under the Great Seal of Manitoba, and shall hold oflice for the term of his life, unless and until the Legislature of Manitoba otherwise provides under the British North America Act, 1867. 11. The Lieutenant-Governor may, from time to time, by Instrument under the Great_ Seal,‘ appoint a Member of “the Legislative Council to be Speaker thereof, and may remove him and appoint another in his stead. 12. Until the Legislature of the Province otherwise provides, the presence of a majority of the whole number of the Legislative Council, including the Speaker, shall be necessary to constitute a meeting for the exercise of its powers. 13. Questions arising in the Legislative Council shall be decided by a majority of voices, and the Speaker shall, in all cases, have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 14. The Legislative Assembly shall be composed of twcnty~four Members, to be elected to represent the Electoral Divisions into which the said Province may be divided by the Lieutenant—Governor, as hereinafter mentioned. (1%) 15. The presence of a majority of the Members of the Legislative Assembly 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.(”7) 16. The Lieutenant Governor shall (within six months of the date of the Order of Her Majesty in Council, admitting Rupert’s Land and the North—Western Territory into the Union), by Proclamation under the Great Seal, divide the said Province into twenty—four Electoral Divisions, due regard being had to existing Local Divisions and popu1ation.(1”) 17. Every male person shall be entitled to vote for a Member to serve in the Legislative Assembly for any Electoral Division, who is qualified as follows, that is to say:- (1) Of the full age of twenty~one years, and not subject to any legal incapacity; (2) A subject of Her Majesty by birth or naturalization; (3) And a bond ficle householder Within the Electoral Division, at the date of the Writ of Election for the same, and has been a band fide householder for one year next before the said date; or, (4) If, being of the full age of twenty-one years, and not subject to any legal incapacity, and a subject of Her (W) The Legislative Assembly is now composed of fifty-five members.——See “The Legislative Assembly Act,” R.S.M. 1940, c. 110. (m) A quorum is now fixed at ten members of whorliigche Speaker may be one.——‘ S56 “The Legislative Assembly Act,” R.3.M.19é0. G. . _ (W) The electoral divisions new number 2’orty~six.—See “The Electoral Divi- sions Act,” R.S.M. 1940, c. 58. The Manitoba Act. 179 Majesty by birth or naturalization, he Was, at any time Within twelve months prior to the passing of this Act, and (though in the interim temporarily absent) is at the time of such election a bond fide householder, and was resident within the Electoral Divisicn at the date of the Writ of Election for the same: But this fourth subsection shall apply only to the first election Proviso. to be held under this Act for Members to serve in the Legislative Assembly aforesaid.(‘”) 18. For the first election of Members to serve in the Proceedings Legislative Assembly, and until the Legislature of the Province otherwise provides, the Lieutenant-Governor shall cause writs ).ow’reg({_ to be issued, by such person, in such form, and addressed to Wed- such Returning Officers as he thinks fit ; and for the first election, and until the Legislature of the Province otherwise provides, the Lieutenant—Governor shall, by Proclamation, prescribe and declare the oaths to be taken by voters, the powers and duties of Returning and Deputy Returning Officers, the proceedings to be observed at such election, and the period during which such election may be continued, and such other provisions in respect to such first election as he may think fit.(13°) 19. Every Legislative Assembly shall continue for four Duration of years from the date of the return of the writs for returning the }{°€5e‘j}fb‘,‘V° same (subject nevertheless to being sooner dissolved by the S’ y‘ Lieutenant—Governor), and no longer; and the first Session thereof shall be called at such time as the Lieutenant—C-‘rovernor shall appoint. O3‘) 20. There shall be a Session of the Legislature once at [S9S3i°“5et least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session. 2].. The following provisions of the British North America Certain pm- Aet, 1867, respecting the House of Commons of Canada shall ’§“‘Z{}“‘jf‘ extend and apply to the Legislative Assembly, that is to say:- Air, 1867, be Provisions relating to the election of a Speaker, originally, and ’=PP1Y- on vacancies,~——the duties of the Speaker;-——the absence of the Speaker and the mode of voting, as if those provisions were here rc-enacted and made applicable in terms to the Legislative Assembly. 22. In and for the Province, the said Legislature may ex- Legiaiatioxx clusively make Laws in relation to Education, subject and §gKg13;‘s‘F§ub_ according to the following provisions :— ject to cer- _ (1) Nothing in any such Law shall prejudically affect any right or privilege with respect to Denominational Schools which any class of persons have by Law or practice in the Prov- ‘ ince at the Union: (“‘7) The qualifications of voters are new fixed by “The Manitoba Election Act.” R.S.M. 1940. c. 57. (W?) The mode of conducting elections in now fixed by “The Manitoba Election Act,” 1?..S.M. 1940, c. 57. (W) See now for duration of Assembly, R.S.M. 1040, e. 116. 180 Power reserved to Parliament. English and French languages to used. – Interest ‘ allowed to the Province on a certain amount of the debt of Canada. Subsidy to the Province for support Govern- ment, and in proportion to its population. ‘ Canada ESSIHIIGS certain ex- penses. The Manitoba Act. (2) An appeal shall lie to the Governor General in Council fromany Act or decision of the Legislature of the Province, or of any Provincial Authority, atiecting any right or privilege of the Protestant or Roman Catholic minority of the Queen’s subjects in relation to Education: (3) 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 or 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. 23. Either the English or the French language may be used by any person in the debates of the Houses of the Legis~ lature, and both those languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legis- lature shall be printed and published in both those languages.(‘“) 24. Inasmuch as the Province is not in debt, the said Province shall be entitled to pc paid, and to receive from the Government of Canada, by half—yearly payments in advance, interest at the rate. of five per centum per annum on the sum of four hundred and seventy—tWo thousand and ninety dollars.(‘”) 25. The sum of thirty thousand dollars shall” be paid yearly by Canada to the Province, for the support of its Govern- ment and Legislature, and an annual grant, in aid of the said Province, shall be made, equal to eighty cents per head of the population, estimated at seventeen thousand souls; and such grant of eighty cents per head shall be augmented in proportion to the increase of population, as may be shown by the census and shall be taken thereof in the year one thousand eight hundred and eighty~one, and by each subsequent decennial census, until its population amounts to four hundred thousand souls, at which amount such grant shall remain thereafter, and such sum shall be in full settlement of all future demands on Canada, and shall be paid half-yearly, in advance, to the said Province.(“‘) – ‘ 26. Canada will assume and defray the charges for the following services :—~ 1. Salary of the Licutenant—Governor. (W) By Act of the Provincial Legislature, so far as that Legislature huajuris~- diction to enact, the English language alone is to be used in the records and journals of the Legislative Assembly, and in the pleadings and process of the courts. See R.S.M. 1940, c. 152. Em) Superseded by 2 Geo. V, c. 32, 8. 4 (Statutes of Canada). 13‘) Repealed, R.S.G.1886, sch. A, p. 2280. See now IB.N.A. Act (1907), c. 11,, s. 1 and notes to s. 118 of the B.N’.A. Act, 1867. The M a//Lttoba Act. 2. Salaries and allowances of the Judges of the Superior and District or County Courts. Charges in respect of the Department of the Customs. Postal Department. Protection of Fisheries. Militia. Geological Survey. . The Penitentiary. . And such further charges as may be incident to, and connected with the services which, by the British North America Act, 1867, appertain to the General Government, and as are or may be allowed to the other Provinces. ©°°>‘.°°f”‘!“.°“‘

27. The Customs duties now by Law chargeable in
Rupert’s Land, shall be continued without increase for the
period of three years from and after the passing of this Act,

‘ and the proceeds of such duties shall form part of the Consoli~

dated Revenue Fund of Canada.(‘3″’)

28. Such provisions of the Customs Laws of Canada
(other than such as prescribe the rate of duties payable) as
may be from time to time declared by the Governor General
in Council to apply to the Province of Manitoba, shall be
applicable thereto, and in force therein accordingly.(‘3“)

29. Such provisions of the Laws of Canada respecting; the
Inland Revenue, including those fixing the amount of duties,
as may be from time to time declared by the Governor General
in Council applicable to the said Province, shall apply thereto,
and be in force therein accordingly.(”7)

30. All ungranted or waste lands in the Province shall be,
from and after the date of the said transfer, vested in the Crown,
and administered by the Government of Canada for the purposes
of the Dominion, subject to, and except and so far as the same
may be affected by, the conditions and stipulations contained
in the agreement for the surrender of Rupert’s Land by the
I-Iudson’s Bay Company to Her M-ajesty.(139)

31. And whereas, it is expedient, towards the extinguish-
ment of the Indian Title to the lands in the Province, to appro-
priate a portion of such ungranted lands, to the extent of one
million four hundred thousand acres thereof, for the benefit
of the families of the half—breed residents, it is hereby enacted,
that, under regulations to be from time to time made by the
Governor General in Council, the Lieutenant—Governor shall
select such lots or tracts in such parts of the Province as he

General pro~
vision.

Custoins
duties.

Customs
laws.

Inland
Revenue
laws and
duties.

Ungrimted
lands vested
in the Crown
for Do—
minion pur-
poses.

Provisions as
to Indian
title.

Grant for V
half-breeds.

may deem expedient, to the extent aforesaid, and divide the
same among the children of the half-breed heads of families

(W5) Repealed, 11.8.0. 188‘), sch. A, p, 2280.
(H6) Repealed, R.S.C. 1886, sch. A, 17. 2280.
(W) Repealed, R.S.C. 1886, sch. A, p. 2280.

(W) Repealed, R.S.C. 1885, sch. A. :2. 2280.
‘Replaced by R.S.C. 1886, c. -17, s. 3. which also has been repealed. See R.S.C.

1900, p. 2941.
For the allowance in lieu oi lands see, now, 2 Geo. V, e. 32 (D).

182

uieting
titles.

Grants by
H. B. Com-
puny.

The same.

Titles by
occupancy
with per-
mission .

By pcncenbla
possession.

Lieut.-
Govcrnor to
make pro-

. Visions un~

der Order in
Council.

Governor in
Co uncxl D0
appoint
form , etc. .
of grants.

Rights of
H. B. Com-
pany not
affected.

Liens.-
Governor

to govern

N. W. Terri—
to:-y for
Cannda.

The Manitoba Act.

residing in the Province at the time of the said transfer to Can-
ada, and the same shall be granted to the said children respec-
tively, in such mode and on such conditions as to settlement
and otherwise, as the Governor General in Council may from
time to time determine. (139)

32. For the quieting of titles, and assuring to the settlers.
in the Province the peaccable possession of the lands now held
by them, it is enacted as follows:—

1. All grants of land in freehold made by the Hudson’s
Bay Company up to the eighth day of March, in the year 1869,
shall, if required by the owner, be confirmed by grant from the

TOWN.

2. All grants of estates less than freehold in land made by
the Hudson’s Bay Company up to the eighth day of March
aforesaid, shall, if required by the owner, be converted into
an estate in freehold by grant from the rown.

3. All titles by occupancy with the sanction and under the
license and authority of the Hudson’s Bay Company up to the
eighth day of March aforesaid, of land in that part of the
Province in which the Indian Title has been extinguished,
shall, if required by the owner, be converted into an estate in
freehold by grant from the Crown.

4. All persons in peaccable possession of tracts of land at
the time of the transfer to Canada, in those parts of the Province
in which the Indian Title has not been extinguished, shall have
the right of pre-ernption of the same, on such terms and con-
ditions as may be determined by the Governor in Council.

5. The Lieu‘tcnant—Govern‘or is hereby authorized, under
regulations to be made from time to time by the Governor
General in Council, to make all such provisions for ascertaining
and adjusting, on fair and equitable terms, the rights of Common,
and rights of cutting Hay held and enjoyed by the settlers in
the Province, and for the commutation of the same by grants
of land from the Crown.(‘‘‘‘’)

33. The Governor General in Council shall from time to
time settle, and appoint the mode and form of Grants of Land
from the Crown, and any Order in Council for that purpose
when published in the Canada Gazette, shall have the same force
and eifcct as if it were a portion of this Act.(1“)

34. Nothing in this Act shall in any way prejudice or
aflect the rights or properties of the Hudson’s Bay Company,
as contained in the conditions under which that Company
surrendered Rupert’s Land to Her Majesty. (147)

35. And with respect to such portion of Rupe1t’s Land
and the North—Western Territory, as is not included in the
Province of Manitoba, it is hereby enacted, that the Lieutenant-

(W) Repealed, R.S.C. 1883, sch. A, p. 2280.

(W) Repealed, R.S.C. 1888. sch, A, p. 2280.

Provisions of this section, except s.-s. 5, embodied in R.S.C. 1906. c. 99, ss. 21. 22.
(mg Repealed. R.S.C. 1886. sch. A. p. 2280.

(W Repealed, R.S.C. 1886. sch. A, 1:. 2280.

—-—.~.‘._,\MH , , K.

The Manitoba Act.

Governor of the said Province shall be appointed, by Com-
mission under the Great Seal of Canada, to be the Lieutenant-
Governor of the same, under the name of the North-West
Territories, and subject to the provisions of the Act in the
next section mentioned. (W) _

36. Except as hereinbefore is enacted and provided, the
Act of the Parliament of Canada, passed in the now last Session
thereof, and entitled “An Act for the Temporary Government
of Rupe1t’s Land, and the North—Western Territory when
united with Canada,” is hereby re—enaeted, extended and con-
tinued in force until the first day of January, 1871, and until
the end of the Session of Parliament then next succceding.(”‘)

(W) Repealed, 38 V.. e. 39. s. 7(i.
(‘“) Repealed, R.S.C. 1886. sch. A, p. 2280.

Act 32 and
33 V ., e. 3,
extended and
continued.

MEMORANDUM ON LAW IN FEDERAL MATTERS
IN MANITOBA PRIOR TO 1888

(by Mr. J. B. Coync, K.C. of the Bar of Manitoba.)

Whcn Rupertsland and the North West Territories were
admitted into Canada the Parliament of Canada was given
power to make laws for the area so admitted (sec. 5, Imp. Act,
p. 69). By the North West Territories Act, 1869, the Cana-
dian Parliament continued all laws then in eliect so far as con-
sistent with the B.N.A. Act, etc. (sec. 5, p. 178). The Mani~
toba Act (p. 171) contained no specific provision continuing
these laws but by that Act all provisions of the B.N.A. Act
applicable to all the uniting provinces were made applicable to
Manitoba (sec. 2, p. 180). By sec. 129 of the B.N.A. Act all
laws of the uniting provinces at the time of the Union were
continued in oflcct. These provisions were interpreted as
meaning that the laws of the area embraced in Manitoba as
they stood on July 15th, 1870, the date of Manitoba’s entry
into the Union, continued in Manitoba.

The further question was what laws were in effect on July
15th, .1870, in the area embraced in Manitoba.

The law of England as of 1670, the date of the Charter of
the I-Iudson’s Bay Company, prevailed from the Con1pany’s
inception in its Territory. But by the Charter and the action
of the Company thereunder, the Council of Assiniboia had
power to make laws for the Territory. In 1862 the Council
enacted that “In place of the laws of England as of the date
of the Hudson’s Bay Company’s Charter, the laws of England
of Her Majesty’s accession, so far as they may be applicable
to the colony, shall regulate the proceedings of the General
Court of Assiniboia”. On January 7th, 1864, this was amended
to embrace English laws as of the latter date.

Two cases in the King’s Bench of Manitoba, one by the
full Court of King’s Bench and the other by Taylor, J ., held
that the English law as it stood on January 7th, 1864:, was the
law of Assiniboia.

But in December, 1887, in Sinclair v. Mulligan, 5 M.R. 17,

* a different view was expressed in the Full Court of Manitoba,

although this was clearly unnecessary for the decision of the
case. The trial judge, Killam .l., gave his opinion that only
the law of England relating to practice and procedure was intro-
duced in 1862 and 1864 into the law of Assiniboia and conse-
quently that the English law of 1670 was the substantive law
in Rupertsland and the North West Territories at the time of
their becoming part of Canada, and therefore in Manitoba.
Taylor, C. J., agreed, although Dubuc, .J., the other judge
sitting with him in the Full Court, doubted.

184

185

The Legislature of Manitoba had enacted that the laws of
England as of the 15th July, 1870, so far as the same can be
made applicable to Manitoba, should be the law of Manitoba
in all matters within the jurisdiction of the legislature. (See
statutes of 1.874, 38 Vie., 0. 12.5.1).

In View of the uncertainty caused by Sinclair v. Mulligan
in regard to the law governing matters within the legislative
jurisdiction of the Dominion, Parliament passed the Act of
51 Vie., Chapter 53, comprising what is new See. 4 of the Mani-
toba Supplementary Provision Act, making the law of England
as of July 15th, 1870, applicable in all matters within the juris~
diction of the Parliament of Canada‘ (See: Walker v. Walker,
1918, 2 W.W.R. 233, 28 M.R. 495, Court of Appeal; 1919,
2 W.R. 935, A.C. 947, 88 L1‘T4PICA 156.) Thereby English law
of that date so far as it could be applied to conditions in Mani-
toba, became the law of Manitoba in both fields, provincial and

federal.

Short title.

Definitions.

“_Commis-
sioners.”

“Minister. ”

“Province.”

Allotment
of 150,000
acres for a
university .

Laws _in
force in
Manitoba .

THE MANITOBA SUPPLEMENTARY
PROVISIONS ACT.

R.S., 1927, CHAPTER 124.

An Act respecting the Province of Manitoba.(“5)

SHORT TLTLE.

1. This Act may be cited as the Manitoba Supplementary
Provisions Act. R.S., c. 99, S. 1.

IN’1‘ERPl‘tETATI ON.

2. In this Act, unless the context otherwise requires,

(a) “commissioners” includes the commissioner in cases
in which the commission is issued to one person only,
‘ (b)

“Minister” means the Minister of the Interior,‘
(6)

“ProVince” means the province of Manitoba.
c. 99, s. 2.

Rs,

PART I.
GENERAL.

3. An allotment of land, not exceeding one liundred and
fifty thousand acres, of fair average quality, shall be selected
by the Dominion Government and granted as an endowment
to the University of Manitoba for its maintenance as a university
capable of giving proper training in the higher branches of
education, and to be held in trust for that purpose upon some
basis or scheme to be framed by the University and approved
by the Dominion Government. R.S., c. 99, s. 4.

4.-. Subject to the provisions of this Act. the laws of Eng-
land relating to matters within the jurisdiction of the Parliament
of Canada, as the same existed on the fifteenth day of July,
one thousand eight hundred and seventy, were from the said
day and are in force in the Province, in so far as applicable
to the Province, and in so far as the said laws have not been
or are not hereafter repealed, altered, varied. modified or affected
by any Act of the Parliament of Great Britain applicable to
the Province, or of the Parliament of Canada. RS., c. 99, s. 6.

(146) This Act is 9. consolidation of the following Acts:—
38 V., c. 53 (Land Claims in Manitoba), 1575. ‘
39 V., c. 20 (Roads and Road Allowances in Manitoba), 1876.
44 V., c. 1-! (Boundaries of Manitoba. extension), 1881.
51 V . e. 33 (Application of certain laws to Manitoba), 1888.

5&5‘? V., c 30 (Roads and Road Allowances in Manitoba), 1895.

The Manitoba Le%islsturc had introduced English law as of July 15th, 1870 in
respect of matters wit iin the jurisdiction of the Legislature “so far as the Slime can
he made applicable” to such matters in the Province.

A decision of the Manitoba Court in December, 1887 left some uncertainty
whether English law as of 1670 or 1864 was the law applicable in the ares. of that
province before the Union and therefore uncertainty as to the English law applicable
in Manitoba, in respect of matters within the jurisdiction of the Parliament of Canada.
Parliament responded in 1888 by passing soc. 4above. (Sea Walker v. Walker, 1918,
2 W.W.R. 233, 28 M.R. 495 (Court of Appeal); 1919, 2 W.W.R. 935, AC. 947, 88
LJ P C. 156). See also: Memorandum on page 184.

186

Manitoba Supplementary Provisions.

PART II.
ROADS AND moan ALLOWANCES.

5. All road allowances in townships surveyed and sub-
divided, and all road allowances set out on base and meridian

187

Certain road

allowances

the property
it 5

lines surveyed, in the Province shall be vested in the Crown 0,. h

in the right of the Province; and it is hereby declared that all
road allowances in townships heretofore surveyed and sub-
divided, and all road allowances set out on base and meridian
lines heretofore surveyed in the Province, shall be deemed
to have become the property of the Crown in the right of the
Province upon the confirmation of the survey. R.S., c. 99, s. 7.

6. On the survey and subdivision of any township within
the Province, and the approval of such survey and subdivision
of any township, the fact shall be notified to the Lieutenant-
Govcrnor by the Minister, and by virtue of such notification
all section road allowances in such township shall become the
property of the Province. R.S., c. 99, s. 8.

‘7. On the Government of Canada receiving notice from
the Government of the Province of the particular thoroughfares
or public travelled roads or trails in the Province which existed
as such on the fifteenth day of July, one thousand eight hundred
and seventy, and which the Government of the Province desires
to have transferred to the Province, the Governor in Council
may pass an order directing the same to be forthwith surveyed
by a Dominion land surveyor, and thereafter may transfer
each such thoroughfare, public travelled road or trail, according
to the plan and description thereof, to the Province, subject
to any rights acquired under patents for any lands crossed
thereby, issued previously to the receipt of such notice: Provided
that except those public thoroughfares in the Province which
are designated as great highways by the first section of the Act
of the legislature of Manitoba, passed in the year one thousand
eight hundred and seventy—one, chapter thirteen, the width of
which shall be two chains, no such thoroughfare, public travelled
road or trail as hereinbefore mentioned, transferred to the
Province, shall be held to have a greater width than one and
one~half chains, or ninety—nine feet. R.S., c. 99, s. 9.

S. The Minister shall cause roads to be laid out, in the
survey of the outer two miles, known as the hay privilege,
grantedor proposed to be granted to the owners of the front
lots in the old parishes, as follows:—-

(zz) A road one chain and fifty links wide in rear of the
farms fronting on the Red and Assiniboine rivers, and
between the said farms and the corresponding lots in
the outer two miles or hay privilege before mentioned;

(12) A road one chain and fifty links wide in rear of the
lots contained in the outer two miles or hay privilege
before mentioned, and between them and the sections,
or legal subdivisions thereof, bounding the same, except

Province.

Section

road
allowances
in townships
belong

to the
Province.

Roads
existing on
15th J uly,
1870, may

be trans-
ferred to

the Province.

Roads in
the outer
two miles.

In rem‘ nnd
between
certain
farms.

Between
the outer
two miles
and sections
bounding.
thereon.

188

B etsyeen
lots in
outer two
miles.

Where to
bu laid out.

Qompeiisar
tion {or
lands.

Transfer
liy Governor
in Council.

Land vested
Ill Province.

Read not to
he closed or
altered
without
consent

of Governor
in Council.

Opening of
colonization
roads.

Manitoba Supplementary Provisions.

in cases where the said rear boundary of the said
lots proves to be a regular section line in the town-
ship survey,‘

(6) Roads, each one chain in width, at convenient dis-
tances, say every two miles or thcreabouts, between
lots in the said outer two miles, and running from the
front to the rear thereof.

2. The roads provided for in the last foregoing paragraph
shall be laid out between such lots as the Minister indicates
with that view, and shall be taken half off each of such lots,
or the whole width off one of such lots, in the discretion of
the Minister.

3. The persons to whom such lots have been granted, or
to whom it is proposed to grant such lots, may be compensated
by the Minister for the quantity of land respectively contrib-
uted by them to any such road, by the issue of land scrip to
them at the rate of one dollar and fifty coins for each acre of
land so contributed. R.S., c. 99, s. 10.

_ _9. The Governor in Council may, on the report of the
Minister, transfer to the Crown in the right of the Province

(a) the several roads provided for by the last preceding
section;

(b) all road allowances around, adjoining, or leading to
park lots or portions of sections within the outer two
miles of any parish in the Province, as such road
allowances are shown on the plan of the Dominion
Government survey of such outer two miles;

(0) all road allowances between lots in the inner two
miles of any parish in the Province, as such road
allowances are shown on the plan of the Dominion
Government survey of such inner two miles. R.Si,
c. 99, s. 11.

10. The unpatcnted land forming part of any road trans-
ferred to the Crown in the right of the Province by or under
this Part, or declared by this Part to he the property of the
Crown in the right of the Province shall be vested in the Crown
as aforesaid.

2. No such road shall he closed up or its direction varied,
or any part of the land occupied by it sold or otherwise alienated,
without the consent of the Governor in Council: Provided
that in the case of any such road situate within the limits
of an organized municipality within the Province the consent
of the Lieutenant—Gcvernor in Council shall alone be necessary.
R.S., c. 99, s. 12.

11. The Lieu‘cenant—Governor of Manitoba in Council
may at any time, with the consent of the Governor in Council,
where it is deemed advisable to do so for the purposes of settle-
ment and colonization, direct roads to be opened through any
unpatented lands, whether occupied or not, and whether such
lands have been homesteadcd, pre—cmpted, set apart or reserved
for the benefit or use of any person; and the Governor in Council

Manitoba Supplementary Provisions.

may thereafter, on the report of the Minister, transfer such
roads to the Crown in the right of the Province. 11.8., c. 99,
s. 13.

12. Until the survey and transfer to the Crown in the
right of the Province of any road, road allowance, trail, highway
or great highway, the Attorney General of Manitoba may take
such proceedings as are necessary to keep open any road, trail,
road allowance, highway or great highway heretofore used or
opened. R.S., c. 99, s. 14.

13. Except as liereinafter provided, upon the transfer to
the Crown in the right of the Province of any road, trail, road
allowance, highway or great highway, under this Part, the
boundaries and lines thereof, as shown on the plan of the
Dominion Government survey thereof, shall tlieieafter be the
true boundaries and lines. until varied under the provisions of
this Part. R,.S., c. 99, S. 15

14-. All roads, trails, road allowances, highways or great
highways of any of the classes referred to in this Part, which
are shown on any sectional plan of the city of Winnipeg which
has been prepared and confirmed by the Lieutenant-Governor
of Manitoba in Council under chapter one hundred and forty-
two of the Revised Statutes of Manitoba 1891, are hereby
transferred to and vested in the Crown in the right of the
Province. .

2. The boundaries and lines of all such roads, trails, road
zillowances, higliways and great highways, as such boundaries
and lines are shown on any such sectional plan, are hereby
declared to be the true boundaries thereof, Whether or not
they are the true boundaries and lines according to any
Dominion Government survey thereof. R.S., c. 99, s. 16.

15. The Governor in Council may, on the report of the
lV.[iiiistcr, transfer to the Crown in the right of the Province all
such roads, trails, road allowances, highways and great highways

as are referred to in the last preceding section, and which are be

shown on any sectional plan of the city of Winnipeg prepared
and confirmed by the Lieutenant-Governor of Manitoba in
Council under chapter one hundred and forty-two of the Revised
Statutes of Manitoba 1891.

2. The Governor in Council may declare the boundaries
and lines of any such roads, trails, road allowances, highways
and great highways, as such boundaries and lines are shown on
any such sectional plan, to be the true boundaries and lines,
Whether or not they are the true boundaries and lines according
to any Dominion Government survey thereof. RS” 0. 99, s. 17.

16. Upon the transfer to the Crown in the right of the
Province taking place under either of the last two preceding
sections, all roads, trails, road allowances, highways and great
highways provided for by this Part, within the limits covered
by any such sectional plan, exce t such roads, trails, road
allowances, highways and great big iways as are shown on such
sectional plans, shall be and remain closed. R.S., c. 99, s. 18.

189

Keeping
open road 3
heretofore
opened .

Boundaries
of roads
transferred .

Certain
roads in
Winnipeg
transferred
to the
Province.

Boundaries
of such
roads.

Certaiii
other roads
in Winnipeg
may be
transferred
the
Province.

Declaration
as to _
boundaries.

Certain
roads to he
closed .

190

Plan marked
7:: in the
Land Titles
Exec
approved.

Boundaries
confirmed.

Saving.

Grants
confirmed,

Persons in
Doesession.

Entitled to
grant‘

Time for
claims
limited.

Manitoba Supplementary Provisions.

17. The sectional plan numbered 701, filed in the Land
Titles Office of the district of Winnipeg, on the ’owenty—sevcnth
day of June, one thousand eight hundred and ninety—ninc, as
number five hundred and fifty-nine, is approved, and the
boundaries and lines of all roads, trails, road allowances, high-
ways and great highways, as such boundaries and lines are
shown on the said plan, are hereby declared to be the true
boundaries thereof, whether or not they are the true boundaries
and lines according to any Dominion Government survey
thereof. R.S., e. 99, s. 19.

18. Nothing in this Part shall affect

(a) any right claimed or set up in any action or proceeding
pending in any court of competent jurisdiction on
the twcnty—second day of July, one thousand eight
hundred and ninety-flvc, or any right theretofore
adjudicated upon in an action or proceeding in any
such court; or

sectional plan number seven of the city of Winnipeg,
or any road, trail, road allowance, highway, or great
highway shown on that plan, or any original trail,
road allowance, highway or great highway within the
area shown thereon. R.S., e. 99, s. 20.

(19)

PART III.
THE QUIETING or TITLES.

19. If required by the owner, any grant of an estate
in land in the Province by the Hudson’s Bay Company, up
to the eighth day of March, one thousand eight hundred and
sixty-nine, shall, if such grant is of an estate less than freehold,
be converted by grant from the Crown into an estate in freehold,
and, if the grant is of an estate in freehold, it shall be in like
manner confirmed. R.S., c. 99, s. 21.

20. Every person who satisfactorily establishes that he,
by himself or his servant, tenant or agent, was, or, that those
through whom he claims, by themselves, their servants, tenants
or agents, were in undisturbed occupancy and in actual pcaecable
possession of any lands Within the Province, on the fifteenth
day of July, one thousand eight hundred and seventy, and who
made application for letters patent therefor before the first
day of May, one thousand eight hundred and eighty—six, shall
be entitled to receive such letters patent granting the said
land absolutely to him in fee simple: Provided that any such
claim to a grant from the Crown is barred as fully and effectually
as if it had not been made, if the claimant in respect thereof
did not establish his claim before the first day of November,
one thousand eight hundred and eighty—six, or, if the claim
had not before the last mentioned date been referred to the
Commissioners under the following provisions of this Part.
11.8., c. 99, s. 22.

Manitoba Supplementary Provisions.

21: The Governor in Council may, from time to time,
issue a commission under the Great Seal, to such person or
persons as he sees fit, empowering him or them, or a majority
of them, to investigate such cases as are referred to them by
the Minister in respect of

(a) all such cases as arise under the provisions of this
Act respecting grants made by the I-Iudson’s Bay
Company;
all cases of adverse or conflicting claims between
different persons to lands mentioned in the last pre-
ceding section, in respect of which also it has been
previously established to the satisfaction of the Min~
ister that there has been undisturbed occupancy, as
required in the said hection;
and to report the evidence in respect of such claims, and who
is theperson to whom, in their opinion, the patent ought to
issue for the lands to which the claims respectively relate.
R.S., c. 99, s. 23.

(1?)

22. The commissioners may, from time to time, make

and establish such rules and forms, with regard to any pro— b

ceedings to be had before them, and to such notices, papers
and other documents as are required in the conduct of such
proceedings, as to them appear expedient for the better attain
merit of the purposes of justice. R.S., c. 99, s. 24.

23. The sittings of the commissioners shall be held at

the place of the sittings of the county court in each county

court division of the Province, and the time and place of such
sittings, together with a list of claims to be heard before them,
shall be advertised by the commissioners, for a period of three
months, in some newspaper in the Province, and they shall
give such other notice of the time and place of such sitting as
will best tend to inform persons interested in the same. R.S.,
c. 99, s. 25.

24. A list of all lands to which this Part applies, or is
believed to apply, shall, from time to time, as is necessary,
be prepared by the Surveyor General of Dominion lands; and
such list shall specify the name or names of the person or persons
in possession, together with the number of the section, part of
section, range and number of township of which the land consists
or forms part, or_sorne other adequate description thereof, and
of the township or place in which the same lies.

2. Copies of such list shall be put up in some conspicuous
place in the oflice of each of the county courts of the Province,
and in the office of the registrar of each registration and land
titles district in the Province, during at least three months
before the claim comes to be heard before the commissioners.

3. No claims shall be heard by the commissioners unless
a certificate of compliance with the provisions of this section
from the clerk of such court and from such registrar, is produced
to the commissioners.

4. For each such certificate the clerk of the county court
and such registrar may each demand and receive the sum of
fifty cents. R.S., <3. 99, s. 26.

191

Comm ission
may be
appointed

to consider
certain
QILSBE.

Rules and
forms may

e
prescribed,

Sittings or
the c_om~
m issioners.

List to be
prepared .

What it ,
shall spamiy.

To be
posted up,

Certificate
of

compliance.

Fee

192

Pmliminury
proceedings.

Afii davit.

Notice.

Copy.

How claim
may be
preferred .

Evidence
may be
1)1.7/‘ll U0€¢ 0!‘
written.

Certain
documents
to be
evidence.

A djourn—
ment of
proceedings.

Decision,
how arrived
M2.

Effect of
decision.

Witnesses
may be
summoned.

Manitoba Supplementary Provisions.

25. The commissioners shall not receive or proceed upon
any claim until the person, or some one of the persons, by
whom or on whose behalf the claim is made, has made and
produced before the commissioners an aflidavit or aflirmation
in writing, signed by him, that to the best of his knowledge and
belief the claim is well founded, that he is not aware of any
adverse claims, and that there is no other person in possession;
or if he is aware of any adverse claim, or that there is any other
person in possession, that he has, at least one month before
the making of such afiidavit or aiiirmation, caused to be served
upon the person making, having, or supposed to have such
adverse claim, or who is in possession as aforesaid, a notice in
writing of his claim and of his intention to bring the claim
before the commissioners at the time appointed by them for
hearing the claims of the respective parties.

2. A copy of such notice shall be aflixed to the ailidavit
or afl‘irmation. R.S., c. 99, s, 27.

26. The claimant or the heir, devisoe or assignee of any
claimant, may bring any such adverse or conflicting claim
before the commissioners, either personally or by agent or
attorney, and produce before the commissioners all such docu—
mcnts, proofs and evidence as he has to advance in support
of such claim.

2. Such evidence may be given viva once before the com-
missioners, or by written aflidavits or affirmations, sworn or
affirmed before any one entitled to administer an oath or
aflirmation in the place where the same is sworn or affirmed.

3. All certificates of the Hudson’s Bay Company, or of
any chief factor of the Hudson’s Bay Company, or of the
clerk of the executive council of the Province, or copies certified
by them respectively of documents in their custody, shall be
received in evidence before the commissioners. R.S., c. 95), s. 28.

27. The commissioners may defer, delay or adjourn the
proceedings on any claim brought before them, and may give
such further or enlarged time for the production of evidence,
or for any other purpose relative to such claim, and for the
decision thereon, as they deem expedient for the attainment
of the ends of justice. R.S., c. 99, s. 29.

28. The commissioners shall be guided in their pro-
ceedings and report by the justice and equity of the case,
without regard to legal forms or to the strict letter of the law,
or legal rules of evidence.

2. The commissioners shall report their decision to the
Minister, who may, if he thinks fit, thercu’pon cause letters
patent to issue, granting the lands in question to the person
who has been reported by the commissioners to be entitled
to the lands; or otherwise, in his discretion, may submit the
decision for the consideration and approval of the Governor
in Council. R.S., c. 99, s. 30.

29. The commissioners may summon before them, by
summons under the hand of any one of them, the claimant
or claimants, or any person interested in the case, or any

M anitaba. Supplementary Provisions.

other person whom they deem it expedient to examine as
a witness, or whom they have reason to believe to be in pos-
session of any document by the production of which the ends
of justice may be better attained; and may require such claimant
or person or such witness, to submit to such oral examination
upon oath, or to answer on oath and to sign his answers to
interrogatories or cross interrogatories in writing, or to produce
such books, papers or documents in his possession, as to the
commissioners appears requisite. R.S., c. 99, s. 31.

30. The commissioners may cause such interrogatories
or cross interrogatories as they deem requisite to be served
upon and answered by any such claimant, person or witness,
or any witness whose deposition is produced in evidence before
them; and may cause commissions to be issued for the exam-
ination of any witness not resident in Manitoba, and for requiring
such witness to produce such books, papers or other documents
as he has in his possession; and may, in their discretion, delay
the proceedings in the case until such evidence and answers
have been adduced and given, and returned with the com-
mission. R.S., c. 99, s. 32.

31. The commissioners shall have the same power to
enforce the attendance of witnesses, and to compel them to
give evidence, as is vested in any court of law in civil cases;
but no person or witness shall be compelled to answer any
question that he would not be compelled to answer in a court
of law in a civil case. 11.8., c. 99. s. 33.

32. No letters patent shall issue on any decision and
report of the commissioners until after the expiration of three
months from the time when such report was transmitted to
and marked as received by the Minister. R.S., c. 99, s. 84.

33. If, before the expiration of such three months, the
commissioners, or a quorum or majority of them, find reason
to believe that such decision and report were obtained by
suprise or erroneously made in any respect, and that justice
requires that the issuing of the letters patent should he stayed,
the commissioners, or a majority of them, although it is not
then the regular period of their sitting, may report accordingly
to the Minister, and the issuing of the letters patent shall
thereupon be stayed until the commissioners again report
upon the case; and the commissioners may re~hear the case,
or admit any new claim, and may receive or insist upon any

And
required
to give

e videnoe.

Int_erroga-
tones.

Commis-
sions to
examine
witnesses
abroad.

Attendance
may be
enforced.

When
letters
patent may
issue.

Re~l1ee.x-ing.

new evidence, as to them appears expedient to enable them

to do justice in the case; and they may thereafter decide and
report thereon as if no prior report had been made, and with
like effect. R.S., c. 99, s. 35.

34. Nothing in this Part contained shall limit the right
of the Minister to investigate, or cause to be otherwise investi-
gated than as hereinbefore mentioned, such adverse or con-
flicting claims as aforesaid, and to cause ‘letters patent to issue
therefor to the person appearing to him to be entitled thereto.
R.S., c. 99, s. 36. –

18955-13

Right to
any other
procedure
not
affected .

Preamble.

Short title.

Province of
Alberta .

form ed; _lts
boundariesr

THE ALBERTA ACT.(‘“)

4-5 EDWARD VII, CHAPTER 3.

An Act to establish and provide for the Government of
the Province of Alberta.

[Assented to 20th July, 1905.]

WHEREAS in and by the British North America Act, 1871,
being chapter 28 of the Acts of the Parliament of the United
Kingdom passed in the session thereof held in the 34th and
35th years of the reign of Her late Majesty Queen Victoria, it
is enacted that the Parliament of Canada may from time to
time establish new provinces in any territories forming for the
time being part of the Dominion of Canada, but not included
in any province thereof, and may, at the time of such establish-
ment, make provision for the constitution and administration
of any such province, and for the passing of laws for the peace,
order and good government of such province, and for its repree
sentation in the said Parliament of Canada;

And whereas it is expedient to establish as a province the
territory hereinafter described, and to make provision for the
government thereof and the representation thereof in the
Parliament of Canada: Therefore His Majesty, by and with
the advice and consent of the Senate and House of Commons
of Canada, enacts as follows :—

1. This Act may be cited as the Alberta Act.(”7)

2. The territory comprised within the following bound-
aries, that is to say,—commencing at the intersection of the
international boundary dividing Canada from the United States
of America by the fourth meridian in the system of Dominion
land surveys; thence westerly along the said international
boundary to the eastern boundary of the province of British
Columbia; thence northerly along the said eastern boundary
of the province of British Columbia to the northeast corner of
the said province; thence easterly along the parallel of the
sixtieth degree of north latitude to the fourth meridian in the
system of Dominion lands surveys as the same may be hereafter
defined in accordance with the said system; thence southerly
along the said fourth meridian to the point of commencement,—~—
is hereby established as a province of the Dominion of Canada,
to be called and known as the province of Alberta.(‘“)

(146 This is the Constitutional Act of Alberta. Alberta like Manitoba and
Saskatc ewan was carved out of Rupert’s Land and the Northwest Territories.
The provisions in this Act are similar to those in the Orders in Council. Alberta,
through this Act is made subieot to the provisions of the I3.N.Ar Act, 1867, which
applies to it as if it had been one of the ori inal provinces. For “The North-West
Territories Act.” ohu ter 50 of the Revise Ststums of Canada, 1888, as amended
up to the first day of Slfeptember, 1905, the date of the coming into force of the Alberta
Act, see Revised Statutes of Alberta. 1922, Vol. IV. . 2849. . _

(W) ‘1;h.is Act has not been consolidated or repeified by the Statute Revisions of
1906 or 192 . .

( 1″) See Alberta-British Columbia Boundary Act, 1932, c. 5 (Canada) and also
The Alberta British Columbia Boundary Act, chapter 6 of the statutes of 1931. of
Alberta, and The Alberta-Saskatchewan Boundary Act, chapter 06 of the statute:
of 1939 of Alberta.

C rrrrrrrrrrrrrr _ C,

V

Alberta Act.

3. The provisions of the British North America Acts,
1867 to 1886, shall apply to -the province of Alberta in the
same way and to the like extent as they apply to the provinces
heretofore comprised in the Dominion, as if the said province
of Alberta had been one of the provinces originally united,
except in so far as varied by this Act and except such provisions
as are in terms made, or by reasonable intendment, may be
held to be specially applicable to or only to afieet one or more
and not the whole of the said provinces.

4. The said province shall be represented in the Senate of
Canada by four members: Provided that such representation
may, after the completion of the next decennial census, be from
time to time increased to six by the Parliament of Canada. (W)

5. The said province and the province of Saskatchewan
shall, until the termination of the Parliament of Canada existing
at the time of the first readjustment hereinafter provided for,
continue to be represented in the House of Commons as provided
by chapter 60 of the statutes of 1903, each of the electoral
districts defined in that part of the schedule to the said Act
which relates to the Northwest Territories, whether such district
is wholly in one of the said provinces, or partly in one and
partly in the other of them, being represented by one member. (W7)

6. Upon the completion of the next quinquennial census
for the said province, the representation thereof shall forthwith
be readjusted by the Parliament of Canada in such manner
that there shall be assigned to the said‘ province such a number
of members as will bear the same proportion to the number
of its population ascertained at such quinquennial census as
the number sixty-five bears to the number of the population
of Quebec as ascertained at the then last decennial census;
and in the computation of the number of members for the said
province a fractional part not exceeding one-half of the whole
number requisite for entitling the province to a member shall
be disregarded, and a fractional part exceeding one-half of that
number shall be deemed equivalent to the Whole number, and
such readjustment shall take effect upon the termination of
the Parliament then existing.

2. The representation of the said province shall thereafter
be_ readjusted from time to time according to the provisions of
section 51 of the British North America Act, 1867.(““)

7. Until the Parliament of Canada otherwise provides,
the qualifications of voters for the election of members of the
House of Commons and the proceedings at and in connection
with elections of such members shall, mutatis mutcmdis, be
those prescribed by law at the time this Act comes into force
with respect of such elections in the Northwest Territories.

(W) Alberta, lilge the three other.western provinces. has now six senators. Sec
1171452. s. 1 of The British North America Act, 1915. [543 George V, chapter 45.]
(W) _According to The Representation Act, 1933 (Which is unchanged so far as
Alberta is concerned by the census of 1941) the representation of Alberta is fixed at
seventeen.
. gm) Rnpresentation in the House of Commons is vemed by section 51 of the
British North America Act, 1867. See also section 5 as amended by the British
North America Act, 1916. ‘

13955-13;

195

B.N.A. Am.
1867 to 1886,
to apply.

Representa-
tion in the
Senate.

Representm
t_ion in the
House of
Commons.

Readiust-
rnent after
next quin«
qucnninl
CBHSUS.

Subsequent
readjust-
manta.

Election of
members
House of
Commons.

196

Executive
Council.

Seat of Gov-
ernmont.

Powers of
Lieutensmtr
Governor
and Council.

Great Seal.

Legislature.

L ‘ I t‘
A;’§é?..‘tl§f’

Election of
members of
Assembly.

Alberta Act.

8. The Executive Council of the said province shall be
composed of such persons, under such designations, as the Lieu-
tenant—Governor from time to time thinks fit.

9. Unless and until the Lieutenant-Governor in Council
of the said province’ otherwise directs, by proclamation under
the Great Seal, the seat of government of the said province
shall be at Edmonton.

10. All powers, authorities and functions which under any
law were before the coming into force of this Act vested in or
exercisable by the‘ Lieutenant—Governor of the Northwest
Territories, with the advice, or with the advice and consent,
of the Executive Council thereof, or in conjunction with that
Council or with any member or members thereof, or by the
said Lieutenant—Governor individually, shall, so far as they are
capable of being exercised after the coming into force of this
Act in relation to the government of the said province, be
vested ‘in and shall or may be exercised by the Lieutenant-
Governor of the said province, with the advice or with the
advice and consent of, or in conjunction with, the Executive
Council of the said province or any member or members thereof,
or by the Lieutenant—Governor individually, as the case requires,
subject nevertheless to be abolished or altered by the Legislature
of the said province,

11. The Lieutenant-Governor in Council shall, as soon
as may be after this Act comes into force, adopt and provide
a Great Seal of the said province, and may, from time to time,
change such seal.” –

12. There shall be a Legislature for the said province
consisting of the Lieutenant—Governor and one House to be
styled the Legislative Assembly of Alberta.

13. Until the said Legislature otherwise provides, the
Legislative Assembly shall be composed of twenty-five mem—
bers, to be elected to represent the electoral divisions defined
in the schedule to this Act. (153)

14. Until the said Legislature otherwise determines, all
the provisions of the law with regard to the constitution of the
Legislative Assembly of the Northwest Territories and the
election of members thereof shall apply, mutatis mutzmdis, to
the Legislative Assembly of the said province and the elections
of members thereof respectivcly.(“‘3)

(19) By section 2 of The Legislative Assembly Act, chapter 3 of the Revised
Statutes of Alberta, 1922, the Legislative Assembly was declared to be composed
of 61 members. This section was amended by 1924, 04 35; 1930. c. 14 and 1039, c. 94.
The Alberta Legislative Assembly now consists of 49 Constituencies and 57 members.
Each electoral division returned one member except cities of Edmonton and Calgary
which return 5 members each.

(W) The qualifications ol voters are now fixed by The Alberta Election Act
(0. 34 of the statutes of Alberta, 192-1, as amended in 1925; 1934 and 1939).

Alberta Act.

15. The writs for the election of the members of the first
Legislative Assembly of the said province shall be issued by
the Lieutenant—Governor and made returnable within six
months after this Act comes into force.

16. All laws and all orders and regulations made there~
under, so far as they are not inconsistent with anything contained
in this Act, or as to which this Act contains no provision intended
as a substitute therefor, and all courts of civil and criminal
jurisdiction, and all commissions, powers, authorities and
functions, and all 0i‘l’lCG1‘S and functionaries, judicial, adminis-
trative and ministerial, existing immediately before the coming
into force of this Act in the territory hereby established as the
province of Alberta, shall continue in the said province as if
this Act and The Saskatchewan Act had not been passed;
subject, nevertheless, except with respect to such as are enacted
by or existing 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 Parlia~
ment of Canada, or by the Legislature of the said province,
according to the authority of the Parliament, or of the said
Legislature: Provided that all powers, authorities and functions
which, under any law, order or regulation were, before the coming
into force of this Act, vested in or exercisable by any public
ofliccr or functionary of the Northwest Territories shall be
Vested in and exercisable in and for the said province by like
public officers and functionaries of the said province when
appointed by competent authority.

2. The Legislature of the province may, for all purposes

affecting or extending to the said province, abolish the Supreme 5

Court of the Northwest Territories, and the offices, both judicial
and ministerial, thereof, and the jurisdiction, powers and
authority belonging or incident to the said court: Provided
that, if, upon such abolition, the Legislature constitutes a
superior court of criminal jurisdiction, the procedure in criminal
matters then obtaining in respect of the Supreme Court of the
Northwest Territories shall, until otherwise provided by com-
petenty authority, continue to apply to such superior court,
and that the Governor in Council may at any time and from
time to time declare all or any part of such procedure to be
inapplicable to such superior court.

3. All societies or associations incorporated by or under
the authority of the Legislature of the Northwest Territories
existing at the time of the coming into force of this Act which
include within their objects the regulation of the practice of
or the right to practise any profession or trade in the Northwest
Territories, such as the legal or the medical profession, dentistry,
pharmaceutical chemistry and the like, shall continue, subject,
however, to be dissolved and abolished by order of the Governor
in Council, and each of such societies shall have power to arrange
for and effect the payment of its debts and liabilities, and the
division, disposition or transfer of its property.

4. Every joint-stoclc company lawfully incorporated by or
under the authority of any ordinance of the Northwest Terri-
tories shall be subject to the legislative authority of the province
of Alberta if——

197

Writs for _
first election.

Laws, courts
and officers
continued.

Proviso.

Province
may abolish

As or».
certain t_

co ra ions
inrII\l(.’W.T.

As to jointr
stock com—
pnnxes.

198

Education.

Subsidy to
province.

For gov-
crnmont.

In propor-
tion to popu-
lation.

Alberta Act.

(a) the head office or the registered ofiice of such company
is at the time of the coming into force of this Act
situate in the province of Alberta; and

(b) by the powers and objects of such company are such
as might be conferred by the Legislature of the said
province and not expressly authorized to be executed in
any part of the Northwest Territories beyond the
limits of the said proviuce.(164)

17. Section 93 of The British North America. Act, 1867,
shall apply to the said province, with the substitution for
paragraph (1) of the said section 93, of the following paragraph’:——

“I. Nothing in any such law shall prejudically affect any
right or privilege with respect to separate schools which
any class of persons have at the date of the passing of this Act,
under the terms of chapters 29 and 30 of the Ordinances of the
Northwest Territories, passed in the year 1901, or with respect
to religious instruction in any public or separate school as
provided for in the said ordinances.”

2. In the appropriation by the Legislature or distribution
by the Government of the province of any moneys for the
support of schools organized and carried on in accordance with
the said chapter 29 or any Act passed in amendment thereof,
or in substitution therefor, there shall be no discrimination
against schools of any class described in the said chapter 29.

3. Where the expression “bylaw” is employed in paragraph
3 of the said section 93, it shall be held to mean the law as
set out in the said chapters 29 and 30, and where the expression
“at the Union” is employed, in the said paragraph 3, it shall
be held to mean the date at which this Act comes into force.

18. The following amounts shall be allowed as an annual
subsidy to the province of Alberta and shall be paid by the
Government of Canada, by half—yearly instalments in advance,
to the said province, that is to say:——-

(a) for the support of the Government and Legislature,
fifty thousand dollars;

(b) on an estimated population of two hundred and fifty
thousand, at eighty cents per head two hundred thou-
sand dollars, subject to be increased as hereinafter men-
tioned, that is to say:—~a census of the said province
shall be taken in every fifth year, reckoning from the
general census of one thousand nine hundred and one,
and an approximate estimate of the population shall
be made at equal intervals of time between each quin-
qucnnial and decennial census; and whenever the
population, by any such census or estimate, exceeds

(W) The Dominion statute, 1886, 49 V., c. 25, s. 3, amending the North West
Territories Act and reproduced in the above Act, R.S.C..1886. c. 50, s. 11. put ll]
force in the Territories the laws of England, civil and criminal, as of July 15th, 1870
“so far as the same are applicable to the Territories,” and not repealed, altered or
affected by subsequent appropriate legislation and The Alberta Act continued the
laws in effect at the time of its establishment. (Board v. Board, 1918, 2 W.W.R.
633, 13 Alt. 14.1%. 862; 1919, 2 W.W.R. 940, A.C. 95, 88 L.J.I’.C. 165).

Alberta Act.

two hundred and fifty thousand, which shall be the
minimum on which the said allowance shall be oal—
culated, the amount of the said allowance shall be
increased accordingly, and so on until the population
has reached eight hundred thousand souls.(1“)

19. Inasmuch as the said province is not in debt, it shall
be entitled to be paid and to receive from the Government of
Canada, by half-yearly payments in advance, an annual sum
of four hundred and five thousand three hundred and seventy-
five dollars, being the equivalent of interest at the rate of five
per cent per annum on the sum of eight million one hundred
and seven thousand five hundred dollars. ‘

20. Inasmuch as the said province will not have the public
land as a source of revenue, there shall be paid by Canada to
the province by half—year1y payments, in advance, an annual
sum based upon the population of the province as from time
ttol time ascertained by the quinquennial census thereof, as

o lows:——

‘The population of the said province being assumed to be
at present two hundred and fifty thousand, the sum payable
until such population reaches four hundred thousand, shall be
three hundred and scvcnty—five thousand dollars;

Thereafter, until such population reaches eight hundred
thousand, the sum payable shall be five hundred and sixty-
two thousand five hundred dollars;

Thereafter, until such population reaches one million two
hundred thousand, the sum payable shall be seven hundred
and fifty thousand dollars;

And thereafter the sum payable shall be one million one
hundred and twenty-five thousand dollars.

2. As an additional allowance in lieu of public lands, there
shall be paid by Canada to the province annually by half-
yoarly payments, i’l1 advance, for five years from the time this
Act comes into force, to provide for the construction of necessary
public buildings, the sum of ninety—three thousand seven
hundred and fifty dollars.

21. All Crown lands, mines and minerals and royalties
incident thereto, and the interest of the Crown in the waters
Within the province under The Northwest Irrigation Act, 1898,
shall continue to be vested in the Crown and administered by
the Government of Canada for the purposes of Canada, subject
to the provisions of any Act of the Parliament of Canada with
respect to road allowances and roads or trails in force imme-
diately before the coming into force of this Act, which shall
apply to the said province with the substitution therein of the
said province for the NorthwcstrTerrit0ries.

18670″) See B.N./L Act (1907), e. 11, s. 1 and notes to s. 118 of the B.N.A. Act.

199

Annual
payment to
’ province .

Compensa-
tion to pro-
vince for
public lands.

Further com-
pensation.

Property in
lands. etc.

200

Divienon of
assets and
liabilities
between
Saskatche-
wan and
Alberta.

Arbitration.

Provision as
to C.P.R.

Co.

Commence-
ment of Act.

Alberta. Act.

22. All properties and assets of the Northwest Territories .

shall be divided equally between the said province and the
province of Saskatchewan, and the two provinces shall be jointly
and equally responsible for all debts and liabilities of the North~
west Territories: Provided that, if any difference arises as to
the division and adjustment of such properties, assets, debts
and liabilities, such difference shall be referred to the arbitrarnent
of three arbitrators, one of whom shall be chosen by the Lieu-
tenant- overnor in Council of each province, and the third
by the Governor in Council. The selection of such arbitrators
shall not be made until the Legislatures of the provinces have
met, and the arbitrator chosen by Canada shall not be resident
of either province. ‘

. 23. Nothing in this Act shall in any way prejudice or
affect the rights or properties of the Hudson’s Bay Company
as contained in the conditions” under which that company
surrendered Rupert’s Land to the Crown.

24-. The powers hereby granted to the said province shall
be exercised subject to the provisions of section 16 of the
contract set forth in the schedule to chapter 1 of the statutes

of 1881, being. an Act respecting the Canadian Pacific Railway‘

Company.

25. This Act shall come into force on the first day of
September, one thousand nine hundred and five.

SCHEDULE.
(Section 13.)

The province of Alberta shall be divided into twenty-five
electoral divisions which shall respectively comprise and consist
of the parts and portions of the province hereinafter described.

In the following descriptions wlierc ‘frneridians between
ranges” and “boundaries of townships” or “boundaries oi
sections” are referred to as the boundaries of electoral divisions,
these expressions mean the meridians, boundaries of townships
or boundaries of sections, as the case may be, in accordance
with the Dominion Lands system of surveys, and include the
extension thereof in accordance with the said system.

Names and Descriptions of Divisions.

(1) The electoral division of Medicine Hat, bounded as
follows:-—

Commencing at the intersection of the eastern boundary
of the said province of Alberta by the north boundary of the
38th township; thence westerly along the north boundary of
the 38th township to the meridian between the 10th and 11th
ranges, west of the 4th meridian; thence southerly along the
meridian between the 10th and 11th ranges to the southern
boundary of the said province of Alberta; thence easterly along

Alberta Act.

the said southern boundary of the province of Alberta to the
south—east corner thereof; thence northerly along the eastern
boundary of the said province of Alberta to the point of com-
mencement.

1 (2) The electoral division of ‘Cardston, bounded as fol-
ows:—

Commencing at the southern boundary of the said province
of Alberta where it is intersected by the meridian between the
10th and 11th ranges, west of the 4th meridian; thence northerly
along the said meridian between the 10th and 11th ranges to
the north boundary of the 5th township; thence westerly along
the north boundary of the 5th township to the St. Mary» river;
thence along the St. Mary river up stream to the south boundary
of the Blood Indian Reserve; thence westerly along the said
south boundary of the Blood Indian Reserve to the meridian
between the 27th and 28th ranges west of the 4th meridian;
thence southerly along the said meridian between the 27th and
28th ranges to the_north boundary of the 2nd township; thence
westerly along the north boundary of the 2nd townships to
the meridian between the 29th and 30th ranges west of the 4th
meridian; thence southerly along the said meridian between
the 29th and 30th ranges to the southern shore of the Waterton
Lakes; thence in a westerly and southerly direction and following
the southerly and eastern shores of the said Waterton Lakes
to the southern boundary of the said province of Alberta;
thence easterly along the said southern boundary of the province
of Alberta to the point of commencement.

(3) The electoral division of Lethbridge, bounded as fol-

lows :-—-

Cernmencing at the» meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by
the north boundary of the 5th township; thence northerly along
the said meridian between the 10th and 11th ranges to the

.north boundary of the 14th township; thence westerly along

the north boundary of the 14th townships to the Bow river;
thence along the Bow river up stream to the north boundary
of the 19th township; thence westerly along the north boundary
of the 19th townships to the meridian between the 22nd‘ and
23rd ranges, west of the 4th meridian; thence southerly along
the said meridian between the 22nd and 23rd ranges to the
Belly river; thence along the Belly river down stream to the St.
Mary river; thence along the St. Mary river up stream to the
north boundary of the 5th township; thence easterly along the
north boundary of the 5th townships to the point of commence-
ment.

1 (4) The electoral division of Macleocl, bounded as fol-
ows:—

Reserve where it is intersected by the St. Mary river; thence
along the St. Mary river down stream to the Belly river; thence
along the said Belly river up stream to its most northerly inter-
section with the meridian between the 22nd and 23rd ranges,
west of the 4th meridian; thence northerly along the said meri-
dian between the 22nd and 23rd ranges to the north boundary

l8955——l4

Commencing at the south boundary of the Blood Indian

202

Alberta Act.

of the 14th township; thence westerly along the north boundary
of the 14th townships to the westerly boundary of the province
of Alberta; thence in a southerly direction and along the said
western boundary of the province of Alberta to the north
boundary of the 11th township; thence easterly along the said
north boundary of the 11th township to the 5th meridian;
thence southerly along the said 5th meridian to the north
boundary of the 10th township; thence easterly along the said
north boundary of the 10th township to the meridian between‘
the 29th and 30th ranges, west of the 4th meridian; thence
southerly along the said meridian between the 29th and 30th
ranges to the north boundary of the 8th township; thence
easterly along thr said north boundary of the 8th township
to the west boundary of the Peigan Indian Reserve; thence
southerly along the said west boundary of the Peigan Indian
Reserve to the south-west corner of the said Peigan Indian
Reserve; thence easterly along the south boundary of the said
Peigan Indian Reserve to the south—east corner of the said
Reserve; thence in a straight line south—easterly to the north-
east corner of section 14 in the 6th township in the 27th range,
west of the 4th meridian; thence along the north boundary of
section 13 in the said 6th township and in the 27th range to the
meridian between the 26th and 27th rangeswest of the 4th
meridian; thence southerly along the said meridian between
the 26th and 27th ranges to the Belly river; thence along the
Belly river up stream to the southern boundary of the said
Blood Indian Reserve; thence easterly along the said south
boundary of the Blood Indian Reserve to the point of com-
mencernent.

(5) The electoral division of Pincher Creek, bounded as
folloWs:—

Commencing at the southern boundary of the said province
of. Alberta, where it is intersected by the eastern shore of the
Waterton lakes, thence northerly and easterly and along the
said eastern shores and the southern shores of the Waterton
lakes to the meridian between the 29th and 30th ranges west
of the 4th meridian; thence northerly along the said meridian
between the 29th and 30th ranges to the north boundary of
the 2nd township; thence easterly along the said north boundary
of the 2nd townships to the meridian between the 27th and
28th ranges west of the 4th meridian; thence northerly along
the said meridian between the 27th and 28th ranges to the
south boundary of the Blood Indian Reserve; thence westerly
along the said south boundary of the Blood Indian Reserve
to the Belly river; thence along the said Belly River down
stream to the meridian between the 26th and 27th ranges west
of the 4th meridian; thence northerly along the said meridian
between the 26th and 27th ranges to the northeast corner of
section 13 in the 6th township in the said 27th range; thence
westerly along the north boundary of the said section 13 to
the northeast corner of section 14 in the said 6th township
in the 27th range; thence in a straight line northwesterly to
the southeast corner of the Peigan Indian Reserve; thence
Westerly along the south boundary of the said Pcigan Indian
Reserve to the southwest corner of the said Indian Reserve;
to the north boundary of the 8th township; thence westerly

Alberta Act.

along the said north boundary of the 8th townships to the
meridian between the 29th and 30th ranges west of the 4th
meridian; thence northerly along the said meridian between
the 29th and 30th ranges to the north boundary of the 10th
township; thence westerly along the said north boundary of
the 10th township to the 5th meridian; thence northerly along
the said 5th meridian to the north boundary of the 11th town-
ship; thence westerly along the said north boundary of the 11th
townships to the western boundary of the said province of
Alberta; thence in a. southerly direction and along the said
western boundary of the province of Alberta to the southern
boundary of the said province of Alberta; thence easterly along
the said southern boundary of the province of Alberta to the
point of commencement.

1 (6) The electoral district of Gleichen, bounded as fol-
ows:—

Commencing at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by the
northern boundary of the 14th township; thence northerly
along the said meridian between the 10th and 11th ranges to
the north boundary of the 28th township; thence westerly along
the said north boundary of the 28th townships to the meridian
between the 2nd and 3rd ranges, west of the 5th meridian;
thence southerly along the said meridian between the 2nd and
3rd ranges, to-north boundary of the 22nd township; thence
easterly along the said north boundary of the 22nd townships
to the Bow river; thence along the said Bow river down stream
to the north boundary of the 14th township; thence easterly
along the said north boundary of the 14th townships to the
point of cornmencement;~—excepting and reserving out of the
said electoral division the city of Calgary, as incorporated by
ordinances of the Northwest Territories.

(7) The electoral division of Calgary City, comprising the
city of Calgary as incorporated by ordinance of the Northwest
Territories.

I (8) The electoral division of Rosebud, bounded as fol-
ows:-—-

Commencing; at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 28th township; thence northerly along
the said meridian between the l0th and 11th ranges to the
north boundary of the 33rd township; thence westerly along
the said north boundary of the 33rd townships to the western
boundary of the province of Alberta; thence in a southerly
direction and along the said western boundary of the province
of Alberta to the north boundary of the 28th township; thence
easterly along the said north boundary of the 28th townships
to the point of eoinmencementl

(9) The electoral division of High River, bounded as
follows:—

Commencing at the meridian between the 22nd and 23rd
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 14th township; thence northerly along
the said meridian between the 22nd and 23rd ranges to the

18955—~14—§

-Alberta Act.

northboundary of the 19th township; thence easterly along
the said north boundary of the 19th townships to the Bow
river; thence along the said Bow river up stream to the north
boundary of the 22nd township; thence westerly along the said
north boundary of the 22nd townships to the western boundary
of the province of Alberta; thence in a southerly direction and
along the said western boundary of the province of Alberta
to the north boundary of the 14th township; thence easterly
along the said north boundary of the 14th townships to the
point of commencement.

(10) The electoral division of Bani}, bounded as follows :——-

Commencing at the meridian between the 24th and 25th
ranges, west of the 5th meridian, where it is intersected by the
north boundary of the 22nd township; thence northerly along
the said meridian between the 2nd and 3rd ranges to the north
boundary of the 28th township; thence westerly along the said
north boundary of the 28th township to the western boundary
of the province of Alberta; thence in a southerly direction and
along the said western boundary of the province of Alberta
to the north boundary of the 22nd township; thence easterly
along the said north boundary of the 22nd township to the
point of commencement.

1 (11) The electoral division of Innisfail, bounded as fol-
ows:——

Commcncing at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 33rd township; thence northerly along
the said meridian between the 10th and 11th ranges to the
north boundary of section twenty—four in the 36th township;
thence westerly along the section line which bounds on the
north the section comprising the most southerly two~thirds
of the 36th townships to the Red Deer river, in the 28th range,
West of the 4th meridian; thence along the said Red Deer river
down stream to the north boundary of section twenty-two,
in the 37th township; thence westerly along the section line
which bounds on the north the sections comprising the most

southerly two—thirds of the 37th township to the western‘

boundary of the province of Alberta; theme in a southerly
direction and along the said western boundary of the province
of Alberta to the north boundary of the 33rd township; thence
easterly along the north boundary of the 33rd township to
the point of commencement.

(12) The electoral division of Red Deer, bounded as
follows :—~

Commencing at the meridian between the 10th and ].1th
ranges, west of the 4th meridian, where it is intersected by
the north boundary of section 24, in the 36th township;
thence northerly along the said meridian between the 10th and
11th ranges to the said north boundary of the 38th,township;
thence westerly along the said north boundary of the 38th
township to where the said north boundary of the 38th tow’n-
ships is intersected by the Red Deer river in the 26th range,
west of the 4th meridian; thence along the said Red Deer river
up stream to the Blindman river; thence along the said Blindman
river up stream to the north boundary of the 39th township;

um

Alberta Act.

thence westerly along the said north boundary of the 39th
townships to the North Saskatchewan river; thence along the
North Saskatchewan river up stream to the section line which
bounds on the north the sections comprising the most southerly
two—thirds of the 37th township; thence easterly along the said
section line which bounds on the north the sections comprising
the most southerly two—thirds of the 37th township to the
Red Deer river; thence along the Red Deer river up stream
to the north boundary of section twenty, in the 36th township;
thence easterly along the section line which bounds on the
north the sections comprising the most southerly two—thirds
of the said 36th townships to the point of commencement.

(13) The electoral division of Vermilion, bounded as
followszm

Commencing at the eastern boundary of the province of
Alberta where it is intersected by the north boundary of the
38th township; thence northerly along the said eastern boundary
of the province of Alberta to the North Saskatchewan river;
thence along the North Saskatchewan river up stream to the
meridian between the 10th and 11th ranges, west of the 4th
meridian; thence southerly along the said meridian between
the 10th and 11th ranges to the north boundary of the 54th
township; thence westerly along the said north boundary of
the 54th township to the meridian between the 19th and 20th
ranges, west of the 4th meridian; thence southerly along the
said meridian between the 19th and 20th ranges to the north
boundary of section twenty-four, in the 47th township; thence
easterly along the section line which bounds on the north the
sections comprising the most southerly two-thirds of the 47th
township to the meridian between the 10th and 11th ranges,
west of the 4th meridian; thence southerly along the said meri-
dian between the 10th and 11th ranges to the north boundary
of the 38th township; thence easterly alongthe said north
boundary of the 38th township to the point of commencement.

1 (14) The electoral division of Lacombe, hounded as fol-
ows:—

Commencing at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 38th township; thence northerly along
the said meridian between the 10th and 11th ranges to the north
boundary of the 41st township; thence westerly along the said
north boundary of the 41st townships to the North Saskat-
chewan river; thence along the said North Saskatchewan river
up stream to the north boundary of the 39th township; thence
easterly along the said north boundary of the 39th townships
to the Blindman river; thence along the said Blindman river
down stream to the Red Deer river; thence along the said Red
Deer river down stream to the north boundary of the 38th
township; thence easterly along the said north boundary of
the 38th township to the point of commencement.

1 (15) The electoral division of Ponoka; bounded as fol-
ows:——

Commencing at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 41st township; thence northerly along

205

206

Alberta Act.

the said meridian between the 10th and 11th ranges to the
north boundary of the 44th township; thence westerly along
the north boundary of the 44th townships to the North Saskat-
chewan river; thence along the said North Saskatchewan river
up stream to the north boundary of the 41st township; thence
easterly along the said north boundary of the 41st townships
to the point of commencement.

(16) The electoral division of Wetaskiwin, bounded as
follows:~

Commencing at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 44th township; thence northerly along
the said meridian between the 10th and 11th ranges to the
section line which bounds on the north the sections comprising
the most southerly two~thirds of the 47th township; thence
westerly along the said section line which bounds on the north
the sections comprising the most southerly two-thirds of the
47th townships to the North Saskatchewan river; thence along
the said North Saskatchewan river up stream to the north
boundary of the 44th township; thence easterly along the
said north boundary of the 44th townships to the point of
commencement.

1 (17) The electoral division of Leduc, bounded as fol-
ows:~—

Commencing at the meridian between the 19th and 20th
ranges, west of the 4th meridian, where it is intersected
by the section line which bounds on the north the sections
comprising the most southerly two—thirds of the 47th town-
ships,” thence northerly along the said meridian between the
19th and 20th ranges to the north boundary of the 50th town~
ship; thence westerly along the said north boundary of the
50th townships to where the said north boundary of the 50th
townships first intersects the North Saskatchewan river; thence
along the North Saskatchewan river up stream to the section
line which bounds on the north the sections comprising the
most southerly two—thirds of the 47th township; thence easterly
along the said section line which bounds on the north the
sections comprising the most southerly two-thirds of the 47th
townships to the point of commencement.

(18) The electoral division of Strathcona, bounded as
follows:—-

Commencing at the meridian between the 19th and 20th
ranges, west of the 4th meridian, where it is intersected by the
north boundary of the 50th township; thence northerly along
the said meridian between the 19th and 20th ranges to the
north boundary of the 53rd township; thence westerly along
the said north boundary of the 53rd townships to the North
Saskatchewan river; thence along the said North Saskatchewan
river up stream to the north boundary of the 50th township;
thence easterly along the said north boundary of the 50th
townships to the point of commencement.

(19) The electoral division of Stonyplain, bounded as
follows:—-—

Commencing at the meridian between the 24th and 25th
ranges, west of the 4th meridian, where it is intersected by the

r ______ he _

Alberta Act.

north boundary of the 53rd township; thence westerly along
the said north boundary of the 53rd township to the rear line
of lots fronting on the east side of the Sturgeon river in the
Saint Albert settlement; thence in a southerly and westerly
direction and along the said rear line to Big lake; thence in a
westerly direction and along the southerly, westerly and north-
erly shores of Big lake to the southwest corner of lot D in the
Saint Albeit settlement, thence westerly and along the southerly
limits of lots E, F, G, H and I in the said Saint Albert settlement
to the southeast corner on the Indian Reserve Chief Michel
Calahoo; thence Westerly along the south boundary of the
said Indian Reserve to the south—west corner thereof; thence
northerly along the west boundary of the said Indian Reserve
to the north boundary of the 54th township; thence westerly
along the said north boundary of the 54th townships to the
5th meridian; thence northerly along the said 5th meridian”
to the south boundary of the Indian Reserve Chief Alexander;
thence westerly along the south boundary of the Indian Reserve
Chief Alexander to the south—west corner of the said reserve;
thence northerly along the west boundary of the said Reserve
Chief Alexander to the north boundary of the 55th township;
thence westerly along the north boundary of the 55th townships
to the western boundary of the province of Albeita; thence in a
southerly direction and along the said western boundary of the
province of Alberta to the section line which forms the north
boundary of the sections comprising the most southerly two-
thirds of the 37th township; thence easterly along the said
section line which forms the north boundary of the sections
comprising the most southerly two~thirds of the 37th townships
to the North Saskatchewan river; thence along the said North
Saskatchewan river down stream to its most northerly inter-
section with the meridian between the 24th and 25th ranges
west of the 4th meridian; thence northerly along the said
meridian between the 24th and 25th ranges to the point of
commencement. .

(20) The electoral division of Edmonton City, comprising
the city of Edmonton as incorporated by ordinance of the
Northwest Territories.

1 (21) The electoral division of Victoria, bounded as fol-
oWs:—

Commencing at the 4th meridian where it is intersected
by the North Saskatchewan river; thence northerly along the
said 4th meridian to the north boundary of the 70th township;
thence westerly along the said north boundary of the 70th
townships to the meridian between the 10th and 11th ranges
West of the 4th meridian; thence southerly along the said
meridian between the 10th and 11th ranges to the north bound-
ary of the 58th township; thence westerly along the said north
boundary of the 58th townships to the North Saskatchewan
river; thence along the said North Saskatchewan river up
stream to the north boundary of the 53rd township; thence
easterly along the said north boundary of the 53rd township
to the meridian between the 19th and 20th ranges west of the
4th meridian; thence northerly along the said meridian between
the 19th and 20th ranges to the north boundary of the 54th

207

Alberta Act.

township; thence easterly along the said north boundary of the
54th townships to the meridian between the 10th and 11th
ranges, west of the 4th meridian; thence northerly along the
said meridian between the 10th and 11th ranges to the North
Saskatchewan river; thence along the said North Saskatchewan
river down stream to the point of commencement.

(22) The electoral division of Sturgeon, bounded as fol-
lows:—

Commencing at the meridian between the 10th and 11th
ranges, west of the 4th meridian, where it is intersected by
the north boundary of the 58th township; thence northerly
along the said meridian between the 10th and 11th ranges to
the north boundary of the 70th township; thence westerly along
the said north boundary of the 70th townships to the meridian
between the 24th and 25th ranges, west of the 4th meridian;
thence southerly along the said meridian between the 24th
and 25th ranges to the North Saskatchewan river; thence along
the said North Saskatchewan river down stream to the north
boundary of the 58th township; thence easterly along the said
north boundary of the 58th townships to the point of com-
mencement. Excepting and reserving out of the said electoral
division the city of Edmonton as incorporated by ordinance of
the Northwest Territories.

(23) The electoral division of Saint Albert, bounded as
follows:~——

Commencing at the meridian between the 24th and 25th
ranges, west of the 4th meridian, Where it is intersected by the
north boundary of the 53rd township; thence northerly along
the said meridian between the 24th and 25th ranges west of
the 4th meridian to the north boundary of the 70th township;
thence westerly along the said north boundary of the 70th
townships to the western boundary of the province of Alberta;
thence in a southerly direction and along the said western
boundary of the province of Alberta to the north boundary of
the 55th township; thence easterly along the said north boundary
of the 55th township to the Indian Reserve Chief Alexander;
thence southerly along the western boundary of “the said Indian
Reserve Chief Alexander to the south-west corner of the said
reserve; thence easterly along the south boundary of the said
Indian Reserve Chief Alexander to the 5th meridian; thence
southerly along the said 5th meridian to the north boundary
of the 54th township; thence easterly along the said north
boundary of the 54th township to the west boundary of the
Indian Reserve Chief Michel Calahoo; thence southerly along
the west boundary of the said Indian Reserve Chief Michel
Calahoo to the south—wost corner thereof; thence easterly along
the south boundary of the said Indian Reserve Chief Michel
Calahoo to the south-east corner thereof; thence in an easterly
direction and along the southern limit of lots I, H, G. F, and
E, in the Saint Albert settlement to the south—west corner of
lot D in the said settlement; thence along the westerly and
southerly shores of Big Lake in a westerly, southerly and
easterly direction to the rear line of lot 55 in the said Saint
Albert settlement; thence in an easterly direction and along
the rear line of lots fronting on the east side of the Sturgeon

I …………………………. r* W I y

Alberta Act.

River in the said Saint Albert settlement to the north boundary
of the 53rd township; thence easterly along the north boundary
of the 53rd township to the point of commencement.

(24) The electoral division of Peace River, bounded as
follows :-

Commencing at the meridian between the 19th and 20th
ranges, west of the 5th meridian, where it is intersected by the
north boundary of the 70th township; thence northerly along
the said meridian between the 19th and 20th ranges to the north
boundary of the 80th township; thence easterly along the said
north boundary of the 80th townships to the meridian between
the 13th and 14th ranges, west of the 5th meridian; thence
northerly along the said meridian between the 13th and 14th
ranges to the north boundary of the 92nd township; thence
easterly along the said north boundary of the 92nd townships
to the meridian between the 20th and 21st ranges, west of the
4th meridian; thence northerly along the said meridian between
the 20th and 21st ranges to the northern boundary of the
province of Alberta; thence westerly along the said northern
boundary of the province of Albeita. to the north—west corner
of the said province; thence in a southerly direction and along
the western boundary of the said province of Alberta to the
north boundary of the 70th township; thence easterly along
the said north boundary of the 70th townships to the point
of commencement.

1 (25) The electoral division of Athabaska, bounded as fol-
ows:—

Commencing at the eastern boundary of the province of
Alberta where it is intersected by the north boundary of the
7 0th township; thence northerly along the said eastern boundary
of the province of Alberta to the northern boundary of the said
province; thence westerly along the said northern boundary
of the province of Alberta to the meridian between the 20th
and 21st ranges, west of the 4th meridian; thence southerly
along the said meridian between the 20th and 21st ranges to
the north boundary of the 92nd township; thence westerly
along the said north boundary of the 92nd townships to the
meridian between the 13th and 14th ranges, west of the 5th
meridian; thence southerly along the said meridian between
the 13th and 14th ranges, west of the 5th meridian to the north
boundary of the 80th township; thence westerly along the said
north boundary of the 80th township to the meridian between
the 19th and 20th ranges, west of the 5th meridian; thence
southerly along the said meridian between the 19th and 20th
ranges to the north boundary of the 70th township; thence
easterly along the said north boundary of the 70th township
to the point of commencement.

209

Preamble.

Short title.

Province of
Snskotche«
iven formed;
its boun«
clerics,

THE SASKATCHEWAN ACT. (155)
4.5 EDWARD VII, CHAPTER 42.

An Act to establish and provide for the Government of
the Province of Saskatchewan.

[Assented to 20th July, 1905.]

Wnnnms in and by the British North America Act, 1871, I

being chapter 28 of the Acts of the Parliament of the United
Kingdom passed in the session thereof held in the 34th and
35th years of the reign of her late Majesty Queen Victoria,
it is enacted that the-Parliament of Canada may from time to
time establish new provinces in any territory forming for the
time being part of the Dominion of Canada, but not included
in any province thereof, and may, at the time of such establish-
ment, make provision for the constitution and administration
of any such province, and for the passing of laws for the peace,
order and good government of such province and for its repre-
sentation in the said Parliament of Canada;

And whereas it is expedient to establish as a province the
territory hereinafter described, and to make provisions for the
government thereof and the representation thereof in the
Parliament of Canada: Therefore His Majesty, by and with
the advice and consent of the Senate and House of Commons
of Canada, enacts as follows?-

1. This Act may be cited as the Saskatchewan Act.(“’”)

’ 2. The territory comprised within the following bound—
aries, that is to say,-eommencing at the intersection of the
international boundary dividing Canada from the United States
of America by the West boundary of the province of Manitoba,
thence northerly along the said West boundary of the province
of Manitoba to the northwest corner of the said province of
Manitoba; thence continuing northerly along the centre of the
road allowance between the twenty-ninth and thirtieth ranges
west of the principal meridian in the system of Dominion
lands surveys, as the said read allowance may hereafter be
defined in accordance with the said system, to the second
meridian in the said system of Dominion lands surveys, as the
same may hereafter be defined in accordance with the said
system; thence northerly along the said second meridian to

the sixtieth degree of north latitude; thence westerly along the’

parallel of the sixtieth degree of north latitude to the fourth

0”) This is the Constitutional Act of Saskatchewan. Saskatchewan like Moni-
coha and Alberta was carved out of Rupert’s Land and the North West _’l‘emvories.
The provisions in this Act are similar to those in the‘0rdcrs in Council. Snskat-_
ehewnn, through this Act is made subject to the provisions of the B,N.A. Act. 1887,
which applies to it as if it had been one o! the original provinces. For “The North
West Territories Act,” chapter 50 of the Revised Statutes of Cnuada,‘1886, as amend-
ed up to the first day of September. 1905, the dato of the coming into force of the
Saskatchewan Act, see Revised Statutes of Saskatchewan, 1940, Vol. IV, page 4547.

(W) This Act has not been consolidated or repealed by the Statute Revision
of 1906 or 1927.

210

Saskatchewan Act.

meridian in the said system of Dominion lands surveys, as the
same may be hereafter defined in accordance with the said
system; thence southerly along the said fourth meridian to
the said international boundary dividing Canada from the
United States of America; thence easterly along the said inter-
national boundary to the point of coInmencement,——is hereby
established as a province of the Dominion of Canada, to be
called and known as the province of Saskatehewan.(159)

3. The provisions of the British North America Acts, 1867
to 1886‘, shall apply to the province of Saskatchewan in the
same way and to the like extent as they apply to the provinces
heretofore comprised in the Dominion, as if the said provinces
of Saskatchewan had been one of the provinces originally united,
except in so far as varied by this Act and except such provisions
as are in terms made, or by reasonable intendrnent may be held
to be, specially applicable to or only to affect one or more and
not the whole of the said provinces,

4-. The said province shall be represented in the Senate of
Canada by four members: Provided that such representation
may, after the completion of the next decennial census, be from
time to time increased to six by the Parliament of Canada.(“”)

5. The said province and the province of Alberta shall,
until the termination of the Parliament of Canada existing at
the time of the first readjustment hereinafter provided for,
continue to be represented in the House of Commons as provided
by chapter 60 of the statutes of 1903, each of the electoral
districts defined in that part of the schedule to the said Act
which relates to the Northwest Territories, whether such
district is wholly in one of the said provinces, or partly in one
and partly in the other of them, being represented by one
member. 05“)

6. Upon the’ completion of the next quinquennial census
for the said province, the representation thereof shall forthwith
be readjusted by the Parliament of Canada in such manner
that there shall be assigned to the said province such a number
of members as will bear the same proportion to the number
of its population ascertained at such quinquennial census as the
number s’ixty—five bears to the number of the population of
Quebec as ascertained at the then last decennial census; and in
the computation of the number of members for the said province
a fractional part not exceeding one-half of the whole number
requisite for entitling the province to a member shall be dis-
regarded, arid a fractional part exceeding one—half of that
number shall be deemed equivalent to the whole number, and
such readjustment shall take effect upon the termination of the
Parliament their existing.

(W) Re boundaries: See The Manitoba-Saskatchewan Boundary Act, 1937
(1 George VI, c. 96) and The Albertsrsaskatchcwan Boundary Act, 1939 (3 George
VI, c. 96) of the statutes of Saskatchewan.

(W) Saskatchewan, like the three other western provinces, has now six senators.
See ante, section 1 of The British North America Act, 1915 [547 George V, chapter 45.] .

(W) According to The Representation Act, 1933, the representation of Saskat-
chewan is fixed at twenty—one. According to the census of 1941, however, the repre-
sentation should be seventeen. See The British North America Act. 1943. postponing
till after the war the readjustment oi the representation in the House of Commons.
See British North America Act, 1946.

211

B.N.A. Acts.
1867 to 1886.
to apply.

Represents»-
ticn in the
Senate.

Represents»
tion in the
House of
Commons.

Readiusb ‘
merit after
next quin-
queiminl
census.

212

Subsequent
, read;ust-
manta.

Election of
members of
House of
Commons.

Executive
Council.

Seat of Gov-
ernment.

Powers of
Lieutenant
Governor
and Council.

Great Seal.

Legislature.

Legislative
Assembly.

Saskatcheiizan Act.

2. The representation of the said province shall thereafter
he readjusted from time to time according to the provisions of
section 51 of The British North America Act, 1867.(’“)

7. Until the Parliament of Canada otherwise provides,
the qualifications of voters for the election of members of the
House of Commons and the proceedings at and in connection

‘ with elections of such members shall, mutatis mutamlis, be

those prescribed by law at the time this Act comes into force
with respect to such elections in the Northwest Territories.(”’)

8. The Executive Council of the said province shall be
composed of such persons, under such designations, as the
Licutenant—Govcrnor from time to time thinks fit.

9. Unless and until the Lieutenant-Governor in Council
of the said province otherwise directs, by proclamation under
the Great Seal, the seat of government of the said province
shall be at Regina.

10. All powers, authorities and functions which under
any law were before the coming into force of this Act vested
in or exercisable by the Lieutenant—Governor of the Northwest
Territories, with the advice, or with the advice and consent
of the Executive Council thereof, or in conjunction with that
Council or with any member or members thereof, or by the
said Lieutenant—Governcr individually, shall, so far as they
are capable of being exercised after the coming into force of
this Act in relation to the government of the said province,
be vested in and shall or may be exercised by the Lieutenant-
Govcrnor of the said province, with the advice or with the
advice and consent of, or in conjunction with, the Executive
Council of the said province or any member or members thereof,
or by the Licutenant—Governor individually, as the case requires,
subject nevertheless to be abolished or altered by the Legis-
lature of the said province.

11. The Licutcnant—Governor in Council shall, as soon
as may be after this Act comes into force, adopt and provide
a Great Seal of the said province, and may, from time to time
change such seal.

12. There shall be a legislature for the said province
consisting of the Lieutenant—Governor and one House, to be
styled the Legislative Assembly of Saskatchewan.

I 3. Until the said Legislature otherwise provides, the
Legislative Assembly shall be composed of twenty—flve members,

. Q“) ltepreseutation in the House of Commons is governed by section 51 of the
British North America Act, 1867. See also section 51A as enacted by the British
North America Act, 1915.

(W) The qualifications of voters are now fixed by The Saskatchewan Election
Act, chapter 4 of the Revised Statutes of Saskatchewan, 1940.

Saskatchewan Act. 213

to be elected to represent the electoral divisions defined in the
schedule to this Act. (153)

14:. Until the said Legislature otherwise determines, all Election of
the provisions of the law with regard to the constitution of the fis”5‘;‘;”‘f)”1§,°‘
Legislative Assembly of the Northwest Territories and the ‘
election of members thereof shall apply, mutatis mutandis, to
the Legislative Assembly of the said province and the election
of members thereof respectively.

15. The writs for the election of the members of the first W1-its for_
Legislative Assembly of the said province shall be issued by fir“ °1“°“°“’
the Lieutenant-Governor and made returnable within six months
after this Act comes into force.

16. All laws and all orders and regulations made there- Laws, courts
under, so far as they are not inconsistent with anything con— Eggcgffifs
tained in this Act, or as to which this Act contains no provision
intended as a substitute therefor, and all courts of civil and
criminal jurisdiction, and all commissions, powers, authorities
and functions, and all officers and functionaries. judicial, admin-
istrative and ministerial, existing immediately before the coming
into force of this Act in the territory hereby established as the
province of Saskatchewan, shall continue in the said province
as if this Act and The Alberta Act had not been passed; subject,
nevertheless, except with respect to such as are enacted by or
existing 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 said province, according
to the authority of the Parliament or of the said Legislature:
Provided that all powers, authorities and functions which under 1’r0V1’B°-
any law, order or regulation were, before the coming into force
of this Act, vested in or exercisable by any public officer or
functionary of the Northwest Territoiies shall be vested in and
exercisable in and for the said province by like public oificers and
functionaries of the said province when appointed by competent
authority.

1 2. The Legislature of the province may, for all purposes Province.
] affecting or extending to the said province, abolish the Supreme §‘},‘;’;e‘§J’§l‘”h
5 Court of the Northwest Territories, and the oifices, both Court of

l judicial and ministerial thereof, and the jurisdiction, powers N-W-T~

I and authority belonging or incident to the said court: Provided Proviso,

r that, if upon such abolition, the Legislature constitutes a

I superior court of criminal jurisdiction, the procedure in criminal

l

l

J

I

l

matters then obtaining in respect of the Supreme Court of the
Northwest Territories shall, until otherwise provided by com-
petent authority, continue to apply to such superior court,
and that the Governor in Council may at any time and from
time to time declare all or any part of such procedure to be
inapplicable to such superior court.

(W) By section 2 of The Legislative Assembly Actnchapter 3 of the Revised
Statutes of Saskatchewan. 1940, the Legislative Assembly is declared to be composed
of 52 members. It is in 1938 that the number of electoral divisions was decreased
lrom E2 to 49 and the representation reduced from 56 to 52 members (Regina, Saska-

toon and Moose Jaw returning two members each).

214

As to certain
corporations
in N.W.’I‘.

As to joint-
steok com-
panics.

Education.

, .

Subsidy to
province.

Saskatclzewtm Acl.

3. All societies or associations incorporated by or under
the authority of the Legislature of the Northwest Territories
existing at the time of the coming into force of this Act which
include within their objects the regulation of the practice of,
or the right to practice, any profession or trade in the Northwest
Territories, such as the legal or the medical profession, dentistry,
pharmaceutical chemistry and the like, shall continue, subject,
however, to be dissolved and abolished by order of the Governor
in Council, and each of such societies shall have power to arrange
for and effect the payment of its debts and liabilities, and the
division, disposition or transfer of its property.

4. Every jointvstock company lawfully incorporated by or
under the authority of any ordinance of the Northwest Terri-
tories shall bc subject to the legislative authority of the province
of Saskatchewan if

(a) the head office or the registered office of such company

is at the time of the coming into force of this Act
situate in the province of Saskatchewan; and

(II) the powers and objects of such company are such as

might be conferred by the Legislature of the said
province and not expressly authorized to be executed
in any part of the Northwest Territories beyond the
limits of the said provincc.(‘°“)

1’7. Section 93 of the British North America Acl, 1867,
shall apply to the said province, with the substitution for
paragraph (1) of the said section 93, of the following paragraph :——~

“(1) Nothing in any such law shall prejudicially ailect any
right or privilege with respect to separate schools which any
class of persons have at the date of the passing of this Act,
under the terms of chapters 29 and 30 of the Ordinances of
the Northwest Territories, passed in the year 1901, or with
respect to religious instruction in any public or separate school
as provided for in the said ordinances.”

2. In the appropriation by the Legislature or distribution
by the Government of the province of any moneys for the
support of schools organized and carried on in accordance with
the said chapter 29, or any Act passed in amendment thereof
or in substitution therefor, there shall be no discrimination
against schools of any class described in the said chapter 29.

3. Where the expression “by law” is employed in para-
graph (3) of the said section 93, it shall be held to mean the law
as set out in the said chapters 29 and 30; and Where the expression
“at the Union” is employed, in the said paragraph (8), it shall
be held to mean the date at which this Act comes into force.

18. The following amounts shall be allowed as an annual
subsidy to the province of Saskatchewan, and shall be paid by
the Government of Canada, by half—ycarly instalments in
advance, to the said province, that is to say,-

(_1“) The Dominion statute, 1886, 49 V., c. 25, s. 3 amending the North West
jremtorics Act and reproduced in the above Act, R.S.C. 1886, c. 50, s. 11. put in force
in the Territories the laws of England, civil and criminal, as of July 16th, 1870 “so
for as the same are applicable to the Territories,” and not repealed, altered or
affected by subsequent appropriate legislation and the Saskatchewan Aot continued
the laws in effect at the time of its establishment.

Saskatchewan Act.

(a) for the support of the Government and ‘Legislature,
fifty thousand dollars;

(b) on an estimated population of two hundred. and fifty
thousand, at eighty cents per head, two hundred
thousand dollars, subject to be increased as hereinafter
mentioned, that is to say :—~a census of the said prov-
ince shall be taken every fifth year reckoning from
the general census of one thousand nine hundred and
one, and an approximate estimate of the population
shall be made at equal intervals of time between each
quinquennial and decennial census; ‘and whenever the
population, by any such census or estimate, exceeds
two hundred and fifty thousand, which shall~be the
minimum on which the said allowance shall be cal-
culated, the amount of the said allowance shall be
increased accordingly, and so on until the population
has reached eight hundred thousand souls.

I9. Inasmuch as the said province is not in debt, it shall
be entitled to be paid and to receive from the Government of
Canada, by half—yearly payments in advance, an annual sum

‘ of four hundred and five thousand three hundred and seventy~

five dollars, being the equivalent of interest at the rate of five
per cent per annum on the sum of eight million one hundred
and seven thousand five hundred do1lars.(155)

20. Inasmuch as the said province will not have the
public land as a source of revenue, there shall be paid by Canada
to the province by haIf—yearly payments, in advance, an annual
sum based upon the population of the province as from time
to time ascertained by the quinquennial census thereof, as
follows :-

The population of the said province being assumed to be
at present two hundred and fifty thousand, the sum payable
until such population reaches four hundred thousand, shall be
three hundred and seventy-five thousand dollars;

Thereafter, until such population reaches eight hundred
thousand, the sum payable shall be five hundred and sixty«two
thousand five hundred dollars;

Thereafter, until such population reaches one million two
hundred thousand, the sum payable shall be seven hundred and
fifty thousand dollars; ‘

And thereafter the sum payable shall be one million one
hundred and twenty-five thousand dollars.

2. As an additional allowance in lieu of public lands, there
shall be paid by Canada to the province annually by half~
yearly payments, in advance, for five years from the time this
Act comes into force, to provide for the construction of necessary
public buildings, the sum of ninety—three thousand seven
hundred and fifty dollars.

21. All Crown lands, mines and minerals and royalties
incident thereto, and the interest of the Crown in the waters
within the province under The Northwest Irrigation Act, 1898,
shall continue to be vested in the Crown and administered by

0“) Sec B.N.A. Act (1907), c. 11, s. 1, and notes to section 118 of the B.N.A.
Act, 1867.

215

For
government.

In propor-
tion to popu-
lation.

Annual
payment to
pl‘0V1I1ce.

Qompensm
iron to
province for
public lands.

Further com-
pensation.

Property in
lauds, etc.

Division of
assets and
liabilities
between
Alberta and
Saskatche-
wan.

Arbitration.

fiftftt‘.

Provision as
{.00 . .

Co .

Commence

mant of Act.

Saskatchewan Act.

the Government of Canada for the purposes of Canada, subject
to the provisions of any Act of the Parliament of Canada with
respect to road allowances and roads or trails in force imme«
diately before the coming into force of this Act, which shall
apply to the said province with the substitution therein of the
said province for the Northwest Territories.

22. All properties and assets of the Northwest Territories
shall be equally divided between the said province and the
province of Alberta, and the two provinces shall be jointly
and equally responsible for all debts and liabilities of the N orth–
west Territories: Provided that, if any difference arises as to
the division and adjustment of such properties, assets, debts
and liabilities, such difference shall be referred to the arbitrament
of three arbitrators, one of whom shall be chosen by the Lieu~
tenant-Governor in Council of each province, and the third
by the Governor in Council. The selection of such arbitrators
shall not be made until the Legislatures of the provinces have
met, and the arbitrator chosen by Canada shall not be a resident
of either province.

23. Nothing in this Act shall in any way prejudice or
affect the rights or properties of the Hudson’s Bay Company
as contained in the conditions under which that company
surrendered Rupert’s Land to the Crown.

24. The powers hereby granted to the said province shall
be exercised subject to the provisions of section 16 of the contract
set forth in the schedule to chapter 1 of the statutes of 1881,
being an Act respecting the Canadian Pacific Railway Company.

25. This Act shall come into force on the first day of
September, one thousand nine hundred and five.

SCHEDULE.
(Section 13.)

The province of Saskatchewan shall be divided into twenty-
flve electoral divisions which shall respectively comprise and
consist of the parts and portions of the province hereinafter
described.

In the following descriptions Where “meridians between
ranges” and “boundaries of townships” or “boundaries of
sections” are referred to as the boundaries of electoral divisions,
these expressions means the meridians, boundaries of townships,
or boundaries of sections, as the case may be, in accordance
with the Dominion lands system of surveys, and include the
extension thereof in accordance with the said system.

Names and Descriptions of Divisions.

(1) The electoral division of Souris, bounded as follows:—

Commencing at the southeast corner of the said province
of Saskatchewan; thence northerly along the east boundary

Saskatchewan Act.

of the said province of Saskatchewan to the north boundary
of the 6th township; thence westerly along the said north bound-
ary of the 6th townships to the meridian between the 10th and
11th ranges, west of the 2nd meridian; thence southerly along
the said meridian between the 10th and 11th ranges to the
southern boundary of the said province of Saskatchewan;
thence easterly along the said southern boundary of the province
of Saskatchewan to the point of commencement.

(2) The electoral division of Cannington, bounded as
follows :—

Commencing at the intersection of the eastern boundary
of the said province of Saskatchewan by the north boundary
of the 6th township; thence northerly along the said eastern
boundary of the province of Saskatchewan to the north boundary
of the 11th township; thence Westerly along the said north
boundary of the 11th townships to the meridian between the
10th and 11th ranges, west of the 2nd meridian; thence southerly
along the said meridian between the 10th and 11th ranges to
the north boundary of the 6th township; thence easterly along
the said north boundary of the 6th townships to the point of
commencement.

1 (3) The electoral division of Moosomin, bounded as fol-
ows:——

Commencing at the intersection of the eastern boundary
of the said province of Saskatchewan by the north boundary
of the 11th township; thence northerly along the said eastern
boundary of the province of Saskatchewan to the north boundary
of the 19th township; thence westerly along the said north
boundary of the 19th townships to the 2nd meridian; thence
southerly along the said 2nd meridian to the north boundary
of the 11th township; thence easterly along the said north
boundary of the 11th townships to the point of commencement.

(4) The electoral division of Whitewood, bounded as
fo1lows:———

Commcncing at the 2nd meridian where it is intersected
by the north boundary of the 11th township; thence northerly
along the said 2nd meridian to the north boundary of the 20th
township; thence westerly along the said north boundary of
the 20th townships to the meridian between the 4th and 5th
ranges, west of the 2nd meridian; thence southerly along the
said meridian between the 4th and 5th ranges to the north
boundary of the 11th township; thence easterly along the said
north boundary of the 11th townships to the point of com-
menceinent.

1 (5) The electoral division of Grcnfell, bounded as fol-
ows:~

Commencing at the meridian between the 4th and 5th
ranges, west of the 2nd meridian. where it is intersected by the
north boundary of the 11th township; thence northerly along
the said meridian between the 4th and 5th ranges of the north
boundary of.the 20th township; thence westerly along the
said north boundary of the 20th townships to the meridian
between the 6th and 7th ranges, West of the 2nd meridian;

218

Saskatchewan Act.

thence northerly along the said meridian between the 6th and
7th ranges to the north boundary of the 21st township; thence
westerly along the said north boundary of the 21st township
to the meridian between the 7th and 8th ranges, west of the
2nd meridian; thence northerly along the said meridian between
the 7th and 8th ranges to the north boundary of the 22nd
township; thence westerly along the said north boundary of
the 22nd township to the meridian between the 8th and 9th
ranges, west of the 2nd meridian; thence southerly along the
said meridian between the 8th and 9th ranges to the north
boundary of the 11th township; thence easterly along the said
north boundary of the 11th townships to the point of com-
rnencement.

1 (6) The electoral division of Wolselcy, bounded as fol-
ows:-

Commencing at the meridian between the 8th and 9th
ranges west of the 2nd meridian, where it is intersected by the
north boundary of the 11th township; thence northerly along
the said meridian between the 8th and 9th ranges to the north
boundary of the 22nd township; thence westerly along the said
north boundary of the ‘22nd townships to the meridian between
the 10th and 11th ranges, west of the 2nd meridian; thence
southerly along the said meridian between the 10th and 11th
ranges to the north boundary of the 19th township; thence
westerly along the said north boundary of the 19th township
to the meridian between the 11th and 12th ranges west of the
2nd meridian; thence southerly along the said meridian between
the 11th and 12th ranges to the north boundary of the 11th
township; thence easterly along the said north boundary of the
11th townships to the point of commencement.

1 (7) The electoral division of Saltcoats, bounded as fol-
ows:~—

Commencing at the intersection of the eastern boundary
of the said province of Saskatchewan by the north boundary
of the 19th township; thence northerly along the said eastern
boundary of the province of Saskatchewan to the north boundary
of the 311th township; thence westerly along the said north
boundary of ‘the 34th townships to the meridian between the
3rd and rlth ranges, west of the 2nd meridian; thence southerly
along the said meridian between the 3rd and 4th ranges to the
north boundary of the 20th township; thence easterly along the
said north boundary of the 20th townships to the 2nd meridian;
thence southerly along the said 2nd meridian to the north
boundary of the 19th township; thence easterly along the said
north boundary of the 19th townships to the point of com-
mencement.

(8) The electoral division of Yorkton, bounded as fol-
lows:~

Commencing at the meridian between the 3rd and 4th
ranges, west of the 2nd meridian, where it is intersected by the
north boundary of the 20th township; thence northerly along
the said meridian between the 8rd and 4th ranges to the north
boundary of the 34th township; thence westerly along the said
north boundary of the 34th townships to the meridian between

Saskatchewan Act.

the 10th and 11th ranges, west of the 2nd meridian; thence
southerly along the said meridian between the 10th and 11th
ranges to the north boundary of the 22nd township; thence
easterly along the said north boundary of the 22nd townships
to the meridian between the 7th and 8th ranges, west of the 2nd
meridian; thence southerly along the said meridian between the
7th and 8th ranges to the north boundary of the 21st township;
thence easterly along the said north boundary of the 21st town-
ship to the meridian between the 6th and 7th ranges, west of
the 2nd meridian; thence southerly along the said meridian
between the 6th and 7th ranges to the north boundary of the
20th township; thence easterly along the said north boundary
of the 20th townships to the point of commencement.

(9) The electoral division of South Qu’Appelle, bounded
as follows:~———

Commencing at the meridian between the 10th and 11th
ranges, west of the 2nd meridian, where it is intersected by the
southern boundary of the said province of Saskatchewan;
thence northerly along the said meridian between the 10th and
11th ranges to the north boundary of the 11th township; thence
westerly along the said north boundary of the 11th township
to the meridian between the 11th and 12th ranges, west of the
2nd meridian; thence northerly along the said meridian between
the 11th and 12th ranges to the north boundary of the 19th
township; thence westerly along the said north boundary of
the 19th townships to the meridian between the 16th and 17th
ranges, west of the 2nd meridian; thence southerly along the
said meridian between the 16th and 17th ranges to the southern
boundary of the said province of Saskatchewan; thence easterly
along the said southern boundary of the province of Saskatche-
wan to the point of commencement.

(10) The electoral division of North Qu’Appe1le, bounded
as follows :~—

Commencing at the meridian between the 10th and 11th
ranges, West of the 2nd meridian, where it is intersected by the
north boundary of the 19th township; thence northerly along
the said meridian between the 10th and 11th ranges to the
north boundary of the 34th township; thence westerly along
the said north boundary of the 34th townships to the meridian
between the 16th and 17th ranges, west of the 2nd meridian;
thence southerly along; the said meridian between the 16th and
17th ranges to the north boundary of the 19th township; thence
easterly along; the said north boundary of the 19th townships
to the point of commencement.

(11) The electoral division of South Regina, bounded as
follows :——

Commencing at the meridian between the 16th and 17th
ranges, west of the 2nd meridian, where it is intersected by the
southern boundary of the said province of Saskatchewan;
thence northerly along the said meridian between the 16th and
17th ranges to where it is intersected by the centre of the track
of the main line of the Canadian Pacific Railway; thence westerly
along the said centre of the track of the main line of the Canadian
Pacific Railway to where it is first intersected by the north

219

220

Saskatcheaban Act.

boundary of the 17th township; thence westerly along the
said north boundary of the 17th townships to the meridian
between the 23rd and 24th ranges, west of the 2nd meridian;
thence southerly along the said meridian between the 23rd and
24th ranges to the southern boundary of the said province of
Saskatchewan; thence easterly along the said southern boundary
of the province of Saskatchewan to the point of commencement.
Excepting and reserving out of the said electoral division of
South Regina all that portion thereof comprised within the
limits of the city of Regina as incorporated by ordinance of the
Northwest Territories.

(12) The electoral division of Regina City, comprising the
city of Regina as incorporated by ordinance of the Northwest
Territories.

1 (13) The electoral division of Lumsden, bounded as iol—
OWS:—-

Commencing at the meridian between the 16th and 17th
ranges, west of the 2nd meridian, where it is intersected by
the centre of the track of the main line of the Canadian Pacific
Railway; thence northerly along the said meridian between the
16th and 17th ranges to the north boundary of the 34th town-
ship; thence westerly along the said north boundary of the
34th townships to the meridian between the 23rd and 24th
ranges, west of the 2nd meridian; thence southerly along the
said meridian between the 23rd and 24th ranges to the point
where it is first intersected by the east shore of Last Mountain
lake, thence southerly along the said east shore of the said lake
to its intersection with the meridian between the 23rd and 24th
ranges in township 24; thence southerly along the said meridian
between the 23rd and 24th ranges‘ to the north boundary of
the 17th township; thence easterly along the said north boundary
of the 17th townships to where it is first intersected by the
centre of the track of the main line of the Canadian Pacific
Railway; thence easterly along the said centre of the track
of the main line of the Canadian Pacific Railway to the point
of commencement.

(14) The electoral division of‘ Moose Jaw, bounded as
follows:——

Commencing at the meridian between the 23rd and 24th
ranges, west of the 2nd meridian, where it is intersected by
the southern boundary of the said province of Saskatchewan;
thence northerly along the said meridian between the 23rd
and 24th ranges to the point where the said meridian intersects
the east shore of Last Mountain lake in township 24; thence
northerly along the said east shore of Last Mountain lake to
its intersection with the northern boundary of township 26,
thence westerly along the said north boundary of the 26th
townships to ‘the meridian between the 7th and 8th ranges,
west of the 3rd meridian; thence southerly along the said
meridian between 7th and 8th ranges to the southern boundary
of the said province of Saskatchewan; thence easterly along
the said southern boundary of the province of Saskatchewan
to the point of Commencement;~—excepting and reserving out
of the said electoral division of Moose Jaw all that portion

Saskatchewan Act.

thereof comprised within the limits of the city of Moose Jaw
as incorporated by ordinance of the Northwest Territories.

(15) The electoral division of Moose Jaw City, comprising
the City of Moose Jaw as incorporated by ordinance of the
Northwest Territories.

(16) The electoral division of Maple Creek, bounded as
follows:——

Commencing at the meridian between the 7th and 8th
ranges, west of the third meridian, where it is intersected by
the southern boundary of the said province of Saskatchewan;
thence northerly along the said meridian between the 7th and
8th ranges in the north boundary of the 26th township; thence
westerly along the said north boundary of the 26th township
to the western boundary of the said province of Saskatchewan;
thence southerly along the said western boundary of the province
of Saskatchewan to the southern boundary of the said province
of Saskatchewan; thence easterly along the said southern bound-
ary of the province of Saskatchewan to the point of commence-
ment.

1 (17) The electoral division of Humboldt,‘ bounded as fol-
ows:——-

Commencing at the intersection of the eastern boundary
of the said province of Saskatchewan by the north boundary
of the 34th township; thence northerly along the said eastern
boundary of the province of Saskatchewan to the north boundary
of the 42nd township; thence westerly along the said north
boundary of the 42nd townships to the meridian between the
24th and 25th ranges, west of the 2nd meridian; thence southerly
along the said meridian between the 24th and 25th ranges to
the north boundary of the 342th township; thence easterly along
the said north boundary of the 34th townships to the point
of cornrneneeinent.

1 (18) The electoral division of Kinistino, bounded as fol-
ows:—

Commencing at the intersection of the eastern boundary
of the said province of Saskatchewan by the north boundary
of the 42nd township; thence northerly along the said eastern
boundary of the province of Saskatchewan to the north—east
corner of the said province; thence westerly along the northern
boundary of the said province of Saskatchewan to the meridian
between the 24th and 25th ranges, west of the 2nd meridian;
thence southerly along the said meridian between the 24th and
25th ranges to the north limit of the Indian Reserve Chief
Muskoday; thence easterly along the said north limit of the
Indian Reserve Chief Muskorlay to the South Saskatchewan
river; thence along the South Saskatchewan river up stream
to the north boundary of the 45th township; thence easterly
along the said north boundary of the 45th townships to the
meridian between the 24th and 25th ranges, west of the 2nd
meridian; thence southerly along the said meridian between the
24th and 25th ranges, to the north boundary of the 42nd town-
ship; thence easterly along the said north boundary of the 42nd
townships to the point of commencement.

221

222

Saskatchewan Act.

(19) The electoral division of Prince Albert, hounded as
folIows:——

Commencing at the meridian between the 24th and 25th
ranges, west of the 2nd meridian, where it is intersected by the
northern boundary of the said province of Saskatchewan;
thence westerly along the said northern boundary of the province
of Saskatchewan to the meridian between the 5th and 6th
ranges, west of the 3rd meridian; thence southerly along the
said meridian between the 5th and 6th ranges to the north
boundary of the 47th township; thence easterly along the said
north boundary of the 47th townships to the meridian between
the first and 2nd ranges, west of the 3rd meridian; thence south-
erly along the said meridian between the 1st and 2nd ranges
to the north boundary of the 46th township; thence easterly
along the said north boundary of the 46th townships to the
3rd meridian; thence southerly along the said 3rd meridian
to the South Saskatchewan river; thence along the said South
Saskatchewan river down stream to the north limit of the Indian
Reserve Chief Muskoday; thence westerly along the said north
limit of the Indian Reserve Chief Muskoday to the meridian
between the 24th and 25th ranges, west of the 2nd meridian;
thence northerly ‘along the said meridian between the 24th and
25th ranges to the point of commencement; excepting and
reserving out of the said electoral division all those portions
described as follows :-

Firstly, the city of Prince Albert as incorporated by ordin~
ances of the Northwest Territories; and

Secondly, those portions of lots 68, 69, 70, 71, 72, 73, 74,
75, 76, 77,- 78, 79, 80, 81 and 82 of the Prince Albert settle-
ment which lie to the south of the said city of Prince Albert as
incorporated and that portion of the Hudson Bay reserve
outside of and adjoining the said city on the east and south
and which lies to the north of the production in a straight line
easterly of the southern boundary of the said lot 82 in the
Prince Albert settlement; and

Thirdly, fractional sections 13 and 24 in the 48th, township
in the 26th range west of the 2nd meridian.

(20) The electoral division of Prince Albert City, com-
prising:—— .

Firstly, the city of Prince Albert as incorporated by ordin-
ance of the Northwest Territories; and

Secondly, those portions of lots 68, 69, 70, 71, 72, 73, 74,
75, 76, 77, 78, 79, 80, 81 and 82 of the Prince Albert settle-
ment Which lie to the south of the said city of Prince Albert
as incorporated and that portion of the Hudson Bay reserve
outside of and adjoining the said city on the east and south
and which lies to the north of the production in a straight line
easterly of the southern boundary of the said lot 82 in the
Prince Albert settlement; and

Thirdly, fractional sections 13 and 24 in the 48th township
in the 26th range west of the 2nd meridian.

(21) The electoral division of Batoehe, bounded as fol-
lows :—

Commencing at the meridian between the 23rd and 24th
ranges, west of the 2nd meridian, where it is intersected by the

Saskatchewan Act.

north boundary of the 26th township; thence northerly along
the said meridian between the 23rd and 24th ranges to the
north boundary of the 34th township; thence westerly along the
said north boundary of the 34th township to the meridian
between the 24th and 25th ranges, west of the 2nd meridian;
thence northerly along the said meridian between the 24th
and 25th ranges to the north boundary of the 45th township;
thence westerly along the said north boundary of the 45th town-
ships to where it first intersects the South Saskatchewan river;
thence along the said South Saskatchewan river up stream to
the north boundary of the 40th township; thence easterly along
the said north boundary of the 40th townships to the meridian
between the 1st and 2nd ranges, west of the 3rd meridian;
thence southerly along the said meridian between the 1st and
2nd ranges to the north boundary of the 26th township; thence
easterly along the said north boundary of the 26th townships
to the point of commencement.

1 (22) The electoral division of Saskatoon, bounded as fol-
ows:—

Commencing at the meridian between the 1st and 2nd
ranges, west of the 3rd meridian, where it is intersected by the
north boundary of the 26th township; thence northerly along
the said meridian between the 1st and 2nd ranges to the north
boundary of the 40th township; thence westerly along the
said north boundary of the 40th township to the South Saskat-
chewan river; thence along the said South Saskatchewan river
down stream to the north boundary of the 41st township;
thence westerly along the said north boundary of the 41st
townships to the North Saskatchewan river; thence along the
said North Saskatchewan river up stream to the meridian
between the 13th and 14th ranges west of the 3rd meridian;
thence southerly along the said meridian between the 13th
and 14th ranges to the north boundary of the 26th township;
thence easterly along the said north boundary of the 26th
townships to the point of commencement.

1 (23) The electoral division of Rosthern bounded as fol-
ows:——-

Commencing at the north boundary of the 41st township
Where it is intersected by the South Saskatchewan river; thence
along the said South Saskatchewan river down stream to the
3rd meridian; thence northerly along the said 3rd meridian
to the north boundary of the 46th township; thence westerly
along the said north boundary of the 46th township to the
meridian between the 1st and 2nd ranges, west of the 3rd
meridian; thence northerly along the said meridian between
the 1st and 2nd ranges to the north boundary of the 47th
township; thence westerly along the said north boundary of
the 47th townships to the meridian between the 5th and 6th
ranges, west of the 3rd meridian; thence southerly along the
said meridian between the 5th and 6th ranges to the North
Saskatchewan river; thence along the said North Saskatchewan
river up stream to the north boundary of the 41st township;
thence easterly along the said north boundary of the 41st
townships to the point of commencement.

223

Saslcatclzewan Act.

(24) The electoral division of Rcdberry, bounded as fol—
1ows:—— ,
Commencing at the meridian between the 5th and 6th
ranges, west of the 3rd meridian, where it is intersected by the
North Saskatchewan river; thence northerly along the said
meridian between the 5th and 6th ranges, to the northern
boundary of the said province of Saskatchewan; thence westerly
along the said northern boundary of the province of Saskat—
chewan to the meridian between the 13th and 14th ranges,
west of the 3rd meridian; thence southerly along the said
meridian between the 13th and 14th ranges, to the North
Saskatchewan river; thence along the said North Saskatchewan
river down stream to the point of commencement.

(25) The electoral division of Battleford, bounded’ as
foI1ows:—

Commencing at the meridian between the 13th and 14th
ranges, west of the 3rd meridian, where it is intersected by the
north boundary of the 26th township; thence northerly along
the said meridian between the 13th and Mth ranges, to the
northern boundary of the said province of Saskatchewan;
thence westerly along the said northern boundary of the province
of Saskatchewan to the western boundary of the said province
of Saskatchewan; thence southerly along the said western
boundary of the province of Saskatchewan to the north boundary
of the 26th township; thence easterly along the said north
boundary of the 26th townships to the point of commencement.

THE PRINCE EDWARD ISLAND SUBSIDY
ACT, 1912 (160)

2 GEORGE V, CHAPTER 42.

An Act to provide an additional Annual Grant to the
Province of Prince Edward Island.

[Asscnted to 1st April, 1 919.]

His Majesty, by and with the advice and consent of the Senate
and House of Commons of Canada, enacts as follows:——

1. This Act may be cited as The l’rz”rzce Edward Island Shorttitle.

Subsidy Act, 1912.

2. There shall be paid to the province of Prince Edward Annual
Island, in addition to the sums now authorized by law, an §‘;“1’§_tE_1_
annual grant of one hundred thousand dollars, one half of which increased.
shall become payable on the first day of July and one half on
the first day of January in every year, beginning with the first
dayiof July, one thousand nine hundred and twelve.

(W5) See the Provincial Subsidies Act which follows. Item 526 of the Appropria-
tion Act No. 6, chapter 76 of the statutes of 1926-27 reads as follows:—

“526. Amount required to provide for grants to be made to the Provinces of—«

Nova Scotin . . . . . .
New Brunswick…
Prince Edward Island

225

18955–15

Short title.

Subsidy to
New l3runs«
wick in lieu
of export
duty on
lumber.

Subsidy to
Prince
Edward
Island .

Additional.

In settle-
ment of
certain
claims.

THE PROVINCIAL SUBSIDIES ACT.(”7)

‘R.S. 1927, CHAPTER 192.

An Act respecting Subsidies and Allowances to the
Provinces.

SHORT ’l‘1’1‘LE,

1. This Act may be cited as the Provincial Subsidies Act.
R.S., e. 28, s. 1.

FIXED SUBSIDIES.

New Brunswick. (”9)

2. The province of New Brunswick, in consideration of
the Legislature thereof having passed an Act providing for the
repeal of all duties of export on lumber exported from the
Province, shall, so long as no such duties of export are imposed
by the said Legislature, be paid, in addition to the subsidy to
which the Province is entitled, a subsidy at the rate of one
hundred and fifty thousand dollars annually, as indemnity
for the loss of such duties and the right to impose the same.
R.S,, c. 28, s. 2.

Prince Edward I slrmd. (159)

3. To the province of Prince Edward Island, there shall
continue to be paid in addition to all other subsidies and allow-
ances payable to the Province, an annual allowance or subsidy
of twenty thousand dollars, payable half—yearly in advance
on the first days of July and January in each and every year.

2. To the said province of Prince Edward Island, in addi-
tion to all other sums authorized by law, there shall also continue
to be paid an annual allowance of thirty thousand dollars,
payable half~yeai‘ly in advance on the first days of July and
January in each and every year,

3. Such 1ast—mentioned annual allowance shall be paid and
accepted in full settlement of all claims of the Province against
the Dominion of Canada on account of alleged non-fulfilment
of the terms of union between the Dominion and the Province
as respects the maintenance of efficient steam communication
between the Island and the mainland.

(W) See note to section 118 of the B.N.A. Act, 1807, also The B.N.A. Act, 1907,
and also notes (50 and (55).

(1°3)Sec The Maritime Provinces Additional Subsidies Act, 1942 (chapter 14
01 the statutes of Canada, 1942-43).

(W) See note (163) above.

226

Provincial Subsidies.

Manitoba.

227

4. The following amounts shall be allowed as the annual Subsidy to
subsidy to the province of Manitoba, and shall be paid yearly
to the Province, that is to say:—

(<1)
(b)

(6)

For the support of the Government and Legislature,
fifty thousand dollars;

On an estimated population of one hundred and fifty
thousand, at eighty cents per head, one hundred and
twenty thousand dollars, subject to be increased as
hereinafter mentioned, that is to say: a census of the
Province shall be taken in every fifth year, reckoning
from the general census of one thousand eight hun-
dred and eighty—one; and an approximate estimate of
the population shall be made at equal intervals of time
between each quinqucnnial and decennial census; and
whenever the population, by an such census or estimate,
exceeds one hundred and fifty thousand, which shall
be the minimum on which the said allowance shall
be calculated, the amount of the said allowance shall
be increased accordingly, and so on, until the popu~
lation has reached four hundred thousand souls;

As an indemnity for the want of public lands, one ,0

hundred thousand dollars. R.S., c. 28, s. 4.

INTEREST ON DEBT ALLOWANCES.

5. In the accounts between the several provinces of On-
tario, Quebec, Nova Scotia, New Brunswick and British Colum-
bia, respectively, and Canada, the amounts payable to and ooamount
chargeable against the said provinces respectively, in so far “debi-

as they

depend upon the amount of debt with which each

province entered the Union, shall be calculated and allowed

as if

(a)

(b)

in the ease of the provinces of Ontario and Quebec
respectively, the sum fixed by the one hundred and
twelfth section of the British North America Act, 186″/“,
was increased from sixty—two million five hundred
thousand dollars to seventy—three million six hundred
and eighty—eight dollars and eighty-four cents;

in the case of the province of Nova Scotia, the amount
fixed by the one hundred and fourteenth section of
the said Act was increased in the same proportion;

(c) in the case of the province of New Brunswick, the

(01)

amount fixed by the one hundred and fifteenth section
of she said Act, was increased in the same proportion;
an ,

in the case of the province of British Columbia, the
amount upon which it was to receive interest fixed by
or under the terms and conditions on which the prov-
ince was admitted into the Dominion was increased
in the same proportion.

18955—15§-

Manitoba.

For Gov-
ernment, etc.

Read5ust-
ment of

per cazntvz
allowance
according
to census.

Indemnity
r want
of public
lands.

Alloxvanees
to provinces
in relation

228

Auto

Nova Scotia.

Calculation
0! allow-
ances to
Ontario
and Que-
bec and

to Nova
Scotia and
New
Brunswick.

Capital
bearing
interest at
five per
cent.

As_t,o
British _
Columbia
and Prince
Edward
Island .

Increase.

Capital
hearing in-
terest at
live per
cent.

Capital and

specified .

Provincial Subsidies.

2. The increased subsidy to be allowed to the province of
Nova Scotia under this section shall be based upon the sum of
nine million one hundred and eighty—six thousand seven hundred
and fifty—six dollars, as if that sum had been mentioned in the
one hundred and fourteenth section of the British N orth America
Acé,8 1867, instead of the sum of eight million dollars. R.S.,
c. , s. 5.

6. In the accounts between the several provinces and
Canada, the amounts by which the yearly subsidy to each
province was increased by the Act of the Parliament of Canada,
passed in the year one thousand eight hundred and seventy-
thrcc, chapter thirty, as explained with respect to Nova Scotia
by the Act of the said Parliament, passed in the year one thous-
and eight hundred and sevcnty~four, chapter three, shall be
calculated and allowed to Ontario and Quebec jointly, as having
formed the late province of Canada, and to Nova Scotia and
New Brunswick, as if the said Acts had directed that such
increase should be allowed from the day of the coming into
force of the British N0/t/ll Amerz’t’a Act. 1867.

2. The total amount of the half~yearly payments which
would in that case have been made on account of such increase
from the first day of July, one thousand eight hundred and
sixty-sevcn, up to and including the first day of January, one
thousand eight hundred and seventy—thrce, with interest on
each at five per ccntum per annum, from the day on which
it would have been so paid to the first day of July, one thousand
eight hundred and eighty—four, shall be deemed capital owing
to the said provinces respectively, bearing interest at five per
ccntuin per annum, which interest shall be payable to them as
part of their yearly subsidies from Canada. R.S., c. 28, s. 6.

’7. In the accounts between Canada and the provinces of
British Columbia and Prince Edward Island, the amounts
calculated and allowed as the debts of those provinces respec~
tively, on the nineteenth day of April, one thousand eight
hundred and cighty—four, and on which they were then paid
interest by Canada, shall be increased by amounts bearing the
same proportion to the respective populations of the said
provinces, as ascertained by the census of one thousand eight
hundred and eighty-one, as the total of the amounts to be added
under the last preceding section as capital owing to Ontario
and Quebec, Nova Scotia, and New Brunswick, bear to the
combined population of the four last—named provinces, as
ascertained by the said census of one thousand eight hundred
and eighty—onc.

2. The amounts of such increases, as regards the said prov~
iuccs of British Columbia and Prince Edward Island, shall be
deemed capital owing to the said provinces respectively, bearing
interest at the rate of fivc per centum per annum, which interest
shall be payable to them as part of their respective subsidies
from Canada. R.S., c. 28, 7.

8. The amount of the increase of the yearly subsidy and
the capital on which the same is payable to the several provinces

Provincial Subsidies

respectively, under the two last preceding sections shall be as
follows‘:-

Yearlyincrease. – Capital.
To Ontario and Quebec jointly. . . . $269,875 16 $5,397,503 13

Nova Scotia . . . . . . . . . . . . . . . . . . 39,939 68 798,793 45
New Brunswick . . . . . . . . . . . . . . . 30,225 97 604,519 35
British Columbia. . . . . . . . . . . . . . 4,155 89 83,107 88
Prince Edward Island . . . , . . . . . 9,148 68 182,973 78

RS., c. 28, s. 8.
Manitoba.

9. The capital sum on which the province of Manitoba
is entitled to receive half-yearly payments of interest at the
rate of five per centum per annum, as fixed by the Act of the
Parliament of Canada passed in the year one thousand eight
hundred and_ seventy, chapter three, and as readjusted or
increased by any subsequent Act, shall continue to be calculated
on a population of one hundred and twcnty—five thousand
at :1, rate per capita ascertained by dividing the sum of five hundred
and fifty—one thousand four hundred and forty~seven dollars,
by seventeen thousand, which was the estimated population
of the Province under the said Act, the said sum of five hundred
and fifty—one thousand four hundred and forty-seven dollars
being the amount of capital on which the Province was entitled
to receive interest under and by virtue of section twenty~four
of the Act hereinbeforc last cited and chapter thirty of the Acts
of the Parliament of Canada passed in the year one thousand
eight hundred and sevcnty—thrce.

2. The Province shall be charged with such advances as
had, up to the twentieth day of July, one thousand eight
hundred and cighty—{ive, been made to the Province, and with
such expenditure as had been made therein by the Dominion
for purposes of a strictly local character, and with a further
sum of one hundred and fifty thousand dollars, which the
Dominion Government may advance to the Province to meet
the expenditure of constructing a lunatic asylum, and other
exceptional services. 13.8., c. 28, s. 9.

10. The grant of swamp lands and the grant of lands not
exceeding one hundred and fifty thousand acres as an endowment
to the University of Manitoba, authorized by Part I of the
Manitoba Supplementary Provisions Act, and the payments
to the Province of Manitoba horeinbefore authorized, shall be
made as a full settlement of all claims made by the said Province
for the reimbursement of costs incurred in the government of
the disputed territory, or the reference of the boundary question
to the Judicial Committee of the Privy Council, and all other
questions and claims discussed between the Dominion and the
provincial governments, up to the tenth day of January, one
thousand eight hundred and eighty-five. R.S., c. 28, s. 10.

ADVANCES.

1].. The Governor in Council may, in his discretion, ad-
vance, from time to time, to any province of Canada, any sums
required for local improvements in the province, and not

229

Calculation
of aumpn
which _m-
terest. is
payable to
Manitoba
as B\lb3|dy.

Charges
thereon.

Payments
and grant
of lands in
full settle-
ment of
certain
claim 3.

Advances 00
provinces
authorized .

230

Ccnd itions
such
advances.

Provincial Subsidies.

exceeding in the whole the amount by which the debt of the
province for which Canada is responsible then falls short of the
debt with which the province was allowed to enter the Union.
Provided that no such advance shall be made to anyprovince
unless it has been previously sanctioned by an Act of the legis-
lature of that province.

2. Such advances shall be deemed additions to the debt of
the province, and the province may repay them to Canada,
on such notice, in such sums and on such conditions as the
Government of Canada and that of the province agree upon;
and any amount so repaid shall be deducted from the debt of
the province in calculating the subsidy payable to it. RS.,
:3. 28, s. 11.

D ..e

F

THE DOMINION~PROVINCIAL TAXATION
AGREEMENT ACT, 1942.

6 GEORGE VI, CHAPTER 13.

An Act to authorize the Governor in Council to enter into
agreements with the Governments of the Provinces
of Canada respecting the vacation by the provinces
of the personal income and corporation tax fields for
the duration of the war.(”‘’)

[Asscnted to 28th May, 1949.]

VVI-IEREAS the Dominion and the provinces and certain
municipalities have been levying taxes upon incomes and upon
corporations, and it is expedient during the continuation of
the present war and for a certain readjustinent period there-
after that the Dominion only should levy such taxes: Therefore,
His Majesty, by and with the advice and consent of the Senate
and House of Commons of Canada, enacts as follows:——

1. This Act may be cited as The Dom’im’on~P7’om.’ncial
Taxation Agreement Act, 1942.

2. The Minister of Finance, with the approval of the
Governor in Council, may enter into an agreement with the
government of any of the provinces of Canada to provide, in
accordance with and subject to such terms and conditions as
may be set out therein, that the province and its municipalities
shall cease to levy personal income and corporation taxes as
defined in such agreement and subject to such exceptions as
may be set out in such agreement, for the duration of the war
and for a certain re—adjustment period thereafter, and to provide
for the payment of compensation by the Dominion to the
province therefor.

3. The annual amount of such compensation shall be,

(a) in the case of the provinces of British Columbia,
Alberta, Manitoba, Ontario and Quebec, respectively

as follows :—
British Columbia . . . . . . . .512 ,048,367.51
Alberta . . . . . . . . . . . . 4,080,860. 64
Manitoba… . .. 5,054,740.92
Ontario.. .. 28,964,039.54
Quebec . . . . . . . . . . . . . . .. 20,586,071l.56

_ (W) On the second reading of the Bill, that is on the 25th of May, 1942, the
Minister of Finance stated that what the provinces were required to do was to vacate
the personal income and corporation tax fields for the duration of the agrefizmeflfi
which will run one year after the cessation of hostilities unless a pi-ovinrq terininatcs
its agreement sooner, that is at the end oi any fiscal year. See also the dxfierent p1_‘O—-
vincial Acts respecting these agreements, for instance ch. 1 of the Statutes of Ontario,

1042, etc.
231

Preamble,

Short title.

Agreements
withjzhs
Dl’OVlllCOS-

Annual
amount of
compel»
sation.

232 D0mt’m’on-Provincial Tasvaiion Agreement

being an amount in each case calculated as equivalent
to the total revenue obtained by the said provinces
from personal income and corporation taxes during the
fiscal year of each of said provinces and of municipalities
therein ending nearest to the thirty-first day of De-
cember, 19-l-0, which by the terms of the agreement
will cease to be levied; and

(b) in the case of the provinces of Nova Sooiia, New
Brunswick, Prince Edward Island and Saskatchewan,
respectively as follows:

Nova Scotia . . . . . . . . . . . .$ 2,585,308.72
New Brunswick . . . . . . . . . 3,278,574.15
Prince Edward Island. . . 264,769. 94
Saskatchewan . . . . . . . . . . 4,330,471.29

being an amount in each case calculated as equivalent
to the net debt service paid by the province during its
fiscal year ending nearest to December 31, 1940 (not
including contributions to sinking funds) less the
revenues obtained by the province from succession
duties during the said fiscal year:

Proviso. Provided that any arrears of personal income and corporation
taxes collected by a province after the close of its said fiscal
year may, in accordance with and subject to such terms and
conditions as may be set out in the agreement, be deducted
from the annual amount payable to the province and shall be
paid to the province after the termination of the agreement.

Additional 4. The agreement may also provide that in the case of

5”l75‘d’”- the Provinces of Nova Seotia, New Brunswick, Prince Edward
Island, Manitoba and Saskatchewan, the Dominion shall pay
by way of additional subsidy during each year of the term of
the agreement the respective amounts hereinafter set forth:

Nova Scotia . . . . . . . . . . .,$ 325,769.31

New Brunswick. . . . . 371,493.30

Prince Edward Island. . . 437,174.02

Manitoba . . . . . . . . . . . . . . 600, 000.00

Saskatchewan . . . . . . . . . . 1,500,000.00
5. The agreement may also provide, in accordance with
and subject to such terms and conditions as may be set out
lossof therein, that the Dominion shall pay with respect to each
iexienuo year of the term of the agreement to the province the amount
,,f,1,f;;°” by which the net receipts during the said year from the tax
gasoline. imposed by the province on the sale of gasoline are less in each

case than the following amounts:

Nova Scotia . . . . . . . . . . . ,3 2,853,363.82

New Brunswicl; . . . . . . . . . 2,101,072.01

Prince Edward Island. . . 307, 901472

Quebec . . . . . . . . . . . . . . .. 1l,803,248.13

Ontario . . . . . . . . . . . . . . .. 26,608,290.59

Manitoba . . . . . . . . . . . . . . 2,678,148.64

Saskatchewan . . . . . . . . . . 3,397 ,279.42

Alberta . . . . . . . . . . . . . . . . 3,221,975.68

British Columbia . . . . . . 3,763,625.95

Dominion-P7‘0vi71cial Taxation Agreement.

being an amount in each case calculated as equivalent to the
net receipts of the province from the tax imposed by the province
on the sale of gasoline during the fiscal year of the province
ending nearest to December 31 , 1940.

6-. The amounts payable to any province pursuant to an
agreement made under the provisions of this Act or under any
agreement heretofore made within the terms hereof shall be a
charge upon the Consolidated Revenue Fund of Canada and
payable out of any unappropriatecl moneys forming part thereof
and shall be paid at such times and in such manner as may be
set out in the agreement.

7. This Act shall be deemed to have come into force on
the fifteenth day of March; 1942.

18955-15

233

Charge

upon
Consolidated
Revenue
Fund .

Coming into
force‘

THE MARITIME PROVINCES ADDITIONAL
SUBSIDIES ACT, 1942.

6 GEORGE VI, CHAPTER 14.

An Act to provide for the payment of additional subsidies
to the Maritime Provinces.(“1)

Preamble. W}lERFlAS by Order in Council, PO. 505, of the 7th day
of April, 1926, a commission composed of Sir Andrew Rae
Duncan, Kt., His Honour W. B. Wallace, judge of the County
Court, district No. 1, in the province of Nova Scotia, and
professor Cyrus MacMillan of McGill University, (hereinafter
referred to as the “Duncan Commission”), was constituted

R.S, o. 99. under Part I of the Inquifics Act, to inquire into and report
upon certain representations which had been made by the
governments of the Maritime Provinces; and whereas the said
Commission made certain recommendations with regard to the
readjustment of the financial arrangements between the Gov—
ernment of the Dominion and the Governments of the provinces;
and whereas following the report of the said Commission the
Governments of the Maritime Provinces represented to the
Dominion Government that a commission be set up to take
under consideration and deal with the recommendations of the
Duncan Commission that there be a revision of the financial
arrang;emcnts between the Dominion Government and the
Maritime Provinces; and Whereas by Order in Council, P.C.
223], of the 14th day of September, 1934, a commission com-
posed of the Right Honourable Sir Thomas White, K.C.M.G.,
P.C., the Honourable John Alexander Mathicson, Chief Justice
of the Supreme Court of Prince Edward Island, and Edward
Nesbitt, csquire, (hereinafter referred to as the “White Com-

R-Sw G‘ 99- mission”) was constituted under Part I of the Inquiries Act to
take into consideration and deal with the recommendations of
the Duncan Commission that there be a revision of the financial
arrangements between the Dominion Government and the
Maritime Provinces; and whereas the said White Commission
recommended the payment of special additional subsidies to
the Maritime Provinces as a final equitable settlement of the
claims brought before it; and whereas the Governments of the
Maritime Provinces have requested that an Act of Parliament
be passed to implement the recommendations of the said White
Commission: Therefore, His Majesty, by and with the advice

(171) The grants provided in this Act are those which hnd been voted year by
your by 1’:\rlzmnent, pursuant to the findings of two commissions. the Duncan (‘om-
mission and the White Commission. The maritime provinces considered that since
they were foregoing these grants for the period of the agreements mentioned in the
preceding Act, chapter 13 oi the statutes of 1942, they should have some statutory
guarantee that the g-mntsyvould be resumed at the termination of the agreements.
Sea the speech of the Minister of Finance on the 25th day of May, 1942, pages 2749~
2750 of Hansard, session 1942.

234

Mcwiiime Provinces Additional Subsidies

and consent of the Senate and House of Commons of Canada,
enacts as follows :—

1. This Act may be cited as The Maritime Provinces
Additional Subsidies Act, 1942.

2. The following additional annual subsidies shall be paid
half~yesn’ly in advance:

To Nova Seotia . . . . . . . . . . . , . . . . . . .3 1,300,000
To New Brunswick . . . . . . . . . . . . . . , . 900,000
To Prince Edward Island . . . . . . . . . . 275,000

out of any unappropriatcd moneys forming part of the Con»
solidated Revenue Fund ‘of Canada and be a charge thereon:

‘Provided the said subsidies shall not be payable to any such

province while an agreement under the provisions of The
Dominion P7’ovincz’al Taxation Agreement Act, 1942, remains in
force with respect to such province.

18955-165

285

Short title.

Additional
annual
subsidies.

Charge on
Consolidated
Revenue
Fund.

Proviso.

Payable
utter-_ .
termination
of agree-
ments.

1942-43, 0. 13.

Short title.

Authority to
enter into
agreem cut.

Terms.

THE DOMINION~ALBERTA SUPPLEMENTARY
TAXATION AGREEMENT ACT, 1945 (172)

9-10 GEORGE VI, CHAPTER 17.

An Act to authorize the Minister of Finance, with the
approval of the Governor in Council, to enter into an
Agreement with the Province of Alberta to amend the
Agreement entered into with that Province under the
authority of the Dominion-Provincial Taxation Agree-
ment Act, 1942.

[Assented to 18th December, 1.945.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows :—

].. This Act may be cited as The Dominion~AZbe7’ta Supple-
mentary Tewation Agreement Act, 1945.

2. Notwithstanding anything contained in The Dominion-
Proeineial Taxation Agreement Act, 1.942, the Minister of Finance,
with the approval of the Governor in Council, may enter into
an agreement with the Government of the Province of Alberta
to amend the agreement entered into with the Government of
that province pursuant to the said Act dated the thirtieth day
of March, one thousand nine hundred and forty—tWo, to provide

(a) that the annual amount of compensation which the
Dominion agrees to pay to the province under section
ten of the said agreement shall, subject to the deduc~
tions provided in the said section ten and all other
terms and conditions of the said agreement, be the
sum of five million, eight hundred and twenty—seven
thousand, seven hundred and ninety-three dollars and
ninety—four cents, being an amount calculated as
equivalent to the net debt service of the province in
respect of the fiscal period mentioned in paragraph (1))
of section three of the said Act instead of the sum of
four million, eighty thousand, eight hundred and sixty
dollars and sixty—four cents as provided in paragraph
(a) of the said section three as being the amount
calculated as equivalent to the total revenues obtained
by the province from personal and corporation taxes
during the fiscal period mentioned therein;

(171) The Act authorized the Minister of Finance, with the approval of the
Governor in Council, to enter into an agreement with the Province of Alberta to
amend the agreement with tliat province made under The Dominion Prneincial Tea‘-
aiion Ag-reement Act, 1949.

Under the amended agreement the province receives 55.827.793.94 annually
during the currency of the agreement in place of the sum of $4,080,860.64 it previously
received, The sum of $5,827,703.94 represents the amount the province would have
received had it elected to take “the net debt service option” instead of the “tax
receipts option”. The province received also the lump sum of $2,400,000 representing
a fiscal need subsidy of 8600.000 in respect of each of the four fiscal years of the prev-
ince ending in the years 1938 to 1941 inclusive.

The two relevant sections of The Doinivziovz Prozzincial Taxation Agreement Act,
19/,2, are sections three and four.

236

’___i__..r.y.__

237

(b) that the Dominion will pay to the province such addi-
tional amount as would have been payable under the
said agreement during the period in which the said
agreement was in operation prior to the amendment
thereof herein provided for, if the sum first mentioned
in paragraph (a) of this section had, subject as afore-
said, been payable under the said section ten of the
agreement in the place of the sum last mentioned in
paragraph (a) of this section from the time when the
said agreement first came into operation; and

(c) that the Dominion Will pay to the province by way
of additional subsidy the sum of two million four
hundred thousand dollars representing the sums of six
hundred thousand dollars in respect of each of the fiscal
years of the Province ending in the years one thousand
nine hundred and thirty~eight to one thousand nine
hundred and forty—one inclusive.

Payments
out of
QR. Fund.

3. The amounts payable to the Province of Alberta pur-
suant to an agreement made under the provisions of this Act
or under any agreement or Order in Council heretofore made
within the terms hereof shall be a charge upon the Consolidated
Revenue Fund of Canada and payable out of any unappro~
priated moneys forming part thereof at such times and in such
manner as may be set out in the agreement‘

4. This Act shall be deemed to have come into force on Coming
Elie seventh day of June, one thousand nine hundred and forty- ’“‘°f°’°°’
ve. ‘

THE DOMINION-PROVINCIAL TAX RENTAL
AGREEMENTS ACT, 1947

11 GEORGE VI, 1947, CHAPTER 58.

An Act to authorize the Government of Canada to enter
into Agreements with the Governments of the Prov-
inces pursuant to which, in return for compensation,
the Provinces agree to refrain from levying certain
taxes for a limited period.

[Assented to 17th J uly, 1347,]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:-~

sum-t um, I. This Act may be cited as The Domiuion—Prooincz’al Tara
Rovital Agreements Act, 1947.
IN’I‘ERPHE’I‘A.TIOi\T.
igesiiicionsé ” ‘ 2. (1) in this Act, unless the context otherwise requires,
“g‘°°m°”‘ (oi) “agreement” means an agreement entered into under

subsection one of section three of this Act and includes
any amending agreement entered into under subsection
three of the said section; ‘
“statu_t<>ry, (b) “statutory subsidies” means the subsidies payable to
5“b°‘d’°3’ any province, with which an agreement has been en~
tered into, under any of the following enactments :—
(i) The British North America Acts, 1867 to 1946’, and
Orders in Council tliercuiider;
1900) 0- 7- (ii) An Act respecting the construction of a Branch
Railway from Charlottetown to Murray Harbour,
chapter seven of the statutes of 1900 ;

1912. It 32. (iii) The 21/Ianitoba Boundaries Ercternsion Act, 1.91.9,‘
1912. c. 42- (iv) The Prime Edwamol Islaml Subsidy Act, 1912;

R-8., 0- 192» (V) The Provincial Subsidies Act;

1930. or 3- (vi) The Alberta. Natural Resources Act,‘

1980. or 37. (Vii) The Railway Belt and Peace River Block A.ct;

1980. c. 20. (viii) The M aniloba N atural Resources Act;

1930. c. 41. (ix) The Saskatchewan N atural Resources Act; and
194243. c. 15. (X) The M aritimc P’rooi77.ocs Additional Subsidies Act,

1949,‘ and

“VD-1119 Of. 1 (0) “value of gross national product” in any year means
§§§f,s,,&fl3°”“ the total value at market piices of all goods and ser~

vices produced in Canada in the said year for the use of
consumers or for inclusion in new capital and equip~
ment, as estimated by the Dominion Statistician by
adding together the shares of that total value which
represent wages, salaries, incomes received in kind,
incomes of individual enterprise, rents, interest, taxes,
depreciation, profits, and other forms of income, and
by such other methods as are generally recognized as
the accepted statistical techniques for estimating the
said value.

238

(2) For the purposes of an agreement the population of
a Province or of Canada for any year in which a census thereof
was taken means the said population as ascertained by the
census, and for any other year means the said population as
estimated by the Dominion Statistician in such manner as may

be agreed upon.

Aemmmnurrs.

3. (1) The Minister of Finance, with the approval of the
Governor in Council may, on behalf of the Government of
Canada, enter into an agreement with the Government of any‘
of the Provinces of Canada to provide, in accordance with and
subject to such terms and conditions as may be so approved,
that the Government of Canada will pay compensation, not
exceeding the amount hereiiiafter authorized, to the Govern-
ment of the Province if the Government of the Province and
the municipalities in that Province,–~

(zz) refrain from levying personal income taxes, corpora-

tion income taxes and co_rporation taxes as defined in
the agreement in respect of the period of five years
commencing on the first day of January, nineteen
hundred and forty-seven, and ending on the thirty-
first day of December, nineteen hundred and fifty-one,
or any lesser period ending on the said thirty—first day
of December; and

(b) refrain from levying succession duties as defined in

the agreement in respect of successions or transmis-
sions consequent upon, or on property passing upon
any death occurring during the period of five years
commencing on the first day of April, nineteen hundred
and forty—seven, and ending on the thirty—first day of
March, nineteen hundred and fifty—t\vo, or any lesser
period ending on the said thirty—first clay of March.

(2) Notwithstanding anything contained in subsection one
of this section, an agreement may provide that the Government
of the Province may,

(a.) levy or empower a municipality to levy income tax or

corporation income tax on income earned during the
whole or any part of the period mentioned in para-
graph (a) of subsection one derived from mining opera-
tions or on income so earned derived from logging
operations as defined in the agreement;

(12) impose corporation income tax, in such manner as may

be agreed upon, at a rate of five per centurn on income
of corporations earned during the whole or any part
of the period mentioned in paragraph (on) of subsection
one attributable to their operations in that Province,
but in such case provision shall be made in the agree-
ment that there be deducted from the amount of com-
pensation otherwise payable to the Government of the
Province, an amount not less than the amount of the
corporation income tax assessed and collected by or
on behalf of the Government of the Province in respect
of the said income of the said period or part thereof;
and

239

Population

OW _
determined.

Minister of
Finance may
enter into
ugreements
with
provinces.

Further
Dtovlsions.

Terms or
conditions
may be
amended.

Qompensa~

tron payable.

Limitation.

Guaranteed
minimum
annual
amount.

(0) impose succession duties in respect of deaths occurring
during the whole or any part of the period mentioned
in paragraph (b) of subsection one but in such case
provision shall be made in the agreement that there be
deducted from the amount of compensation otherwise
payable to the Government of the Province, an amount
not less than the amount allowed by the Government
of Canada as a deduction from succession duties im-
posed by the Government of Canada on successions
consequent upon the deaths of persons occurring during
the said period or part thereof, in respect of succession
duties paid to the Government of the Province on
successions or transmissions consequent upon, or on
property passing upon the said deaths.

(3) The Minister of Finance, with the approval of the
Governor in Council may, on behalf of the Government of
Canada, enter into an agreement, not inconsistent with the
provisions of this Act, amending the terms or conditions of an
agreement.

4. (1) Subject to subsection two of section three of this
Act, the compensation payable by the Government of Canada
to the Government of a Province under an agreement shall be
an annual amount payable in respect of each of the fiscal years
in respect of which the agreement is entered into, which annual
amount shall not exceed the amount by which

(0.) the guaranteed minimum annual amount herein fixed
for that Province or,

(1)) the adjusted annual amount calculated as hereinafter
provided with reference to the said guaranteed mini»
mum annual amount for that Province, _

whichever is greater, exceeds the amount payable by the Govern-
ment of Canada to the Government of that Province in respect
of statutory subsidies during the fiscal year in respect of which
the annual amount of compensation is payable.

(2) The amount of compensation payable by the Govern-
ment of Canada to the Government of a Province under an
agreement in respect of a part of a year shall not exceed that
proportion of the amount that would have been payable in
respect of the whole of the year, if the agreement had been
entered into with respect to the Whole of the year, that the
part of the year is of the whole of the said year.

(3) The guaranteed minimum annual amount of compen-
sation payable under an agreement with the Government of a
Province shall not exceed the respective amounts and in respect
to the several named Provinces, as follows :~

Alberta . . . . . . . . . . . . . . . . . . . . . .3 14,227,882
British Columbia . . . . . . . . . . . . . . 18,120,124
Manitoba . . . . . . . . 13,540,038
New Brunswick . . , , . . . . . . . . . . . 8,773,420
Nova Scotia. 10,870,140
Ontario . . . . . . . . . . i . . . 67,158,027
Prince Edward Island . . . . . . . . . 2, 100,000
Quebec . . . . . . . . . . . . . . . . . . . . . . 56,382,127
Saskatchewan . . . . . . . . . . . . . . . . 15 , 291, 490.

241

(4) The adjusted annual amount payable under an agree- Ad5“§f°d

annu

ment with the Government of any Province shall not exceed amount,

the amount that is the average of amounts for each of the three
calendar years immediately preceding the fiscal year in respect
of which payment is to be made, the amount for each such
calendar year being the greater of the two following amounts,
namely,—-
(0,) the guaranteed minimum annual amount for that
Province fixed herein or
(b) the amount that is the product of the guaranteed mini-
mum annual amount for that “Province, multiplied by
the product obtained by multiplying
(i) the ratio that the value of the gross national
product per capita in that calendar year bears
to the said value in the calendar year nineteen
b hundred and forty—two
Y
(ii) the ratio that the population of that Province
for the calendar year bears to the said popu-
lation for the calendar year nineteen hundred
and forty~two,
the said ratios to be computed as provided in the
agreement.

5. An agreement may provide that, in addition to any
other amount payable thereunder, there will he paid to the
Government of a Province that was a party to a wartime tax
agreement entered into under The Dom2’nion—P7*ovincial Taxation
Agreement Act, 1942, which wartime tax agreement terminated
prior to the thirty—first day of March, nineteen hundred and
forty—seven, additional payments in respect of the period begin~
ning on the day following the termination of the wartime tax
agreement and ending on the said thirty-first day of March, in
an aggregate amount not exceeding the proportion of the
guaranteed minimum annual amount for that Province fixed
herein that is the same as the proportion that the number of
months between the date of termination of the wartime tax
agreement and the said thirty—first day of March, is of twelve.

CORPORA’1‘ION INCOME TAX COLLECTION AGREEMENTS.

6. (1) Notwithstanding anything contained in the Income
War ’1‘a.r Act, the Minister of National Revenue may with the
approval of the Governor in Council, on behalf of the Govern-
ment of Canada, enter into an agreement on such terms and
conditions as may he agreed upon, with a Minister of the Crown
in the Government of a Province that has entered into an agree-
ment under subsection one of section three, to provide for the
collection by officers and employees of Canada, without charge
to the Government of the Province, of corporation income taxes
mentioned in paragraph ( b ) of subsection two of section three
of this Act levied by the Government of the Province.

(2) An agreement entered into under this section may
provide that a payment collected by ofliccrs and employees of
Canada from a corporation on account of tax on income of the
corporation of any taxation year in respect of which it is liable to

Additional
payments.

I942»-13, o. 13.

Agreement
res ectimz
col ootion of
corporation
and income
taxes by
employees of
Canada.

Collection

on account

of both in .
certain 1’fl.i’/I0. .

242

R.S., c. 97.

Payments

to provinces.

Payments
respectin
Income ax
on specified

corporations.

Limitation.

tax under the I ncomc War Tax Act and under legislation enacted
by the Government of a Province as provided by an agreement
entered into under subsection one of section three of this Act,
either on account of tax under the said Act or on account of tax
under the said legislation, shall as between the Government of
Canada and the Government of the Province be deemed to be
paid on account of both of the said taxes in the ratio which the
tax finally assessed therefor under the said Act bears to the tax
finally assessed therefor under the said legislation, irrespective
of whether the corporation appropriated the payment to either
tax in whole or in part.

(3) Any amounts collected by officers and employees of
Canada pursuant to this section under legislation enacted by
the Government of the Province, shall be paid to the Govern~
ment of the Province on whose behalf the moneys were collected
at such times and under such terms and conditions as may be
agreed upon.

SHARE or INCOME TAX on SPECIFIED CORPORATIONS.

7. (1) Subject to the provisions of this section, theMinister
of Finance may, at such time or times as he may determine, pay
to the Government of each Province, amounts hereinafter speci~
fled, in respect of income tax collected from corporations whose
main business is the distribution to or generation for distribu~
tion to the public of electrical energy, gas or steam in respect
of income of the corporations derived from the said distribution
or generation in the province to which payment is made during
the whole or any part of the period commencing on the first day
of January, nineteen hundred and for-ty—seVen, and ending on
the thirty-first day of December, nineteen hundred and fifty-
one.

(2) The amount that may be paid by the Minister of
Finance under this section in respect of income tax collected
on income of any taxation year of a corporation shall not exceed
the amount remaining after deducting from such amount as is
determined by the Minister of National Revenue to be one-half
of the said tax collected on that part of the said income that was
derived from distribution to or generation for distribution to
the public of electrical energy, gas or steam in the Province to
which payment is made, the following arnounts:-

(:2) the amount by which any royalties and rentals of a
class that were payable by the corporation on the first
day of July, nineteen hundred and for-ty—seven, paid
by the corporation to the Government of the Province
during the taxation year, exceed the amount that would
have been so payable during that taxation year if the
rates in force on that date were in force during the
taxation year;

(11) the amount of any other royalties and rentals paid
by the corporation to the said Government during the
said taxation year; and

( c ) the amount of all taxes and fees paid by the corpora-
tion to the Government of the Province or to a muni-
cipality in the Province during the said taxation year

that in the opinion of the Minister of National Revenue
are attributable to the distribution to or generation
for distribution to the public by the corporation of
electrical energy, gas or steam, and of all taxes or fees
imposed on the use or consumption of electrical energy,
gas or steam collected by the corporation during the
taxation year on behalf of the said Government or of
a municipality which in the opinion of the said Minister
are not part of a sales tax of general application:
Provided that there shall not be required to be de-
ducted under this paragraph any amount in respect of
(i) taxes on net income or gross revenues or
receipts of the corporation levied by the
Province or a municipality in accordance with
the terms of an agreement entered into under
section three of this Act between the Govern-
ment of the Province and the Government of

Canada, or
(ii) any other taxes or fees (not including taxes on
net income or gross revenues or receipts of the
corporation or on use or consumption afore-
said collected as aforesaid) that may be levied
by a province or municipality under the
terms of any agreement entered into under
the said section three between the Govern-
ment of any Province and the Government

of Canada.

(3) The Minister of National Revenue may, for the pur-
poses oi this section, determine whether the main business of
a corporation is the distribution to or generation for distribu—
tion to the public of electrical energy, gas or steam and the
proportion of the income of corporation in any taxation year
that is derived from such distribution or generation in any
Province.

(4) For the purposes of this section distribution to or
generation for distribution to the public by a corporation of
electrical energy, gas or steam does not include distribution
or generation for distribution to,

(a) another corporation controlled by the first mentioned

corporation; .

(11) another corporation that controls the first mentioned

corporation; or

(a) another corporation that is controlled by persons who

control the first mentioned corporation.

(5) Where part only of a taxation year of a corporation
falls within the period mentioned in this section, the amount
payable in respect of that part of the taxation year shall be that
proportion of the amount that might be payable for the whole
of the taxation year computed in accordance with the preceding
subsections of this section, that the number of days in the said
part of the taxation year is of the number of days in the taxation
year.

243

Proviso.

Discretion
of Minister.

Certain
distribution
and genei 3-
tion not
included .

Proportionate
amounts
payable.

Amount
payable a
charge upon
Consolidated
Revenue
Fund .

Payments
under
section 5.

(6) For the purposes of this section, a person is deemed
to contrcla corporation if he owns more than fifty per centum
of the shares of the corporation that have full voting rights in
all circumstances.

APPROPRIATION.

8. (1) The amount payable to the Government of any
Province pursuant to an agreement or that may be payable
under section seven of this Act, shall be a charge upon the
Consolidated Revenue Fund of Canada and may be paid out
of any unappropriated moneys forming part thereof at such
time and in such manner as may be set out in the agreement
or otherwise as the Minister of Finance may determine.

(2) Any payment made under the authority of section five
of this Act shall be accounted for and charged as an expenditure
during the fiscal year ending on the thirty~first day of March,
nineteen hundred and forty—sevcn.

BOUNDARIES
PAGE

The Ontario Boundaries Extension Act (1912) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 246

The Quebec Boundaries Extension Act, 1912 ‘ . . . . . . . , . . . . . , . . . . . i . . . . ‘ . . . . . . . . 248

The Quebec Boundaries Extension Act, 1912 (Amendment Act) . . . i . . i . . . . . . . . . . . 250

The Manitoba Boundaries Extension Act, 1912 . . . . , , . . . . . . . ‘ . . ‘ . , . . . ‘ . . . . . . . . . 251

The Manitoba Boundaries Extension Act, 1930 . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 255

The AIberta—British Columbia Boundary Act, 1932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
24 5

Preamble.

Short title.

13 oundarics
extended .

U.K. 1889,
c. 28.

THE ONTARIO BOUNDARIES EXTENSION
ACT.

2 GEORGE V, CHAPTER 40.

An Act to extend the Boundaries of the Province of
Ontario. (173)

[Assented to 1.96 April, 1919.]

VVHEREAS, on the thirteenth day of July, one thousand
nine hundred and eight, the House of Commons resolved that
the limits of the province of Ontario should be increased by
the extension of the boundaries of the province so as to include
the territory hereinafter described, as in the said resolution
is more particularly set out, upon such terms and conditions
as may be agreed to by the Legislature of Ontario and by the
Parliament of Canada: Therefore, subject to the consent of
the said Legislature, His Majesty, by and with the advice and
coréseiit of the Senate and House of Commons of Canada, enacts
as o ows:—

1. This Act may be cited as The Ontario B07/.mla7’z‘es
Extension Act.

2. The limits of the province of Ontario are hereby in-
creased so that the boundaries thereof shall include, in addition
to the present territory of the said province, the territory
bounded and described as follows:——Commencing at the most
northerly point of the western boundary of the province of
Ontario as determined by “The Canada (Ontario Boundary)
Act, 1889,” chapter 28 of the statutes of 1889 of the United
Kingdom (the said westerly boundary being the easterly bound-
ary of the province of Manitoba); thence continuing due north
along the same meridian to the intersection thereof with the
centre of the road allowance on the twelfth base line of the
system of Dominion Land Surveys; thence north—casterly in a
right line to the most eastern point of Island lake, as shown in
approximate latitude 53° 30’ and longitude 93° 40’ on the railway
map of the Dominion of Canada, published, on the scale of
thu-ty—five miles to one inch, in the year one thousand nine
hundred and eight, by the authority of the Minister of the
Interior; thence northeasterly in a right line to the point where
the eighty—nintl1 meridian of west longitude intersects the
southern shore of Hudson bay; thence easterly and southerly
following the shore of the said bay to the point where the
northerly boundary of the province of Ontario as established
under the said Act intersects the shore of James bay; thence

(W) Sea The Canada (Ontario Boundary) Act, 1889, chapter 28 of the statutes
of 1889 of the United Kingdom, also The British North America Act, 1871 (ch. 28)
which declared that the Parliament of Canada may from time to time, with the
consent of the legislature of any province, increase, diminish or otherwise alter the
limits of such province.

216

Boundaries of Ontario.

westward along the said boundary as established by the said
Act to the place of commencement; and all the land embraced
by the said description shall, from and after the commencement
of this Act, he added to the province of Ontario, and shall,
from and after the said commencement, form and be part
of the said province of Ontario, upon the following terms and
conditions and subject to the following provisions :—

(a) That the province of Ontario will recognize the rights
of the Indian inhabitants in the territory above de-
scribed to the same extent, and will obtain surrenders
of such rights in the same manner, as the Government
of Canada has heretofore recognized such rights and
has obtained surrender thereof, and the same province
shall bear and satisfy all charges and expenditure in
connection with or arising out of such surrenders;

(b) That no such surrender shall be made or obtained
except with the approval of the Governor in Council;

(0) That the trusteeship of the Indians in the said terri-
tory, and the management of any lands now or here-
after reserved for their use, shall remain in the Govern~
ment of Canada subject to the control of Parliainent.

.__\

3. Nothing in this Act shall in any way prejudice or affect
the rights or properties of the Hudson’s Bay Company as
contained in the conditions under which that company sur-
rendered Ruperts Land to the Crown.

4-. This Act shall come into force on a day to be fixed by
proclamation of the Governor in Council in The Canada Gazette,
but such proclamation shall not he made until after the Legis-
lature of Ontario shall have consented to the increase of the
limits of the province herein provided for, and agreed to the
terms, conditions and provisions aforesaid.

‘ 247

Indian
rights in
new
territory.

Surrendera.

Trusteeship.

Hudson’s Bay
Co. rights
preserved.

Cornmenr:e«
ment of
Act.

Consent of
Ontario
legislature.

Preamble.

Short title,

Boundaries
extended.

1898. c. 3.

THE QUEBEC BOUNDARIES EXTENSION
ACT, 1912.

2 GEORGE V, CHAPTER 45.

An Act to extend the Boundaries of the Province of
0uebec.(1“)

[Assented to 1st April, 1912.]

Wnnnnns on the thirteenth day of July, one thousand nine
hundred and eight, the House of Commons resolved that the
limits of the province of Quebec should be increased by the
extension of the boundaries of the province northwards so as
to include the territory hereinafter described, as in the said
resolution is more particularly set out, upon such terms and
conditions as may be agreed to by the Legislature of Quebec
and by the Parliament of Canada: Therefore, subject to the
consent of the said Legislature, His Majesty, by and with
the advice and consent of the Senate and House of Commons
of Canada, enacts as follows z——

1. This Act may be cited as The Quebec Boundaries E.»-
tcnsion Act, 1912.

‘ 2. The limits of the province of Quebec are hereby in-
creased so that the boundaries thereof shall include, in addition
to the present territory of the said province, the territory
bounded and described as follows:-—Co1nmencing at the point
at the mouth of East Main river Where it empties into James
bay, the said point being the western termination of the nor-
thern boundary of the province of Quebec as established by
chapter 3 of the statutes of 1898, intituled An Act respecting
the north—weste7’n, northern and north-eastern boundaries of the
promlnee of Quebec; thence northerly and easterly along the
shores of Hudson bay and Hudson strait; thence southerly,
easterly andnortherly along the shore of Ungava bay and the
shore of the said strait; thence easterly along the shore of the
said strait to the boundary of the territory over which the
island of Newfoundland has lawful jurisdiction; thence south~
easterly along the westerly boundary of the said last mentioned
territory to the middle of the Bay du Rigolet or Hamilton
Inlet; thence westerly along the northern boundary of the
province of Quebec as established by the said Act to the place
of commencement; and all the land embraced by the said
description shall, from and after the commencement of this
Act, be added to the province of Quebec, and shall, from and
after the said commencement, form and be part of the said
province of Quebec upon the following terms and conditions
and subject to the following provisions :-—

(174) See The British North America Act, 1871 (referred to in the preceding
note), also chapter 3 of the statutes of 1898, and also chapter 6 of the statutes of
Quebec, 1898.

248

Iiomixlaries of Quebec.

[( a ) That the population of the territory hereby added to the
province of Quebec shall be excluded in ascertaining the
population of the said province for the purposes of any
readjustment of representation of the other provinces con-
sequent upon any census;

(1)) That in the general census of the population of Canada
which is required to be taken in the year one thousand
nine hundred and twenty-one and in every tenth year
thereafter the population of the territory hereby added
to the province of Quebec shall be distinguished from that
of the said province as heretofore constituted, and the
representation of the said territory in the House of Com-
mons shall be determined according to the rules enacted
by section 51 of “The British North America Act, 1867,”
regulating the representation of the provinces other than
Quebec;] (175)

(C) That the province of Quebec will recognize the rights
of the Indian inhabitants in the territory above
described to the same extent, and will obtain surrenders
of such rights in the same manner, as the Government
of Canada has heretofore recognized such rights and
has obtained surrender thereof, and the said province
shall bear and satisfy all charges and expenditures in
connection with or arising out of such surrenders;

(d) That no such surrender shall be made or obtained
except with the approval of the Governor in Council;

( e ) That the trustecship of the Indians in the said terri-
tory, and the management of any lands now or here-
after reserved for their use, shall remain in the Govern-
ment of Canada subject to the control of Parliament.

3. Nothing in this Act shall in any way prejudice or affect
the rights or properties of the Hudson’s Bay Company as
contained in the conditions under which that company sur-
rendered Ruperts Land to the Crown.

4-. This Act shall come into force on 9. day to be fixed by
proclamation of the Governor in Council published in The
Canada Gazette, but such proclamation shall not be made until
after the Legislature of Quebec shall have consented to the
increase of the limits of the province herein provided for, and
agreed to the terms, conditions and provisions aforesaid.

(175) Pm-agmphs (2) and (b) of section two have been repealed by section one
of chapter 29 of the statutes of 1946 which follows imniediately.

249

Popul atiqn
as affecting.
representa-
tion.

Population
under
decenninl
census.

Paragraphs
(a) and (la)
repealed by
1946, 0. 29.

B.N.A. Act,
e. 51.

Indian
rights of
NEW.
territory.

surrenders.

Trusteeship.

Ilud son’s
BIIY Co.
rights
preserved.

Commonco
ment of
Act.

Consent of
Quebec
legislature.

1012, or 454

I’nl‘£\;{|‘8phS
repealed .

Coming
into force.

10 GEORGE VI, CHAPTER 29.

An Act to amend The Quebec Boundaries Extension
Act, 1912.076)

[Assented to 26th July, 1946.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows :——

1. Para_graphs (41) and (1)) of section two of The Quebec
Boundaries Erctension Act, 1919, el1apterforty~five of the stalmtes
of 1912, are repealed.

2. This Act shall come into force on a day to be fixed
by proclamation of the Governor in Council published in the
Canada Gazette, but such proclamation shall not be made until
the Legislature of Quebec agrees to the said repeal of para-
graphs ((1) and (b) of section two of the said Act.

(W) The paragraphs repealed read as {o]io\vs:—-

“(a) That the 1)opul9.i:i0n oi the territory hereby added to the province of Quebec
shall be excluded in aseerteininzg the population of the said province for the
purposes of any reudjusbmenb of representation of the other provinces conse-
quent upon any census;

“(b) That in the general census of the population of Canada which is required
to be taken in the year one tlmusund nine hundred and twenty-one and in
every tenth your tliereaiter tho poyuiation of the territory hereby added
go the province of Quebec shall be distinguished from that oi the said prov-
ince as heretofore constituted, and the representation of the said territory
in the House of Commons shall be determined according to the rules enacted
by section 51 of “The British North America Act, 1867,” regulating the
reprmsentation of the provinces other than Quebee;”

250

THE MANITOBA BOUNDARIES EXTENSION
ACT, 1912.

2 GEORGE V, CHAPTER 32.

An Act to provide for the extension of the Boundaries
of the Province of Manitoba.

[Assenicd to 1st April, 1912.]

WHEREAS, on the thirteenth day of July, one thousand nine
hundred and eight, the House of Commons resolved that the
limits of the province of Manitoba should be increased by the
extension of the boundaries of the province northward to the
sixtieth parallel of latitude and north—eastward to the shores
of Hudson Bay, as in the said resolution is more particularly
set out, upon such terms and conditions as may be agreed to
by the Legislature of Manitoba and by the Parliament of
Canada;

And whereas it is desirable that the financial terms applic-
able to the said province, as altered by the increase of territory,
aforesaid, should be on. a basis of substantial equality with the
financial terms enjoyed by each of the provinces of Saskatchewan
and Alberta under The Saskatchewan Act and The Alberta Act,
respectively, inasmuch as the areas of these respective provinces
is approximately equal to that of the province of Manitoba as
by this Act increased, and inasmuch as each of the said three
provinces at the time of its establishment as a province was
Without public debt, and inasmuch as the Crown lands, mines
and minerals and royalties incident thereto in the province of
Manitoba are, as is the case in the other two said provinces,
vested in the Crown and administered by the Government
of Canada for the purposes of Canada: Therefore, subject to
the consent of the Legislature of Manitoba, His Majesty, by
and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows :—~

SHORT TITLE.

1. This Act may be cited as The Manitoba Bounclemzs
Extension Act, 1912.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,-

(a) “the province” means the province of Manitoba;

(b) “the Government” means His Majesty the King acting
in respect of the Dominion of Canada by and through
the Governor General in Council.

251

Preamble.

1905, c. 42.
1905, 0. 3.

Short title.

Interpreta-
tron.

“pi-evince.”

‘ ‘Govern-
ment. ”

252

Boundaries
extended.

U.K., 1880,
c. 28.

Annual pay< ment to [)X’OVIDC9« Boundaries of Manitoba. BOUNDARIES. 3. The limits of the province are hereby increased so that the boundaries of the province shall be as follows: Commencing where the sixtieth parallel of north latitude intersects the western shore of Hudson Bay; thence westerly along the said parallel of latitude to the northeast corner of the province of Saskatchewan; thence southerly along the easterly boundary of the province of Saskatchewan to the international boundary dividing Canada from the United States; thence easterly along the said international boundary to the point where the said international boundary turns due north; thencc north along the said international boundary to the most northerly point thereof at or near the northwest angle of the Lake of the Woods; thence continuing duo north along the westerly boundary of the province of Ontario, by virtue of “The Canada (Ontario Boundary) Act, 1889,” chapter 28 of the statutes of 1889 of the United Kingdom, (the said westerly boundary being the easterly boundary of the province of Manitoba) to the most northerly point of the said boundary common to the two prov- inces under the said Act; thence continuing due north along the same meridian to the intersection thereof with the centre of the road allowance on the twelfth base line of the system of Dominion Land Surveys; thence northeasterly in a right line to the most easterly point of Island Lake, as shown in approx- imate latitude 53° 30’ and longitude 93° 40’ on the railway map of the Dominion of Canada published, on the scale of thirty—five miles to one inch, in the year one thousand nine hundred and eight, by the authority of the Minister of the Interior; thence northcastcrly in a right line to the point where the eightyninth meridian of west longitude intersects the southern shore of Hudson Bay; thence westerly and northerly following the shores of the said Bay to the place of commence- ment; and all the land embraced by the said description not now within the province of Manitoba, shall, from and after the commencement of this Act, he added thereto and the whole shall, from and after the said commencement, form and be the province of Manitoba. FINANCIAL PROVISIONS. 4-. Inasmuch as the province was not in debt at the time the province was established, it shall be entitled to be paid and to receive from the Government of Canada, by half—yearly payments in advance on the first day of January and July in each year an annual sum of three hundred and eighty—one thousand five hundred and eighty-four dollars and nineteen cents, being the equivalent of interest at the rate of five per cent per annum on the sum of seven million six hundred and thirty~onc thousand six hundred and eighty—three dollars and eighty—five cents, the difference between a principal sum of eight million, one hundred and seven thousand five hundred dollars and the sum of four hundred and scventy—fivc thousand eight hundred and sixteen dollars and fifteen cents heretofore advanced by the Government to the province for provincial purposes. Boundaries of Manitoba. 2. This section shall be held to have come into force on the first day of July, one thousand nine hundred and eight, and shall have effect as if the first half-yearly payment thereunder was due to be made on that date. 3. There shall be deducted from the aggregate of the sums payable under this section at the commencement of this Act all sums received on and after the first day of July, one thousand nine hundred and eight, by the province from the Government by way of interest on capital allowance in lieu of debt. 5. Inasmuch as under the provisions of this Act the province will not have the public land as a source of revenue, there shall, subject to the provisions hereinafter set out, be paid out by the Government to the province, by half—yearly payments in advance, on the first days of January and July in each year, an annual sum based upon the population of the province as from time to time ascertained by the quinqiicnnial census thereof, as follows:——~ The population of the province being assumed to be on the first day of July, nineteen hundred and eight, over four hundred thousand, the sum payable until such population reaches eight hundred thousand shall be five hundred and sixty—two thousand five hundred dollars; Thereafter until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 2. Section 1 of chapter 50 of the statutes of 1885 is repealed, and all lands (known as swamp lands) transferred to the province under the said section 1, and not sold by the province prior to the time at which the terms and conditions of this Act have been agreed to by the Legislature of the province, shall be re- transfcrred to the Government. A 3. The sums payable to the province under subsection 1 of this section shall be subject to a deduction at the rate of five per cent per annum upon the difference between the aggre- gate of the sums for which the said swamp lands were sold by the province and the aggregate of the sums from time to time charged to the province by the Government in connection with the selection, survey and transfer of such lands and of the sums expended by the province which may be fairly chargeable to the administration and sale of such swamp lands. 4. The difference referred to in the next preceding sub- section shall be determined by the Governor in Council after audit on behalf of the Government. 5. The sums payable to the province under subsection 1 of this section shall also be subject to a deduction by reason of the allotment of land, to the extent of one hundred and fifty thousand acres, granted as an endowment to the University of Manitoba under section 2 of chapter 50 of the statutes of 1885, to Wit, to a deduction of five per cent per annum upon the sum of three hundred thousand dollars. Commence- ment of section . Deduction of interest on capital allowance. Compensn.~ tion to province for public lands. 1885, o. 50 amended. Transfer of swamp lands to Govern- mozi t. Deduction respecting swamp lands. Determine- tion of amount. Deduction respecting lands granted to Manitoba University . 254 Commence- ment of payments under s s. 1. D eductions respecting indemnity in lieu of public lands. Allowance for provincial public buildings. Crown lands. minerals and waters. Senate representa- tion . Boundaries of Manitoba. 6. This section shall be held to have come into force, in so far as the provisions directing and affecting the half—yearly payments in advance under subsection 1 of this section are concerned, on the first day of July, nineteen hundred and eight, and shall have efieet as if the first ha1f—yearly payment there- under was due to be made on that date. 7. There shall be deducted from the aggregate of the sums payable under the next preceding subsection at the commence- ment of this Act all sums received on and after the first day of July, nineteen hundred and eight, by the province from the Government on account of indemnity in lieu of public lands. 8. As an additional allowance in lieu of public land, there shall be paid by the Government to the province, one-half on the first day of July, nineteen hundred and twelve, and one-half on the first day of July, nineteen hundred and thirteen, to assist in providing for the construction of necessary public buildings, two hundred and one thousand seven hundred and twenty—three dollars and fifty—seven cents, a sum equal to the difference between the total payments made by the Government to each of the provinces of Saskatchewan and Alberta, under The Saskatchewan Act and The Alberta Act, respectively, for the like purposes and the sums already paid by the Government on account of the construction of the Legislative Buildings and the Government House at Winnipeg. RIG HTS or enowu. 6. All Grown lands, mines and minerals and royalties incident thereto in the territory added to the province under the provisions of this Act, and the interest of the Crown under The Irrigatiovi Act in the waters within such territory, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force imme- diately before thc coming into force of this Act. REPRESENTATION IN THE SENATE. 7. The province shall continue to be represented in the- Senate of Canada by four members; provided that such repre- sentation may, after the completion of the decennial census of’ June, nineteen hundred and eleven, be from time to time» , increased to six by the Parliament of Canada. Commence- ment of Act. COMMENCEMENT OF ACT. 8. This Act shall come into force on a day to be fixed by proclamation of the Governor in Council published in The- Canada Gazette, but such proclamation shall not be made until: after the Legislature of Manitoba shall have consented to the increase of the limits of the province herein provided for, and! agreed to the terms, conditions and provisions aforesaid. THE MANITOl3A BOUNDARIES EXTENSION ACT, 1930. 20-21 GEORGE V, CHAPTER 28. An Act to provide for the extension of the boundary of the Province of Manitoba in the Northwest Angle Inlet of Lake of the Woods. [Assentcd to 10th April, 1930.] WHEREAS in and by virtue of Article I of the Treaty between His Britannia Majesty in respect of the Dominion of Canada and the United States of America for the further demarcation of the boundary between Canada and the United States of America, signed at Washington on the twenty-fourth day of February, 1925, the two parcels of land hereinafter described, situate, lying and being in the Northwest Angle Inlet of Lake of the Woods became the property of Canada; And whereas the said parcels of land are situate within the boundaries of lands added to the Province of Manitoba by the Manitoba Boundaries Extension Act, 1919. And whereas in pursuance of section three of The British North /lmerica Act, 1871, the Legislature of the Province of Manitoba has passed an Act, entitled, “An Act to provide for the extension of the Boundary of the Province of Manitoba in the Northwest Angle Inlet of Lake of the Woods,” being chapter three of the Statutes of 1928, consenting to the increase in the limits of the said province; And whereas it is expedient that the said parcels of land be added to and form part of the Province of Manitoba; Therefore His Majesty, by and with the advice and consent éifnthe Senate and House of_ Commons of Canada, enacts as o ows:- 1. This Act may be cited as The Manitoba Bonndawies Eartcnsion Act, 1930. 2. The pieces or parcels of land hercinbefore mentioned and more particularly described in the Schedule hereto, shall from and after the passing of this Act be added to and form part of the Province of Manitoba. SCHEDULE. PARCEL A. All and Singular, that certain piece or parcel of land covered by water, situate, lying and being in the Northwest Angle Inlet of Lake of the Woods and particularly described as follows: Commencing at a point, the second intersection from the south of the meridian through International Boundary Monument 255 Preamble. Short title. Boundaries extended. 256 Manitoba Bo1mda7’ies Extension. number nine hundred and twenty—five with the middle thread of the Northwest Angle Inlet of Lake of the Woods, said point being north two thousand nine hundred and four feet, more or less, of said International Boundary Monument number nine hundred and twenty-five, thence due north along the said meridian four hundred and seventy feet, more or less, to the third intersection from the south of the said meridian with the said middle thread of the said Northwest Angle Inlet of Lake of the Woods, thence following the sinuosities of the said middle thread of the said Northwest Angle Inlet of Lake of the Woods southerly a distance of seven hundred feet, more or less, to the place of beginning, containing by admeasurement two acres, be the same more or less. PARCEL B. All and Singular, that certain piece or parcel of land covered by water, situate, lying and being in the Northwest Angle Inlet of Lakelof the Woods and particularly described as follows: Commencing at a point, the fourth intersection from tliesouth of the meridian through International Boundary Monument number nine hundred and twenty—five with the middle thread of the Northwest Angle Inlet of Lake of the Woods, said point being north three thousand seven hundred and twenty feet, more or less, of said International Boundary Monument number nine hundred and twenty—five, thence due north along the said meridian two hundred and ninety feet, more or less, to the fifth intersection from the south of the said meridian with the said middle thread of the said Northwest Angle Inlet of Lake of the Woods, thence following the sinuosities of the said middle thread of the said Northwest Angle Inlet of Lake of the Woods southerly a distance of three hundred and twenty~five feet, more or less to the place of beginning, containing by admeasure- ment one half a_cre, be the same more or less. THE ALBERTA-BRITISH COLUMBIA BOUNDARY ACT, 1932. 22-23 GEORGE V, CHAPTER 5. An Act respecting the Boundary between the Provinces of Alberta and British Columbia.(“7) [Asscnted to 4th April, 1932.] WHEREAS by Order in Council P.C. 337, approved on the eighteenth day of February, 1913, an invitation was extended by the Government of the Dominion of Canada to the Govern- ments of the Provinces of Alberta and British Columbia to participate in the joint survey of the boundary line between the Province of Alberta and the Province of British Columbia; And whereas the said invitation was accepted by the Govern- ment of the Province of Alberta by Order in Council No. 534-13, approved on the sixteenth day of June, 1913, and by the Govern- ment of the Province of British Columbia by Order in Council No. 812, approved on the second day of June, 1913; And whereas by Order in Council approved on the eleventh day of July, 1913, J. N. Wallace, D.L.S., was appointed Boundary Com- Inissioner to represent the Dominion on the joint survey of the boundary line, and whereas by Order in Council, approved on the twentieth day of September, 1915, R. W. Cautley, D.L.S., was appointed Boundary Commissioner to represent the Dominion in the place of the said J. N. Wallace; And whereas A. 0. Wheeler, B.C.L.S., as Commissioner for the Province of British Columbia, with the said J. N. Wallace, as Commissioner for the Dominion up to the twentieth day of September, 1915, and the said R. W. Cautley, as Commissioner for the Province (W) The object of this Act was to ratify and confirm the boundary as surveyed and marked upon the ground by the Intci-provincial Boundary Commission between the Provinces of Alberta and British Columbia as the true boundary, whether or not the same increased, diminished or otherwise altered the territory of the respective Provinces. The Commission carried on the survey of the Bound continuously from 1013 to 1924, at which time the Rocky Mountain section oi the oundary had been com- pleted, together with 252 miles oi the 120th Meridian survey to 27. point in Latitude 57” 26’ 40′. At this point the Government decided to discontinue the survey for the time being, there being about 174 miles of the 120th Meridian still to be surveyed through uninhabited and unproductive country. The work of the Commission was done in such a way as to earn the complete confidence in its technical accuracy of the Surveyors General of the Dominion and British Columbia and thc Director of Surveys for Alberta. The report of the Commission, including an Atlas of Maps, was issued in three parts, signed copies of which were transmitted to the Governments of Alberta. and British Columbia, as Well as being oi record in the Topographical Survey of the Department oi the Interior. The object of the survey was not only to delimit the Boundary on the ground but also to establish the surveyed Boundary as the true and unalterablo Boundary between the two Provinces according to law so that no possible dispute in regard to its position can arise in the future. _ Acts were passed by the Legislatures of Alberta and British Columbia consent- D1‘: to the confirmation of this Boundary by the Parliament of the Dominion. Alberta, 1931, c. 6; British Columbia, 1931. c. 8. , 257 18955-17 Preamble. B.C., 1931. c. 8; Alberta, 1931. 0. 6. 258 Alberta-British Columbia Boundary. of Alberta and, after the twentieth day of September, 1915, for the Dominion as well, did subsequently enter upon the Work of the joint survey of the said boundary line and did complete the same in or about the year 1924 from the Inter- national Boundary on the forty-ninth parallel of north latitude, northerly to a point on the one hundred and twentieth meridian of west longitude in or about latitude north fifty~seven degrees, twenty—six minutes, and forty and twenty-five one hundredths seconds; And whereas the said Commissioners have made due report of their said survey, and have caused the line indicating the boundary between the said Provinces to the extent afore- said to be surveyed and marked upon the ground and to be duly laid down upon maps signed by them as such Commis- sioners, which said reports and maps have been printed and copies thereof deposited in the office of the Surveyor—General of the Dominion in the Department of the Interior; And whereas by section three of The Emit-[sir N orih America Act, 1871 , it was enacted that the Parliament of the Dominion of Canada may from time to time, with the consent of the Legislature of any Province of the Dominion, increase, diminish or otherwise alter the limits of the Province, upon such terms and conditions as may be agreed upon by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby; And whereas the said Provinces have given their consent, by Acts of their respective Legislatures passed in the year nineteen hundred and thirty-one, to the establishment of the above mentioned boundary line, and it is expedient that the said line so surveyed, marked and laid down should be established to the extent aforesaid as the boundary line between the Province of Alberta and the Province of British Columbia: Therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:— short title, 1. This Act may be cited as The AlbertorB7’z’tish Columbia Boundary Act, 1932. Boundary 2. The_line so surveyed, marked and laid down in the 1“‘°- manner referred to in the preamble to this Act, to the extent thereof, is hereby declared to be the boundary line between the Province of Alberta and the Province of British Columbia, whether or not the same increases, diminishes, or otherwise alters the territory of either Province. NATURAL RESOURCES PAGE The Alberta Natural Resources Act, 1930 . , . . . . . i . , . . , . . . . . . . . . , . . . . . . , . . . . . . . 260 The Alberta Natural Resources Act, N o. 2 (1931) . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 The Natural Resources Transfer (Amendment) Act, 1941 . . . . . . . . . . . . . . . . . . . . . . . 272 The Alberta Natural Resources Transfer (Amendment) Act, 1945 . . . . . . . . . . . . . . . . 276 The Railway Belt and Peace River Block Act (1930) . . . . . . . . . , . . . . . . . . . . . . . . . . . 286 The Manitoba Natural Resources Act (1930) . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 295 The Manitoba Natural Resources Transfer (Amendment) Act, 1948 . . . . . , l . . . . . . . 307 The Saskatchewan i\‘atural Resources Act (1930) . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . 311 The Saskatchewan l\’aturnl Resources Act, No. 2 (1931) . . . . . . . . . . . . . . . . . . . . , . . . 320 The Saskatchewan Natural Resources Act, No. 3 . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . 322 The Refunds (Xatural Resources) Act (1932) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 The Natural Resources Transfer (Amendment) Act, 1938 . , . . . , . . . . . . . . . . . . . . . . . 326 259 18955-175 Short title‘ Agreement confirmed . Proviso . THE ALBERTA NATURAL RESOURCES ACT. 20-21 GEORGE V, CHAPTER 3. An Act respecting the transfer of the Natural Resources of Alberta. [Assented to 50th M ay, 1.930.] HIS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:— A 1. This Act may be cited as The Alberta Natural Resources ct. 2. The agreement set out in the schedule hereto is hereby approved, subject to the proviso that, in addition to the rights accruing hereunder to the province of Alberta, the said province shall be entitled to such further rights, if any, with respect to the subject matter of the said agreement as are required to be vested in the said province in order that it may enjoy rights equal to those which may be conferred upon or reserved to the province of Saskatchewan under any agreement upon a like subject matter hereafter approved and confirmed in the same manner as the said agreement. SCHEDULE. MEMORANDUM OF AGREEMENT. Made this fourteenth day of December, 1929, BETWEEN THE GOVERNMENT on THE DOMINION or CANADA, repre» sented herein by the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, Of the first part, AND THE GOVERNMENT 01% THE PROVINCE OF ALBERTA, repre— sented herein by the Honourable John Edward Brown» lee, Premier of Alberta, and the Honourable George I-Ioadley, Minister of Agriculture and Health, Of the second part. Whereas by section tWenty~one of The Alberta Act, being chapter three of four and five Edward the Seventh, it was provided that “All Grown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the Waters within the province under The Northwest Iwrigatian Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, 260 Alberta Natural Resources. subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North-west Territories”; And Whereas it is desirable that the Province should be placed in a position of equality with the other provinces of Confederation with respect to the administration and control of its natural resources as from its entrance into Confederation in 1905; And Whereas it has been agreed between Canada and the said Province that the provisions of The Alberta Act should be modified as herein set out; Now Therefore This Agreement Witnesseth: Tmmsrnn or PUBLIC LANDS GENERALLY. 1. In order that the Province may be in the same position as the original Provinces of Confederation are in virtue of section one hundred and nine of the British N orth America Act, 1867, the interest of the Crown in all Crown lands, mines, minerals (precious and base) and royalties derived therefrom within the Province, and all sums due or payable for such lands, mines, minerals or royalties, shall, from and after the coming into force of this agreement and subject as therein otherwise provided, belong to the Province, subject to any trusts existing in respect thereof, and to any interest other than that of the Crown in the same, and the said lands, mines, minerals and royalties shall be administered by the Province for the purposes thereof, subject, until the Legislature of the Province otherwise provides, to the provisions of any Act of the Parliament of Canada relating to such administration; any payment received by Canada in respect of any such lands, mines, minerals or royalties before the coming into force of this agreement shall continue to belong to Canada whether paid in advance or otherwise, it being the intention that, except as herein otherwise specially provided, Canada shall not be liable to account to the Province for any Payment made in respect of any of the said lands, mines, minerals or royalties before the coming into force of this agreement, and that the Province shall not be lifable to account to Canada for any such payment made there- a ter. 2. The Province will carry out in accordance with the terms thereof every contract to purchase or lease any Crown lands, mines or minerals and every other arrangement whereby any person has become entitled to any interest therein as against the Crown, and further agrees not to affect or alter any term of any such contract to purchase, lease or other arrangement by legislation or otherwise, except either with the consent of all the parties thereto other than Canada or in so far as any legislation may apply generally to all similar agree- ments relating to lands, mines or minerals in the Province or E1? interests therein, irrespective of who may be the parties creto. 262 Alberta Natural Resources. 3. Any power or right, which, by any such contract, lease or other arrangement, or by any Act of the parliament of Canada relating to any of the lands, mines, minerals or royalties hereby transferred or by any regulation made under any such Act. is reserved to the Governor in Council or to the Minister of the Interior or any other officer of the Government of Canada, may be exercised by such oflicer of the Government of the Province as may, be specified by the Legislature thereof from time to time and until otherwise directed, may be exercised by the Provincial Secretary of the Province. 4. The Province will perform every obligation of Canada arising by virtue of the provisions of any statute or order in council or regulation in respect of the public lands to be administered by it hereunder to any. person entitled to a grant of lands by way of subsidy for the construction of railways or otherwise or to any railway company for grants of lands for right of way, road bed, stations, station grounds, work—shops, buildings, yards, ballast pits or other appurtenances. 5. The Province will further be bound by and will, with respect to any lands or interests in lands to which the I-Iudson’s Bay Company may be entitled, carry out the terms and con- ditions of the Deed of Surrender from the said Company to the Crown as modified by the Domi.’nt’an Lands Act and the Agreement dated the 23rd day of December, 1924, between His Majesty and the said Company, which said Agreement was approved by Order in Council dated the 19th day of December, 1924 (RC. 2158), and in particular the Province will grant to the Company any lands in the Province which the Company may be entitled to select and may select from the lists of lands furnished to the Company by the Minister of the Interior under and pursuant to the said Agreement of the 23rd day of December, 1924, and will release and discharge the reservation in patents referred to in clause three of the said agreement, in case such release and discharge has not been made prior to the coming into force of this agreement. Nothing in this agreement, or in any agreement varying the same as herein~ after provided, shall in any way prejudice or diminish the rights of the IIudson’s Bay Company or affect any right to or interest in land acquired or held by the said Company pur- suant to the Deed of Surrender from it to the Crown, the Dominion Lands Act or the said Agreement of the 23rd day of December, 1924. SCHOOL LANDS FUND AND Scnoon LANDS. 6. Upon the coming into force of this agreement, Canada will transfer to the Province the money or securities constituting that portion of the school lands fund, created under sections twenty—two and twenty—three of The Act to amend and consolidate the several Acts respecting Public Lands of the Dominion, being chapter thirty-one of forty~two Victoria, and subsequent statutes, which is derived from the disposition of any school lands within the Province or within that part of the Northwest Territories now included within the boundaries thereof. 7. The School Lands Fund to be transferred to the Province as aforesaid, and such of the school lands specified in section Alberto. N atuml Resources. thirtynseven of the Dominion Lands Act, being, chapter one hundred and thirteen of the Revised Statutes of Canada, 1927, as pass to the administration of the Province under the terms hereof, shall be set aside and shall continue to be administered by the Province in accordance, mutatis mutandis, with the pro- visions of sections thirty—seven to forty of the Dominion La//ids Act, for the support of schools organized and carried on therein in accordance with the law of the Province. WATER. 8. Canada agrees that the provision contained in section four of the Dominion Water Power Act, being chapter two hundred and ten of the _Revised Statutes of Canada, 1927, that every undertaking under the said Act is declared to be a work for the general advantage of Canada, shall stand repealed as from the date of the coming into force of this agreement in so far as the- same applies to undertakings within the Province; nothing in this paragraph shall be deemed to affect the legislative competence of the Parliament of Canada to make hereafter any declaration under the tenth head of section ninety—two of the British North America Act, 1867. FISHERIES. 9. Except as herein otherwise provided, all rights of fishery shall, after the coming into force of this agreement, belong to and be administered by the Province, and the Province shall have the right to dispose of all such rights of fishery by sale, licence or otherwise, subject to the exercise by the Parliament of Canada of its legislative jurisdiction over sea~coast and inland fisheries. INDIAN Rmsmcvns. 10. All lands included in Indian reserves within the Prov- ince, including those selected and surveyed but not yet confirmed, as well as those confirmed, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, and the Province will from time to time, upon the request of the Superintendent General of Indian Affairs, set aside, out of the unoccupied Crown lands hereby transferred to its administration, such further areas as the said Superintendent General may, in agreement with the appropriate Minister of the Province, select as necessary to enable Canada to fulfil its obligations under the treaties with the Indians of the Province, and such areas shall thereafter be administered by Canada in the same way in all respects as if they had never passed to the Province under the provisions hereof. 11. The provisions of paragraphs one to six inclusive and of paragraph eight of the agreement made between the Govern- ment of the Dominion of Canada and the Government of the Province of Ontario on the 24th day of March, 1924, which said agreement was confirmed by statute of Canada, fourteen and fifteen George the Fifth chapter forty—eight, shall (except 264 Alberta N atural Resources. so far as they relate to the Bed of Navigable Waters Act) apply to the lands included in such Indian reserves as may hereafter be set aside under the last preceding clause as if the said agree- ment had been made between the parties hereto, and the pro- visions of the said paragraphs shall likewise apply to the lands included in the reserves heretofore selected and surveyed, except that neither the said lands nor the proceeds of the disposition thereof shall in any circumstances become administrable by or be paid to the Province. 12. In order to secure to the Indians of the Province the continuance of the supply of game and fish for their support and subsistence, Canada agrees that the laws respecting game in force in the Province from time to time shall apply to the Indians within the boundaries thereof, provided hovvevor, that the said Indians shall have the right, which the Province hereby assures to them, of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have a right of access. Sowmn SETTLEMENT LANDS. 13. All interests in Crown lands in the Province upon the security of which any advance has been made under the pro- visions of the Soldier Settlement Act, being chapter 188 of the Revised Statutes of Canada, 1927, and amending Acts, shall continue to be vested in and administered by the Government of Canada for the purposes of Canada. NATIONAL PARKS. 14. The parks mentioned in the schedule hereto shall continue as national parks and the lands included therein, as the same are described in the orders in council in the said schedule referred to (except such of the said lands as may be hereafter excluded therefrom), together with the mines and minerals (precious and base) in each of the said parks and the royaltiesincident thereto, shall continue to be vested in and administered by the Government of Canada as national parks, but in the event of the Parliament of Canada at any time declaring that the said lands or any part thereof are no longer required for park purposes, the lands, mines, minerals (precious and base) and the royalties incident thereto, specified in any such declaration, shall forthwith upon the making thereof belong to the Province, and the provisions of paragraph three of this agreement shall apply thereto as from the date of such declaration. 15. The Parliament of Canada shall have exclusive legis- lative jurisdiction within the Whole area included within the outer boundaries of each of the said parks notwithstanding that portions of such area may not form part of the park proper; the laws now in force within the said area shall continue in force only until changed by the Parliament of Canada or under its authority, provided, however, that all laws of the Province now or hereafter in force, which are not repugnant to any law Alberta Natural Resources. or regulation made applicable within the said area by or under the authority of the Parliament of Canada, shall extend to and be enforceable within the same, and that all general taxing acts passed by the Province shall apply within the same unless expressly excluded from application therein by or under the authority of the Parliament of Canada. 16. The Government of Canada will introduce into the Parliament of Canada such legislation as may be necessary to exclude from the parks aforesaid certain areas forming part of certain of the said parks which have been delimited as including the lands now forming part thereof which are of substantial commercial value, the boundaries of the areas to be so excluded having been heretofore agreed upon by representatives of Canada and of the Proyince, and the Province agrees that upon the exclusion of the said areas as so agreed upon, it will not, by works outside the boundaries of any of the said parks, reduce the flow of water in any of the rivers or streams within to same to less than that‘ which the Minister of the Interior may deem necessary adequately to preserve the scenic beauties of the said parks. Snnn GRAIN, E’re., LIENS. 17. Every lien upon any interest in any unpatented land passing to the Province under this agreement, which is now held by Canada as security for an advance made by Canada for seed grain, fodder or other relief, shall continue to be vested in Canada, but the Province will, on behalf of Canada, collect the sums due in respect of such advances, except so far as the same are agreed to be uncollectible, and upon payment of any such advance, any document required to be executed to dis- charge the lien may be executed by such oflicer of the Province as may be authorized by any provincial law in that behalf; the Province will account for and pay to Canada all sums belonging to Canada collected hereunder; subject to such deduction to meet the expenses of collection as may be agreed upon between the Minister of the Interior and the Provincial Secretary or such other Minister of the Province as may be designated in that behalf under the laws thereof. GENERAL RESERVATION T0 CANADA. 18. Except as herein otherwise expressly provided, nothing in this agreement shall be interpreted as applying so as to affect or transfer to the administration of the Province ((1) any lands for which Crown grants have been made and registered under the Lands Titles Act of the Province and of which His Majesty the King in the right of His Dominion of Canada is, or is entitled to become the registered owner at the date upon which the agreement comes into force, or (b) any ungranted lands of the Crown upon which public money of Canada has been expended or which are, at the date upon Which this agree- ment comes into force, in use or reserved by Canada for the purpose of the federal administration. 18955—~18 265 266 Alberta Natural Resources. Hxsromc SITES, Bmn Ssncronmns, Ere. 19. The Province will not dispose of any historic site which is notified to it by Canada as such and which Canada undertakes to maintain as an historic site. The Province will further continue and preserve as such the bird sanctuaries and public shooting grounds which have been already estab- lished and will set aside such additional bird sanctuaries and public shooting grounds as may hereafter be established by agreement between the Minister of the Interior and the Pro- vincial Secretary or such other Minister of the Province as may be specified under the laws thereof. FINANCIAL TERMS. 20. In lieu of the provision made by subsection one of section twenty of The Alberta Act, Canada will, from and after the date of the coming into force of this agreement, pay to the Province by half-yearly payments in advance, on the first days of January and July in each year, an annual sum based upon the population of the Province as from time to time ascertained by the quinquennial census thereof, as follows: The sum payable until the population of the said Proyince reaches eight hundred thousand shall be five hundred and sixty—two thousand five hundred dollars; Thereafter, until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be one million one hundred and twenty—five thousand dollars. 21. If at the date of the coming into force of this agreement any payment has been made under subsection one of section twenty of The Alberta. Act in respect of any.half-year com- mencing before but terminating after the said date, a propor- tionate part of the payment so made shall be taken as having been made under the provisions hereof. 22. It is agreed that the Honourable W. F. A. Turgeon, a Judge of the Court of Appeal of Saskatchewan, Charles M. Bowman, of the ‘Town of Waterloo, in the Province of Ontario, Esquire, Chainnan of the Board of Directors of the Mutual Life Assurance Companyof Canada, and Fred E. Osborne, Esquire, Mayor of the City of Calgary, or, if any of the foregoing cannot act, then such other person or persons as may be agreed upon, will be appointed commissioners under Part One of the Inquimes Act to enquire and report whether any, and, if any, what consideration, in addition to the sums provided in para- graph twenty hereof, should be paid to the Province in order that the Province may be placed in a position of equality with the other Provinces of Confederation with respect to the admin- istration and control of its natural resources as from its entrance Alberta Natural Resources. into Confederation in 1905, such commissioners to be empowered to decide what financial or other considerations are relevant to the enquiry, and the report to be submitted to the Parliament of Canada and to the Legislature of Alberta; and if by the said report, the payment of any additional consideration is recommended, then, upon agreement between the Governments of Canada and of the Province following the submission of such report, the said Governments will respectively introduce the legislation necessary to give efiect to such agreement. RECORDS. 23. Canada will, after the coming into force of this agree- ment, deliver to the Province from time to time at the request of the Province the originals or complete copies of all records in any department of the Government of Canada relating exclusively with dealings with Crown lands, mines and minerals, and royalties derived therefrom within the Province, and will give to the Province access to all other records, documents or entries relating to any such dealings and permit to be copied by the Province any of the documents required by it for the effective administration of the Crown lands, mines, minerals and royalties. AMENDMENT or AGREEMENT. 24. The foregoing provisions of this agreement may be varied by agreement confirmed by concurrent statutes of ,the Parliament of Canada and the Legislature of the Province. WHEN AGREEMENT COMES INTO FORCE. 25. This agreement is made subject to its being approved by the Parliament of Canada and by the Legislature of the Province of Alberta, and shall take effect on the first day of the calendar month beginning next after the day upon which His Majesty gives His Assent to an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland confirming the same. In Witness Whereof the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, have hereunto set their hands on behalf of the Dominion of Canada, and the Honourable John Edward Brownlee, Premier of Alberta, and the Honourable George Hoadley, Minister of Agriculture and Health thereof, Rage hereunto set their hands on behalf of the Province of erta. 18955——18>)’

267

\ Alberta Natural Resources.

Signed on behalf of the Govern-
ment of Canada by the Honour-
able Ernest Lapointe, Minister
of Justice, and the Honourable
Charles Stewart, Minister of
tlfle Interior, in the presence
0

O. M. BIGGAR.

Signed on behalf of the Province
of Alberta. by the Honourable
John Edward Brownlee, Prom
ier of the said Province, and
the Honourable George Hoad-
ley, Minister of Agriculture
and Health thereof, in the
presence of

J. F. LYMBURN.

ERNEST LAPOINTE.

CHAS. STEWAW1‘.

J. E. BROWNLEE,

G130. HOADLEY.

SCHEDULE.

Pam:-s.

Bufialo . . . . . . . . . . . . . . . . . . . .P.C.
1’.C.
R0.

R0.
R0
RC
Elk Island . . . . . . . . . …. . . . .P.C
P.C
Jasper . . . . . . . . . . . . . . . . . . . . .P.C
R0
R0.
P.C
P.C
13.0
P.C
Nemiskam . . . . . . . . . . . . . . . . .P.C.

463, 7th March, 1908.
1306, 5th June, 1909.
646, 27th March, 1918.

2842, 26th November, 1920.
. 498, 31st March, 1924.
. 408, 19th March, 1925.

. 646, 27th March, 1913.
. 377, 20th February, 1922.

. 1323, 14th September, 1907.
. 1068, 18th May, 1909.

1388, 8th June, 1911.

. 1165, 24th June, 1914.

. 637, 7th April, 1927.

. 158, 6th February, 1929.
. 159, 6th February, 1929.

1134, 31st May, 1922.

Alberta Natural Resources. 269
SOHEDULE—Conc1uded

PARKs——C’oncluded

Rocky Mountains . . . . . . . . . . .PC. 2197, 25th November, 1885-
P.C. 1891, 23rd July, 1892.

. . 1338, 8th June, 1911.
. 2594, 18th September, 1917.
. 158, 6th February, 1929.

O

Wawaskesy. .. . . . . . . . . . . . .. . 1134, 31st May, 1922.
1621, 301311 May, 1895.
. 1338, 8th June, 1911.

. 1165, 24th June, 1914.
. 1298, 20th April, 1921.
. 2556, 20th July, 1921.

WatertonLakes………….

2498, 18th December, 1922.
. 408, 141211 Ma1‘eh, 1925.

. 634, 30th April, 1926.

. 1444, 24th September, 1927.

Wood Buffalo Reserve. . . . . . . .

tfiifilfiw zvrsrswrv 9:: g-sew
0009 oooogu ‘o co

1930. 13.3.

Short title.

A””§$$§§‘

con

THE ALBERTA NATURAL RESOURCES ACT,
No. 2.

21-22 GEORGE V, CHAPTER 15.
An Act to amend The Alberta Natural Resources Act.

[Asscnted to 8rd August, 1981.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:—

1. This Act may be cited as The Alberta Natural Ifiesources
Act, No. 2, and The Alberta Natural Resources Act, chapter three
of the statutes of 1930 (first session), and this Act may be cited
together as The Alberta Natural Resources Acts.

2. The agreement set out in the schedule hereto is hereby
confirmed and shall take effect according to its terms.

SCHEDULE.
MEMORANDUM OF AGREEMENT.
Made this 29th day of July, 1930.

BETWEEN
THE GOVERNMENT or THE DOMINION or CANADA, repre-
sented herein by the Honourable Charles Stewart,
Minister of the Interior,
Of the first part,

AND

THE Govnnmmwr or run Pnovmon or ALBERTA, repre-
sented herein by the Honourable John Edward Brown~
lee, Premier of Alberta,

Of the second part.

Whereas by paragraph 24 of the agreement made between
the parties hereto on the 14h day of December, 1929, it was
agreed that the provisions of the said agreement might be
varied by agreement confirmed by concurrent statutes of the
Parliament of Canada and the Legislature of the Province;

And Whereas it was further provided by certain clauses of
the said agreement, more particularly paragraphs 1, 6, 8, 9,
18, 20, 21 and 23, that the relations of the parties thereto should
be altered as in the said agreement specified from and after
the date of the coming into force thereof, and the date upon
which it was then contemplated that it should come into force,

270

Alberta Natural Resources.

as defined by paragraph 25, has now been ascertained as being
the 1st day of August, 1930;

And Whereas the Government of the Province has re-
quested that the presently existing powers and rights of each
of the parties should continue without alteration until the
1st day of October, 1930, and the parties hereto have agreed

accordingly:
Now Therefore This Agreement Witnesseth That:

1. Notwithstanding anything in the said agreement con-
tained, any expression therein contained which defines a date
by reference to which the powers or rights of either of the
parties are to be altered shall be read as referring to the 1st
day of October, 1930, instead of the 1st day of August in that
year.

2. The Government of Canada will recommend to Parlia-
ment and the Government of the Province of Alberta will
recommend to the Legislature of the said Province such legis-
lation as may be necessary to give effect to this agreement.

In Witness Whereof the Honourable Charles Stewart,
Minister of the Interior, has hereunto set his hand on behalf
of the Dominion of Canada, and the Honourable John Edward
Brownlee, Premier of Alberta, has hereunto set his hand on
behalf of the said Province.

Signed on behalf of the Govern-
ment of Canada by the Honour-
able Charles Stewart, Minister
of the Interior, in the presence

of
W. W. CORY.

CHAS. STEWART.

Signed on behalf of the Province
of Alberta by the Honourable
John Edward Brownlee, Prem-
ier of the said Province in the
presence of

E. A. BROWN.

J. E. Bnowmnn.

1930, o. 3:
1931, 0. 15:
1938, c. 30.

Short title.

Agreement
con firmed .

Power to

grant licence.

THE NATURAL RESOURCES TRANSFER
(AMENDMENT) ACT, 1941.

4—5 GEORGE VI, CHAPTER 22.
An Act to amend The Alberta Natural Resources Act.
[Assented to 14th J une, 1941.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows :-

1. This Act may be cited as The Natural Resources Trans-
fer (Amendment) Act, 1941.

2. The Agreement set out in the Schedule to this Act
is confirmed and shall have and take effect according to the
respective terms thereof.

3. The Minister of Mines and Resources shall have auth-
ority to grant the licence referred to in the said agreement,
notwithstanding the provisions of The National Parks Act,
chapter thirty-three of the statutes of 1930 (First Session).

SCHEDULE.

MnMoRANnUM or AGREEMENT made this twenty-eighth
day of March, 1941 AD.

BETWEEN
THE Govnnumnur or THE DOMINION or CANADA, repre-
sented herein by the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources,

Of the _fi7‘Si part,
AND

THE GOVERNMENT on THE PROVINCE or ALBERTA, 1’epre~
sented herein by the Honourable Duncan Bruce
MacMillan, Minister of Agricultureand in Charge of
Water Resources, and the Honourable Nathan Eldon
Tanner, Minister of Lands and Mines,

0f the second part,

Whe1’eas the Agreement entered into between the parties
hereto on the 14th day of December, AD. 1929 (hereinafter
referred to as the Natural Resources Transfer Agreement) was
duly approved by the Parliament of Canada and the Legislature
of the Province, and upon an address to His Majesty from the
Senate and House of Commons of Canada, was confirmed and
declared to have the force of law by an Act of the Parliament

272 _

Alberta Natural Resources Act.

of the United Kingdom of Great Britain and Northern Ireland
entitled “The British North America Act, 1930” being chapter
twenty—six of the Imperial Statutes, 20-21 George V;

And whereas by Section 24 of the said Natural Resources
Transfer Agreement it was agreed that the provisions of the
said Agreement might be varied by an Agreement confirmed
by concurrent Statutes of the Parliament of Canada and the
Legislature of the Province;

And whereas the said Natural Resources Transfer Agree-
ment provides that the National Parks listed in the Schedule
thereto were to continue to be vested in and administered as
such by the Dominion of Canada;

And whereas the National Parks Act, being Chapter 33
of the Statutes of 1930 provided that the Parks were dedicated
to the people of Canada for their benefit, education and enjoy»
ment and that they should be maintained and made use of
so as to ‘leave them unimpaired for the enjoyment of future
generations, and no exploitation of the lands therein for com—
mercial purposes was contemplated;

And whereas it has been agreed that to meet requirements
arising out of the war authority should be granted the Calgary
Power Company, Limited, to proceed with the works necessary
to increase the storage of water in Lake Minnewanka in Banff
National Park and the construction of an electric power plant
at Anthracite, also in the said Park, with necessary transmission
lines for conveying the electric power so developed for use in
the Park and in areas outside the Park;

And whereas the Governor General in Council by order
PC. No. 7382 of the 13th December, 1940, has signified his
approval of the development:

New Tnnanroan rms AGREEMENT Wrrmnssnrn THAT:

1. Notwithstanding anything in the said Natural Resources
Transfer Agreement contained, the Minister of Mines and Re-
sources of Canada may grant the Calgary Power Company,
Limited, the rights as hereinafter enumerated, subject to such
terms and conditions as the Governor General in Council may
approve and to any rights existing or which may be created
under the Irrigation Act, or Part I of the Alberta Water Re-
sources Act;

(a) The right to raise Lake Minnewanlra. to a full supply
level of elevation 4,840 feet above mean sea level
(Geodetic datum) or such lesser elevation as may sub-
sequently be determined by the Minister of Mines and
Resources as being the economic maximum with the
right to store water up to said elevation and use
200,000 acre—feet of the storage so created or such lesser
amount as may subsequently be determined by the said
Minister as being the economic maximum by the con-
struction of a dam across the Cascade River Valley at
or near the outlet of the said lake;

(b) The right to divert, take and use the water so stored
for the power purposes by diverting the same through a
canal and conduit down a lateral valley to a power

273

274

Alberta Natural Resources Act.

station to be constructed on the Cascade River flat at
or near Anthracite, and at that point to return the
water by suitable works to the Cascade River;

(c) The right to convey the waters of the Ghost River
into Lake Minnewanka through a canal extending
from the Park boundary to Lake Minnewanka;

( d ) The right to construct transmission lines with the
necessary rights-of-way connecting the proposed power
station with the existing transmission system of the
Company outside the Park and the system now sup-
plying Band;

( e ) The right to sell electric power to residents in Banfi
townsite and vicinity;

(f) And generally the right to perform such acts in con-
nection with said storage and power development
scheme as may be approved from time to time by the
Minister of Mines and Resources.

2. The area involved shall continue to be part of the Banff
National Park and the Licence for the storage of water and
power development shall contain such terms and conditions
as may be considered necessary to safeguard, so far as possible,
the purpose for which the Park was established.

3. The Licence covering the right to store water and
develop power shall be in accordance and subject to the Dem-
inion Water Power Act and amendments thereto and shall
vest in the Licensee all necessary rights and powers provided
in said Act to be vested in any person authorized to carry out
an undertaking and shall contain provisions to safeguard the
interests of present and future holders of water rights below
the works.

4. This Agreement is made subject to its being approved
by the Parliament of Canada and by the Legislature of the
Province of Alberta, and shall take effect on the first day of
the calendar month beginning next after its approved as afore-
said, whichever approval, that of the Parliament of Canada or
that of the Legislature of the Province, shall be later in date.

In Witness Whereof the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources, has hereunto set his
hand on behalf of the Dominion of Canada and the Honourable
Duncan Bruce MacMillan, Minister of Agriculture and In
Charge of Water Resources, and the Honourable Nathan Eldon
Tanner, Minister of Lands and Mines, have hereunto set their
hands on behalf of the Province of Alberta.

Signed on behalf of the Govern«
ment of Canada by the Hon-
ourable Thomas Alexander (Sgd.) T. A. CRERAR.
Crerar, Minister of Mines and
Resources,

In the presence of :
(Sgd.) C. W. JACKSON.

Alberta Natural Resources A ct. 275

Signed on behalf of the Govern-

ment of Alberta by the Hon- (Sgd.) D. B. MACMILLAN
ourable Duncan Bruce Ma.c—

Millan, Minister of Agriculture

and in charge of Water Re- (Sgd.) N. E. TANNER.
sources, and the Honourable

Nathan Eldon Tanner, Minis-

ter of Lands and Mines,

In the presence of:

(Sgd.) KATHLEEN Ross, _
Witness for Minister of Agriculture.

(Sgd.) MARY C. LXVINGSTONE,
Witness for Minister of Lands and Mines.

1930, c. 3;
1931, c. 15;
1938, o. 36.

Short title.

Agreements
confirmed.

Fincl licences.

THE ALBERTA NATURAL RESOURCES
TRANSFER (AMENDMENT) ACT, 1945 (173)

9-10 GEORGE VI, CHAPTER 10.
An Act to amend The Alberta Natural Resources Act.
[Assented to 18th December, 1945.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:——

I. This Act may be cited as The Alberta Natural Resources
Transfer (Amendment) Act, 1945.

2. The Agreements set out in Schedules One and Two to
this Act are confirmed and shall have the force of law and take
effect according to the respective terms thereof.

3. Notwithstanding the provisions of any other law or
Act of the Parliament of Canada. the Minister of Mines and
Resources shall have authority to issue the final licences referred
to in the Agreement set out in Schedule One to this Act and in
the interim water power agreements and licences now in force.

(179) The purpose of this Act was to confirm the Agreements between the Govern~
mont of Canada and the Government of Alberta. set out in Schedules One nnd Two.

SCI‘{EDULE ONE.

The Agreement in Schedule One provides for the settlement of differences
bctwcen the Dominion and the Province as to the effect of the Natural Resources
Transfer Agreement on the ownership and control of chino developed power sites
on the Bow River lying within or adjacent to the Stony Indian Reserve. The three
sites known as the Horseshoe, Kananaskis and Ghost sites were developodbythc
Qulgaiy Power Company Limited and are being operated under authorizations
issued by the Dominion Government in the yours 1909, 1912 and 1925) respectively.
when they were under exclusive Dominion jurisdiction prior to the transfer of natural
resources in 1930.

The Agi’cei’noiit in Schedule One provides that the land and water power at the
two sites in which the Indian interest prcdomiiizitcs, namely Horseshoe and Kano,-
naskis, are to remain under Doininioii ‘urisdiotioii while the Ghost site wherc_thc
Proviiicial interest is substantial shall lie deemed to have passed to the Province
at the time of the trmisfer of the natural resources. The Minister of Mines and
Resources issues all three licences to replace the existing authorizations and will
continue to administer the Horseshoe and Knnaimskis developments, while the
Province will be responsible for udiniiiistratiou oi the Ghost development us soon
as the final licence is issued.

SCHEDULE Two.

Under the Alberta Natural Resources Transfer Act, 1930, certain Public shooting
grounds and bird sanctuaries were preserved. Many of thenu_ were dried up or were
otherwise unsuitable for the purposes for which they were originally set aside. The
ugreemeiit in Schedule Two provided that these i’eservo.tions would be cancelled by
agreement between the two responsible Ministers concerned with the approval of
the Governor in Council and the Lieutenant-Governor in Council.

Section three of the Bill authorized the Minister of Mines and Resources, not-
withstanding the provisions of any other law or Act, to issue the final licences to the

* Calgary Power Company Limited for the three developed power sites on the Bow

River referred to in the Agreement set out in Schedule One to which the Company
are entitled under the terms of the original uutliorizc.tions.

276

SCHEDULE I.

MEBIORANDUM or AGREEMENT‘: made this 25th day of
September, A.D. 1945.

B-E’l‘WEE‘N

Tum Govnmmnmr on THE DOMINION or CANADA, repre-
sented herein by the Honourable James Allison Glen,
Minister of Mines and Resources

Of the first part,
AND *

THE GOVERNMENT on THE PROVINCE on ALBERTA, repre-
sented herein by the Honourable Duncan Bruce Mac~
Millan, Minister of Agriculture and in charge of Water
Resources

Of the second part.

WHEREAS in giving effect to the provisions of the Agree—
ment entered into between the Government of the Dominion of
Canada and the Government of the Province of Alberta on the
14th day of December, A.D. 1929, and the Supplementary Agree-
ment entered into between them on the 5th day of March, A.D.
1938 (together hereinafter referred to as the Natural Resources
Transfer Agreement), differences have arisen between the parties
hereto in connection with certain water powers on the Bow
River lying within or adjacent to the Stony Indian Reserve
developed by the Calgary Power Company Limited and its
I13;(é46eCeSSO1‘ in interest prior to the 1st day of October, A.D.

‘ :

AND WHEREAS differences have also arisen between the
parties hereto as to whether the Dominion or the Province is
entitled to the benefits and subject to the obligations of the
Lieensor under the Licences and Water Power Agreements
heretofore granted in respect of the said water powers;

AND WHEREAS it is desirable that these differences should
be resolved so as to carry out the true intent and purpose of
the Natural Resources Transfer Agreement;

AND WHEREAS by Paragraph 24 of the Natural Resources
Transfer Agreement it was agreed that the provisions of the
said Agreement might be varied by agreement confirmed by
concurrent statutes of the Parliament of Canada and the Legis-
lature of the Province.

Now Tnnnnronn THIS AGREEMENT Wrrunssnrrn THAT:

1. With respect to the water power at Horseshoe Falls,—

(11) The interest of the Crown in the bed and banks of the
Bow River and in all waters and Water power rights
appurtenant thereto within the limits of the tract of
land described in Schedule “A” hereto shall continue
as and from October 1, 1930, to be vested in the

277

278

Crown in the right of Canada. All rights and obliga-
tions of the Crown under the Letters Patent dated
April 23, 1909, granted to Calgary Power and Trans~
mission Company, Limited, and under the Water
Power Agreement dated October 14, 1909, between the
Minister of the Interior and Calgary Power and Trans-
mission Company, Limited, and the Regulations
applicable thereto shall continue to be exercisable by
and binding upon the Crown in the right of Canada.
The Dominion Minister shall issue the Horseshoe
Falls Licence for the second term of twenty—one years
from October 14, 1935, provided for in the said Water
Power Agreement and shall issue any renewals of the
licence subject to and as provided in the said Water
Power Agreement and Regulations but in such renewals
of the licence no change shall be made in the rental or
any other condition of the licence except by agreement
between the Dominion and Provincial Ministers. lf
the said Ministers fail to agree on a readjusted rental
for a renewal period, the same shall be fixed by arbi-
tration, one arbitrator to be appointed by the Governor
in Council, the second by the Lieutenant Governor in
Council and the third by the two so appointed, or in
case they fail to agree by the Chief Justice of Canada,
and except as herein provided, the provisions of the
Arbitration Act of the province of Alberta shall so far
as applicable govern such arbitration but without preju-
dice to the Licensee’s right to arbitration as in the
said Regulations provided. Any voluntary transfer
of the Horseshoe Falls Licence to the Province or to

any authority of the Province whereby the Assignee _

or Transferee has undertaken to assume all the obliga-
tions of the Licensee thereunder and any transfer, charge,
or encumbrance thereof by way of mortgage or trust
deed which is approved by the Board of Public Utility
Commissioners or by any other authority, board or
commission designated by the Provincial Minister
shall be effective subject to the Dominion Minister
being notified ninety days prior to the transfer.

(12) The annual sum of $1,500 payable under the said

Letters patent dated April 23rd, 1909, together with
all sums of money payable under the terms of any
water power agreement or licence covering the said
water power, shall continue to be payable to Canada
for the benefit of the Indians of the Stony Band.

2. With respect to the water power at Kananaskis Falls,-
(a ) The interest of the Crown in the bed and banks of the

Bow and Kananaskis rivers and in all waters and
water power rights appurtenant thereto within the
limits described in Schedule “B” hereto, shall continue
as and from October 1, 1930, to be vested in the Crown
in the right of Canada. All rights and obligations
of the Crown under the Water Power Agreement dated
October 14, 1912, between the Minister of the Interior
and Calgary Power Company, Limited (excepting those

(B)

contained in the provisionsof Paragraph 27 thereof
relative to the leasing of former Park lands which
have passed to the Province) and the Regulations
applicable thereto shall continue to be exercisable by
and binding upon the Crown in the right of Canada.
The Dominion Minister shall issue the Kananaskis
Falls licence for the second term of twenty~one years
from October 14, 1936, provided for in the said Water
Power Agreement and shall issue any renewals of the
licence subject to and as provided in the said Water
Power Agreement and Regulations but in such renewals
of the licence no change shall be made in the rental or
any other condition of the licence except by agreement
between the Dominion and Provincial Ministers. If
the said Ministers ‘fail to agree on a readjusted rental
for a renewal period, the same shall be fixed by arbi-
tration, one arbitrator to be appointed by the Governor
in Council, the second by the Lieutenant Governor in
Council and the third by the two so appointed, or in
case they fail to agree by the Chief Justice of Canada,
and except as herein provided, the provisions of the
Arbitration Act of the Province of Alberta shall so far
as applicable govern such arbitration but without pre-
judice to the Liccnsee’s right to arbitration as in the
said Regulations provided. Any voluntary transfer of
the Kananaskis Falls Licence to the Province or to any
authority of the Province whereby the Assignee or
Transferee has undertaken to assume all the obliga-
tions of the Licensee thereunder and any transfer,
charge or encumbrance thereof by way of mortgage or
trust deed which is approved by the Board of Public
Utility Commissioners or by any other authority,
board or commission designated by the Provincial
Minister shall be effective subject to the Dominion
Minister being notified ninety days prior to the transfer.

As the administrative authority since October 1, 1930,
for the former Park lands lying outside the Stony
Indian Reserve, the Province will carry out the provi-
sions of Paragraph 27 of the said Water Power Agrce—
ment dated October 14, 1912. In the event of Canada
acquiring the Kananaskis Falls Power development
pursuant to the terms of the said Licence and Regula-
tions, the Province will renew the lcase referred to in
the said Paragraph 27 to Canada or its nominee on
terms to be agreed upon between Canada and the
Province, or in default of agreement to be settled by

279

a judge of the Supreme Court of Alberta nominated by

the Chief Justice of Alberta.

(0) All sums payable under the terms of the Agreement

dated May 20, 1914, between the Calgary Power Com-
pany, Limited, and certain Indians of the Stony Band
for land and water power rights at Kananaskis Falls,
shall continue to be payable to Canada for the benefit
of the Indians.

280

(05) As and from October‘1, 1930, all sums which have
been paid or are payable under the terms of the said
Water Power Agreement of October 14, 1912, other
than Paragraph 27 thereof, shall be divided between
Canada for Indian Interests and the Province, and
shall be paid to Canada and the Province respectively
in proportion to the developed head within and without
the Stony Indian Reserve namely, in the proportion
of 45/72 to Canada and 27/72 to the Province.

(c) All sums which have been paid or are payable to Canada
by the Licensee under the terms of any Water _Power
Licence granted by Canada pursuant to the said Agree-
ment of October 14, 1912, including as such the annual
sum of $1,500 payable to the Superintendent General
of Indian Ailairs under the said Agreement of May
20th, 1914, or any Patent or other grant of land con-
firming or replacing the said Agreement, shall be divided
between Canada for Indian Interests and the Province,
and shall be paid to Canada and the Province respec-
tively in proportion to the developed head within and
without the Stony Indian Reserve namely, in the pro-
portion of -’15/72 to Canada and 27/72 to the Province
provided that Canada’s share of such division shall
never be less than $1,500 per annum.

(f) All sums which become payable under the terms of the
lease to be granted by the Province for the former
Park land lying outside the said Reserve in pursuance
of the terms of the said Agreement of October 14, 1912,
shall belong to and be payable to the Province.

(g) In the event of Canada acquiring the Kananaskis Falls
Power Development pursuant to the terms of the said
Licence and Regulations, Canada shall thereafter during
the operation of the plant at the Kananaskis Falls site
pay to the Province an annual sum in respect of water
rentals equal to the amount payable to the- Province
for water rentals in the year preceding such acquisition.

3. With respect to the water power at the Ghost site,—-

(a) The Dominion Minister shall issue the Final Licence
provided for in the Interim Licence granted by the
Minister of the Interior of Canada on the 17th day of
January, 1929, subject to and in accordance with the
Water Power Regulations established under The Domi-
nion Water Power Act by Order in Council dated
October 31, 1921, published in the Canada Gazette of
November 12, 1921, and as amended as to Sections
48 (13) and 830: by Order in Council of September 10,
1928, published in the Canada Gazette of September 15,
1928. The said Final Licence shall provide that as
from the 1st day of January, 1930, the date upon
which the Licensee completed the initial development
and became entitled to a Final Licence, all transmis-
sion lines and distribution systems then or thereafter
forming part of the Licensee’s interconnected electrical
power system within the limits of the Province of

,J_.__._

Alberta shall form part of the undertaking established
under the said Final Licence in accordance with Sec~
tion 44 (e) of the said Regulations and the fixation of
cost of the Ghost Power Development shall include all
costs of such undertaking to and including 31st Decem—
ber, 1944. The said Final Licence shall also provide
that for the purposes of Section 49 of th.e said Regu~
lations the said undertaking shall also include as from
1st January, 1930, the Horseshoe Falls Power Develop-
ment, the Kananaskis Falls Power Development and
all other power and storage developments of the
Licensee within the limits of the Province of Alberta
constituting for the time being with the Ghost under-
taking one interconnected power system of the Licen-
see. The Dominion Minister, or his Deputy, may do
and perform all such acts and things for the issuing of
the said Final Licence as are provided herein and in
the said Regulations. The Dominion Minister shall
also fix the “actual cost” as defined in and in the
manner provided in the Water Power Regulations
established under the Dominion Water Power Act by
Order in Council dated October 31, 1921, of the Horse-

shoe Falls and Kananaskis Falls Power Developments.

as at 31st December, 1944.

( b ) The interest of the Crown in the bed and banks of the

Bow River at the Ghost site from the eastern boundary
of the Stony Indian Reserve to the upstream limit of
floodage as shown upon Record Plan numbered 2884
on file in the Office of the Controller of Water Power
at Ottawa, and in all waters and water power rights
appurtenant thereto shall be deemed to belong and to
have belonged to the Province as and from October
1, 1930, subject to the Final Licence for the use of all
the waters of the Bow River at the said site to be
issued as provided in Paragraph 3 (0.) hereof and the
provisions of Paragraphs 1, 2 and 3 of the Natural
Resources Transfer Agreement of December 14, 1929,
shall apply to the said Final Licence when issued with
the same effect as if the said Licence had been issued
prior to October 1, 1930, and as if all the rights and
obligations of the Crown thereunder and under the
Regulations had been transferred to and assumed by
the Province by the Natural Resources Transfer Agree-
ment. After such transfer and assumption as afore-
said in the application of the said Regulations amended
as aforesaid to the said Licence the “Provincial
Minister” shall be substituted for “the Minister of the
Interior”, the “Department” shall be substituted for
“the Department of the Interior” and “the Supreme
Court of Alberta” shall be substituted for “the Exche-
quer Court of Canada’ ’, and “the Crown” shall mean
the Crown in the right of the Province.

(0) As and from October 1, 1930, all sums which have been

paid or are payable under the terms of the said Interim
Licence of January 17, 1929, and the Final Licence
referred to in paragraph 3 (a) above for water power

281

282

rights, since that date shall be divided between Canada
and the Province in the proportions of one—half to
Canada for the benefit of the said Indians of the Stony
Band and one-half to the Province, and shall be paid
to Canada and the Province respectively in the pro-
portions stated.

(cl) In the event of the said Final Licence, referred to in
paragraph 3 (a) above, expiring or being terminated,
the Province shall thereafter during the operation of
the generating plant at the Ghost site, pay to Canada
for the benefit of the Stony Band of Indians an annual
sum equal to one—half of the average annual water
power rental payable in the last five years preceding
such expiry or termination or such lesser sum as the
Superintendent General of Indian Aiiairs may fix as
just and reasonable in the circumstances, provided that
if the said plant be closed down the annual sum payable
by the Province to Canada for the benefit of the Stony
Band of Indians shall so long as the dam contributes
to storage or river control be $3,500.

(6) As and from October 1st, 1930, all sums payable for
the use or occupation of land under the terms of the
Interim Licence of January 17th, 1929,-and the Final
Licence referred to in paragraph 3 (a) above, shall
belong to and be payable to the Province.

4. The licences to be issued as herein provided shall be in
the form and terms of the drafts thereof initialled for identifiea—
tion by the Dominion Minister and the Provincial Minister,
respectively, and shall be valid and effective according to such
terms, but nothing herein contained shall be deemed to be a
waiver of any other rights, interests or obligations of either
Canada or the Province arising out of the Natural Resources
Transfer Agreement or otherwise and in particular neither
Canada nor the Province waives any claim it may have or
assert or admits any claim which the other party may have or
assert to the title and control of the bed and banks of the Bow
River or in the waters and water power rights appertaining
thereto except as herein provided.

5. As used herein the expression “Dominion Minister”
means The Minister of Mines and Resources of Canada and
his successor in oflice for the time being, and the expression
“Provincial Minister” means the Minister for the time being
charged with the administration of the Water Resources Act
of the Province of Alberta.

6. This agreement is made subject to its being approved
by the Parliament of Canada and by the Legislature of the
Province of Alberta, and shall take effect on the first day of
the calendar month beginning next after its approval as afore-
said, whichcver approval, that of the Parliament of Canada or
that of the Legislature of the Province, shall be later in date.

IN WITNESS W1-iniucor the Honourable James Allison Glen,
Minister of Mines and Resources, has hereunto set his hand on
behalf of the Government of the Dominion of Canada; and the

Honourable Duncan Bruce NlacMillan, Minister of Agriculture
and in charge of Water Resources, has hereunto set his hand on
behalf of the Government of the Province of Alberta.

Si%ned 311 liehalfhof iiliic Govcarnment of

ana a y t e onoura le James ., ,

Allison Glen, Minister of Mines and NJ’ ALLISOA GLEN”
Resources, in the presence of:

“C. W. JACKSON”.

Signed on behalf of the Government of?
Alberta by the Honourable Duncan
Bruce MacMillan, Minister of Agri— “D. B.MAoMxLLAN”
culture and in charge of Water Re»
sources, in the presence of:

“KA’rnLrmN L. CoNNoRs”

SCHEDULE “A”.

All that tract of land situated partly on the right bank and
partly on the left bank of the Bow River in the Stony Indian
Reserve, described as follows:——Commencing at a point in the
northerly side of the Right of Way of the Canadian Pacific
Railway, distant twenty—four chains easterly from the iifty~
first mile post of the said Railway :~thence North 65° 37’ West
twenty—two chains :*thence North 89° 37’ West forty~two
chains:—thence North 50° 23’ East, one hundred and forty-
six chains and thirty links :——thcnce South 49” 37’ East, thirty-
six chains and thirty-six links :-thence South 39° 37’ East
thirty chains and sixty—eight links to the northerly limit of the
Right of Way of the Canadian Pacific Railway :———thence westerly
along the said northerly limit to the point of commencement,
all as shown on a plan of record in the Department of Indian
Afi’airs, dated 5th April, 1909, as 821A, together with the bed
and banks of the Bow River from the easterly boundary of the
tract of land above described up to the tail-water level of the
Kananaskis Power plant.

SCHEDULE “B”.

All those portions of the beds and banks of the Bow and
Kananaskis Rivers from the tail—water level of the Kananaskis
Plant to the southwestern boundary of the Stony Indian
Reserve, and from thence to the limits of floodage of the Kan-
anaskis Falls Power Development as shown on Record Plan
numbered 2894 on file in the office of the Controller of Water
Power at Ottawa, and to such further limits on the said rivers
to which the floodage may be from time to time extended with
the consent of the Minister for the time being charged with the
idkzlninistration of the Water Resources Act of the Province of

erta.

284

SCHEDULE II.

Min/roimivnrrir or Aeiummnnr made this 26th day of
September, 1945.

Bnvwnnw:
Tr-Ir: GOVERNMENT or TI-IE DOMINION 0F’CANADA, repre-
sented herein by the Honourable James Allison Glen,
Minister of Mines and Resources,

Of the first part,
AND

THE GovEnNMEi~1’r on THE PROVINCE or ALBERTA, repre-

sented herein by the Honourable Nathan Eldon Tanner, ‘

Minister of Lands and Mines,
Of the second part.

Whereas the agreement entered into between the parties
hereto on the fourteenth day of December, A.D. 1929 (herein-
after referred to as the Natural Resources Transfer Agreement),
was duly approved by the Parliament of Canada and the Legis-
lature of the Province, and upon an address to His Majesty
from the Senate and House of Commons of Canada, was con-
flrmed and declared to have the force of law by an Act of the
Parliament of the United Kingdom of Great Britain and
Northern Ireland entitled “The B7’£tz‘sh North America Act,
1930”, being chapter twenty—siX of the Imperial Statutes, 20-21
George V;

And whereas, by paragraph 24 of the said Natural Resources
Transfer Agreement it was agreed that the provisions of the
said Agreement might be varied by an Agreement confirmed by
concurrent statutes of the Parliament of Canada and the Legis-
lature of the Province;

And whereas, the said Natural Resources Transfer Agree-
ment came into force, in virtue of a further Agreement between
the parties thereto, dated the twenty-ninth day of July, AD.
1930, which was duly confirmed by concurrent statutes of the
Parliament of Canada and the Legislature of the Province, on
the first day of October, A.D. 1930;

And whereas, it was provided by paragraph 19 of the said
Agreement as follows: “The Province will not dispose of any
historic site which is notified to it by Canada as such and which
Canada undertakes to maintain as an historic site. The Prov-
ince will further continue and preserve as such the bird sanc-
tuaries and public shooting grounds which have been already
established and will set aside such additional bird sanctuaries
and public shooting grounds as may hereafter be established
by agreement between the Minister of the Interior and the
Provincial Secretary or such other Minister of the Province as
may be specified under the laws thereof.”

And whereas, it has been agreed between Canada and the
Province of Alberta that certain public shooting grounds and
bird sanctuaries which were established at the time of the making
of the said Natural Resources Transfer Agreement and since
maintained by the Province should be discontinued and that
authority should also be given under certain conditions to
discontinue any public shooting grounds and bird sanctuaries
established pursuant to the said Agreement;

Now therefore, this Agreement witnesseth as follows:

1. The said Natural Resources Transfer Agreement is
hereby amended by adding after the above mentioned paragraph
19 the following new paragraph:

“19A. The Province may discontinue any bird sanctuary
or public shooting ground which was transferred to the Province
by virtue of this Agreement or which has since been established
by the Province or which may hereafter be established by the
Province pursuant to this Agreement in any case in which an
agreement is entered into between the Minister of Mines and
Resources of Canada and the Minister of Lands and Mines of
Alberta approved by the Governor in Council and the Lieu-
tenant Governor in Council respectively, providing for the
discontinuance of any such bird sanctuary or public shooting
ground.”

2. This Agreement is made subject to its being approved
by the Parliament of Canada and by the Legislature of the
Province of Alberta, and shall take effect on the first day of the
calendar month beginning next after its approval as aforesaid,
whichever approval, that of the Parliament of Canada or that
of the Legislature of the Province, shall be later in date.

In witness whereof, the Honourable James Allison Glen,
Minister of Mines and Resources, has hereunto set his hand on
behalf of the Dominion of Canada; and the Honourable Nathan
Eldon Tanner, Minister of Lands and Mines, has hereunto set
his hand on behalf of the Province of Alberta.

Signed on behalf of the Government of
Canada by the Honourable James
Allison Glen, Minister of Mines and “J. ALLISON GLEN.”
Resources, in the presence of “C. W.
JACKSON.”

Signed on behalf of the Government of
Alberta by the Honourable Nathan
Eldon Tanner, Minister of Lands and “N. E. ’l‘ANNnn.”
Mines, in the presence of “GRACE
A. M. MA’rHnsoN.”

285

THE RAILWAY BELT AND PEACE RIVER
BLOCK ACT.

, 20-21 GEORGE V, CHAPTER 37.

An Act respecting the transfer of the Railway Belt
and the Peace River Block.

[Assented to 30th M ay, 1930.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:—~

Short title. 1. This Act may be cited as The Railway Belt and Peace
River Block Act.
étolgrrglegggt 2. The agreement set out in the schedule hereto is hereby
‘ approved.

286

SCHEDULE.
MEMORANDUM OF AGREEMENT. –
Made this twentieth day of February, 1930.
BETWEEN:

Tnn GOVERNMENT on THE DOMINION or CANADA, repre-
sented herein by thc Honourable Ernest Lapointe,
Minister of Justice, and the Honourable Charles
Stewart, Minister of the Interior, _

~ Of the first part,

AND 1

THE GOVERNMENT or ran Pnovmcn or Bmrrsn COLUM-
BIA, represented herein by the Honourable Simon
Fraser Tolmie, Premier and Minister of Railways of
the said Province, and the Honourable Frederick
Parker Burden, Minister of Lands thereof,

Of the second part.

Whereas pursuant to paragraph eleven of the Terms of
Union between the Dominion of Canada and the then Colony of
British Columbia. and to certain statutes of the Legislature of the
Province of British Columbia, being chapter eleven of the
statutes of the year eighteen hundred and eighty, chapter
fourteen of the statutes of the year eighteen hundred and
eighty-three, and chapter fourteen of the statutes of the year
eighteen hundred and eighty—four, there were granted by the
Province to Canada certain Crown lands in the Province by way
of consideration for Canadafs undertaking to secure the con-
struction of a railway to connect the seaboard of the Province
with the railway system of Canada and of Can-ada’s paying to
the Province from the date of the Union an annual sum of one
hundred thousand dollars, the said Crown lands being defined
in the statutes aforesaid and having become known as the
Railway Belt and the Peace River Block;

And whereas a railway such as is described in paragraph
eleven of the Terms of Union has been duly constructed and is
in operation, and the Province has requested the re~[:ransfer to
it of such of the lands in the said Railway Belt and Peace River
Bloek as remain unalienated;

And whereas the Honourable W. M. Martin, one of the
Judges of the Court of Appeal for the Province of Saskatchewan,
having by Order in Council dated the eighth day of March, 1927
(P.C. 422) been appointed a commissioner under Part One of the
I m1uv.’m’es Act to receive and inquire into the arguments of the
Government of the Province of British Columbia in support of
its claim for the reconveyance of the said lands to the Province,
submitted his report as such commissioner in which he expressed
the opinion that the Province could not by reason of its own
agreements and statutes advance any legal claim, but that its
request should be considered from the standpoint of fairness and
justice rather than from the strictly legal and contractual

287

288

position, and in which he recommended that the said lands
should be restored;

And whereas Canada has agreed accordingly to rc—transfer
the said lands to the Province on the terms hereinafter set out:

New This Agreement Witnesseth that the parties have
agreed as follows:-—

TRANSFER or RAILWAY BELT AND Pnaen RIVER BLOCK
GENERALLY.

1. Subject as hereinafter provided, all and every interest of
Canada in the lands granted by the Province to Canada as here-
inbefore recited are hereby re-transferred by Canada to the
Province and shall, from and after the date of the coming into
force of this agreement, be subject to the laws of the Province
tklien in force relating to the administration of Crown lands
t erein.

2. Any payment received by Canada before the coming into
force of this agreement in respect of any interest in the said lands
shall continue to belong to Canada, whether paid in advance or
otherwise, without any obligation on the part of Canada to
account to the Province therefor, and the Province shall be
entitled to receive and retain any such payment made after the
coming into force of this agreement without accounting to
Canada therefor.

3. The Province will carry out in accordance with the terms
thereof every contract to purchase or lease any interest in any
of the lands hereby transferred and every other arrangement
whereby any person has become entitled to any interest therein
as against Canada, and will perform every obligation of Canada
arising by virtue of the provisions of any statute or Order in
Council or regulation afiecting the said lands hereby transferred
to any person entitled to a grant of lands by way of subsidy for
the construction of railways or otherwise, or to any railway
company for grants of land for right of way, roadbcd, stations,
station grounds, workshops, buildings, yards, ballast pits or
other appurtenances.

4. Any power or right which, by any agreement or other
arrangement relating to any interest in the lands hereby trans-
ferred or by any Act of the Parliament of Canada relating to the
said lands, or by any regulation made under any such Act, is
reserved to the Governor in Council, or to the Minister of the
Interior or any other oflicer of the Government of Canada, may
be exercised by the Lieutenant—Governor of the Province in
council or by such ofliicer of the Government of the Province as
is authorized to exercise similar powers or rights under the laws
elf the Province relating to the administration of Crown lands
t ierein.

5. The application to the lands hereby transferred of the
laws of the Province relating to the administration of Crown
lands therein, as hereinbefore provided, shall not be deemed to
aflect the terms of any alienation by Canada of any interest in
the said lands or of any agreement made by Canada for such
alienation, or the rights to which any person may have become
entitled as aforesaid.

ORDNANCE AND ADMIRALTY LANDS.

6. Nothing in this agreement shall be interpreted as affecting
or transferring to the Province any ordnance or admiralty lands
included in the Railway Belt which have been or are hereafter
transferred or surrendered to Canada by the Government of the
United Kingdom of Great Britain and Ireland or of the United
Kingdom of Great Britain and Northern Ireland.

7. All ordnance and admiralty lands which were set aside as
such before the sixteenth day of May, eighteen hundred and
seventy—one, and which have been or are hereafter transferred
or surrendered to Canada as aforesaid, whether the same lie
within or without the said Railway Belt, shall continue to be
vested in and administered by the Government of Canada for the
purposes of Canada, provided, however, that Canada shall
recognize and confirm any alienation of any part of the said lands
heretofore made by the Province and shall perform and execute
every obligation of the Province which has arisen with respect
to any part of the said lands by virtue of any agreement made
by the Province in respect thereof, or by virtue of any Act of
the Legislature of the Province or of any Order in Council or
regulation made under the authority of any such Act.

8. The location and boundaries of the several parcels of
ordnance and admiralty lands aforesaid shall be referred for
determination to two persons, one of whom shall be appointed
by the Governor General in Council, and one by the Lieutenant-
Governor in Council, and in the event of a disagreement between
the said two persons, an umpire shall be selected by agreement
between the Minister of Justice for Canada and the Attorney-
General of British Columbia.

Punmc Wonrcs.

9. Notwithstanding anything in the foregoing paragraphs of
this agreement, Canada shall retain the wharves and wharf sites
situate within the Railway Belt and specified in Schedule One to
this agreement, together with the lands adjacent thereto which
are required for the convenient use of any such wharf or wharf
site; the boundaries of the parcels of land reserved to Canada
under this clause shall be ascertained and defined by agreement
between Canada and the Province as soon as convenient.

10. Forthwith upon any of the said parcels of land ceasing
to be required for use as a wharf site, such parcel shall revert to
and become the property of the Province.

I-Izinnouns.

11. Nothing in the foregoing paragraphs of this agreement
shall extend to the foreshores or beds of harbours heretofore
established within the Railway Belt, but the said foreshores
and beds shall continue to be vested in Canada, and there shall
in addition be reserved and retained by Canada the foreshcres
and beds of the Fraser River and the Pitt River lying above the
eastern boundaries of New Westminster Harbour and below
lines to be ascertained and defined by agreement at the junction
of Kanaka Creek with the Fraser River and at the point of the
exit of the Pitt River from Pitt Lake.

18955-19

289

290

SUMAs DYKING LANDS.

12. The Province will grant and assure to the Canadian
Pacific Railway Company the lands occupied or required by it
for the purpose of the construction and operation of its railway in
that part of the Railway Belt hereinbefore referred to which is
known as the Surnas Dyking Lands, in such manner that the said
Company may obtain a registered title to the said lands in fee
simple free from encumbrance. ‘

INDIAN Rnsnnvns.

13. Nothing in this agreement shall extend to the lands
included within Indian reserves in the Railway Belt and the
Peace River Block, but the said reserves shall continue to be
vested in Canada in trust for the Indians on the terms and
conditions set out in a certain order of the Governor General of
Canada in Council approved on the 3rd day of February, 1930
(P.C. 208).

PARKS.

14. Nothing in the foregoing clauses of this agreement shall
be construed as re—transferring to the Province any interest
of Canada in any of the lands forming part of the Railway Belt
which are included within any of the national parks described
in Schedule Two of this agreement.

15. In order that the said national parks may be adminis~
tcred by Canada as such, all the rights of the Crown in all the
lands, mines and minerals (precious and base) and the royalties
incident thereto within any of the said parks are hereby vested
in Canada, so far as they are not already so vested.

16. The Parliament of Canada shall have exclusive legis-
lative jurisdiction within the whole area included within the
outer boundaries of each of the said parks, notwithstanding that
portions of any such area may not form part of the park proper,
and the laws now in force within such areas shall continue so in
force only until changed by the Parliament of Canada or under
its authority, provided, however, that all laws of theProvince
now or hereafter in force, which are not repugnant to any law or
regulation made applicable within the said areas or any of them
by or under the authority of the Parliament of Canada, shall
extend to and be enforced within the same, and that all general
taxing acts passed by the Province shall apply within the same
unless expressly excluded from application therein by or under
the authority of the Parliament of Canada.

17. On the termination, by effluxion of time or surrender or
otherwise, of any interest in any lands included within any of the
said areas which is outstanding in any person at the date of the
coming into force of this agreement, the lands in which such
interest existed shall vest in and shall thereafter be administered
by Canada as part of the national park within the outer bound-
aries of which such lands lie.

18. All rights of the Crown in any waters within the said
parks shall be vested in and administered by Canada, and the
Province will not by works outside any such park reduce the
flow of water in any of the rivers or streams within the said

park to less than the flow which the Minister of the Interior may
deem necessary adequately to preserve the scenic beauty of the
said park.

19. In the event of the Parliament of Canada at any time
declaring that any of the said areas or any part of any of them
are no longer required for national park purposes, the lands,
mines, minerals (precious and base) and the royalties incident
thereto specified in any such declaration shall forthwith upon
the making thereof belong to the Province and the provisions of
paragraphs one to five of this agreement shall apply thereto
as from the date of such declaration.

20. In the event of it being hereafter agreed by Canada
and the Province that any area or areas of land in the Province,
in addition to those specified in Schedule Two to this agreement,
should be set aside as national parks and be administered by
Canada, the foregoing provisions of this agreement on the
subject of parks may be applied to such area or areas with such
modification as may be agreed upon.

Sonmnns’ SETTLEMENT LANDS.

21. Nothing in this agreement shall have the effect of trans~
ferring to the Province the interest of Canada in any part of
the said lands upon the security of which any advance has been
made under the provisions of the Soldier Settlement Act, being
chapter 188 of the Revised Statutes of Canada, 1927 , and
amending Acts, until after the provisions of the said Act have
ceased to apply to or aiiect the said lands

Hisromo SITES AND Bran SANCTUARIES.

22. The Province will not dispose of any historic site which
is notified to it by Canada as such and which Canada undertakes

“to maintain as an historic site. The Province will further

continue and preserve as such the bird sanctuaries which have
been already established by Canada in the Railway Belt or Peace
River Block, and will set aside such additional bird sanctuaries as
may hereafter be established by agreement between the Minister
of the Interior and the Attorney-General or such other Minister
of the Province as may be specified under the laws thereof.

GENERAL Rnsnavzvrrou TO CANADA.

23. Except as herein otherwise expressly provided, nothing
in this agreement shall be interpreted as applying so as to afiect
or transfer to the administration of the Province (a) any lands for
which Crown grants have been made and registered under The
Land Registry Act of the Province and of which His Majesty
the King in the right of His Dominion of Canada is, or is entitled
to become, the registered owner at the date upon which this
agreement comes into force, or (b ) any ungranted lands of the
Crown upon which public money of Canada has been expended
or which are, at the date upon which this agreement comes into
force, in use or reserved by Canada for the purpose of the federal
administration.

18955-19}

291

292

Stmsmr CONTINUED.

24. Notwithstanding the re~transfer of the hereinbefore
recited lands, Canada will continue to pay annually to the
.Province, by half—yearly payments on the first days of January
and July in each year, the sum of one hundred thousand dollars,
as provided in paragraph eleven of the Terms of Union aforesaid.

Rnconns.

25. Canada Will, after the coming into force of this agree—
ment, deliver to the Province from time to time at the request of
the Province the originals or complete copies of all records in
any department of the Government of Canada relating exclu-
sively to any dealings with any of the lands hereby re-transferred
to the Province and will give to the Province access to all other
records, documents or entries relating to any such dealings and
permit to be copied by the Province any of the documents
required by it for the effective administration of the lands
hereby transferred. ‘

AMENDMENT or AGREEMENT.

26. The foregoing provisions of this agreement may be
varied by agreement confirmed by concurrent statutes of the
Parliament of Canada and the Legislature of the Province.

AGREEMENT COMES INTO FORCE.

27. This agreement is made subject to its being approved by
the Parliament of Canada and by the. Legislature of the Province
of British Columbia, and shall take effect on the first day of the
calendar month beginning next after the day upon which His
Majesty gives His Assent to an Act of the Parliament of the
United Kingdom of Great Britain and Northern Ireland con—
firming the same.

In witness whereof the Honourable Ernest Lapointe,
Minister of Justice, andthe Honourable Charles Stewart,

‘Minister of the Interior, have hereunto set their hands on behalf

of the Dominion of Canada, and the Honourable Simon Fraser
Tohnic, Premier and Minister of Railways of the said Province,
and the Honourable Frederick Parker Burden, Minister of Lands
thereof, have hereunto set their hands on behalf_ of the Province

of British Columbia.

Signed on behalf of the Government
of Canada by the Honourable ERNEST LAPOINTE.
Ernest Lapointe, Minister of Jus-
tice, and the Honourable Charles
Stewart, Minister of the Interior, CHAS. STEWART.
in the presence of

O. M. BIGGAR.

293

Signed on behalf of the Govern-
ment of.British Columbia by the S. F. TOLMIE.
Honourable Simon Fraser Tolinie,
Premier and Minister of Railways
thereof, and the Honourable
FrederickParkerBurden, Minister F. P. BURDEN.
of Lands thereof.

R. H. Poomar,
Attorney-Ceneral.

N. S. Louermno,
Mzmster of Lands.

H. CATHCART,
Deputy M inister of Lands.

Osonn C. BASS,
Deputy Attomey-Ceneral.

SCHEDULE ONE.
W1-mar LOCATIONS.

Brownsville. Riverside.
Coquitlarn. Mission.
Port Coquitlam. Hatzic.
Minnekahda. Dewdney.
Harris Road. Murphy’s Landing.
Hammond. Magars Landing.
Port Moody. Sumas.
Ioco. ‘ Chilliwack Upper Landing.
Haney. Minto Landing.
Albion. _ Anglemont.
Whonnock. Blind Bay.
Ruskin. Canoe.
Donatella. Cclista.
Barnston Island. Chase.
Port Kells. Eagle Bay.
Gordon Road. Wanlock.
Me./idams. Glenedon.
Langley. Magna Bay.
Mclvers. Sicamous.
McKays. Salmon Arm.
Glen Valley. Seymour Arm.
Marsh’s. Sorrento.
Mount Lehman. Scotch Creek.
Matsqui. Pritchard.

S. F. T. E. L.

F. P. B. C. S.

294

SCHEDULE TWO.

NATIONAL PARKS.

1. Mount Revelstoke National Park, with the boundaries
defined by the Proclamations based upon Orders in Council dated
28th April, 1914 (RC. 1125); 5th May, 1920 (P.C. 985); 18th.
August, 1927 (P.C. 1645).

2. Glacier National Park, with the boundaries defined by
the Proclamations based upon Orders in Council dated 8th June,
1911 (RC. 1338); 12th August, 1911 (RC. 1781); 11th February,
1930 (P.C. 134).

3. Yoho National Park, with the boundaries defined by the
Proclamations based upon Orders in Council dated 8th June, 1911
(P.C. 1338); 21st April, 1920 (RC. 828); 11th February, 1930
(RC. 134).

4. Kootenay National Park as shown on the map certified by
the Surveyor General of Canada on 1st February, 1928, and on
file in the oflice of the Surveyor General, a. copy thereof having
been filed in the Department of Lands of the Province under
number 7T 312. ‘

S. F. T. E. L.
F. P. B. C. S.

THE MANITOBA NATURAL RESOURCES ACT.
20-21 GEORGE V, CHAPTER 29.

An Act respecting the transfer of the Natural Resources
of Manitoba.

[Assented to 30th M ay, 1930.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as fo1lows:——

1. This Act may belcited as The Manitoba Natural Re- Shorttitle»
sources Act.

2. The agreement set out in the schedule hereto is hereby :§‘*‘§:$:§’

approved.

SCHEDULE.
MEMORANDUM OF AGREEMENT.
Made this fourteenth day of December, 1929.

Bnrwnrm

THE Govnnmmmrr or THE Dommon or CANADA, repre-
sented herein by the Honourable Ernest Lapointe,
Minister of Justice, and the Honourable Charles

Stewart, Minister of the Interior,
Of the first part,
AND

Tnn GOVERNMENT or THE Pnovmcn or MANITOBA, repre-
sented herein by the Honourable John Bracken,
Premier of Manitoba, and the Honourable Donald G.
McKenzie, Minister of Mines and Natural Resources,

Of the second part.

Whereas by section thirty of the Manitoba Act, being
Chapter three of thirty—thrce Victoria, it was provided that all
ungranted or waste lands in the Province should be vested in
the Crown and administered by the Government of Canada
for the purposes of the Dominion, subject to the conditions and
stipulations contained in the Agreement for the surrender of
Ruperifs Land by the Hudsorfs Bay Company to Her Majesty;

And whereas the boundaries of the Province as defined by
the M anitoba Act Were altered and the area included in the said
Province enlarged by the statutes forty—four Victoria, chapter
fourteen, and two George the Fifth, chapter thirty—tWo;

295

296

M zmitolza Natural Resources.

And whereas by an Order in Council adopted upon a
report from the Right Honourable W. L. Mackenzie King, Prime
Minister of Canada, and approved by His Excellency the
Governor General on the first day of August, 1928, it was
provided, pursuant to an agreement in that behalf entered into
with representatives of the Government of the Province that
the Province would be placed in a position of equality with the
other provinces of Confederation with respect to the adminis-
tration and control of its natural resources as from its entrance
into Confederation in 1870, that a commission of threepersons
would be appointed to inquire into and report as to what
financial readjustments should be made to eiiect that end and
that upon agreement between the Government of Canada and
the Government of the Province upon the financial terms,
following consideration of the report of the Commission, a
transfer wouldbe made by Canada to the Province of the
unalienated natural resources within the boundaries of the
Province subject to any trust existing in respect thereof and
without prejudice to any interest other than that of the Crown
in the same;

And whereas 2:. Commission, composed of the Honourable
Mr. Justice W. F. A. Turgeon, the I-Ionourable Thomas Alexander
Crerar and Charles M. Bowman, Esquire, was appointed to
conduct an inquiry into the financial readjustments involved
in the proposed transfer, and the Commission has since reported
its findings and these findings have been accepted and agreed
to by the Government of Canada and the Government of the
Province;

And whereas it is now expedient, in order to carry out the
purpose of the aforesaid Order in Council and to give effect to
the agreement arrived at in the premises between the Govern-
ment of Canada and the Government of the Province, to modify
the provisions of the statutes above referred to as herein set
out. ‘

Now Therefore This Agreement Witnesseth:

TRANSFER or PUBLIC LANDS GENERALLY.

1. In order that the Province may be in the same position
as the original Provinces of Confederation are in virtue of
section one hundred and nine of the Britislz North America Act,
186?’, the interest of the Crown in all Crown lands, mines,
minerals (precious and base) and royalties derived therefrom
within the Province, and all sums due or payable for such
lands, mines, minerals or royalties, shall, from and after the
coming into force of this agreement, and subject as therein
otherwise provided, belong to the Province, subject to any
trusts existing in respect thereof, and to any interest other
than that of the Crown in the same, and the said lands, mines,
minerals and royalties shall be administered by the Province

for the purposes thereof, subject, until the Legislature of the

Province otherwise provides, to the provisions of any Act of
the Parliament of Canada relating to such administration; any
payment received by Canada in respect of any such lands,
mines, minerals or royalties before the coming into force of

Manitoba Natural Resources.

this agreement shall continue to belong to Canada whether
paid in advance or otherwise, it being the intention that, except
as herein otherwise specially provided, Canada shall not be
liable to account to the Province for any payment made in
respect of any of the said lands, mines, minerals or royalties
before the coming into force of this agreement, and that the
Province shall not be liable to account to Canada for any such
payment made thereafter.

2. The Province will carry out in accordance with the
terms thereof every contract to purchase or lease any Crown
lands, mines or minerals and every other arrangement whereby
any person has become entitled to any interest therein as
against the Crown, and further agrees not to affect or alter any
term of any such contract to purchase, lease or other arrangc—
ment by legislation or otherwise, except either with the consent
of all the parties thereto other than Canada or in so far as any
legislation may apply generally to all similar agreements relating
to lands, mines or minerals in the Province or to interests
therein, irrespective of who may be the parties thereto.

3. Any power or right, which, by any such contract, lease
or other arrangement, or by any Act of the Parliament of
Canada relating to any of the lands, mines, minerals or royalties
hereby transferred, or by any regulation made under any such
Act, is reserved to the Governor in Council or to the Minister
of the Interior or any other officer of the Government of Canada,
may be exercised by such officer of the Government of the
Province as may be specified by the Legislature thereof from
time to time, and until otherwise directed, may be exercised
by the Minister of Mines and Natural Resources of the Province.

4. The Province will perform every obligation of Canada
arising by virtue of the provisions of any statute or order in
council or regulation in respect of the public lands to be
administered by it hereunder to any person entitled to a grant
of lands by way of subsidy for the construction of railways
or otherwise or to any railway company for grants of land for
right of way, road bed, stations, station grounds, workshops,
buildings, yards, ballast pits or other appurtenances.

5. The Province will further be bound by and will, with
respect to any lands or interests in lands to which the I-Iudson’s
Bey Company may be entitled, carry out the terms and con-
ditions of the Deed of Surrender from the said Company to
the Crown as modified by the Dominion Lands Act and the
Agreement dated the 23rd day of December, 1924, between
His Majesty and the said Company, which said Agreement
was approved by Order in Council dated the 19th day of
December, 1924: (P.C. 2158), and in particular the Province
will grant to the Companyany lands in the Province which
the Company may be entitled to select and may select from the
lists of lands furnished to the Company by the Minister of the
Interior under and pursuant to the said Agreement of the 23rd
day of December, 1924, and will release and discharge the
reservation in patents referred to in clause three of the said
agreement, in case such release and discharge has not been
made prior to the coming into force of this agreement. Nothing
in this agreement, or in any agreement varying the same as

18955-20

297

298

Manitoba N atwral Resources.

hereinafter provided, shall in any way prejudice or diminish
the rights of the Hudson’s Bay Company or affect any right
to or interest in land acquired or held by the said Company
pursuant to the Deed of Surrender from it to the Crown, the
Dominion Lands Act or the said Agreement of the 23rd day of
December, 1924.

Sonoon LANDS FUND AND Scnoor. LANDS.

6. Upon the coming into force of this Agreement, Canada
will transfer to the Province the money or securities constituting
that portion of -the school lands fund, created under sections
twenty-two and twenty-three of The Act to amend and consolidate
the several Acts respecting Public Lands of the Dominion, being
chapter thirty—one of forty-two Victoria, and subsequent sta-
tutes, which is derived from the disposition of any school lands
within the Province or within those parts of the District of
Keewatin and of the Northwest Territories now included
within the boundaries of the said Province.

7. The School Lands Fund to be transferred to the Province
as aforesaid and such of the school lands specified in section
thirty-seven of the Dominion Lands Act, ‘being chapter one
hundred and thirteen of the Revised Statutes of Canada, 1927,
as pass to the administration of the Province under the terms
hereof, shall be set aside and shall continue to be administered
by the Province in accordance, mutatis mutandis, with the
provisions of sections thirty-seven to forty of the Dominion
Lands Act, for the support of schools organized and carried on
therein in accordance with the law of the Province.

WATER.

8. The Province will pay to Canada, by yearly payments
on the first clay of January in each year after the coming into
force of this agreement, the proportionate part, chargeable
to the development of power on the Winnipeg River within

the Province, of the sums which have been or shall hereafter ‘

be expended by Canada pursuant to the agreement between
the Governments of Canada and of the Provinces of Ontario
and Manitoba, made on the 15th day of November, 1922, and
set forth in the schedule hereto, the Convention and Protocol
relating to the Lake of the Woods entered into between His
Majesty and the United States of America on the 24th day of
February, 1925, and the Lao Saul Conservation Act, 1928, being
chapter thirty-two of eighteen and nineteen George the Fifth,
the annual payments ‘hereunder being so calculated as to
amortise the expenditures aforesaid in a period of fifty years
from the date of the coming into force of this agreement and
the interest payable to be at the rate of five per cent per annum.

9. Canada agrees that the provision contained in section
four of the Dominion Water Power Act, being chapter two
hundred and ten of the Revised Statutes of Canada, 1927,
that every undertaking under the said Act is declared to be a
work for the general advantage of Canada, shall stand repealed
as from the date of the coming into force of this agreement in

Manitoba Natural Resources.

so far as the same applies to such undertakings within the
Province; nothing in this paragraph shall be deemed to affect
the legislative competence of the Parliament of Canada to make
hereafter any declaration under the tenth head of section
ninety-two of the British N orth America Act, 1867.

Frsnnruns.

10. Except as herein otherwise provided, all rights of
fishery shall, after the coming into force of this agreement,
belong to and be administered by the Province, and the Province
shall have the right to dispose of all such rights of fishery by
sale, licence or otherwise, subject to the exercise by the Parlia-
ment of Canada of its legislative jurisdiction over sea-coast
and inland fisheries.

INDIAN Rnsnavns.

11. All lands included in Indian reserves within the Prov-
ince, including those selected and surveyed but not yet confirmed,
as well as those confirmed, shall continue to be vested in the
Crown and administered by the Government of Canada for
the purposes of Canada, and the Province will from time to
time, upon the request of the Superintendent General of Indian
Affairs, set aside, out of the unoccupied Crown lands hereby
transferred to its administration, such further areas as the said
Superintendent General may, in agreement with the Minister
of Mines and Natural Resources of the Province, select as
necessary to enable Canada to fulfil its obligations under the
treaties with the Indians of the Province, and such areas shall
thereafter be administered by Canada in the same Way in all
respects as if they had never passed to the Province under the
provisions hereof.

12. The provisions of paragraphs one to six inclusive and
of paragraph eight of the agreement made between the Govern-
ment of the Dominion of Canada and the Government of the
Province of Ontario on the 24th day of March, 1924, which
said agreement was confirmed by statute of Canada, fourteen
and fifteen George the Fifth chapter forty-eight, shall (except
so far as they relate to the Bed of Navigable Waters Act) apply
to the lands included in such Indian reserves as may hereafter
be set aside under the last preceding clause as if the said agree-
ment had been made between the parties hereto, and the pro-
visions of the said paragraphs shall likewise apply to the lands
included in the reserves heretofore selected and surveyed,
except that neither the said lands nor the proceeds of the
disposition thereof shall in any circumstances become adminis-
trable by or be paid to the Province.

13. In order to secure to the Indians of the Province the
continuance of the supply of game and fish for their support
and subsistence, Canada agrees that the laws respecting game
in force in the Province from time to time shall apply to the
Indians within the boundaries thereof, provided, however,
that the said Indians shall have the right, which the Province

18955-201:

299

300

Manitoba N zztural Resources.

hereby assures to them, of hunting, trapping and fishing game
and fish for food at all seasons of the year on all unoccupied
Crown lands and on any other lands to which the said Indians
may have a right of access.

SOLDIER SE’1‘TLEMEN’I‘ LANDS.

14. All interests in Crown lands in the Province upon the
security of which any advance has been made under the pro-
visions of the Soldier Settlement Act, being chapter 188 of the
Revised Statutes of Canada, 1927, and amending Acts, shall
continue to be vested in and administered by the Government
of Canada for the purposes of Canada.

NATIONAL PARK.

15. The lands specified as included in the Riding Mountain
Forest Reserve, as such reserve is described in the schedule to
the Dominion Forest Reserves and Parks Act, being chapter
seventy-eight of the Revised Statutes of Canada, 1927, as
amended by eighteen and nineteen George the Fifth chapter
twenty, shall be established as a national park, and the said
lands, together with the mines and minerals (precious and base)
in such area and the royalties incident thereto shall continue
to be vested in and shall be administered by the Government
of Canada for the purposes of a national park, but in the event
of the Parliament of Canada at any time declaring that the

said lands or any part thereof are no longer required for such I

purposes, the lands, mines, minerals (precious and base) and
the royalties incident thereto, specified in any such declaration,
shall forthwith upon the making thereof belong to the Province,
and the provisions of paragraph three of this agreement shall
apply thereto as from the date of such declaration.

16. The Parliament of Canada shall have exclusive legis-
lative jurisdiction within the whole area included within the
outer boundaries of the said park, notwithstanding that portions
of such area may not form part of the park proper; the laws now
in force within the said area shall continue in force only until
changed by the Parliament of Canada or under its authority,
provided, however, that all laws of the Province now or here-
after in force, which are not repugnant to any law or regulation
made applicable within the said area by or under the authority
of the Parliament of Canada, shall extend to and be enforceable
within the same, and that all general taxing acts passed by the
Province shall apply within the same unless expressly excluded
from application therein by or under the authority of the
Parliament of Canada.

Sum) GRAIN, E’rc., LIENS.

17. Every lien upon any interest in any unpatented land
passing to the Province under this agreement, which is now
held by Canada as security for an advance made by Canada
for seed grain, fodder or other relief, shall continue to be vested
in Canada, but the Province will‘, on behalf of Canada, collect

Manitoba Natural Resources.

the sums due in respect of such advances, except so far as the
same are agreed to be uncollectible, and upon payment of any
advance, any document required to be executed to discharge
the lien may be executed by such officer of the Province as
may be authorized by any provincial law in that behalf; the
Province will account for and pay to Canada all sums belonging
to Canada collected hereunder, subject to such deduction to
meet the expenses of collection as may be agreed upon between
the Minister of the Interior and the Minister of Mines and
Natural Resources or such other Minister of the Province as
may be designated in that behalf under the laws thereof.

GENERAL RESERVATION TO CANADA.

18. Except as herein otherwise expressly provided, nothing
in this agreement; shall be interpreted as applying so as to
affect or transfer to the administration of the Province (:1) any
lands for which Crown grants have been made and registered
under the Real P7’ope7’ty Act of the Province and of which His
Majesty the King in the right of His Dominion of Canada is,
or is entitled to become the registered owner at the date upon
which this agreement comes into force, or (b) any ungranted
lands of the Crown upon which public money of Canada has
been expended or which are, at the date upon which this agree-
ment ecmes into force, in use or reserved by Canada for the
purpose of the federal administration.

Hrsronrc Srrns, BIRD SANCTUARIES, Ere.

19. The Province will not dispose of any historic site
which is notified to‘ it by Canada as such and which Canada
undertakes to maintain as an historic site. The Province will
further continue and preserve as such the bird sanctuaries and
public shooting grounds which have been already established
and will set aside such additional bird sanctuaries and public
shooting ‘grounds as may hereafter be established by agreement
between the Minister of the Interior and the Minister of Mines
and Natural Resources, or such other Minister of the Province
as may be specified under the laws thereof.

FINANCIAL TERMS.

20. In lieu of the provision made by section five of the
statute two George the Fifth chapter thirty—two above referred
to, Canada will, from and after the date of the coming into
force of this agreement, pay to the Province by half—yearly
payments in advance, on the first days of January and July
in each year, an annual sum based upon the population of the
Province as from time to time ascertained by the quinquennial
census thereof, as fo1lows:—-

The sum payable until the population of the said Province
reaches eight hundred thousand shall be five hundred and
sixty~two thousand five hundred dollars;

301

302

M amtoba Natural Resources.

Thereafter, until such population reaches one million two
hundred thousand, the sum payable shall be seven hundred
and fifty thousand dollars;

And thereafter the sum payable shall be one million one
hundred and twenty—five thousand dollars.

21. If at the date of the coming into force of this agreement
any payment has been made under the provisions of section
five of the statute two George the Fifth chapter thirty-two
above referred to in respect of any half-year commencing before
but terminating, after the said date, a proportionate part of
the payment so made shall be taken as having been made
under the provisions hereof. ‘

22. In order to provide an adequate financial readjustment
in favour of the Province for the period intervening between
its entrance into Confederation in 1870 and the first day of
July, 1908, before which date it received either no subsidy in
lieu of public lands or a smaller subsidy than it should have
received in order to put it on an equality with the other Prov-

inces, Canada, forthwith after the coming into force of this.

agreement, will, in accordance with the report of the herein-
before recited Commission, pay to the said Province the sum
of four million, five hundred and eighty—four thousand two
hundred and twelve dollars and forty—nine cents with interest
thereon at the rate of five per cent per annum from the first
day of July, 1929.

Rnconos.

23. Canada will after the coming into force of this agree-
ment, deliver to the Province from time to time at the request
of the Province the originals or complete copies of all records
in any department of the Government ‘of Canada relating
exclusively to dealings with Crown lands, mines and minerals,
and royalties derived therefrom within the Province, and will
give to the Province access to all other records, documents or
entries relating to any such dealings and permit to be copied
by the Province any of the documents required by it for the
effective administration of the Crown lands, mines, minerals
and royalties.

AMENDMENT or AGREEMENT.

24. The foregoing provisions of this agreement may be
varied by agreement confirmed by concurrent statutes of the
Parliament of Canada and the Legislature of the Province.

WHEN AGREEMENT COMES INTO Foncn.
25. This agreement is made sub’ect to its being approved

by the Parliament of Canada and y the Legislature of the –

Province of Manitoba, and shall take effect on the fifteenth
day of July, 1930, if His Majesty has theretofore given His
Assent to an Act of the Parliament of the United Kingdom of
Great Britain and N orthem Ireland confirming the same, and
if He has not given’ such Assent before the said day, then on
such date as may be agreed upon.

Manitoba N atuml Resources. 303

In witness whereof the Honourable Ernest Lapointe,
Minister of Justice, and the Honourable Charles Stewart,
Minister of the Interior, have hereunto set their hands on
behalf of the Dominion of Canada, and the Honourable John
Bracken, Premier of Manitoba, and the Honourable Donald G.
McKenzie, Minister of Mines and Natural Resources thereof,
have hereunto set their hands on behalf of the Province of

Manitoba.

Signed on behalf of the Govern-
ment of Canada by the Honour-
able Ernest Lapointe, Minister
of Justice, and the Honourable
Charles Stewart, Minister of

the Interior, in the presence of

O. M. BIGGAR.

Signed on behalf of the Province
of Manitoba by the Honour-
able John Bracken, Premier of
the said Province, and the
Honourable Donald G. Mc-
Kenzie, Minister of Mines and
Natural Resources thereof, in
the presence of

W. J. MAJOR

ERNEST LAPOINTE.

CHAS. STEWARII‘.

Joim BRACKEN.

DONALD G. MCKENZIE.

304 Manitoba Natural Resources.

SCHEDULE.

AGREEMENT BETWEEN CANADA, ONTARIO AND MANITOBA.

OT’i‘AWA, November 15, 1922.

MEMORANDUM: of agreement arrived at regarding the control
of the upper waters of the Winnipeg River.

Pnnsmvr:

Representing the Dominion Government
Right Honourable Mackenzie King, Prime Minister;
Honourable Charles Stewart, Minister of the
Interior; Mr. W. W. Cory, Deputy Minister of the
Interior.
In attendance
Mr. W. J. Stewart and Mr. J. B. Challies, Consulting
Engineers to the Department of External Affairs;
Mr. S. S. Scovil, Engineer of Lake of the Woods
Control Board.

Representing the Province of Ontario
Honourable C. Drury, Premier.

In attendance
Mr. H. G. Acres and Mr. L. V. Rorke.

Representing the Province of Manitoba
Honourable John Bracken, Premier.
Honourable R. W. Craig, Attorney-General; also
Honourable T. H. Johnson, K.C., Counsel. ‘

This agreement, as 23. working basis for the regulation of
the English and Winnipeg rivers, is entered into on the under-
standing that all parties are agreeable to the repeal of the Lake
of the Woods Regulation Act 1920, but Ontario does not bind
itself to the terms of this agreement in the event of that Act
not being repealed.

The Government representatives agreed that the general
advantage legislation could be rescinded on the following basis
(Mr. Bracken undertaking to urge the acceptance thereof by
the Manitoba power interests):

1. Control of Lake of the Woods

The recommendation of the Lake of the Woods Control
Board that the Norman Dam be expropriatecl was agreed to
in principle.

It was further understood that the Board should imme-
diately investigate and report to the three governments con-
cerned, Whether,

M amitoba Natural Resources.

(1) There is some alternative method of securing control
by construction of a new structure above the present dam or
otherwise;

(2) Failing such an alternative being found, under what
procedure and whether under Federal or Provincial auspices
should the dam be expropriated.

The cost of securing the results contemplated under either
(1) or (2) above should be borne on the following basis,-—

One-third of the total cost to be attributable to navigation
and borne by the Federal Government;

The remaining two-thirds to be considered chargeable to
power, to be borne in the first instance by the expropriating
Government, but

(a ) Ontario to be responsible for the share chargeable to
the undeveloped power site at White Dog Falls;

(1) ) The Federal Government (as proprietors of the water
powers on the Winnipeg river in Manitoba) to be
responsible in the first instance for the amount charge»
able to the remaining fall of the Winnipeg river in the
Province of Manitoba; the Department of the Interior
to recover cost of same from the present power develop-
ments on the river and from prospective power develop-
ments on such basis as that Department may consider
advisable.

So far as the amount chargeable to power is concerned,
the basis of settlement between the Dominion Government and
the Province of Ontario should be that of the ratio of potential
head in Ontario and Manitoba.

2. Regulation under Concurrent Legislation

It was agreed that the Lake of the Woods Control Board
should be instructed to immediately canvass the necessities of
the situation and make appropriate recommendations to the
Governments of Canada and Ontario with a view to having
approved and authorized whatever operating regulations are
considered necessary to make practically effective the existing
concurrent legislation.

3. Lac Soul

With regard to storage on Lac Soul, it is agreed that if
the power interests in Manitoba or their administrative agency
desire storage on Lac Seul, they shall immediately notify the
Government of Ontario to this eiieet. In the event of such
notification the Government of Ontario shall undertake not to
permit the construction of any development which would later
be destroyed, wholly or in part, by the creation of this storage,
and shall agree to grant flooding rights, on Crown Lands affected,
under the customary conditions, including recompense for timber
destroyed, and the usual rental for water powers which may
be wholly or partially destroyed incidental to the construction
of the said works. Further, the power interests benefited shall
be prepared, when required by the Government of Ontario, to
pay the said Government an amount to be ascertained by the

305

TTTTTTTTTTTTTTT – “ n,

Manitoba Natural Resources.

Control Board, suflficient to pay the difference between the
cost of power feasible of development at Pelican Falls and the
cost of a similar amount of power to be developed at some
other possible site designated by the Government of Ontario
and delivered at Sioux Lookout at a distribution voltage.

It is agreed that whatever storage scheme may be worked
out covering Lac Seul shall be under the jurisdiction of the
Lake of the Woods Control Board the cost of the same‘ to be
borne by the power interests as and when benefited.

4. I nternational Questions

With regard to the international issues it was unanimously
agreed that there was not suflicient data to enable a commitment
at the present stage with regard to storage and regulation on
Rainy and upper international lakes, and that in any case all
the interests concerned, governmental, municipal, corporate
and private, on both sides of the boundary, should be afforded
the opportunity and the advantage of presenting their views,
and of hearing the views of others presented, to the Inter~
national Joint Commission.

It was further agreed that the basis for an international
arrangement between the two countries arrived at by the
technical advisers of the United States and Canada at Wash-
ington in December, should be adhered to, namely,–—

(a) An immediate settlement by treaty of the Lake of the
Woods issues; and

(Z7) Concurrent with the ratification of such a treaty, an
appropriate reference to the International Joint Com~
mission respecting Rainy and upper lakes matters.

It was further agreed that once a reference of the upper
lakes matter has been ageed to, the Canadian Governments,
Dominion and Provincial, should facilitate in every possible
way, a thorough investigation and an early report by the
International Joint Commission, but that pending such a report,
the Dominion Government could not make any commitment
as to policy.

With regard to financial obligations arising under settle-
ment of the Lake of the Woods issues it was agreed that the
same should be borne by the respective Governments on the
same basis as that set out above for the acquirernont of the
Norman Darn.

(Sgd.) E. C. Dmmr,
For the Government of Ontario.

(Sgd.) J OHN BRACKEN,
For the Government of M anitoba.

(Sgd.) W. L. MACKIQNZIE KING,
For the Gooernnwni of Canada.

THE MANITOBA NATURAL RESOURCES
TRANSFER (AMENDMENT) ACT, 1948.079)

11-12 GEORGE VI, CHAPTER 60.

An Act to amend The Manitoba Natural Resources
Act.

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows‘:-

I. This Act may be cited as The Manitoba ‘Natural
Resources Transfer (Amendment) Act, 1948.

2. The Agreement set out in the Schedule is hereby con-
firmed and shall take eflect according to its terms. ,

SCHEDULE.

MEMORANDUM or AGREEMENT made the nineteenth clay
of April, AD. 1948.

BETWEEN .

THE GOVERNMFJNT or CANADA, represented herein by the
Honourable James Angus MacKjnnon, Acting Minister

of Mines and Resources,
Of the first part,
AND

THE GOVERNMENT or THE PROVINCE or MANITOBA, 1’epre~
sented herein by the Honourable John Stewart MoDiar—
mid, Minister of Mines and Natural Resources,

Of the second part,

Whereas the agreement entered into between the parties
hereto on the 14th day of December, AD. 1929 (hereinafter
referred to as the Natural Resources Transfer Agreement) was
duly approved by the Parliament of Canada and the Legislature

G”) In July, 1947, the Government of Manitoba. appointed !\ Commission to
enquire into matters relating to water power in Manitoba. In Mnrch,_1948. the
Commission recommended. among other things, the consolidation in a single Pro-
vincinl agency of exclusive responsibility for the development and operation of all
hydro electric power plants in Manitoba. To carry out this recommendation the
Government of Manitoba considered it desirable to enact legislation with respect
to the expropriation oi any property, works. plunt, lands, easements, rights, privileges,
machinery, installations, materials, devices, flttiiigs, apparatus, appliances and
equipment constructed, acquired or used. in the generation, development or tram
mission oi electrical power and energy in Mnnitobn, or in the taking, liso, diversion,
storage or pondago of water for any of the said purposes.

To remove any doubt as to the power of the Government of Manitoba to do
so, an amendment was required to clause 2 of the Manitoba Natural Resources
Transfer Agreement.

The necessary amendment to section 2 is embodied in an agreement between
the Government of Canada. and the Government of Manitoba, which was approved
by Order in Council PD. 1719, dated 17th April, 19¢8, and which appears as aachedule
to the bill. This agreement was previously confirmed by the Legislature of Maui-

toba.
307

1930, c. 29;
1938, o. 36,

Short title.

Agreement
confirmed.

308

of the Province, and upon an address to His Majesty from the
Senate and House of Commons of Canada, was confirmed and
declared to have the force of law by an Act of the Parliament
of the United Kingdom of Great Britain and Northern Ireland
entitled “The British North America Act, 1930”, assented to
on 10th July, 1930, being chapter tWenty—six of the Imperial
Statutes, 20-21 George V;

And whereas by paragraph twenty—four of the said Natural
Resources Transfer Agreement it was agreed that the provisions
of the said agreement might be varied by an agreement confirmed
by concurrent statutes of the Parliament of Canada and the
Legislature of the Province;

And whereas the said Natural Resources Transfer Agree»
mom; came into force pursuant to the provisions thereof, on the
15th day of July, 1930;

And whereas the provisions of the said Natural Resources

Transfer Agreement were, pursuant to the provisions of said ‘

paragraph twenty-four thereof, varied by an agreement made
between the Government of Canada of the first part and the
Government of the Province of Manitoba of the second part,
on the 5th day of March, A.D. 1938, and confirmed by con-
current statutes of the’Parliament of Canada and the Legisla-
ture of the Province; –

And whereas by paragraph two of the Natural Resources
’I‘ransfer Agreement, the Province agreed that it would carry
out, in accordance with the terms thereof every contract to
purchase or lease any Crown lands, mines or minerals and every
other arrangement whereby any person had become entitled to
any interest therein as against the Crown, and further agreed
not to affect or alter any term of any such contract to purchase,
lease or other arrangement by legislation or otherwise, except
either with the consent of all the parties thereto, other than
Canada, or in so far as any legislation may apply generally to
all similar agreements relating to lands, mines or minerals in
the Province or to interests therein, irrespective of who might
be the parties thereto;

And whereas it has been agreed between Canada and the
said Province that the terms of said paragraph two should be
further varied herein set out;

Now therefore this Agreement witnesscth that:

1. Paragraph two of_ the said Natural Resources Transfer
Agreement is varied by adding at the end thereof, the following
words: _

“or except in so far as any legislation

(a) is legislation relating to the control and regulation of

the generation, development, transformation, trans~
mission, utilization, distribution, supply, delivery,
dealing in, sale and use of electrical power and energy
in Manitoba, and of ‘the flow and right to the use, for
the generation and development of such power and

energy, or any other purpose connected therewith, of
the water at any time in any river, stream, water-
course, lake, creek, spring, ravine, canyon, lagoon,
swamp, marsh or other body of Water within the
Province and the taking, diversion, storage or pondage
of such Water for any of the said purposes, whether by
restriction, prohibition or otherwise and whether gene-
rally or with respect to any specified area therein;

01‘

(b) is legislation providing for the taking, acquisition and
purchase by agreement or compulsorily or otherwise
or by expropriation of any indentures, agreements,
arrangements, permits, interim permits, final licences,
licences, interim licences, leases, interim leases, rights,
liberties, privileges, easements, benefits, advantages or
other concessions of any person of whatever nature, in
relation to the flow and right to the use of the said
water or the taking, diversion, storage or pondage
thereof for the generation and development of electric
power and energy, the utilization, transmission, distri-
bution and sale of such power and energy, the occupa~
tion and use of Crown lands of the Province for the
maintenance and operation of hydro-electric and other
works of any person and any other rights, liberties,
privileges, easements, benefits, advantages and conces-
sions connected therewith or incidental or appurtenant
thereto;

or

(c) is legislation providing for the taking, acquisition and
purchase by agreement or eompulsorily or otherwise
or by expropriation of any property, works, plant,
lands, easements, rights, privileges, machinery, installa-
tions, materials, devices, fittings, apparatus, appliances
and equipment of any person constructed, acquired
or used in the generation, development or transmis—
sion of such power and energy or in the taking, use,
diversion, storage or pondage of said water, and
whether generally in the said Province or in any spe~
cifiecl area therein.”

2. This agreement is made subject to its being confirmed
by the Parliament of Canada and by the Legislature of the
Province of Manitoba, and shall take effect on the first clay of
the calendar month beginning next after its confirmation as
aforesaid, whichever approval, that of the Parliament of Canada
or that of the Legislature of the Province, shall be later in date.

In witness whereof the Honourable James Angus Mac-
Kinnon, Acting Mini.ster of Mines and Resources, has hereunto
set his hand on behalf of the Dominion of Canada; and the
Honourable John Stewart McDiarmid, Minister of Mines and
Natural Resources, has hereunto set his hand on behalf of the
Province of Manitoba.

310

Signed on behalf of the Government of
Canada by the Honourable James
Angus M2LeKinnon, Acting Minister
of Mines and Resources,

in the presence of:
A. C. L. ADAMS.
Signed on behalf of the Government of
Manitoba by the Honourable John
Stew23.1’tMcDia1’mid, Minister of Mines J. S. NICDLARMID.
and Natural Resources,
in the presence of:

D. M. S’l‘EPFlENs.

J AS. A. MACKINNON.

THE SASKATCHEWAN NATURAL RESOURCES
ACT.

20-21 GEORGE V, CHAPTER 41.

An Act respecting the transfer of the Natural Resources
of Saskatchewan.(‘3°)

[Assenied to 30th May, 1930.]

His Majesty, by and with the advice and consentof the
Senate and House of Commons of Canada, enacts as follows :———

1. This Act may be cited as The Saskatchewan Natural
Resources Act.

2. The agreement set out in the schedule hereto is hereby
approved.

SCHEDULE.
MEMORANDUM OF AGREEMENT.
Made this 20th day of March, 1930.

BETWEEN

THE GOVERNMENT or TEE DOMINION or CANADA, repre-
sented herein by the Honourable Ernest Lapointe,
Minister of Justice, and the Honourable Charles
Stewart, Minister of the Interior,

Of the first part,
AND

THE GOVERNMENT or THE PROVINCE or SASKATCHEWAN,
represented herein by the Honourable James Thomas
Milton Anderson, Premier and Minister of Education
of the Province, and the Honourable Murdoch Alex-
ander MacPherson, Attorney~General,

Of the second part.

Whereas by section twenty-one of the Saskatchewan Act,
being chapter forty-two of the four and five Edward the Seventh,
it was provided that “All Crown lands, mines and minerals
and royalties incident thereto, and the interest of the Crown
in the waters within the Province under the N07‘th—West Irriga.t1Ion
Act, 1898, shall continue to be vested in the Crown and admin~
istered by the Government of Canada for the purposes of
Canada, subject to the provisions of any Act of the Parliament
of Canada with respect to road allowances and roads or trails
in force immediately before the coming into force of this Act,
which shall apply to the said Province with the substitution
therein ofthe said Province for the North—West Territories;”

(mg See Note respecting The Saskatchewan Natural Resources at page 321 of
this vo urue.
3 1 1

Short title.

A t
afiféfiifififi.

312

Saskatchewan Natural Resources.

And whereas the Government of Canada desires that the
Province should be placed in a position of equality with the
other provinces of Confederation with respect to the adminis-
tration and control of its natural resources as from its entry
into Confederation in 1905;

And whereas the Government of the Province contends
that, before the Province was constituted and entered into
Confederation as aforesaid, the Parliament of Canada was not
competent to enact that the natural resources within the area
now included within the boundaries of the Province should
vest in the Crown and be administered by the Government of
Canada for the purposes of Canada and was not entitled to
administer the said natural resources otherwise than for the
benefit of the residents within the said area, and moreover
that the Province is entitled to be and should be placed in a
position of equality with the other Provinces of Confederation
with respect to its natural resources as from the fifteenth day
of July, 1870, when Rupert’s Land and the North—Western
Territory were admitted into and became part of the Dominion
of Canada:

And whereas it has been agreed between Canada and the
said Province that the said section of the Saskatchewan Act
should be modified and that provision should beniade for the
determination of the respective rights and obligations of Canada
and the Provinces as herein set out;

Now Therefore This Agreement Witnesseth:

TRANSFER or PUBLIC LANDS GENERALLY.

1. In order that the Province may be in the same position
as the original Provinces of Confederation are in virtue of
section one hundred and nine of the British North America Act,
1867, the interest of the Crown in all Crown lands, mines,
minerals (precious and base) and royalties derived therefrom
within the Province, and all sums due or payable for such lands,
mines, minerals or royalties, shall from and after the coming
into force of this agreement and subject as therein otherwise
provided, belong to the Province, subject to any trusts existing
in respect thereof, and to any interest other than that of the
Crown in the same, and the said lands, mines, minerals and
royalties shall be administered by the Province for the purposes
thereof, subject, until the Legislature of the Province otherwise
provides, to the provisions of any Act of the Parliament of
Canada relating to such administration; any payment received
by Canada in respect of any such lands, mines, minerals or
royalties before the coming into force of this agreement shall
continue to belong to Canada whether paid in advance or other-
wise, it being the intention that, except as herein otherwise
specially provided, Canada shall not be liable to account to the
Province for any payment made in respect of any of the said
lands, mines, minerals, or royalties before the coming into
force of this agreement, and that the Province shall not be
liéable to account to Canada for any such payment made there-
a ter.

Saskatchewan N air//ral Resources.

2. The Province will carry out in accordance with the
terms thereof every contract to purchase or lease any Crown
lands, mines or minerals and every other arrangement whereby
any person has become entitled to any interest therein as
against the Crown, and further agrees not to aiicct or alter
any term of any such contract to purchase, lease or other
arrangement by legislation or otherwise, except either with the
consent of all the parties thereto other than Canada or in so
far as any legislation may apply generally to all similar agree~
ments relating to lands, mines or minerals in the Province or
ti: interests therein, irrespective of who may be the parties
t ereto.

3. Any power or right, which, by any such contract, lease
or other arrangement, or_by any Act of the Parliament of
Canada relating to any of the lands, mines, minerals or royalties
hereby transferred or by any regulation made under any such
Act, is reserved to the Governor in Council or to the Minister
of the Interior or any other officer of the Government of Canada,
may be exercised by such officer of the Government of the
Province as may be specified by the Legislature thereof from
time to time, and until otherwise directed, may be exercised
by the Provincial Secretary of the Province.

4. The Province will perform every obligation of Canada,
arising by virtue of the provisions of any statute or Order
in Council or regulation in respect of the public lands to be
administered by it hereunder, to any person entitled to a grant
of lands by way of subsidy for the construction of railways
or otherwise or to any railway company for grants of lands
for right of way, road bed, stations, station grounds, work-
shops, buildings, yards, ballast pits or other appurtenances.

5. The Province will further be bound by and will, with
respect of any lands or interests in lands to which the Hudson’s
Bay Company may be entitled, carry out the terms and con~
ditions of the Deed of Surrender from the said Company to
the Crown as modified by the Dominion Lands Act and the
agreement dated the 23rd day of December, 19241, between
His Majesty and the said Company, which said Agreement
was approved by Order in Council dated the 19th day of
December, 1924 (l’.C. 2158), and in particular the Province
will grant to the Company any lands in the Province which
the Company may be entitled to select and may select them
from the lists of lands furnished to the Company by the Minister
of the Interior under and pursuant -to the said agreement of
the 23rd day of December, 1924, and will release and discharge
the reservation in patents referred to in clause three of the
said agreement, in case such release and discharge has not
been made prior to the coming into force of this agreement.
Nothing in this agreement, or in any agreement varying the
same as hereinafter provided, shall in any way prejudice or
diminish the rights of the Hudson’s Bay Company or affect any
right to or interest in land acquired or held by the said Company
pursuant to the Deed of Surrender from it to the Crown, the
Dominion Lands Act or the said agreement of the 23rd day of
December, 1924-. ‘

313V

314

Saslcatchewan N atnral Resources.

Sonoor. LANDS FUN!) AND Sonoon LANDS.

6. Upon the coming into force of this agreement, Canada
will transfer to the Province the money or securities constituting
that portion of the school lands fund, created under sections
twenty-two and twenty-three of the Act to amend and consolidate
the several Acts respecting Public Lands of the Dominion, being
chapter thirty-one of forty-two Victoria, and subsequent
statutes, which is derived from the disposition of any school
lands within the Province or within that part of the Northwest
Territories now included within the boundaries thereof.

7. The school lands fund to be transferred to the Province
as aforesaid, and such of the school lands specified in section
thi1ty—seven of the Dominion Lands Act, being chapter one
hundred and thirteen of the Revised Statutes of Canada, 1.927,
as pass to the administration of the Province, under the terms
hereof, shall be set aside and shall continue to be administered
by the Province in accordance, muiatis mutandis, with the
provisions of sections thirty-seven to forty of the Dominion
Lands Act, for the support of schools organized and carried on
therein in accordance with the law of the Province.

WATER.

8. Canada agrees that the provision contained in section
four of the Dominion Water Power Act, being chapter two
hundred and ten of the Revised Statutes of Canada, 1927, that
every undertaking under the said Act is declared to be a Work
for the general advantage of Canada, shall stand repealed as
from the date of the coming into force of this agreement in so
far as the same applies to undertakings within the Province;
nothing in this paragraph shall be deemed to aiiect the legislative
competence of the Parliament of Canada to make hereafter any
declaration under the tenth head of section ninety—two of the
British North America Act, 1867.

Frsnnmns.

9. Except as herein otherwise provided, all rights of fishery
shall, after the coming into force of this agreement, belong to
and be administered by the Province, and the Province shall
have the right to dispose of all such rights of fishery by sale,
licence or otherwise, subject to the exercise by the Parliament
of Canada and its legislative jurisdiction over sea—coast and
inland fisheries.

INDIAN Rnsnnvns.

10. All lands included in Indian reserves Within the Prov-
ince, including those selected and surveyed but not yet confirmed,
as well as those confirmed, shall continue to be vested in the
Crown and administered by the Government of Canada for
the purposes of Canada, and the Province will from time to
time, upon the request of the Superintendent General of Indian
Affairs, set aside, out of the unoccupied Crown lands hereby
transferred to its administration, such further areas as the said

Saskatchewan N atuml Resources.

Superintendent General may, in agreement with the appropriate
Minister of the Province, select as necessary to enable Canada
to fulfil its obligations under the treaties with the Indians of
the Province, and such areas shall thereafter be administered
by Canada in the same way in all respects as if they had never
passed to the Province under the provisions hereof.

11. The provisions of paragraphs one to six inclusive and
of paragraph eight of the agreement made between the Govern—
mcnt of the Dominion of Canada and the Government of the
Province of Ontario on the 24th day of March, 1924, which
said agreement was confirmed by statute of Canada, fourteen
and fifteen George the Fifth chapter forty—eight, shall (except
so far as they relate to the Bed of Navigable Waters Act ) apply
to the lands included in such Indian reserves as may hereafter
be set aside under the last preceding clause as if the said agree-
ment had been made between the parties hereto, and the pro-
visions of the said paragraphs shall likewise apply to the lands
included in the reserves heretofore selected and surveyed,
except that neither the said lands nor the proceeds of the dis-
position thereof shall in any circumstances become administrable
by or be paid to the Province.

12. In order to secure to the Indians of the Province the
continuance of the supply of game and fish for their support
and subsistence, Canada agrees that the laws respecting game
in force in the Province from time to time shall apply to the
Indians within the boundaries thereof, provided, however, that
the said Indians shall have the right, which the Province hereby
assures to them, of hunting, trapping and fishing game and
fish for food at all seasons of the year on all unoccupied Crown
lands and on any other lands to which the said Indians may
have a right of access.

Sonmns SETTLEMENT LANDS.

13. All interest in Crown lands in the Province upon the
security of which any advance has been made under the pro-
visions of the Soldier Settlement Act, being chapter 188 of the
Revised Statutes of Canada, 19197, and amending Acts, shall
continue to be vested in and administered by the Government
of Canada for the purposes of Canada.

NATIONAL PARKS.

14. The Prince Albert National Park shall continue as a
national park and the lands included therein as the same are
described in Orders made by the Governor in Council on the
twenty—fourth day of March, 1927 (P.C. 524), the eighteenth
day of October, 1928 (P.C. 1846) and the sixth day of February,
1929 (RC. 162), together with the mines and minerals (precious
and base) in the said park and the royalties incident thereto,
shall continue to be vested in and administered by the Govern-
ment of Canada as a national park, but in the event of the
Parliament of Canada at any time declaring that the said land
or any part thereof is no longer required for park purposes;
the lands, mines, minerals (precious and base) and the royalties

316

Saskatchewan N alwal Resources.

incident thereto, specified in any such declaration, shall forthwith
upon the making thereof belong to the Province, and the
provisions of paragraph three of this agreement shall apply
thereto as from the date of such declaration.

15. The Parliament of Canada shall have exclusive legis-
lative jurisdiction within the whole ‘area included within the
outer boundaries of the said park, notwithstanding that portions
of the said area may not form part of the park proper; the
laws now in force within the said area shall continue in force
only until changed by the Parliament of Canada or under its
authority, provided, however, that all laws of the Province
now or hereafter in force, which are not repugnant to any law
or regulation made applicable within the said area by or under
the authority of the Parliament of Canada, shall extend to and
be enforceable within the same, and that all general taxing Acts
passed by the Province shall apply within the same unless
expressly excluded from application therein by or under the
authority of the Parliament of Canada.

16. The Province will not, by works outside the boundaries
of the said park, reduce the flow of water in any of the rivers
or streams within the same to less than that which the Minister
of the Interior may deem necessary adequately to preserve the
scenic beauties of the said park.

17. In the event of its being hereafter agreed by Canada
and the Province that any area or areas of land in the Province,
in addition to that hereinbefore specified, should be set aside
as national parks and be administered by Canada, the foregoing
provisions of this agreement on the subject of parks may be
applied to such area or areas with such modification as may be
agreed upon.

SEED GRAIN, Ere‘, LIENS.

18. Every lien upon every interest in any unpatented land
passing to the Province under this agreement, which is now
held by Canada as security for an advance made by Canada
for seed grain, fodder or other relief, shall continue to be vested
in Canada. but the Province will, on behalf of Canada, collect
the sums due in respect of such advances, except so far as the
same are agreed to be uneollectible, and upon payment of any
such advance, any document required to be executed to discharge
the lien may be executed by such oflicer of the Province as
may be authoriyed by any provincial law in that behalf; the
Province will account for and pay to Canada all sums belonging
to Canada collected hereunder, subject to such deduction to
meet the expenses of collection as may be agreed upon between
the Minister of the Interior and the Provincial Secretary or
such other Minister of the Province as may be designated in
that behalf under the laws thereof.

GENERAL Rnsnnvuron TO CANADA.

_ 19. Except as herein otherwise expressly provided, nothing
in this agreement shall be interpreted as applying so as to
affect or transfer to the administration of the Province (0.) any

Saslcatchewcm Natural Resources

lands for which Crown grants have been made and registered
under the Land Titles Act of the Province and of which His
Majesty the King in the right of His Dominion of Canada is,
or is entitled to become the registered owner at the date upon
which this agreement comes into force, or (b) any ungranted
lands of the Crown upon which public money of Canada has
been expended or which are, at the date upon which this agree-
ment comes into force, in use or reserved by Canada for the
purpose of the federal administration.

HISTORIC Srrns, Brnn Simcrrrmmns, Ere.

20. The Province will not dispose of any historic site
which is notified to it by Canada as such and which Canada
undertakes to maintain as an historic site. The Province will
further continue and preserve as such the bird sanctuaries and
public shooting grounds which have been already established
and will set aside such additional bird sanctuaries and public
shooting grounds as may hereafter be established by agreement
between the Minister of the Interior and the Provincial Secretary
or such other Minister of the Province as may be specified under
the laws thereof.

FINANCIAL TERMS.

21. In lieu of the provision made by subsection one of
section twenty of the Saskatchewan Act, Canada will, from
and after the date of the coming into force of this agreement,
pay to the‘ Province by half-yearly payments in advance, on
the first days of January and July in each year, an annual
sum based upon the population of the Province as from time
to time ascertained by the quinquennial census thereof, as
follows:

The sum payable until such population reaches one million
tiwfi hundred thousand shall be seven hundred and fifty thousand

o are;

And thereafter the sum payable shall be one million one

hundred and twenty~five thousand dollars.

22. If at the date of the coming into force of this agree-
ment any payment has been made under subsection one of
section twenty of the Saskatchewan Act in respect of any half-
yoar commencing before but terminating after the said ilate,
a proportionate part of the payment so made shall be taken as
having been made under the provisions hereof.

23. Provision will be made pursuant to section fifty—five
of the Supreme Court Act, being chapter thi1’ty—five of the
Revised Statutes of Canada, 1927, to submit for the consideration
of the Supreme Court of Canada questions agreed upon between
the parties hereto as being appropriate to obtain the judgment
of the said Court, subject to appeal to His Majesty in Council
in accordance with the usual practice, as to the rights of Canada
and the Province respectively, before the first day of September,
1905, in or to the lands, mines or minerals (precious or base),
now lying within the boundaries of the Province, and as to
any alienation by Canada before the said date of any of the
said lands, mines or minerals or royalties incident thereto.

317

818

Saslcatchewzm Natural Resources

24. As soon as final answers to the questions submitted
upon the last preceding paragraph have been given, the Govern-
ment of Canada will appoint three persons to be agreed upon
to be Commissioners under Part I of the Inqziiries Act, to
inquire and report whether any, and if any, what consideration,
in addition to the sums provided in paragraph twenty-one
hereof, shall be paid to the Province in order that the Province
may be placed in a position of equality with the other provinces
of Conledei-ation with respect to the administration and control
of its natural resources either as from the first day of September,
1905, or as from such earlier date, if any, as may appear to be
proper, having regard to the answers to the questions submitted
as aforesaid; such commissioners to be empowered to decide
what financial or other considerations are relevant to the inquiry
and the report to be submitted to the Parliament of Canada
and to the Legislature of Saskatchewan, if by the said report,
the payment of any additional consideration is recommended,
then, upon agreement between the Governments of Canada
and of the Province following the submission of such report,
the said Governments will respectively introduce the legislation
necessary to give cifect to such agreement.

Rnconns.

25. Canada will, after the coming into force of this agree-
ment, deliver to the Province from time to time at the request
of the Province the originals or complete copies of all records
in any department of the Government of Canada relating
exclusively to dealings with Crown lands, mines and minerals,
and royalties derived therefrom within the Province, and will
give to the Province access to all other records, documents
or entries relating to any such dealings and permit to be copied
by the Province any of the documents required by it for the
effective admi.ni.stration of the Crown lands, mines, minerals
and royalties.

AMENDMENT or AGREEMENT.

26. The foregoing provisions of this agreement may be
vaiied by agreement confirmed by concurrent statutes of the
Parliament of Canada and the Legislature of the Province.

RESERVATION or Rm:-rrs.

27. This agreement is signed on behalf of the Province
with the reservation on its part that neither the execution
thereof nor any statute confirming the same shall alfect or
prejudice any right the Province may now have to call into
question the legislative competence of the Parliament of Canada
to enact certain sections of the Saslcatchewzm Act and the
Domimon Lands Acts.

WHEN AGREEMENT Comes INTO Foncn.

28. This agreement is made subject to its being approved
by the Parliament of Canada and by the Legislature of the
Province of Saskatchewan, and shall take efiect on the first

Saskatchewan N axfural Resources.

day of the calendar month beginning next after the day upon
which His Majesty gives His Assent to an Act of the Parliament
of the United Kingdom of Great Britain and Noithern Ireland
confirming the same.

In witness whereof the Honourable Ernest Lapointe,
Minister of Justice, and-the Honourable Charles Stewart,
Minister of the Interior, have hereunto set their handson
behalf of the Dominion of Canada, and the Honourable James
Thomas Milton Anderson, Premier and Minister of Education
of the Province, and the Honourable Murdoch Alexander
MacI’herson, Attorney-General thereof, have hereunto set their
hands on behalf of the Province of Saskatchewan. ‘

ERNEST LAPOINTE.
Signed on behalf of the Govern-
ment of Canada, by the Hon-
ourable Ernest Lapoiiite,
Minister of Justice, and the
Honourable Charles Stewart,
Minister of the Interior, in

the presence of

O. M. Broom.
CHAS. STEWART.

J. T. M. Annrmson.

Signed on behalf of the Province
of Saskatchewan by the Hon-
ourable James Thomas Milton
Anderson, Premier and Min-
ister of Education, and the
Honourable Murdoch Alex-
ander MacPherson, Attorney-
General, in the presence of

JAS. F. llnimmr.

R. STIPE.
M. A. MACPHERSON.

319

1930. c. 41.

Short title.

Agreement
confirmed.

THE SASKATCHEWAN NATURAL RESOURCES
ACT, No. 2.

21-22 GEORGE V, CHAPTER 51.

An Act to amend The Saskatchewan Natural Resources
Act.

[Assentcol to 8rd August, 1.931.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:~

1. This Act may be cited as The Saskatchewan Natural
Resources Act, No. 9, and The Saslcetclzewan Natural Resources
Act, chapter forty~one of the statutes of 1930 (first session),
and this Act may be cited together as The Saslcatchcwan Natural
Resources Acts.

~ 2. The agreement set out in the schedule hereto is hereby
confirmed and shall take effect according to its terms.

SCHEDULE.
MEMORANDUM OF AGREEMENT.
Made this 7th day of August, 1930.

BETWEEN:

THE GOVERNMENT on THE DOMINION or CANADA, repre~
sented herein by the Honourable Charles Stewart,
Minister of the Interior, ’

Of the first part,

AND

THE GOVERNMENT on THE 1’nov1Ncn or SASKATCHEWAN,
represented herein by the Honourable James Thomas
Milton Anderson, Premier of Saskatchewan,

Of the second part.

Whereas by paragraph 26 of the agreement made between
the parties hereto on the 20th day of March, 1930, it was agreed
that the provisions of the said agreement might be varied by
agreement confirmed by concurrent statutes of the Parliament
of Canada and the Legislature of the Province,

And Whereas it was further provided by certain clauses
of the said agreement, more particularly paragraphs 1, 6, 8,
9, 19, 21, 22 and 25, that the relations of the parties thereto
should be altered as in the said agreement specified from and
after the date of the coming into force thereof, and the date

320

Saskatchewan N aturul Resources Act.

upon which it was then contemplated that it should come
into force, as defined by paragraph 28, has now been ascertained
as being the 1st day of August, 1930 ;

And whereas the Government of the Province has requested
that the presently existing powers and rights of each of the
parties should continue Without alteration until the 1st day
of October, 1930, and the parties hereto have agreed accordingly:

Now Therefore This Agreement Witnesseth that:

1. Notwithstanding anything in the said agreement con-
tained, any expression therein contained which defines a date
by reference to which the powers or rights of either of the
parties are to be altered shall be read as referring to the 1st
day of October, 1930, instead of to the 1st day of August in
that year.

2. The Government of Canada will recommend to Parlia-
ment and the Government of the Province of Saskatchewan
will recommend to the Legislature of the said Province such
legislation as may be necessary to give effect to this agreement.

In Witness Whereof the Honourable Charles Stewart,
Minister of the Interior, has hereunto set his hand on behalf
of the Dominion of Canada, and the Honourable James Thomas
Milton Anderson, Premier of Saskatchewan, has hereunto set
his hand on behalf of the said Province.

Signed on behalf of the Govern-
ment of Canada by the Hon-
ourable Charles Stewart,
Minister of the Interior, CHAS_ STEWAR1

in the presence of:
W. J. F. PRATT.

Signed on behalf of the Prov-
ince of Saskatchewan by the
Honourable James Thomas
Milton Anderson, Premier of
the said Province, J. T. M. ANDERSON.

in the presence of:

W. W. Court.

18955–21

321

1030, o. 41;
1931, c. 51.

Short title.

Agreement
confirmed.

THE SASKATCHEWAN NATURAL RESOURCES
ACT, N0. 3. –

11 GEORGE VI, CHAPTER 45.

An Act to vary the Saskatchewan Natural Resources
Agreement.

[Asscntcd to 27th J unc, 1947.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:—

1. This Act may be cited as The Saskatchewan Natural
Resources Act, No. 3.

2. The Agreement set out in the Schedule to this Act is
hereby confirmed and shall take effect according to its terms.

SCHEDULE.

MEMORANDUM or AGREEMENT made this 6th day of Decem-
ber, 1946,

BETWEEN:

Tun GOVE1’tNMli)N’l‘ or THE DOMINION or CANADA, repre-
sented herein by the Honourable James Allison Glen,
Minister of Mines and Resources, ‘

Of the first part,

AND

THE G0vnnNM1<:N’r on THE PROVINCE on SASKATCHEWAN, represented herein by the Honourable Joseph Lee Phelps, Minister of Natural Resources and Industrial Development ’ Of the second part. Whereas the Agreement entered into between the parties hereto on the twentieth day of March, AD. 1930 (hereinafter referred to as the Natural Resources Transfer Agreement), was duly approved by the Parliament of Canada and the Legislature of the Province, and upon an address to His Majesty from the Senate and House of Commons of Canada, was confirmed and declared to have the force of law by an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland entitled “The British North America Act, 1930”, being chapter twenty-six of the Imperial Statutes, 20-21 George V; ‘ And whereas by paragraph 26 of the said Natural Resources Transfer Agreement it was agreed that the provisions of the said Agreement might be varied by an Agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of the Province; 322 Saskatchewan Natural Resources Act. And whereas the said Natural Resources Transfer Agree- ment came into force on the first day of October, A.D. 1930, in virtue of a further Agreement between the parties thereto, dated the seventh day of August, A.D. 1930, which was duly confirmed by concurrent; statutes of the Parliament of Canada and the Legislature of the Province; And whereas it was provided by paragraph 20 of the said Natural Resources Transfer Agreement as follows: “The Prov- ince will not dispose of any historic site which is notified to it by Canada as such and which Canada undertakes to maintain as an historic site. The Province will further continue and preserve as such the bird sanctuaries and public shooting grounds which have been already established and will set aside such addi- tional bird sanctuaries and public shooting grounds as may hereafter be established by agreement between the Minister of the Interior and the Provincial Secretary or such other Minister of the Province as may be specified under the laws thereoi’.” And whereas it has been agreed between Canada and the Province of Saskatchewan that certain public shooting grounds and bird sanctuaries which were established at the time of the making of the said National Resources Transfer Agreement and since maintained by the Province should be discontinued and that authority should also be given under certain conditions to discontinue any public shooting grounds and bird sanctuaries established pursuant to the said Agreement; Now therefore this agreement witnesseth as follows :— 1. The said Natural Resources Transfer Agreement is hereby amended by adding after the above mentioned para- graph 20 the following new paragraph: “20A. The Province may discontinue any bird sanctuary or public shooting ground which was transferred to the Province by virtue of this Agreement or which has since been established by the Province or which may hereafter be established by the Province pursuant to this Agreement in any case in which an agreement is entered into between the Minister of Mines and Resources of Canada and the Minister of Natural Resources and Industrial Development of Saskatchewan approved by the Governor in Council and the Lieutenant Governor in Council respectively, providing for the discontinuance of any such bird sanctuary or public shooting ground.” 2. This Agreement is made subject to its being approved – by the Parliament of Canada and by the Legislature of the Province of Saskatchewan, and shall take effect on the first day of the calendar month beginning next after its approval as aforesaid, whichever approval, that of the Parliament of Canada or that of the Legislature of the Province, shall be later in date. In witness whereof the Honourable James Allison Glen, Minister of Mines and Resources, has hereunto set his hand on behalf of the Dominion of Canada; and the Honourable Joseph Lee Phelps, Minister of Natural Resources and Industrial Development, has hereunto set his hand on behalf of the Prov- ince of Saskatchewan. 18955—21§ 323 324 Saskatchewan Natural Resources Act. Signed on behalf of the Government of‘ Canada by the Honourable James Allison Glen, Minister‘ of Mines and Resources, in the presence of “M. I. MCEWEN.” “J. ALLISON GLEN.” Signed on behalf of the Government of Saskatchewan by the Honourable Joseph Lee Phelps, Minister of Natural Resources and Industrial Development, in the presence of “E. L. PAYN’mR.” “JosEI>H LEE. PHELPS.”

Note respecting The Saskatchewan Natural Resources.

The Saslcatchewan Natural Resources Act, No. 4, chapter 69
of the Statutes of 1948 amended the Natural Resources Transfer
Agreement contained in the Schedule to The Saskatchewan
Natural Resources Act of 1930 (See page 311 of this volume)
by adding to paragraph 7 of the Agreement (page 314) the
following words.

“School lands may be sold to veterans qualified to parti~
cipate in the benefits of the Veterans Land Act, 1942, and amend-
ments thereto, under and subject to terms and conditions to be
prescribed by regulations made by the Lieutenant Governor in
Council”.

THE REFUNDS (NATURAL RESOURCES) ACT.
22-23 GEORGE V, CHAPTER 35.

An Act to authorize the Refund of Moneys received in
connection with the administration of the Natural

Resources.
[Assented to 13th M ay, 1932.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows :—

1. This Act may be cited as The Refunds ( Natural Re-
sources ) Act.

2. The Governor in Council upon the recommendation of
the Minister of the Interior may authorize the payment out of
the Consolidated Revenue Fund of any sums of money repre~
senting dues, fees, guarantee deposits, credit balances, moneys
paid for settlers’ improvements, moneys held in trust, and
other sums of money received in connection with the adminis-
tration of the natural resources prior to the -transfer thereof to
the Provinces of Manitoba, British Columbia, Saskatchewan,
and Alberta, respectively, which His Majesty is under any
legal obligation, or, in the opinion of the Minister, concurred
in by the Governor in Council, is under any equitable obligation,
to refund to any person in connection with any transactions
relating to the said natural resources.

3. Within fifteen days after the commencement of each
session of Parliament, the Minister of the Interior shall cause
to be laid before both Houses of Parliament 9. statement of all
moneys refunded under the authority of this Act since the last
preceding session of Parliament, showing the name of each
person to whom any sum of money has been so refunded, the
amount of money refunded, the date of each such refund and

the reason therefor.

325

Short title.

Authority
to make
refunds.

Statement
to be laid
before
Parliament.

THE NATURAL RESOURCES TRANSFER
(AMENDMENT) ACT, 1938.

2 GEORGE VI, CHAPTER 36.

An Act to amend The Manitoba Natural Resources Act,
The Alberta Natural Resources Acts, and The Saskat-
chewan Natural Resources Acts.

[Asse-nted to 24th J mm, 1.938.]

1930, 13.29;
}g§‘17:‘;:§”5; His Majesty, by and with the advice and consent of the

1930, c.41; Senate and House of Commons of Canada, enacts as follows:~—

Short title. 1. This Act may be cited as The Natural Resources Transfer
(Amendment) Act, 1938.
Agreomenta 2. The Agreements set out in the Schedule to this Act are

0°nfitmed- hereby confirmed and shall have and take elfect according to
their respective terms.

construction, 3. This Act shall be read and construed as one with the
following Acts, respectively 2-
(a ) The M anttoba Natural Resources Act, chapter tvventy~
nine of the statutes of 1930 (first session) ;
(b) The Alberta Natural Resources Acts, chapter three of
the statutes of 1930 (first session) and chapter fifteen
of the statutes of 1931;
(0) The Saskatchewan Natural Resources Acts, chapter forty-
one of the statutes of 1980 (first session) and chapter
fifty-one of the statutes of 1931.

_ SCHEDULE.
MEMORANDUM of Agreement made this 5th day of March
A.D. 1938
BETWEENZ

THE GOVERNMENT or THE DOMINION or CANADA, repre-
sented herein by the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources,

Of the first part,
AND

THE GOVERNMENT or THE Pnovmcm or MANITOBA, repre-
sented hercin by the Honourable John Stewart
McDiarmid, Minister of Mines and Natural Resources,

Of the second part.
326

Natural Resources Transfer Act.

Whereas the Agreement entered into between the parties
hereto on the 14th day of December, A.D. 1929 (hereinafter
referred to as the Natural Resources Transfer Agreement) was
duly approved by the Parliament of Canada and the Legislature
of the Province, and upon an address to His Majesty from the
Senate and House of Commons of Canada, was confirmed and
declared to have the force of law by an Act of the Parliament
of the United Kingdom of Great Britain and Northern Ireland
entitled “The British North America Act, 1930,” assented to
on the 10th July, 1930, being chapter twenty-six of the Imperial
Statutes, 20-21 George V:

And whereas by paragraph twenty-four of the said Natural
Resources Transfer Agreement it was agreed that the provisions
of the said Agreement might be varied by an Agreement con-
firmed by concurrent statutes of the Parliament of Canada and
the Legislature of the Province:

And whereas the said Natural Resources Transfer Agree-
ment came into force, pursuant to the provisions thereof, on
the 15th day of July, 1930:

And whereas the said Natural Resources Transfer Agree~
ment provided for the transfer to the Province of the interest
of the Crown in all Crown lands, mines and minerals (precious
and base) and royalties derived therefrom within the Province,
and all sums due or payable for such lands, mines, minerals or
royalties upon and subject to the terms and conditions therein
set forth:

And whereas doubts have been entertained on the part
of the Province whether the interest of the Crown in the waters
and water—powers within the Province under the Irrigation Act,
and the Dominion Water Power Act was transferred to and vested
in the Province under the terms of the Natural Resources
Transfer Agreement, the same not having been specifically
mentioned in the description of the natural resources transferred
to the Province as hereinbefore recited, and for the quieting
of such doubts it is expedient that the transfer to the Province
of the interest of the Crown in the waters and water-powers
aforementioned should be confirmed: «

NOW’ THEREFORE THIS AGREEMENT WITNESSETH THAT:

1. Paragraph 1 of the said‘Natural Resources Transfer
Agreement is amended by inserting after the word “province”
in the sixth line thereof the words “and the interest of the
Crown in the waters and water—powers within the Province
under the Irrigation Act, being chapter sixty~one of the Revised
Statigtgs ofV(I3anada§ 1906, as aliioendfd by9clil3p’%e(ri th1%t¥I-eighti,
7-8 -1 w. I an chapter t irty- our – W. an
under the Doimlnion Water Power Aet’l,’ and alfter the ’word
“royalties” in the seventh line thereof the words “or for interests
or rights in or to the use of such Waters or water‘-powers”;
and the amendments to said paragraph 11l1e1I‘e1!1l)ef01(‘:(1% pI'(()1V1ded
shall have effect and said paragraph 1 s ial be rea an con-
strued as if it ixontained the said amendments, as frrl-om tfhe
coming into force of the said Natural Resources rans er
Agreement, subject nevertheless to the other provisions of the
said Natural Resources Transfer Agreement and to the exception

327

328

Natural Resources Transfer Act.

of all such interests in or rights to the use of the waters and
water~powers within the Province as continue, in virtue of such
provisions, to belong to or to be administrable by the Crown
in the right of Canada, and of all sums due or payable for such
interests or rights.

2. This Agreement is made subject to its being approved
by the Parliament of Canada and by the Legislature of the
Province of Manitoba, and shall take effect on the first day
of the calendar month beginning next after its approval as
aforesaid, whichever approval, that of the Parliament of Canada
gr that of the Legislature of the Province, shall be later in

ate.

In witness whereof the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources, has hereunto set his
hand on behalf of the Dominion of Canada; and the Honourable
John Stewart McDiarmid, Minister of Mines and Natural
Resources, has hereunto set his hand on behalf of the Province
of Manitoba.

Signed on behalf of the Govern-
ment of Canada by the Hon-
ourable Thomas Alexander

Crerar Minister of Mines and 1
Resomzcesj { (;5’gd.) ‘1‘. xi. cnmmz.

in the presence of:
(Sgd.) W. C‘. BETI-IUNE.

Signed on behalf of the Govern—
ment of Manitoba by the Hon-
ourable John_ Stewart Mc-
:1‘§1‘b‘};‘§;u.§}4§;:f,‘;’,.c§sf, Mme“ (Syd. ) J. s. Mcnmmm.

in the presence of:

(Sgd.) MARY A. ZAKUS.

MEMORANDUM of Agreement made this 5th day of March,
AD. 1938.

BETWEEN

Tnn GOVERNMENT on THE DOMINION or CANADA, repre-
sented herein by the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources,

0] the first part:
AND

Tan GOVERNMENT on THE PROVINCE on ALBERTA, repre-
sented herein by the Honourable David Bertrum
Mullen, Mirdeter of Agriculture and in charge of Water
Resources, and the Honourable Nathan Eldon Tanner,
Minister of Lands and Mines,

07‘ the second part:

Natural Resources Transfer Act.

Whereas the Agreement entered into between the parties
hereto on the 14th day of December, A.D. 1929 (hereinafter
referred to as the Natural Resources Transfer Agreement) was
duly approved by the Parliament of Canada and the Legislature
of the Province, and upon an address to His Majesty from the
Senate and House of Commons of Canada, was confirmedand
declared to have the force of law by an Act of the Parliament
of the United Kingdom of Great Britain and Northern Ireland
entitled “The British North America Act, 1930,” being chapter
twenty—six of the Imperial Statutes, 20-21 George V:

And whereas by paragraph 24 of the said Natural Resources
Transfer Agreement it was agreed that the provisions ,of the
said Agreement might be varied by an Agreement confirmed
by concurrent statutes of the Parliament of Canada and the
Legislature of the Province;

And whereas the said Natural Resources Transfer Agree-
ment came into force, in virtue‘ of a further Agreement between
the parties hereto, dated the 29th day of July A.D. 1930, which
was duly confirmed by concurrent statutes of the Parliament
of Canada and the Legislature of the Province, on the 1st day
of October, A.D. 1930:

And whereas the said Natural Resources Transfer Agree-
ment provided for the transfer to the Province of the interest
oi the Crown in all Crown lands, mines and minerals (precious
and base) and the royalties derived therefrom within the Prov-
ince, and all sums due or payable for such lands, mines, minerals
and royalties upon and subject to the terms and conditions
therein set forth;

And whereas doubts have been entertained on the part
of the Province whether the interest of the Crown in the waters
and water-powers within the Province under the North-West
Irrigation Act, 1898, and the Dominion Water Power Act, was
transferred to and vested in the Province under the terms of
the Natural Resources Transfer Agreement, the same not having
been specifically mentioned in the description of the natural
resources transferred to the Province as hereinbefore recited,
and for the quioting of such doubts, it is expedient that the
transfer to the Province of the interest of the Crown in the
waters and water-powers aforementioned should be confirmed;

And whereas by paragraph 2 of the said Natural Resources
Transfer Agreement the Province agreed that it would carry
out, in accordance with the terms thereof every_ contract to
purchase or lease any Crown lands, mines or minerals and every
other arrangement whereby any person had become entitled
to any interest therein as against the Crown, and further agreed
not to affect or alter any term of any such contract to purchase,
lease or other arrangement by legislation or otherwise, except
either with the consent of all the parties thereto, other than
Canada, or in so far as any legislation may apply generally to
all similar agreements relating to lands, mines or minerals in
the Province or to interests therein, irrespective of who might
be the parties thereto;

And whereas it has been agreed between Canada and the
said Province that the terms of said paragraph 2 should be
modified as herein set out-

18955-22

329

330

Natural Resources Transfer Act.

Now therefore this Agreement witncsseth that:

1. Paragraph 1 of the said Natural Resources Transfer
Agreement is amended by inserting after the word “province”
in the sixth line thereof the words “and the interest of the Crown
in the waters and water-powers within the Province under the
North-West Ir7’2’gat2’on Act, 1898, and the Dominion Water Power
Act”; and after the word “royalties” in the seventh line thereof
the words “or for interests or rights in or to the use of such
waters or water-powers”; and the amendments to said para-
graph 1 hereinbefore provided shall have effect, and said para-
graph 1 shall be read and construed as if it contained the said
amendments, as from the coming into force of the said Natural
Resources Transfer Agreement, subject nevertheless to the other
provisions of the said Natural Resources Transfer Agreement
and to the exception of all such interests in or rights to the use
of the waters and water powers within the Province as continue
in virtue of such provisions, to belong to or to be administrable
by the Crown in the right of Canada, and of all sums due or
payable for such interests or rights.

2. Paragraph 2 of the said Natural Resources Transfer
Agrgement is amended by adding at the end thereof the following
wor s:

“or is legislation relating to the conservation of oil resources
or gas resources or both by the control or regulation of
the production of oil or gas or both, whether by restriction
or prohibition and whether generally or with respect to
any specified area or any specified well or Wells or by
repressuring of any oil field, gas field or oil—gas field, and,
incidentally thereto, providing for the compulsory purchase
of any well or wells.”

3. This Agreement is made subject to its being approved
by the Parliament of Canada and by the Legislature of the
Province of Alberta, and shall take efieet on the first day of
the calendar month beginning next after its approval as afore-
said, whichevcr approval, that of the Parliament of Canada or
that of the Legislature of the Province, shall be later in date.

In witness whereof the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources, has hereunto set his
hand on behalf of the Dominion of Canada; and the Honourable
David Bertrum Mullen, Minister of Agriculture and in charge
of Water Resources, and the Honourable Nathan Eldon Tanner,
Minister of Lands and Mines, have hereunto set their hands
on behalf of the Province of Alberta.

Signed on behalf of the Govern-
ment of Canada by the Hon-
ourable Thomas Alexander
S£§r%gés0$;Icl:S1st°1′ of Mules (Sgol) T. A. CRERAR.

in the presence of:

(Sgd.) W. C. BETHUNE. l

Natural Resources Transfer Act.

Signed on behalf of the Govern-
ment of Alberta by the Honour-
able David Bertrum Mullen,
Minister of Agriculture and in
charge of Water Resources, and
the Honourable Nathan Eldon
Tanner, Minister of Lands and
Mines,

(S’gd.) D. B. MULLEN.

(Sgd.) N. E‘. TANNER.

in the presence of:
(Sgd.) ERNEST C. MANNING.

MEMORANDUM of Agreement made this 5th day of ‘March
A.D. 1938. .

BETWEEN

THE GOVERNMENT or TI-IE DOMINION or CANADA, repre~
sented by the Honourable Thomas Alexander Crerar,
Minister of Mines and Resources,

Of the first part:
AND

THE GOVERNMENT or run PROVINCE or SASKATCHEWAN,
represented herein by the Honourable William l\’anklin
Kerr, Minister of Natural Resources,

0f the second part:

Whereas the Agreement entered into between the parties
hereto on the 20th day of March, A.D. 1930 (hereinafter referred
to as the Natural Resources Transfer Agreement) was duly
approved by the Parliament of Canada and the Legislature of
the Province, and upon an address to His Majesty from the
Senate and House of Commons of Canada, was confirmed and
declared to have the force of law by an Act of the Parliament
of the United Kingdom of Great Britain and Northern Ireland
entitled “The British North America Act, 1930,” being chapter
twenty—six of the Imperial Statutes, 20-21 George V;

And whereas by paragraph twenty-six of the said Natural
Resources Transfer Agreement it was agreed that the provisions
of the said Agreement might be varied by an Agreement eon-
flrmed by concurrent statutes of the Parliament of Canada and
the Legislature of the Province:

And whereas the said Natural Resources Transfer Agree~
ment came into force, in virtue of a further Agreement between
the parties hereto, dated the 7th day of August, A.D. 1930, which
was duly confirmed by concurrent statutes of the Parliament
of Canada and the Legislature of the Province, on the 1st day
of October, A.D. 1930;

And whereas the said Natural Resources Transfer Agree-
ment provided for the transfer to the Province of the interest
of the Crown in all Crown lands, mines, minerals (precious
and base), and royalties derived therefrom Within the Province,

18955~22l}

332

Natural Resources Transfer Act.

and all sums due or payable for such lands, mines, minerals
or royalties upon and subject to the terms and conditions
therein set forth;

And whereas doubts have been entertained on the part
of the Province whether the interest of the Crown in the waters
and water powers within the Province under the North-rwest
Irrigation Act, 1898, and the Domz’m’zm W ater Power Act, was
transferred to and vested in the Province under the terms
of the Natural Resources Transfer Agreement, the same not
having been specifically mentioned in the description of the
natural resources transferred to the Province as hereinbefore
recited, and for the quieting of such doubts it is expedient that
the transfer to the Province of the interest of the Crown in
ltihe waters and water powers aforementioned should be con-

rmed.

Now therefore this Agreement witnesseth that:

1. Clause 1 of the said Natural Resources Transfer Agree-
ment is amended by inserting after the word “Province” in
the sixth line thereof the words “and the interest of the Crown
in the waters and water powers Within the Province under the
North—west Irrigation Act, 1898, and the Dominion Water Power
Act”; and after the word “royalties” in the seventh line thereof
the words “or for interests or rights in or to the use of such
waters or water powers”; and the amendments to said clause
1 hereinbefore provided shall have effect, and said clause 1
shall be read and construed as if it contained the said amend-
ments, as from the coming into force‘ of the said Natural Re-
sources Transfer Agreement, subject nevertheless to the other
provisions of the said Natural Resources Transfer Agreement
and to the exception of all such interests in or rights to the use
of the waters and water powers within the Province as continue,
in virtue of such provisions, to belong to or to be administrable
by the Crown in the right of Canada, and of all sums due or
payable for such interests or rights.

2. This Agreement is made subject to its being approved ,

by the Parliament of Canada and by the Legislature of the Prov-
ince of Saskatchewan, and shall take elfect on the first day of
the calendar month beginning next after its approval as afore-
said, whichever approval, that of the Parliament of Canada
or that of the Legislatin-e of the Province, shall be later in date.

In witness whereof the Honourable Thomas Alexander
Crerar, Minister of Mines and Resources, has hereunto set his
hand on behalf of the Dominion of Canada; and the Honourable
William Franklin Kerr,

Minister of Natural Resources , has hereunto set
his hand on behalf of the Province of Saskatchewan.

Natural Resources Transfer Act. 333

Signed on behalf of the Govern-
ment of Canada. by the Honour-
able Thomas Alexander Crerar,
Minister of Mines and Resources,

in the presence of:

(Sgd.) W. G. BETHUNE.

Signed on behalf of the Govem-
ment of Saskatchewan by the
Honourable William Franklin
Kerr, Minister of Natural Re-
sources,

in the presence of :

{Sgd. ) Gmo. Srrmom.

(Sgd.) T. A. CRERAB.

(Sgd. ) W. F. Kim.

MARRIAGE AND DIVORCE

PAGE
The Marriage and Divorce Act (R.S., 1927, c. 127) . . . . . i . . . . . . . . . . . . . . . . . . . . . 1 . 335

amendment of 1932 (chapter 10) . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . I4 336

The Divorce Act (Ontario), 1930 . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337

The Divorce Jurisdiction Act, 1930 . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 338

The British Columbia Divorce Appeals Act (1937) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339

334

THE MARRIAGE AND DIVORCE ACT
R.S., 1927, CHAPTER 127.

An Act respecting Marriage and Divorce.(131)

SHORT TITLE.

1. This Act may be cited as the Marriage and Divorce
Act. R.S., c. 105, s. 1; 1925, c. 41, s. 1.

MARRIAGE.

. 2. A marriage is not invalid merely because the woman
IS a sister of a deceased wife of the man, or a daughter of a
sister of a deceased wife of the man. R.S., c. 105, s. 2.03’)

3. A marriage is not invalid merely because the man is
a brother of a deceased husband of the woman or is a son of
such brother. 1923, c. 19, s. l..(“”)

DIVORCE.

4. In any court having jurisdiction to grant divorce (1
vinculo matrimonii any wife may commence an action praying
that her marriage may be dissolved on the ground that her
husband has since the celebration thereof been guilty of adul-
tery. 1925, c. 41, s. 2.

5. If the court is satisfied by the evidence that the case
of the wife has been proved, and does not find that the wife
has been in any manner accessory to or has connivcd at the
adultery of her husband, or that she has condoned the adultery
complained of, or that the action was commenced and is prose-
cuted in collusion with the husband or the woman with Whom
he is alleged to have coimnitted adultery, then the court shall
pronounce a decree declaring such marriage to be dissolved:
Provided always tllat the court shall not be bound to pronounce
such decree if it finds that the wife during the marriage has
been guilty of adultery, or if the wife shall in the opinion of
the court have been guilty of unreasonable delay in presenting
or prosecuting such action or of cruelty towards the husband
or of having deserted or wilfully separated herself from the
husband before the adultery complained of, and without reason—
able excuse, or of such wilful neglect or misconduct as has
conducecl to the adultery. 1925, c. 41, s. 3.

6. Nothing contained in the last two preceding sections
shall affect, restrict, or take away any right of any wife existing
before the ‘uwenty~seventh day of June, one thousand nine
hundred and twenty»five. 1925, c. 41, s. 4.

(W) By item 26 oisection 91 of the B.N.A. Act, 1867, the legislative authority
of the Parliament of Canada extends to “Mar-rw.gc and Divorce.” On the other
hand, item 12 of section 92 of the sums Act declares ‘_”1‘l_ie Solcmnization of Marriage
in the Province” to be a. subject of exclusive provincial legislation.

(‘S’) This section has been amended. see c. 10 of the statutes of 1932 on next page

(’53) This scctionlma been amended. sec 0. 10 of the statutes M1932 on next page-

335

Short title.

Certain
man” H136?
not in valid.

Certain
marriages
not Invalid.

Right oi
wife to
divorce
husband

for
adultery.

Conditions
upon which
decree

be pro~
nounced.

Proviso.

Rights
preserved.

R.S., o. 127.

Marriage.

Certain
mar_riago_s
not mvehd.

Certain
marriages
not invalid.

AN ACT TO AMEND THE MARRIAGE AND
DIVORCE ACT.

22~23 GEORGE V, CHAPTER 10 OF 1932.

An Act to amend the Marriage and Divorce Act. (184)
[Assented to /,th April, 1982.]

HIS Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:—-

I. Sections two and three of the Marriage and Divorce Act,
chapter one hundred and twenty-seven of the Revised Statutes
of Canada, 1927, are repealed, and the following are substituted
therefor :—~

“2. A marriage is not invalid merely because the woman
is a. sister of a deceased wife of the man, or a daughter of a
sister or brother of a deceased wife of the man.

“3. A marriage is not invalid merely because the man is
a. brother of a deceased husband of the woman or a son of a
brother or sister of a deceased husband of the woman.”

(W) Undertlie Act as it was up to the time of this amendment a man could
legally marry either his deceased wi{e’s sister or a daughter of his deceased wife’-
eiswr, but could not legally marry xx daughter of his deceased wiie’s brother.

Similarly, a. woman could legally marry either her deceased husbnndls brother
or $19 son of her deceased husband’s brother, but not a son of her deceased husband’:
’13 1′.

336

THE DIVORCE ACT (ONTARIO), 1930.

20-21 GEORGE V, CHAPTER 14-.

An Act to provide in the province of Ontario for the dis-
solution and the annulment of Marrlage.(‘“)

[Assented to 30th M ay, 1930.]

HIS Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows :—

1. The law of England as to the dissolution of marriage
and as to the annulment of marriage, as that law existed on
the fifteenth day of July, 1870, in so far as it can be made
to apply in the province of Ontario, and in so far as it has
not been repealed, as to the province, by any Act of the Parlia-
ment of the United Kingdom or by any Act of the Parliament
of Canada. or by this Act, and as altered, varied, modified or
affected, as to the province, by any such Act, shall be in force
in the province of Ontario.

2. The Supreme Court of Ontario shall have jurisdiction
for all purposes of this Act.

3,3. This Act may be cited as “The Divorce Act (Ontario),
1930. ’

(135) This Act gave Ontario the power to establish divome courts.

337

Part of law
of England.
on 15th July.
1870. made
law of_
Ontario.

Jurisdiction.

Short title.

Short title.

Married
woman
deserted and
living apart
for two years
may
commence
proceedings
for divorce.

Jurisdiction
of court.

THE DIVORCE JURISDICTION ACT, 1930.
20~21 GEORGE V, CHAPTER 15.

An Act respecting jurisdiction in Proceedings for Divorce.
(180)
[Assenied to 30th M cm, 1930.]

HIS Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as i’o1lows:—

1.: This Act may be cited as The Divorce Jum’sdict’£an Act,
1980.

2. A married woman who either before or after the passing
of this Act has been deserted by and has been living separate
and apart from her husband for a period of two years and
upwards and is still living separate and apart from her husband
may, in any one of those provinces of Canada in which there
is a court having jurisdiction to grant a divorce (1 oinculo
mLzm’mom’t’, commence in the court of such province having
such jurisdiction proceedings for divorce <2 Lvinculo matrivnonii
praying that her marriage may be dissolved on any grounds
that may entitle her to such divorce according to the law of
such province, and such court shall have jurisdiction to grant
such divorce provided that immediately prior to such desertion
the husband of such married woman was domiciled in the
province in which such proceedings are commenced.

(W) The object of this A ct is to give £1 married woman who has been deserted by
her husband and has been living separate and apart from him for two years or more.
the right to incite an application for divorce to the court having jurisdiction in the
province where immediately prior to such deecrtion the husband was domiciled.

.338

THE BRITISH COLUMBIA DIVORCE APPEALS
– ACT.

1 GEORGE VI, CHAPTER 4.

An Act to provide for Appeal to the Court of Appeal of the
Province of British Columbia in Divorce and Matri-
monial Causes.(13”)

[Assenied to 31st March,‘1937.]

His Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:——

1. This Act may be cited as The British Colilmbia Divorce
Appeals (,”ou7*t.

2. The Court of Appeal of the province of British Columbia

shall have jurisdiction to hear and determine appeals from an I“

order, judgment or decree of a. court of the province or a judge
thereof having jurisdiction in divorce and matrimonial causes.

(’57) Up to t_lie_time oi the passing of this Act in all the provinces in which the
cou.rLs_lmgl Jurisdiction in Divorce and Matrimonial Causes there was an appeal from
the trial Judge to the Provincial Appellate Court except in the Province of British
Columbia. There the only appeal was to the Privy Council, as decided in the
case of Clamnn vs. Claman (1926) 35 B.C. Reports 137. afi”irmed by the Supreme
Court of Caiiada (I926) 68 SC. Reports 4. This Act provided for an appeal to the
Court of Appeal for the Province of British Columbia.

339

Short title.

Appellate

‘ risdiction
in divorce
and _
matrimonial
causes.

PART V.
ACTS OF CANADA

RELATING TO

FEDERAL CONSTITUTIONAL MATTERS.

341

TABLE OF CONTENTS OF
PART V
ACTS OF CANADA
(Relating to Federal Canslimtianal M ctlers )

PAGE
Succession to the Throne Act (1937).. .. . . . . . . Q . . . . . . . .. 343
Demise of the Crown Act (R.S., 1927, c. 46) . . . . . . . . . . 346
Governor General’s Act (RS., 1927, e. 85) . . . . . . . . .. 348
Senate and House of Commons Act (R.S., 1927, o. 147).. 349
The Speaker of the Senate Act (R.S., 1927, e. 149) . . . . . , . . . 360
The Speaker of the House of Commons Act (RS, 1927, c. 148) 361
House of Commons Act (R.S., 1927, c. 145) . . . . . . . 362
Oaths of Allegiance Act (R.S., 1927, c. 143).. . 368
The Royal Style and Titles Act (Canada), 194 370
Extrzi-territorial Act, 1933 . . . . . . . . . , . . . . . . .. 371
The Canadian Citizensliip Act (1940). .. 372
The War Measures Act (R.S., 1927, c. 206) . . . . . . . 387
The National Emergency Tmiisitionnl Powers Act, 1945 (as amended). . 390
The Coiitfliuation of Transitional Measures Act, 1947 (as amended) . . . . . . . 393

The Foreign Enlistment Act, .1937 . . , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . 1 395

The Visiting Forces (British Commonwealth) Act, 1933 . . . . . . . . . . . . . . . . . . . . . . . , . 401

The Visiting Forces (United States of America) Act (1947) . . . . . . . . . . . . . . . . . . . . . . 409

The Oificial Secrets Act (1939) . . . . . . . . . . . . , . . , i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414

The Seals Act, 1939 . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . , . . . . . , . . . . 422

342

SUCCESSION TO THE THRONE ACT.
1 GEORGE vi, CHAPTER 16.

An Act respecting alteration in the law touching the
Succession to the Throne.(‘“)

. [Assentecl to 31st March, 1987.]

WHEREAS his former Majesty, King Edward VIII, by His Preamble.

Royal Message of the tenth day of December, in the year of
Our Lord one thousand nine hundred and thii’ty—six, was
pleased to declare that He was irrevocably determined to
renounce the Throne for Himself and His descendants, and
that He had for that purpose executed the Instrument of
Abdication, which is set out in Schedule One to this Act, and
signified his desire that eileot thereto should be given imme-
diately:

And whereas, following upon communication to His
Majesty’s Government in Canada of his former Majesty’s
said declaration and desire, the request and consent of Canada,
pursuant to the provisions of section four of the Statute of
Westminster, 1931, to the enactment of His Majesty’s Declar-
ation of Abdication Act, 1936, which is set out in Schedule
Two to this Act, was communicated to His Majesty’s Govern-
ment in the United Kingdom:

And whereas the following recital is set forth in the preamble
to the Statute of Westminster, 1931:

“And whereas it is meet and proper to set out by

Statute of
Westminster.

way of preamble to this Act that, inasmuch as the Crown U_K

is the symbol of the free association of the members of the
British Commonwealth of Nations, and as they are united
by St common allegiance to the Crown, it would be in
accord with the established constitutional position of all
the members of the Commonwealth in relation to one
another that any alteration in the law touching the
Succession to the Throne or the Royal Style and Titles

(155) It is rovided in the preamble to the Statute of Westminster that any
alteration in the liiw touching the Succession to the Throne shall require the assent
of the l’arliaments of all the Domiiiioi-is. ‘

On the 10th of December, 1936, King Edward the Eighth sent a message to
the House of Commons of the United Kingdom to the cfiect tliiitho had determined
to renounce the throne. The message was aecoinpiiniecl by an instrument of abdi-
cation which had previously been executed and been \v-ltiiessed b the King’s three
brothers. His Majesty’s Declaration of Abdicstioii Bill was br_oug it in the some day
and given ii first reading in the House of Commons oi the United Kiiigdoin, whilst
in Canada, as the House was not in session at that time, an order in council was
passed expressing thercqucst and consent oi Canada to the bill in conformity with
the spirit and provisions of the Statute of Westminster. In London the Act was
passed and received assent the next ds . In Canada the Succession to the Throne
Bill was introduced on the léth day of anus:-y, 1937, which was the first day of the
session and received second and third readings in the House on the lttli of the same
month. See note (99) tothe Preamble of the Statute of Westminster.

343

22 set. V,
ch. 4.

344

Assent to
alteration in
the law
touching the
Succession
to the
Throne.

‘ AD. 1930.

Succession to the Throne Act.

shall hereafter require the assent as Well of the Parliaments

of all the Dominions as of the Parliament of the United

Kingdom”;
and accordingly it becomes necessary to declare the Assent
of the Parliament of Canada to the alteration in the law touching
the Succession to the Throne set forth in His Majesty’s Declar-
ation of Abdication Act, 1936.

Now, therefore, His Majesty by and with the advice and
00I%S(ii{1i) of the Senate and House of Commons of Canada, enacts
as o ows:—-

1. The alteration in the law touching the Succession to
the Throne set forth in the Act of the Parliament of the United
Kingdom intituled “His Majesty’s Declaration of Abdication
Act, 1936” is hereby assented to.

SCHEDULE ONE.
INSTRUMENT or ABDICATION.

I, Edward the Eighth, of Great Britain, Ireland, and the
British Dominions beyond the Seas, King, Emperor of India,
do hereby declare My irrevocable determination to renounce
the Throne for Myself and for My descendants, and My desire
that effect should be given to this Instrument of Abdication
immediately.

In token whereof I have hereunto set My hand this tenth
day of December, nineteen hundred and thirty-six, in the
presence of the Witnesses Whose signatures are subscribed.

EDWARD R.I.
Signed at Fort Belvedere
in the presence of

ALBERT.
H ENRY.

Gnonon.

SCHEDULE TWO.

AN ACT on THE PARLIAMENT on THE UNITED KINGDOM
INTITULED:

An Act to give effect to His Majesty’s declaration of abdication;
and for the purposes connected therewith.

WHEREAS His Majesty by His Royal Message of the
tenth day of December in this present year has been pleased
to declare that He is irrevocably determined to renouncethe
Throne for Himself and His descendants, and has for that
purpose executed the Instrument of Abdication set out in the
Schedule to this Act, and has signified His desire that effect
thereto should be given immediately; ‘

And whereas, following upon the communication to His
Dominions of His Majesty’s said declaration and desire, the
Dominion of Canada pursuant to the provisions of section four

Succession to the Throne Act.

of the Statute of Westminster, 1931, has requested and con-
sented to the enactment of this Act, and the Commonwealth
of Australia, the Dominion of New Zealand, and the Union
of South Africa have assented thereto:

Be it therefore enacted by the King’s most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows :—~

1. (1) Immediately upon the Royal Assent being signified
to this Act the Instrument of Abdication executed by His
present Majesty on the tenth day of December, nineteen
hundred and thirty~six, set out in the Schedule to this Act,
shall have effect, and thereupon His Majesty shall cease to
be King and there shall be‘a demise of the Crown, and accord»
ingly the member of the Royal Family then next in succession
to the Throne shall succeed thereto and to all the rights,
privileges, and dignities thereunto belonging.

~ (2) His Majesty, His issue, if any, and the descendants
of that issue, shall not after His Majesty’s abdication have any
right, title or interest in or to the succession to the Throne,
and section one of the Act of Settlement shall be construed
accordingly.

(3) The Royal Marriages Act, 1772, shall not apply to
His Majesty after His abdication nor to the issue, if any, of
His Majesty or the descendants of that issue.

2. This Act may be cited as His Majesty’s Declaration of
Abdication Act, 1936.

SCHEDULE.

I, Edward the Eighth of Great Britain, Ireland, and the B_ritish Dominions
beyond the seas, King. Emperor of India, do hereby declare My irrevocable deter-
mination to renounce the Throne for Myself and for My descendants, and My desire
that effect should be given to this Instrument of Abdication immediately.

_ In token whereof I have hereunto set My hand this tenth day of December,
nineteen hundred and thirty-six, in the presence of the witnesses whose signatures

are subscribed.
EDWARD R. I.
Signed at Fort Belvodere
in the presence of
ALBE _T.
HENRY.
GEORGE.

345

Effect of

His Maiesty’s
declaration of
abdication.

Short title.

Short title.

Govern-
ment com-
missions
not
affected by
demise of
the Crown.

Proclama-
tion.

Oaths of
allegiance
to be
taken .

Contin-
IIEHICB H]
oifice.

Validity
of acts
done.

Ri hts
an pre-
rogatives
oi the
Crown
saved.

DEMISE OF THE CROWN ACT.

12.8., 1927, CHAPTER 46.

An Act respecting the Demise of the Crown.(189)

SHORT TITLE.

1. This Act may be cited as the Demise of the Crown Act.
R.S., c. 101, s. 1.

2. Upon the demise of the Crown, it shall not be necessary
to renew any commission by virtue whereof any ofi‘icer- of
Canada, any functionary in Canada, or any judge of a Dom-
inion or provincial court in Canada held his ofiice or profession
during the previous reign; but a proclamation shall be issued
by the Governor General, authorizing all persons in oflice as
officers of Canada who hold commissions under the late Sover-
eign, and all functionaries who exercised any profession by virtue
of any such commission, and all judges of Dominion or provincial
courts, to continue in the due exercise of their respective duties,
functions and professions; and such proclamation shall suffice;
and the incumbents shall, as soon thereafter as possible, take
the usual and customary oath of allegiance, before the proper
officer or oflicers thereunto appointed. R.S., c. 101, s. 2.

3. Upon such proclamation being issued, and oath taken,
each and every such oflicer, functionary and judge shall continue
in the lawful exercise of the duties and functions of his ofiiice
or profession, as fully as if appointed do now by commission
derived from the Sovereign for the time being.

2. All acts and things bona fide done and performed by
such incumbents in their respective oflices, and in the due
and faithful performance of their duties, functions and profes-
sions, between the time of such demise and the proclamation
so to be issued, if such oath of allegiance is duly taken, shall
belgeemed to be legally done, and valid accordingly. R.S.,
c. , s. 3.

4. Nothing in this Act shall prejudice or in anywise affect
the rights or prerogative of the Crown with respect to any
office or appointment derived or held by authority from it, or
prejudice or afiect the rights or prerogatives thereof in any
other respect whatsoever. R.S., c. 101, s. 4.

(WV) Section two of the Senate and House of Commons Act. 0. M? of the R.S.,
1927, states that “no Parliament of Canada shall determine or be dissolved by the
demise of the Crown.”

346

Demise of the Crown. 347

5. No writ, cause, action, suit, plea, judgment or process Judicifil
or any other proceeding whatsoever, whether civil or criminal, ?,f§§’§,°,e:
in or issuing out of any court, shall be determined, abated or served-
discontinued by the demise of the Crown, but every such writ,
cause, action, suit, plea, judgment, process or other proceeding
shall remain in full force and virtue to be proceeded upon or
with notwithstanding any demise of the Crown. R.S., c. 101,

s. 5.

Short title.

Governor
General to
be a. cor-
poration
solo.

Bonds, etc.,
how to be
taken.

Not to vest
in personal
representa-
tives.

Salary of
Governor to
be £10,000
sterling.

Second
charge
on O.R.
Fund.

GOVERNOR GENERAL’S ACT.

R.S., 1927, CHAPTER 85.

An Act respecting the Governor General.(1’~‘°)

Snorvr Trrnn.

1. This Act may be cited as the Governor Gc_neraI’s Act.
R.S., c. 3, s. 1.

2. The Governor General of Canada for the time being
or other the chief executive officer or administrator carrying
on the Government of Canada, on behalf and in the name
of the King, by whatsoever title he is designated, and his
successors, shall be a corporation sole. R.S., c. 3, s. 2.

3. All bonds, recognizances and other instruments by law
required to be taken to the Governor General in his public
capacity, shall be taken to him and his successors by his name
of ofiice, and may be sued for and recovered by him or his
successors by his or their name of office as such.

2. Such bonds, recognizanccs or other instruments shall
however in no case go to or vest in the personal representatives
of the Governor General, chief executive oificer or administrator
of the ‘Government in whose name they were so taken. R.S.,
c. 3, s. 3.

4. There shall be payable yearly, and pro rate. for any
period less than a year, to the Governor General of Canada
for the time being,_ a salary of ten thousand poundseterling,
equal to and of the value of forty—eight thousand six hundred
and sixty—six dollars and siXty—three cents.

2. Such salary shall be payable out of the Consolidated
Revenue Fund of Canada, and shall form the second charge
thereon. R.S., c. 3, s. 4.

(M) It is stated in the Report of the Imperial Conference, 1926 (p. 14) that the
Governor-Geneml of n. Dominion is neither “the representative or agent of H13
Majestyhs Government in Great Britain or of any dopartment of that government.”
The Conference of 1930 took special care to define the po tion of the Governor as
the King’s personal representative. At the time of his app ntmont, the government
of the Dominion selects its own candidate whom coiistitutionnfly the King must
accept, which is according to the doctrine of rninisterml responsibility. The result
is that the Governor so chosen will exercise the executive wer upon the advice
of his responsible ministers, but naturally in the name of the I ing. The Govemment
of Great Britain does not intervene in any way. The Prime Minister of the
Dominion dictates the instructions.

See Part VI, Letters Patent constituting the Ofliiee of Governor General of
Canada and notes thereto.

348

SENATE AND HOUSE OF COMMONS ACT.
R.S.. 1927, CHAPTER 147.

An Act respecting the Senate and House of Commons.(‘“)

SHORT TITLE.

1. This Act may he cited as the Senate and House of
Commons Act. R.S., c. 10, s. 1.

DEMISE on THE CnowN.(‘”)

2. No parliament of Canada shall determine or be dis-
solved by the demise of the Crown, but such parliament shall
continue, and may meet, convene and sit, proceed and act,
notwithstanding the demise of the Crown, in the same manner
as if such demise had not happened. R.S., c. 10, s. 2.

3. Nothing in the next preceding section shall alter or
abridge the power of the Crown to prorogue or dissolve the
Parliament of Canada. R.S., c. 10, s. 3.

Pnivmnons AND IMMUNITIES on Mniisrms AND Oiur1oiins.(‘93)

4. The Senate and the House of Commons respectively,
and the members thereof respectively, shall hold, enjoy and
exercise,

(Ll) such and the like privileges, immunities and powers
as at the time of the passing of the British North
Avnerica Act 1867, were held, enjoyed and exercised by
the Commons House of Parliament of the United
Kingdom, and by the members thereof, so far as the
same are consistent with and not repugnant to the
said Act; and

(b) such privileges, immunities and powers as are from
time to time defined by Act of the Parliament of
Canada, not exceeding those at the time of the passing
of such Act held, enjoyed and exercised by the Com~
mons House of Parliament of the United Kingdom
and by the members thereof respectively. R.S., c. 10,
s. 4.

(W) Under the hcadin “Lcizislative Power” it is enacted in the B.N.A._ Act
1807, by section 17 that “’ here shall be one Parliament for Canada, consisting oi
the Queen and Upper House styled the Senate, and the House of Commons,” also
by section 20 that there shall be is yearly session of the Parliament.

(1‘’) See R14” 1927, c. 46 ante, An Act respecting the Demise of the Crown.

(‘F’) Section 18 of the B.N.A. Act, 1807, as enacted by s. 1 of The _Pnrlinmeiit of
Canada Act, 1875 (chapter 38) states that thexrivilcges and immunities, etc., shall
be such as are from time to time defined by ct ol’ the Parlismeiit of Canada

“The Supreme Court of Canada has held that any legislative body in Canada
is competent, with the consent of the Crown, to ass laws defining its own powers
and privileges but these must be subject to the ru e that such powers and privileges
do not exceed those possessed by the I_mperieJ. House of Commons at the time of
passing of such laws.” Bourinoifs Pnrhmnsntary Procedure (4th edition), page «10.

349

Short title.

Not to dis-
solve
Parlianienc.

Prerogative
saved.

Privileges,
e.

Ssiieita and
House of
Commons
defined,

350

Such privi-
leges to be
noted judi-
ciully.

Printed copy
of journals
to be evi-
dence
thereoi.

In suits. ete.,
on proof

that the
publication
was made by
authority of
either
House.

judge shall
sta

proceedings.

Stay of
proceedings
on proof of
correctness
of copy.

Senate and House of Commons.

’ 5. Such privileges, immunities and powers shall be part
of the general and public law of Canada, and it shall not be
necessary to plead the same, but the same shall, in all courts
in Canada, and by and before all judges, be taken notice of
judicially. RS., 0. 10, s. 5.0“)

6. Upon any inquiry touching the privileges, immunities
and powers of the Senate and of the House of Commons or of
any member thereof respectively, any copy of the journals of
the Senate or House of Commons, printed or purported to be
printed by the order of the Senate or House of Commons,
shall be admitted as evidence of such journals by all courts,
justices and others, Without any proof being given that such
copies were so printed. R.S., c. 10, s. 6.

Rnronr AND Pnocnnnmos.

7′. Any person who is a defendant in any civil or criminal
proceedings commenced and prosecuted in any manner for or
on account of or in respect of the publication of any report,
paper, votes or proceedings, by such person or by his servant
by or under the authority of the Senate or House of Commons,
may bring before the court in which such proceedings are so
commenced and prosecuted, or before any judge of the same,
first giving twenty—four hours’ notice of his intention so to do
to the prosecutor or plaintiff in such proceedings, or to his
attorney or solicitor, a certificate under the hand of the Speaker
or Clerk of the Senate or House of Commons, as the case may
be, stating that the report, paper, votes or proceedings, as the
case may be, in respect whereof such civil or criminal pro-
ceedings have been commenced and prosecuted, was or were
published by such person or by his servant, by order or under
the authority of the Senate or House of Commons, as the
case may be, together with an affidavlt verifying such certificate.

2. Such court or judge shall thereupon immediately stay
such civil or criminal proceedings, and the same and every
writ or process issued therein shall be and shall be deemed and
taken to be finally put an end to, determined and superseded
by virtue of this Act. R.S., c. 10, s. 7.

S. If any civil or criminal proceedings are commenced or
prosecuted for or on account or in respect of the publication
of any copy of such report, paper, votes or proceedings, the
defendant, at any stage of the proceedings, may lay before the
court or judge, such report, paper, votes or proceedings, and
such copy with an affidavit verifying such report, paper, votes
or proceedings, and the correctness of such copy.

2. The court or judge shall thereupon immediately stay
such civil or criminal proceedings, and the same and every

(W) “It seems now to be clearly settled that the courts will not be deterred
from upholding private rights by the fact that parliamentary privilege is involved
in their maintenance and that, except as regards the internal regulation of its pro~
oeedings by the House, courts of law will not hesitate to enquire into alleged privilege,
as they would into local custom, and determine its extent and application.” Anson,

Law and Custom of the Canstitulion 1. 182.

Senate and House of Commons.

writ or process issued therein, shall be and shall be deemed to
be finally put an end to, determined and superseded by virtue
of this Act. R.S., c. 10, s. 8.

9. In any civil or criminal proceedings commenced or
prosecuted for printing any extract from or abstract of any
such report, paper, votes or proceedings, such report, paper,
votes or proceedings may be given in evidence, and it may be
shown that such extract and abstract was published bone fide
and without malice, and, if such is the opinion of the jury,
a verdict of not guilty shall be entered for the defendant.
R.S., c. 10, s. 9.

INDEPENDENCE or PAaLIAMnN’r.(”’5)
Members of the House of Commons.

10. Except as hereinafter specially provided,

(a) no person accepting; or holding any office, commission
or employment, permanent or temporary, in the service
of the Government of Canada, at the nomination of
the Crown or at the nomination of any of the officers
of the Government of Canada, to which any salary,
fee, wages, allowance, emolument, or profit of any
kind is attached; and

(b) no sheriff, registrar of deeds, clerk of the peace, or
county crown attorney in any of the provinces of
Canada,

shall be eligible as a member of the House of Commons, or
shall sit or vote therein. R.S., c. 10, s. 10.

11. Nothing in the next preceding section shall render
ineligible any person holding any ofiice, commission or em-
ployment, permancnt or temporary, in the service of the Govern-
ment of Canada, at the nomination of the Crown, or at the
nomination of any of the officers of the Government of Canada,
as a member of the House of Coininons, or shall disqualify
him from sitting or voting therein, if, by his commission or
other instrument of appointment, it is declared or provided
that he shall hold such oiiice, commission or employment
without any salary, fees, Wages, allowances, emolument or
other profit of any kind, attached thereto. R.S., c. 10, s. 11.

12. Nothing shall render ineligible, as aforesaid, any
person serving in the naval, military or air forces of Canada,
or in any other of the naval, military or air forces of the Crown,
while such forces are on active serw’ce in consequence of any
war, and receiving salary, pay or allowance as a member of
such forces while on such active service. 1915, c. 7, s. 1.09″)

(195) With res ect to the Preservation of the Independence of 1’nrliament. are
“Parliamentary rocedure and Practise in the Dominion of Canada.” by Sir John
Bourinot (4th edition), pages 140 to 148,

O”) This is a new section exraoted in 19’l{)~41 to provide that persons serving in
the Air Force (like peysons_scrvrng in the naval and military forces) should not while
on active sen ice he ineligible as members of the House of Commons.

What proof
may be made
on general
issue in
action for
publishing
extracts, etc.
of reports,
etc.

No person
holding any
office of
emolurnent
under the
Crown.

Nor any
she)-iii‘. etc.,
shall be a
member.

Exception
for

employees
without xx
salary.

Persons on
active
service in
military
forces dur-
ing war not
ineligible

as members.
Rep. & now
194041-42,
c. 26.

352

Seat of
Member not
vacated by
accepting
ofhce of
profit.

Members of
Privy
Council

also excepted.

Sections
13 and 14
Rep. 5: new

1931, 0. 52.5.1.

No con-
tractor, etc..
with the
Government
to be a
member.

Member
becoming
disqualified
to vacate
his seat.

Senate and House of Commons.

13. Notwithstanding anything in this Act contained, a
member of the House of Commons shall not vacate his seat
by reason only of his acceptance of an ofiiee of profit under
the Crown, if that office is an office the holder of which is
capable of being elected to, or sitting or voting in, the House
of Commons. 1931, o. 52, s. 1.

14-. Nothing in this Act contained shall render ineligible,
as aforesaid, any person, member of the King’s Privy Council,
holding the recognized position of First Minister, President of
the King’s Privy Council for Canada, Minister of Finance,
Minister of Justice, Minister of National Defence, Secretary
of State, Minister of the Interior, Minister of Railways and
Canals, Minister of Public Works, Postmaster General, Minister
of Agriculture, Minister of National Revenue, Minister of
Marine, Minister of Fisheries, Minister of Trade and Com-
merce, Minister of Labour, Secretary of State for External
Affairs, Minister of Immigration and Colonization, Minister of
Pensions and National Health or Solicitor General, or any
office which is hereafter created, to be held by a member of
the Kings Privy Council for Canada and entitling him to be a
Minister of the Crown, or shall disqualify any such person to
sit or vote in the House of Commons, if he is elected While he
hold such oifice, or is a member of the House of Commons at
the date of his nomination by the Crown for such oifice, and
is not otherwise disqualified. 1931, c. 52, s. 1. (W7)

15. No person, directly or indirectly, alone or with any
other, by himself or by the interposition of any trustee or

‘ third party, holding or enjoying, undertaking or executing any

contract or agreement, expressed or implied, with or for the
Government of Canada on behalf of the Crown, or with or for
any of the oflicers of the Government of Canada, for which
any public money of Canada is to be paid, shall be eligible
as a. member of the House of Commons, or shall sit or vote
in the said House. R.S., c. 10, s. 14.

T6. If any member of the House of Commons accepts
any office or commission, or is concerned or interested in any
contract, agreement, service or Work which, by this Act, renders
a person incapable of being elected to, or of sitting or voting
in the House of Commons, or knowingly sells any goods,
wares or merchandise to, or performs any service for the Govern-
ment of Canada, or for any of the officers of the Government
of Canada, for which any public money of Canada is paid
or to be paid, whether such contract, agreement or sale is
expressed or implied, and whether the transaction is single or
continuous, the seat of such member shall thereby be vacated,
and his election shall thenceforth be null and void. R.S., c. 10,
s. 15.

(’07) Sections 13 and 14 were repealed and the above substituted therefor in 1931.
The British Parliament had pamod an Act for the same purpose in the Imneml
Statutes, 1847 George V, chapter 19, assented to 15th July, 1926. In New South
Wales in 1906, the rule of non ro—election was adopted, and it has always been in force
in South Australia and New Zealsuid. It is now in force in Tasmania and Queensland.
In the Cape, the Transvaal, the Orange River Colony and Natal it was never intro-
Iélxloed. and t’l(J1clUnion of South Africa. like the Commonwealth of Australia, follows
:3 same in e .

Senate and House of Commm.

17. If any person disqualified or by this Act declared
incapable of being elected to, or of sitting or voting in the
House of Commons, or if any person duly elected, who has
become disqualified to continue to be a member or to sit or
vote, under the last preceding section, nevertheless sits or votes,
or continues to sit or vote therein, he shall thereby forfeit the
sum of two hundred dollars for each and every day on which
he so sits or votes.

2. Such sum shall be recoverable from him by any person
who sues for the same in any court of competent civil juris-
diction in Canada. R.S., c. 10, s. 16.

18. The three sections last preceding shall extend to any
transaction or act begun and concluded during a recess of
Parliament. R.S., c. 10, s. 17.

19. In every contract, agreement or commission to be
made, entered into or accepted by any person with the Govern-
ment of Canada, or any of the departments or ofiicers of the
Government of Canada, there shall be inserted an express
condition, that no member of the House of Commons shall
be admitted to any share or part of such contract, agreement
or commission, or to any benefit to arise therefrom.

2. In case any person who has entered into or accepted,
or who shall enter into or accept any such contract, agreement
or commission, admits any member or members of the House
of Commons, to any part or share thereof, or to receive any
benefit thereby, every such person shall, for every such offence,
forfeit and pay the sum of two thousand dollars, recoverable
with costs in any court of competent jurisdiction by any person
who sues for the same. R.S., o. 10, s. 18.

20. This Act shall not extend to disqualify any person
as a member of the House of Commons by reason of his being

(a) a shareholder in any incorporated company having
a contract or agreement with the Government of Can-
ada, except any company which undertakes a contract
for the building of any public work; or

(b) a person on whom the completion of any contract or
agreement, expressed or implied, devolves by descent
or limitation, or by marriage, or as devisee, legatee,
executor or administrator, until twelve months have
elapsed after the same has so devolved on him; or

(c) a contractor for the loan of money or of securities
for the payment of money to the Government of Can-
ada under the authority of Parliament, after public
competition, or respecting the purchase or payment
of the public stock or debenture of Canada, on terms
common to all persons; or

(d) an ofiicer of the militia, or militiaman, not receiving
any salary or emolument out of the public money of
Canada, except his daily pay when called out for drill
or active service, or annual or other allowances of any
kind prescribed by the Militia Act, or fixed or pre-
scribed by the Governor in Council under the provisions

18955-23

353

Penalty on
person dis—
q u alified
sitting and
voting.

How
recoverable.

As toasts
done in
recess.

Clause in
all Govern-
ment con~
tracts.

Penalty for
contraven-
tron.

Further
exceptions.

Shareholder
of a

company.

Persona on
whom con-
tracts

‘ devolve, etc.

Lenders of
money to
Government.

Militiamen.

354

Member not
disqualified
for being

on service in
naval or
military
forces dur-
ing war.

Members of
Senate not
to become
interested in
public
money.
Penalty for
contrnr
vention.

Recovery.

Excention .

Senators
mam bars of
com pan ics
contracting.

Lenders of
money to

1933, c. 48,
e. 1.

Member not
to accept fee
for services
in any
pm-lizv.mcn-

tary _
proceeding.

Government.
(led

Senate and H awe of Commons.

of the Militia Act, or sums paid for enrolment, and
any pay or remuneration allowed him for the care of
arms or for drill instruction; or

{e) in the naval or military forces of Canada or in any
crther of the naval or military forces of the Crown
while such forces are on active service in consequence
of any war, and receiving salary, pay or allowance as
a member of such forces while on such active service.
R.S.,c.1(), s. 19; 1915, c. 7, s. 2.

Members of the Senate.

21. No person, who is a member. of the Senate, shall
directly or indirectly, knowingly and wilfully be a party to
or be concerned in any contract under which the public money
of Canada is to be paid.

2. If any person, who is a member of the Senate, know-
ingly’ and wilfully becomes a party to or concerned in any
such contract, he shall forfeit the sum of two hundred dollars
for each and every day during which he continues to be such
party or so concerned.

3. Such sum may be recovered from him by any person
who sues for the same, in any court of competent jurisdiction
in Canada. .

4. This section shall not render any senator liable for
such penalties, by reason of his being a shareholder in any
incorporated company, having a contract or agreement with
the Government of Canada, except any company which under-
takes a contract for the building of any public work.

5. This section shall not render any senator liable for
such penalties by reason of his being, or having been, a. con-
tractor for the loan of money or of securities for the payment
of money to the Government of Canada under the authority
of Parliament, after public competition, or by reason of his
being, or having been, a contractor respecting the purchase
or payment of the public stock or debentures of Canada, on
term(s c)ommon to all persons. R.S., c. 10, s. 20. 1933, c. 48,
S. 1. 193 .

M embers of the Senate and of the House of Commons.

22. No member of the Senate or of the House of Com~
mons shall receive or agree to receive any compensation, directly
or indirectly, for services rendered, or to be rendered, to any
person, either by himself or another, in relation to any bill,
proceeding, contract, claim, controversy, charge, accusation,
arrest or other matter before the Senate or the House of Com-
mons, or before a committee of either House, or in order to
influence or to attempt to influence any member of either
House.

(’93) lqubsection (5) of section 21 was added as_an amendment in 1933. The
purpose, as stated by Hon. Mr. Rhodes in the House of Commons on the 15th of
May, 1933, was “to place members of the Senate, with res eat to matters referred
to, in precisely the same position as occupied by members of t 9 House of Commons.”

Senate and House of Commons.

2. Every member of the Senate offending against this
section shall be liable to a fine of not less than one thousand
dollars and not more than four thousand dollars; and every
member of the House of Commons offending against this section
shall be liable to a fine of not less than five hundred dollars
and not more than two thousand dollars, and shall for live
years after conviction of such offence, be disqualified from
being a member of the House of Commons, and from holding
any office in the public service of Canada.

8. Any person who gives, ofl.’ers, or promises to any such
member any compensation for any services as aforesaid, ren-
dered or to be rendered, shall be guilty of an indictable offence,
and liable to one year’s imprisonment and to a fine of not less
than five hundred dollars and not more than two thousand
dollars. R.S.,.c. 10, s. 21.

LIMITATION or ACTIONS.

23. No person shall be liable to any forfeiture or penalty
imposed by this Act, unless proceedings are taken for the
recovery thereof Within twelve months after such forfeiture
or penalty has been incurred. R.S., c. 10, s. 22.

EXAMINATION OF VVITNESSEB.

24-. The Senate or the House of Commons may admin-
ister an oath to any witness examined at the bar of the Senate
or of the said House. R.S., c. 10. s. 23.

25. The Senate or the House of Commons may at any
time order witnesses to be examined on oath before any com-
mittee. R.S., c. 10, s. 24.

26. Any committee of the Senate or of the House of Com-
mons may administer an oath to any witness examined before
such committee. R.S., c. 10, s. 25.

27. Where any Witness to be examined under this Act
conscientiously objects to take an oath, he make may his solemn
aflirmation and declaration. R.S., c. 10, s. 26.

28. Any solemn aflirmation and declaration so made
shall be of the same force and effect, and shall entail the same
consequences, as an oath taken in the usual form. RS., 0. 10.
s. 27

29. Every such oath or affirmation shall be in the forms
A and B respectively in the schedule to this Act. R.S., c. 10,
s. 28.

30. Any person examined as aforesaid who wilfully gives
false evidence shall be liable to the penalties of perjury. RS,
0. 10, s. 29.

18955-23}

355

Penalties.

Offering
fee to
member.

Penalty .

Limitation
of suits.

Oath to
witnesses
at bar.

0 rdinary_

examination ~

under oath.

[administra-
tion of

oath by
committee.

Aflirmzrtiou.

Force and
effect of.
affirmation .

Form .

Periury.

356

Persons to
administer
oaths.

Salaries of
Speakers
and Deputy
Speaker.

Sesaionnl
allowance.

Allowance
whens
attendance
less than
three-
fourths of
days of f
sitting 0
House.
How
indemnity
shall be
payable.

‘ Deductions

for non-
attendance.

Proviso.

Senate and House of Commons.

31. Any oath or afiirination under this Act may be ad-
ministered by

(a) the Speaker of the Senate or of the House of Com-
mons;

(12) the chairman of any committee of the Senate or House
of Commons; or

(c) such person or persons as may from time to time be
appointed for that purpose, either by the Speaker of
the Senate or by the Speaker of the House of Com—
mons, or by any standing or other order of the Senate
or House of Commons respectively. R.S., c. 10, s. 30.

S1~nAmcns’ SALARIES.

_ I 32. The following salaries shall be payable, respect-
ive y:———
(a) To the Speaker of the Senate, the sum of six thousand
dollars per annum;
(b ) To the Speaker of the House of Commons, the sum of
six thousand dollars per annum;
(c) To the Deputy Speaker of the House of Commons,
the sum of four thousand dollars per annum. 1920,
c. 69, s. 3.

Immmnxry. (199)

33. For every session of Parliaxnent which extends over
a period of sixty—five days or more, there shall be payable to
every member of the Senate and House of Commons attending
at such session, a sessional allowance of four thousand dollars
and no more. 1923, c. 68, s. 1.

34:. A member shall not be entitled to the said sessional
allowance for less than fifty days’ attendance ; but the allowance
for any less number of days shall be twenty-five dollars for
each day’s attendance. 1923, c. 68, s. 1.

35. The said allowance may be paid on the last day of
each month, ‘to the extent of twenty dollars for each doy’s
attendance, but the remainder shall be retained by the clerk
or accountant of the proper I-louse, until the close of the session,
when the final payment shall be made. R.S., 1923, o. 68, s. 2.

36. A deduction at the rate of twenty—five dollars per
day shall be made from such sessional e.llowe.nce for every day
beyond fifteen on which the member does not attend a, sitting
of the House of which he is 8. member, if the House sits on
such day: Provided that in the case of a member elected or
appointed after the commencement of 3. session, no day of a
session previous to such election or appointment shall be
reckoned as one of such fifteen days.

(‘V’) As to the history rind the evolution of the indemnity sec Bourinoi-‘s Pnrlia»
mentary Procedure (4th edition), p. 153.

Senate and House of Commons.

2. Each day during the session on which there has been
no sitting of such House in consequence of its having adjourned
over such day, and each day on which the member is in the
place where the session is held but is by reason of his illness
unable to attend any such sitting as aforesaid, shall be reckoned
as a clay of attendance at such session for the purpose of the
indemnity; and a member shall, in the case of his being unable
to attend any such sitting by reason of his illness, be held to
be in the place where the session is held whenever he is within
ten miles of such place. 1923, c. 68, s. 3.

37. In the calculation of any deduction from any mem-
ber’s sessienal allowance on account of absence, days which
were spent by such member on duty with his corps in a regularly
organized militia camp or in travelling between Ottawa an
such camp shall not be computed. R.S., e. 10, s. 36. –

38. In the calculation of any deduction from any mem-
ber’s sessional allowance on account of absence, days which
were spent by such member in the naval or military forces of
Canada or in any other of the naval or military forces of the
Crown while such forces are on active service in consequence
of any war, shall not be computed. 1915, c. 7, s. 3.

39. Whenever any person is a member of either House
for fifty days or more during any session, extending over a
period of sixty-five days or more, though such person may be
a member for a part only of such session, he shall be entitled
to his sessional allowance, subject to the deduction aforesaid
for non-attendance as a member, and subject also to a deduction
of twenty-five dollars for each day of such session before he was
elected or appointed, or after he ceased to be a member, as the
case may be.

2. If he is a member for less than fifty days, he shall be
entitled only to twcnty—five dollars for each day’s attendance
at such session, whatever may be the length thereof.

8. A member of either House for a part only of a session,
who becomes during the session a member of the other House,
shall not be entitled to more than four thousand dollars for the
session. 1923, e. 68, s. 3.

40. In every session of Parliament covering a period of

less than sixty-five days, there shall be payable to every member
of the Senate and House of Commons attending at such session,
twenty-five dollars for each day’s attendance. 1923, c. 68, s. 3.

41. The Senate or the Houseiof Commons may respec-
tively make regulations, from time to time, by rule or by order,
rendering more stringent upon its own members the provisions
of this Act which relate to attendance of members or to deduc-
tions to be made fromthe sessional allowance. 1923, c. 68, s. 3.

42. To the member occupying the recognized position of
Leader of the Opposition in the House of Commons, there
shall be payable in addition to his sessional allowance an annual
allowance of ten thousand dollars. 1920, c. 69, s. 5.

357

Illness.

Regular
militia
camping
days not
computed.

No deduc-
tion from in-
demnity for
nbsence on
native ser-
vice during
war.

Allowance
whom person
is Member
fot only part
of 9.

session .

Allowance
when session
less than

65 days.

Each House
to make
regulations.

Allowance
to Leader at’
Opposition.

358

Travelling
expenses.

Outside of
Canada.

Commuta-
tion of
travelling
allowance .

Statement
oi’_at.tend—
mice.

Statement
in connection
with travel-
ling allow—
anco.

Statements
certified and
sworn to
before
payment.

Sums
granted to
‘His Majesty
or purposes
of this Act.

How
expended as
to House of
Commons.

Senate and House of Commons.

4-3. For each session of Parliament, there shall also be
allowed to each member of the Senate and the House of Com-
mons his actual moving or transportation expenses, and reason-
able living expenses while on the journey between his place of
rcsidence and Ottawa, going and coming, once each way.

2. No such allowance shall be made for travelling outside
of Canada, except from one point in Canada, to another by
any direct route.

3. Any member residing at a greater distance than four
hundred miles from Ottawa may commute such allowance for
travelling and living expenses, receiving in lieu thereof an
allowance of fifteen dollars per day for each day necessarily
occupied in the journey between his place of residence and
Ottawa, going and coming, once each way, the day of departure
and the day of arrival being counted each as a full day. R.S.,
c. 10, s. 40.

4-4-. For each session of Parliament, at the end of each
month and at the end of the session, each member shall furnish
the Clerk of the House of which he is a member with a state-
ment, signed by him, of the number of day’s attendance during
the month or session, as the case may be, for which he is entitled
to the said allowance, and, in case days are included on which
the member has failed to attend by reason of illness, setting
forth that fact and that his absence was due to such illness and
was unavoidable.

2. Every member applying for an allowance for travelling
and living expenses shall furnish the Clerk of the House of
which he is a member with a statement, signed by him, of
his actual moving or transportation expenses, and of his living
expenses, as provided fonin the last preceding section, and,
if the member has elected to commute such allowance under
thc last preceding section, a statement of the time necessarily
occupied in his journeys to and from Ottawa, as provided by
that section. ‘

3. Upon the said statements being certified by the Clerk,
or the Assistant Clerk, and sworn to by the member before
the accountant or assistant accountant of the House or any
person authorized to take afidavits, the Clerk of the Senate
or the accountant of the House of Commons, shall pay to the
member the allowance to which he is entitled. R.S., c. 10,
51.41; 1920, c. 69, s. 6.

45. There is hereby granted to His Majesty, out of any
unappropriated moneys forming part of the Consolidated
Revenue Fund of Canada, an annual sum sufficicnt to enable
His Majesty to pay the amount of the sessional allowances
hereinbefore mentioned. R.S., c. 10, s. 42.

4-6. All moneys expended under this Act, in respect of
the House of Commons, shall be expended and accounted for
in the same manner as moneys for defraying the contingent
expenses of the House of Commons are to be expended and
accounted for under the House of Commons Act R.S., c. 10,
s. 43.

Senate and House of Commons.

4-7. Credits for all sums voted by Parliament and payable
in respect of allowances to members of the Senate as herein-
before provided, and in respect of other expenditure for the
service of the Senate, shall issue from time to time.

2. Such credits shall issue on one of the banks of Canada
in favour of the Clerk of the Senate and the assistant accountant
of the Senate, or such other persons as the Speaker of the
Senate from time to time designates for the purpose.

3. Such Clerk shall, from time to time, apply for such
credits as he deems necessary by an order signed by him. R.S.,
c. 10, s. 44.

SCHEDULE
FORM A.

The evidence you shall give on this examination shall be
the truth, the whole truth and nothing but the truth, So
help vou God.

FORM B.

I, A. B., do solemnly, sincerely and truly afiirm and declare
the taking of any oath is according to my religious belief unlaw-
ful, and I do also solemnly, sincerely and truly aifirm and declare,
etc.

R.S., c. 10, Sch.

359

And as to
Senate.

Credits on
banks of
Canada.

Clerk to
an
thgrgfor.

Provision for
the Speaker’s
illness and
leaving the
chair.

Provision for
unavoidable
absence of
the Speaker.

Validity of
acts done in

_ such cases.

As to coming
into force of
Act.

THE SPEAKER OF THE SENATE_AC’I‘.(2°°)

57-58 VICTORIA, CHAPTER 11.

(N are: This Act, with a short title added and clause four below deleted,
is now chapter 149 of the Revised Statutes of Canada, 1927.)

. An Act respecting the Speaker of the Senate.
[/1 seemed to 23771 J uh , 1894.]

Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:~—

I. Whenever’the Speaker of the Senate, from illness or
other cause, finds it necessary to leave the chair during any
part of the sittings of the Senate on any day, he may call upon
any senator to take the chair and preside as Speaker during
the remainder of such day, unless the Speaker himself resumes
the chair before the close of the sittings for that day.

2. Whenever the Senate is informed by the Clerk at the
table of the unavoidable absence of the Speaker, the Senate
may choose any senator to preside as the Speaker during such
absence, and such senator shall thereupon have and execute
all the powers, privileges and duties of Speaker, until the
Speaker himself resumes the chair, or another Speaker is
appointed by the Governor General.

3. Every act done by any senator, acting as aforesaid,
shall have the same effect and validity as if the act had been
done by the Speaker himself.

4. This Act shall not come into force until Her Majesty’s
pleasure thereon has been signified by proclamation in the
Crmzwla Gazette. (201)

(’°“) By virtue of the British North America Act, 1867. only the provinces
(see section 92) have the right to amend their own constitution. As will be noticed.
on reading section 91. the federal parliaxnent has not been granted the same power.
Doubts having arisen as to the power of Parliament to pass the above mentioned
Act the latter was confirmed by imperial statute assented to on the fifth of Sep-
tember, 1895. See Part II of this volume for the Imperial Act‘

(W) The proclamation was dated September 28, 1896.

360

THE SPEAKER or THE HOUSE or
COMMONS Acr.(2°2)

R.S., 1927, CHAPTER 148.

An Act respecting the Speaker of the House of
Commons.

SHORT TITLE.

1. This Act may be cited as the Speaker of the House of
Commons Act. R.S., c. 13, s. 1.

2. Whenever the Speaker of the House of Commons, from
illness or other cause, finds it necessary to leave the chair during
any part of the sittings of the said House, on any day, he may
eall upon the Chairman of Committees, or, in his absence, upon
any member of the House, to take the chair and to act as deputy
speaker during the remainder of such day, unless he himself
resumes the chair before the close of the sittings for that day.
R.S., e. 13, s. 2.

3. Whenever the House is informed by the Clerk at the
table of the unavoidable absence of the Speaker, the Chairman
of Committees, if present, shall take the chair and shall perform
the duties and exercise the authority of speaker in relation to
all the proceedings of the House, until the meeting of the House
on the next sitting day, and so on frond day to day on the like
information being given to the House until the House other
wise orders: Provided that if the House adjourns for more than
twenty—four hours, the deputy speaker shall continue to per-
form the duties and exercise the authority of speaker for twenty—
four hours only after such adjournment. R.S., e. 13, s. 3.

4. If, at any time during a session of Parliament the
Speaker is temporarily absent from the House, and a deputy
speaker thereupon performs the duties and exercises the authority
of speaker, as hereinbefore provided, or pursuant to the standing
orders or other order, or a resolution of the House, every act
done and proceeding taken in or by the House, in the exercise
of its powers and authority, shall be as valid and eifeetual as
if the Speaker himself was in the chair. R.S., e. 13, s. 4.

5. Every act done, and warrant, order or other document
issued, signed or published by such deputy speaker in relation
to any proceedings of the House of Commons, or which under
any statute would be done, issued, signed or published by the
Speaker if then able to act, shall have the same efieet and
validity as if the same had been done, issued, signed or published
by the Speaker for the time being. R.S., c. 13, s. 5.

(W) This Act was originally chapter one of the statutes of 1885. Section four
of that Act had repealed chapter two of the statutes of 4868 intituled “An Act
rgapecling the afice of Speaker of the House of Commons :2] the Damimon of C’anmda.”

361
l8955——24

Short title.

Speaker
leaving the
chair. who
to preside.

In unavoid-
able absence
of speaker,
ehairninn of
committees
to act.

Proviso.

Validity
of any not
done while
deputy
speaker

in chair.

Idem.

‘Short title.

Member of
legislatures
not eligible.

Election to
be void.

Member
aaeeigting
seat in
provincial
legislature
to vacate
his sent.

If elected or
appointed
without his
knowledge.

HOUSE OF COMMONS ACT.
R,S., 1927, CHAPTER 145.

An Act respecting the House of Commons.(2°3)
SHORT TITLE.

1. This Act may be cited as the House of Commons Act.
R.S.,c.11, s. 1.

DISQUALIFICATIONS on Mnmnnns.
2. No person who, on the day of the nomination at any

election to the House of Commons, is a member of any legislative
council or of any legislative assembly of any province now

‘included, or which shall be hereafter included, within the

Dominion of Canada, shall be eligible as a. member of the
House of Commons, or shall be capable of being nominated
or voted for at such election, or of being elected to or of sitting
or voting in the House of Commons.

2. If any one so declared ineligible is elected and returned
as a member of the House of Commons, his election shall be
null and void. R.S., c. 11, s. 2.

3. If any member of the House of Commons is elected
and returned to any legislative assembly, or is elected or ap-
pointed a member of any legislative council and accepts the
scat, his election as a member of the House of Commons shall
thereupon become null and void, his seat shall be vacated,
and a new writ shall issue foithwith for a new election.

4. Any member of the House of Commons elected or
appointed to a provincial legislature without his knowledge
or consent shall continue to hold his seat in the House of Com-
mons as if no such election or appointment to a provincial
legislature had been made, if, without taking his seat in the
provincial legislature, and Within ten days after being notified
of such election or appolntmentfor, if he is not within the
province at the time, then within ten days after his arrival
within the province, he resigns his seat in such legislature,
and notifies the Speaker of the House of Commons of such
resignation. R.S., c. 11, s. 3.

W) The House of Commons is elected for five years unless sooner dissolved
by t e Governor General. See The Dominions Elections Act, 1833 (c. 461 as to
the qualifications and disqualifications of electors, qualifications of candidates,
persons ineligible as candidates and procedure at dominion elections.

The number of members is regulated by section 51 of the B.N.A. Act, 1867,
(see comments under that section) ‘1’/:5 Re rascntatinn Act, 19/7. which governs
at present is based on the census of 1041, see he British North Iimcrica. Act, 1943,
which states that “it shall not be necessary that the representation . . . be read-
iustcd in consequence of the completion of the decennial census taken in the year
1941” until after the war and also The British North America Act, 1946 which
repealed and re—enactcd section 5] making new provision as to the recdiustment of
representation in the House of Commons. ‘

362

House of Commons.

5. If any person who is by this Act declared ineligible as
a member of the House of Commons, or incapable of sitting
or voting therein, so sits or votes, he shall forfeit the sum of
two thousand dollars for every day he sits or votes.

2. Such sum may be recovered by any person who sues
for the same, by action in any form allowed by law in the
province in which the action is brought, in any court having
jurisdiction. R.S., c. 11, s. 4.

RESIGNATION or Mr.Mi3nns.(2°‘)

6. Any member of the House of Commons may resign
his seat

(41 ) by giving, in his place in the House, notice of his
intention to resign, in which case, and immediately
after such notice has been entered by the clerk on the
journals of the House, the Speaker shall forthwith
address his warrant, under his hand and seal, to the
Chief Electioral Officer, for the issue of a writ for the
election of a new member in the place of the member
resigning ; or
by addressing and causing to be delivered to the
Speaker a declaration of his intention to resign his
seat, made in writing under his hand and seal before
two witnesses, which declaration may be so made and
delivered either during a session of Parliament, or in
the interval between two sessions, in which case the
Speaker shall, upon receiving such declaration, forth-
with address his warrant, under his hand and seal, to
the Chief Electoral Officer, for the issue of 23, writ for
the election of a new member in place of the member
so resigning;
and in either case a writ shall issue accordingly.

2. An entry of the declaration so delivered to the Speaker
shall be therefore made in the journals of the House. R.S.,
c. 11, s. 5; 1920, c. 46, s. 18.

(1))

*7. If any member of the House of Commons wishes to
resign his seat in the interval between two sessions of Parlia-
ment, and there is then no Speaker, or, if the Speaker is absent
from Canada, or, if such member is himself the Speaker,he
may address or cause to be delivered to any two members of
the House the declaration before mentioned of his intention
to resign.

2. Such two members, upon receiving such declaration,
shall forthwith address their warrant, under their hands and
seals, to the Chief Electoral Officer for the issue of a new writ
for the election of a member in the place of the member so
notifying his intention to resign, and such writ shall issue
accordingly. 11.8., c. 11, s. 6; 1920, c. 46, s. 18.

(W) See Bourinot’e Parliamentary Procedure (4th edition). at pp. 157461 as
to resignations of members and vacancies.

18955-244}

363

Penalty for
1-son
iiieeligible
sitting or
voting.

Recovery.

Member may
resign his
seat by:
Notice;

Declaration.

Writ.

Entry in
journals.

Proceedings
where a
member
wishes to
resign and

«there is no

Speaker, or
he himself
is Speaker.

Warrant
for election
writ.

364

Best vacant.

Not to resign
when elec-
tion is
contested.

Vacancy by

death or

acceptance
office.

If there is
no Speaker.
or he is
absent or
member is
himself the
Speaker.

Vacancy
occurring
before
Parliament
meets after
a general
election .

When writ
may issue.

Effect of
election.

Report of
trial judge
or Supreme
Court.

Effect of
determina-
tion.

House of Commons.

8. Any member tendering his resignation in any manner
hereinbefore provided, shall be held to have vacated his seat
and shall cease to be a member of the House. R.S., c. 11, s. 7.

9. No member shall tender his resignation while his
election is lawfully contested, or until after the expiration of
the time during which it may by law be contested on other
grounds than corruption or bribery. R.S., c. 11, s. 8.

VACANCIES.

10. If any vacancy happens in the House of Commons
by the death of any member, or by his accepting any ofiice,
the Speaker, on being informed of such vacancy by any member
of the House in his place, or by notice in writing under the
hands and seals of any two members of the House, shall forth-
with address his warrant to the Chief Electoral Officer, for
the issue of a new writ for the election of a member to fill the
vacancy; and a new writ shall issue accordingly. R.S., c. 11,
s. 9; 1920, c. 46, s. 18.

11. If, when such vacancy happens, or at any time there-
after, before the Spcalccr’s warrant for a new writ has issued,
there is no Speaker of the House, or if the Speaker is absent
from Canada, or if the member whose seat is vacated is himself
the Speaker, then, any two members of the House may address
their warrant, under their hands and seals, to the Chief Electoral
Oflficer, for the issue of a new writ for the election of a member
to fill such vacancy; and such writ shall issue accordingly.
R.S., c. 11, s. 10; 1920, c. 46, s. 18.

12. A warrant may issue to the Chief Electoral Officer
for the issue of a new writ for the election of a member of the
House of Commons to fill any vacancy arising subsequently
to a general election, and before the first meeting of Parliament
thereafter, by reason of the death or acceptance of such olfice
of any member.

2. Such writ may issue at any time after such death or
acceptance of office.

3. The election to be held under such writ, shall not in
any manner affect the rights of any person entitled to contest
the previous election.

4. The report of any judge appointed to try such previous
election, or of the Supreme ‘Court of Canada, in case of an
appeal, shall determine whether the member who has so died
or accepted ofl”1ce, or any other person was duly returned or
elected thereat.

5. The determination, if adverse to the return of such
member, and in favour of any other candidate, shall avoid the
election held under this section, and the candidate declared
duly elected at the previous election shall be entitled to take
his seat as if no such subsequent election had been held. R.S.,
c. 11, s. 11; 1920, c. 46, s. 18.

House of Commons.

13. In the event of a vacancy occurring a writ shall be

‘ issued within six months after the receipt by the Chief Electoral

Oflicer of the warrant for the issue of a new writ for the election
of a member of the House of Commons.

2. This election shall not apply Where the vacancy in
respect of which the warrant has issued occurs within six months
of the expiry of the time limited for the duration of the House
of Commons.

3. If Parliament is dissolved after the issue of a new writ
hereunder such writ shall thereupon be deemed to have been
superseded and withdrawn. 1919 (2nd session), (2. 18, s. 1.

14-. No person shall be nominated and consent to be
nominated so as to be a candidate for election as a member
of the House of Commons for more than one electoral district
at the same time, and if any person is so nominated for more
than one electoral district and consents thereto all such
nominations shall be null and void. 1919 (2nd session), e. 18,
s. 1.

INTERNAL EooNoMY.(“°5)

15. The person who fills the oflice of Speaker at the
time of any dissolution of Parliament, shall, for the purpose
of the following provisions of this Act, be deemed to be the
Speaker until a Speaker is chosen by the new Parliament.
R.S., c. 11, s. 12.(’°“)

16. The Governor in Council shall appoint four members
of the King’s Privy Council, for Canada, Who are also members
of the House of Commons, who, with the Speaker of the House
of Commons, shall be commissioners for the purposes of this
and the four next following sections.

2. The names and offices of such commissioners shall be
communicated by message from, the Governor in Council to
the House of Commons, in the first week of each session of
Parliament.

3. Three of the commissioners, whereof the Speaker of
the House of Commons shall be one, may carry the said prov-
isions into execution. .

4. In the event of the death, disability, or absence from
Canada of the Speaker during any dissolution or prorogation
of Parliament, any three of the commissioners may carry the
said provisions into execution. R.S., e. 11, s. 13.

17’. An estimate shall annually be prepared by the Clerk
of the House of Commons of the sums which will probably
be required to be provided by Parliament for the payment of
the indemnity and the actual moving or transportation expenses
of members, and of salaries, allowances and contingent expenses
of the House, and of the several ofliccrs and clerks thereof
under his direction, during the fiscal year.

(105) Sec Bourinol-.’s Parliamentary Procedure (4th edition), pp. 197-198.
» (“V5 See the Speakerof the House oi CommonsAet, c. 148 of the Revised Statutes
of Cann a, 1927.

365

Election
writ to issue
within six
months after
\va1-rant.

Exceptions.

Dissolution.

Nomination
for one
electoral
district only.

In case of
dissolution,
Speaker to
not until.
auotheus
chosen.

Speaker and
four other
commim
sinners to
set.

How_
appointed .

Quorum .

Case of
death or
absence of
Speaker.

Estimate to
be made by
the Clerk.

366

And by the
Seriennt~at-
Arms.

To be sub-
mitted to
Speaker.

Speaker to
prepare an
estim ate.

Estimates to
be submitted
to Minister
of Finance.

Money pay-
able for
member’s
indemnity
subiect to
order of
commis-
EIOIIBPS.

Credits to
issue.

Credits in
his favour.

Advances of
money to
accountant.

Qificers to

security.

Inquiry.

Suspension
and

removal.

House of Commons.

2. The Serjcant~at-Arms of the House of Commons shall
annually prepare an estimate of the sums which will probably
be required to be provided by Parliament for the payment of
salaries or allowances of the messengers, doorkeepers and
servants of the House under his direction, and of the contingent
expenses under his direction, during such year.

3. Such estimates shall be submitted to the Speaker for
his approval, and shall be subject to such approval and to such
alterations as the Speaker considers proper.

4. The Speaker shall thereupon prepare an estimate of
the sums requisite for the several purposes aforesaid, and shall
sign the same.

5. Such several estimates of the Clerk, Scrjeant—at-Arms
and Speaker shall be transmitted by the Speaker to the Minister
of Finance for his approval, and shall be laid severally before
the House of Commons with the other estimates for the year.
R.S., c. 11, s. 14.

18. All sums of money voted by Parliament upon such
estimates or payable to members of the House of Commons
under the Senate and House of Commons Act, shall be subject
to the order of the commissioners, or any three of them, of
whom the Speaker shall be one. R.S., c. 11, s. 15.

19. Credits for all the sums mentioned in the next pre–
ceding section shall issue from time to time according to the
directions of the commissioners.

_ 2. The credits shall issue on one of the banks of Canada
in favour of the Accountant and his assistant, or of such two
officers as the commissioners from time to time designate.

3. The commissioners shall from time to time apply for
such credits as they deem necessary for that purpose in favour
of the said Accountant and his assistant. or of the other officers
designated by them, by an order signed by the Speaker and
two others of the commissioners. R.S., c. 11, s. 16; 1918,
c. 12, s. 34.

20. The officers in whose favour the credit is given shall
give such security and in such form for the faithful performance
of their respective duties as the commissioners require. R.S.,
c. 11, s. 17.

OFFICERS. (207)

21. If any complaint or representation is at any time
made to the Speaker for the time being of the misconduct or
unfitness of any clerk, oflicer, messenger or other person
attendant on the House of Commons, the Speaker may cause
an inquiry to be made into the conduct or fitness of such person.

2. If thereupon it appears to the Speaker that such person
has been guilty of misconduct, or is unfit to hold his situation,

(W) See Standing Orders 82 to 91, of the House of (‘omruons respecting the
Officers of the House and their duties.

House of Commons. 367

the Speaker may, if such clerk, oflicer, messenger or other
person has been appointed by the Crown, suspend him and
report such suspension to the Governor General, and, if he
has not been appointed by the Crown, suspend or remove him.
R.S., c. 11, s. 18.
Oath 01

22. The Clerk of the House of Commons shall subscribe H .
and take before the Speaker the oath of allegiance, and all 3 9gw‘“°°’
other ofI’1cers, clerks and messengers of the House of Commons
shall subscribe and take before the Clerk of the House of Com-
mons the oath of allegiance.

2. The Clerk of the House of Commons shall keep a register Registry.
of all such oaths. R.S., e. 11, s. 19.

Short
title.

Oath of
allegiance‘

Rep. & New

1934, c.21, s. 1.

Form of
oath.

Substitution
of Sovereign
{or the time
being.

Regulations
respecting
oath _of
allegiance.

Regulations
respecting
oaths oi
nflice.

THE OATHS OF ALLEGIANCE ACT.

R.S., 1927, CHAPTER 143.
(as amended)

An Act respecting Oaths of AlIegiance.(’°3)

SHORT Trrnn.

1. This Act may be cited as the Oaths of Allegiance Act.
R.S., c. 78, s. 1.

2. (1) Every person in Canada, who, either of his own
accord, or in compliance with any lawful requirement made
of him, or in obedience to the directions of any Act or law in
force in Canada, save and except the British North America
Act, 1867, and the Naturalization Act, desires to take an oath
of allegiance, shall have administered to him and take the oath
in the following form, and no other:— ‘

“I, A.B., do swear that I will be faithful and bear true
allegiance to His Majesty King George the Fifth, his heirs
and successors according to law. So help me God.”

(2) Where in the said oath of allegiance the name of His
present Majesty is expressed, the name of the King or Queen
of Great Britain, Ireland and the British dominions beyond
the seas, for the time being, shall be substituted from time
to time.

(3) The Governor in Council may make regulations, which
shall have the force of law, requiring any person appointed to
or holding an oflice which is under the legislative authority of

the Parliament of Canada to take said oath of allegiance not-

withstanding that the taking of said oath is not made necessary
by any existing law in force in Canada.

(4) The Governor in Council may make regulations which
shall have the force of law, requiring any person appointed to
or holding an ofliee which is under the legislative authority of
the Parliament of Canada to take an oath in the form prescribed
by such regulations for the faithful performance of the duties

(209) This Act was amended in 193:; by repealing section two thereof and enacting
the above section two.

368

Oaths of Allegiance Act. 369

of such office, in any case in which the form of such oath is
not prescribed by an existing law in force in Canada. 1934,
c. 21, s. 1.(“’°9)

3. It shall not be necessary for any person appointed to No other
any civil office in Canada, or for any mayor or other officer or °“r“*“°°°5′
member of any corporation therein, or for any person admitted, 5” Y‘
called or received as a barrister, advocate, notary public,
attorney, solicitor or proctor, to make any declaration or sub-
scription, or to take or subscribe any other oath than the oath
aforesaid, and also such oath for the faithful performance of
the duties of his office, or for the due exercise of his profession
or calling as is required by any law in that behalf. R.S., c. 78,

s. 3.

4. The oath of allegiance hereinbeforc set forth, together within
with the oath of office or oath for the due exercise of any pro- iilihsfio delay
fession or calling, shall be taken within the period and in the be
manner, and subject to the disabilities and penalties for the taken.
omission thereof, by law provided with respect to such oaths,

in all such cases respectively. R.S., c. 78, s. 4.

5. All persons allowed by law in civil cases, in any part ._An alleg-
of Canada, to affirm instead of making oath, shall be permitted ““‘“°

. . . . . iii if
to take an affirmation of allegiance in the like terms, mutatzs £53,210”
mutandis, as the said oath of allegiance. gfilggélgor

2. Such aflirmation of allegiance, taken before the proper imoath.
oflicer, shall in all cases be accepted from such persons in lieu
of such oath, and shall as to such af-lirmants have the like effect
as the said oath of allegiance. R.S., c. 78, s. 5.

6. All justices of the peace and other officers lawfully B vghpm
authorized either by virtue of their office, or special commission *;e,,‘;‘,§‘_“3′
from the Crown for that purpose, may in any part of Canada
administer the oath of allegiance or receive the aflirmation of
allegiance. R.S., e. 78, s. 6.

W) Under the authority of the Royal and Pnrlilimentrwy Titles Act, 1927 (lmpi)
(17 1cO_. V, o. fl). a Royal Proelaination was issued on May 13, 1027, changing t s
title of His Majesty to read as follows:—

“George V, by the Grace of God of Great Britain, Ireland and the_Bi-itish
dominioiis beyond the Seas, King. Defender of the Faith, Emperor of India.” ‘

In consequence thereof the OIIUI8 of Allegiance Act (Cam) was amended to adopt
the simple form of oath of allegiance tliat had been atlopted in the United Kingdom,
Australia. South Africa. and other portions of the Empire, and which is set forth
in the new section two.

The special form of oath of allegiance, which is prescribed by section 128 of
the Brilisli North America Act, 1867, for members of the Senate and House of Com-
xno‘ns1an(l for inoinbers of the Legislative Councils and Legislative Assemblies, reads
as o ows:—-

“I, A. 13., do swear tliat I will be faithful and hear true allegiance to His

Majesty King George the Sixth.”

Section 12 of The Camzdmi Citizuisliip Aci. ch. 15 of the statiites of 19445, pre~
scribes that a slightly diflcreiit form of oath of allegiance shall be administered
uiicler that Act. reisdinz as follo\vs:—— _ I

“I. A. 13., $\V01u‘l2liD.‘l} I will be faithful and bear true allegiance to His Majesty

King George the Sixth, His Heirs and Successors, fl.Cl‘0l’dlllL; to law and that

I will faithfully observe the laws of Canada and fulfil my duties as 21 Canarliaii

Citizen. So help me God.”

As a similar forrr} is prescribed by the British Nationality mid Status of Aliens
Act, 1914, of tlie United Kingdom, which has been rcrenacted by the Psrlismient
of Canada, it is deemed advisable to retain the same form in the naturalization of
aliens in Canada,

The British North Amcricuglct, 1867, and The C<miz<lz‘mi (filizensiiiyi Act are, there~ fore, excepted from the operation of the amending Act. See the following Aetjntliis volume by which the assent of the Parliament of Canada is given to the omission from the Royal Style and Titles of the words “Em- peror of India”. Preamble‘ Recital. Short title. Pa:-l is» mentary assent. Effective date. THE ROYAL STYLE AND TITLES ACT (CANADA), 1947. 11 GEORGE VI, CHAPTER 72. An Act to provide for the Alteration of His Majesty’s Royal Style and Titles. [A ssented to 17th J uly, 1947.] WHEREAS the following recital is set forth in the preamble to the Statute of Westminster, 1931 :~— “And whereas it is meet and proper to set out by Way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Common- wealth of Nations, and as they are united by a common alle— gianee to the Crown, it would be in accord with the established constitutional position of all the members of the Common— wealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom”; And whereas it is proposed that the words “Indiae Im- perator” and “Emperor of India” be omitted from the present Royal Style and Titles. Therefore, His Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows :- 1. This Act may be cited as The Rog/al Style and Titles Act ((7amLde), 1.947. 2. The assent of the Parliament of Canada is hereby given to the omission from the Royal Style and Titles of the words “Indiae Imperator” and the words “Emperor of IDdiE”A 3. The date on which the said omission becomes effective shall he published in the Canada G’ezette.(2“’) (W) On the 22nd (lay of June, 1942, appeared the following “Extra” of the Canada G-azetfc under the heading “Government Native.” “DEPARTMENT OF EXTERNAL AFFAIRS Notice is hereby given pursuant to The Royal Style and Titles Act (Canada), 1947, that effective the 22nd day of June, 1948. the words “Indin.e.Imperator” and “Emperor of India” shall be omitted from the Royal Style and Titles.” 370 THE EXTRA-TERRITORIAL ACT, 1933. 23-24 GEORGE V, CHAPTER 39. An Act respecting Extra-territorial Operation of Acts of the Parliament of Canada.(2“) [Asscnted to 23711 M my, 1933.] His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:——— 1. This Act may be cited as the Extra-te7’7’ito7“£al Act, 1933. 2. Every Act of the Parliament of Caiiada. now in force enacted prior to the eleveiith day of December, 1931., which in terms or by necessary or reasonable implication was intended, as to the whole or any part thereof, to have extra-territorial operation, shall be construed as if at the date of its enactment the Parliament of Canada then had full power to make laws having extra-territorial operation as provided by the Statute of Westminstei’, 1931. (H1) Section 3 of the Statute of Westminster reads as follows: “3. It is hereby declared and enacted that the Parliament of 8. Dominion has full power to make laws having extra-territorial operation.” The i-iglit of extrarterritoriiility, which is one of the attributes of sovereignty, is the operation of laws upon the persons, the rights aiitl the statutes existing outside of the limits of a State but continuing however to be subieet to the laws of that State. It means for ii nation the right to legislate for its own national: outside of the three- mile limit of its oryn territory, in such B. way 8.8 to subject them to its own laws when they return to their counti-y’a jurisdiction. The above legislation has had the effect of confirming the extriyterriterial application of the ets oi the Canadian Pnrliainent. 371 Short title. Acts of the Parliament of Canada to have extrw _ territorial operation. THE CANADIAN CITIZENSHIP ACT.(’”) 10 GEORGE VI, CHAPTER 15. An Act respecting Citizenship, Nationality, Naturaliza- tion and Status of Aliens. [/1 ssented to 27th June, 1946.] His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:— SHORT TITLE. Short title. ].. This Act ma be cited as The Canadian Citizensiii Act. IV 7’ INTERPRETATION. Definitions. 2. In this Act, unless the context otherwise requires, “Cunndian a.) “Canadian citizen” means 21, erson who is 3. Canadian 5 n . . . P “’ “°“’ citizen under this Act; ;;§g“.§‘d“‘” (1)) “Canadian ship” means a ‘ship registered in Canada’ 1934′ G, 44, within the meaning of the Canada Sin‘ im Act 1934; ._ M2 J ,_ “°°!‘9!fi°“fie (0) “certificate of citizenship” means a certificate of citizen- of_citizcn- 1- _ ‘d d _ _1- A ,_ sh,p_n sup giante un ei tiis ct, “certiiliente of (d) “certificate. of naturalization” means a certificate of ;‘§:f,\‘ff5“‘”‘ naturalization granted under any Act heretofore in force in Canada,‘ ::g{e:‘_§’;I¢>I‘ (e) “Clerk” or “Cleric cf the Court” includes all cflicers
the %;°,,,¢_~ exercising the functions of prothonotary, registrar or

clerk of any court having jurisdiction under this Act,
and, where a person is designated by the Governor in
Council as a court under this Act, means the said
person;

“eonsulatc.” (f) “consulate” means the office of a Canadian consular
officcr and includes the office of a Canadian Ambas~
sedor, Minister or High Commissioner or of a Canadian
Trade Commissioner; and includes the oifice of a
consular or other oflicer of any other country of the
British Commonwealth where a register of births is

kept;
“co\mt_ry of (g) “country of the British Commonwealth” means for
lélfrfggzfih the purposes of this Act a country listed in the First
wealth.” Schedule to this Act or a country declared for the pur~

poses of this Act to be a country of the British Com~
monwealth of Nations by proclamation issued under
this Act, and includes, in the case of any such country,
all colonies, dependencies or territories thereof;

(W) The purpose of an Act on Czinadien citizenship is to define clearly this
symbol of nationhood, the nationality or citizenship status.

372

Y-..

Canadian Citizenship.

(h) “Court” means any Superior, Circuit, County or
District Court, and includes in the province of Quebec
any district magistrate, and, in the Northwest Terri-
tories and in the Yukon Territory, any stipendiary
magistrate or any other person designated by the
Governor in Council under this Act;

(i) “disability” means the incapacity of a minor, a lunatic
or an idiot;

(j) “domicile”, for the purposes of this Act, means the
place in which a person has his home or in which he
resides and to which he returns as his place of perma-
nent abode and does not mean the place where he
resides for a mere special or temporary purpose, and
“Canadian domicile” means such domicile maintained
in Canada for at least five years;

(Is) “Minister” means the Secretary of State of Canada;

(Z) “minor” means a person who has not attained the age
of twenty-one years;

(m ) “regulation” means a regulation made by the Governor
in Council under this Act; and

(ii) “responsible parent” means the father: except that,
where the father is dead, or where the custody of a
child has been awarded to his mother by order of a.
court of competent jurisdiction, or where a child was
born out of wedlock and resides with the mother,
“responsible parent” means the mother.

3. Where a person is required to state or declare his
national status, any person who is a Canadian citizen under
this Act shall state or declare himself to be a Canadian citizen
and his statement or declaration to that effect shall be a good
and sufficient compliance with such requirement.

PART I.
NATURAL-BORN CANADIAN CITIZENS.

4. A person, born before the commencement of this Act,

is a natura1—born Canadian citizen:—
(at) if he was born in Canada or on a Canadian ship and
has not become an alien at the commencement of this

Act; or

By reason of the particular structure 0! the British _Commoiiwealtli of Nations
Canadians find that they have a sort of dual personality. As subgects oi_a. King
who resides iii Britain they are Britisli subjects; as nationals of a sovercign_and
democratic country called Canada, they are Caiiarliuii citizens. Tliei-efore it is
evident that all British subjects are not Canadians but all Canadian citizens are
British subieots. So far as Canadians are concerned the residence of the King is
only incidentu1—lic might as well reside in Caimda, for he is King of Canada in the
some manner as he is King of the United Kingdom. In other words the title oi
His Majesty, the succession to the Throne and other such incidents are to be deter-
mined by joint consultation of the different kingdoms. and the rliament and govern~
ment which sit at Westminster and administer the United ingdom from London
have no oontrol or jurisdiction over the parliament and government at Ottawa.

373

“Court. ”

“disability.”

“domicilc.”

‘ ‘Cniis_dizm
domicile.”

“Minister.”

“iniiioi‘.”
“regulati‘on.”

“responsible
parent.’ ’

Declaration
of Canadian
citizenship
an adequate
statement of
national
status.

Born before
the coin~
mencemeiit of
the Act.

374

Born alter
the 00111–

Canedian Citizenship.

(I1) if he was born outside of Canada elsewhere than on a
Canadian ship and his father, or in the case of a person
born out of wedlock, his mother

(i) was born in Canada or on a Canadian ship and
had not become an alien at the time of that
person’s birth, or

(ii) was, at the time of that pei’son’s birth, a British
subject who had Canadian domicile,

if, at the commencement of this Act, that person has
not become an alien, and has either been lawfully
admitted to Canada for permanent residence or is a
minor.

5. A person, born after the commencement of this Act,

mememem; or is a i1atural—born Canadian citizen :—

the Act.

Conditions
for retention
of Canadian
gtizenship
y persons
born outside
of Canada.

(a) if he is born in Canada or on a Canadian ship; or
(12) if he is born outside of Canada elsewhere than on a.
Canadian ship, and
(i) his father, or in the case of a child born out of
wedlock, his mother, at the time of that person’s
birth, is a Canadian citizen by reason of having
been born in Canada or on a Canadian ship, or
having been granted a certificate of citizenship or
having been a Canadian citizen at the commence-
ment of this Act, and
(ii) the fact of his birth is registered at a consulate
or with the Minister, within two years after its
occurrence or within such extended period as
may be authorized in special cases by the Min-
ister, in accordance with the regulations.

6. Notwithstanding anything contained in section four or
section five of this Act, a person who is, at the commencement
of the Act, a minor born outside of Canada elsewhere than on a
Canadian ship and who has not been lawfully admitted to
Canada for permanent residence, or who is born after the
commencement of this Act and outside of Canada elsewhere
than on a,Canadian ship, shall cease to be a Canadian citizen
upon the expiration of one year after he attains the age of
twenty—one years unless after attaining that age and before
the expiration of the said year

(a) he asserts his Canadian citizenship by a declaration

of retention thereof, registered in accordance with the
regulations; and

(b) if he is a national or citizen of a country other than

Canada under the law of which he can, at the time of
asserting his Canadian citizenship, divest himself of
the nationality or citizenship of that country by making
a declaration of alienage or otherwise, he divests him-
self of such nationality or citizenship:

These then are the principles at the basis of Canadian international status. Now
to summarize the philosophy and history of Canadian nationality:

_Natiqiw.lity We know to be the political and juridical bond which unites
the individual to the state. Where there is a state, that is a permanent and iude«
pendent gathering of men, owners of a common territory, associated under 9. common
authority, nationality will follow.

Canadian Citizenship.

Provided that in any special case the Minister may extend the
time during which any such person may assert his Canadian
citizenship and divest himself of the other nationality or citizen-
ship, in which case upon so doing within the said time he shall
thereupon again become a Canadian citizen.

7. Every foundling who is or was first found as a deserted
infant in Canada, shall, until the contrary is proved, be deemed
to have been born in Canada.

8. Where a child is born after the death of his father, the
child shall, for the purposes of this Part, be deemed to have
been born immediately before the death of the father.

PART II.
CANADIAN CITIZENS Ornmc THAN NATUnAL—BonN.

9. (1) A person other than a natural-born Canadian citizen,
is a Canadian citizen, if he
(a) was granted, or his name was included in a certificate
of naturalization and he has not become an alien at
the commencement of this Act; or
( b ) immediately before the commencement of this Act
was at British subject who had Canadian domicile;
or, in the case of a woman,
(0) if she
(i) before the commencement of this Act, was
married to a man who, if this Act had come into
force immediately before the marriage, would
have been a natural—born Canadian citizen as
provided in section four of this Act or a Cana-
dian citizen as provided in paragraphs (a) and
(b ) of this subsection, and
(ii) at the commencement of this Act, is a British
subject and has been lawfully admitted to
Canada for permanent residence.

(2) A person who is a Canadian citizen under subsection
one of this section shall be deemed, for the purpose of Part
III of this Act, to have become a Canadian citizen:—

(e) where he was granted, or his name was included in,

E certificate of naturalization, on the date of the certi-
cate;

(b) where he is a Canadian citizen by reason of being a
British subject who had Canadian domicile, on the
date he acquired Canadian domicile; and

(c) in the case of a woman to whom paragraph (c) of
subsection one of this section applies, on the date of
the marriage or on which she became a British subject
or on which she was lawfully admitted to Canada for
permanent residence, whichever is the latest date.

Those having: the nationality of 9. country are generally called subjects, citizens
or xz(Ltionn.ls—-sul)je(-ts as in a kingdom, for instance, British subjects; citizens as in
a. republic or other democracy, for instance, American citizens or Canadian citizens
or even United Kingdom citizens. National is a more general term which is well
understood and indicates allegiance to 9. country. Previous to the passing of The
Canadian Citizenship Act, Canada had Canadian nationals, but the act defining
them is repealed by the new not defining Canadian citizens Each state claims for
itself the right to define and apply its own principles and rules as regards nationality.

375

Proviso,
special case.

Foundlings.

Childlborn
nfter death
eI,his_fathcr.

On com-
mencement of
the Act.

When
deemed
to have
become
Canadian
citizens.

376
Grant of a

certificate of

Qanadizm
citizenship.

Grant of
certificate
to British
subjects.

Proviso.

Special
certificate
to minor
children.

Comedian Citizenship.

10. (1) The Minister may grant a certificate of Canadian
citizenship to any person who is not a Canadian citizen, and
\l}lJhO makes application for that purpose and satisfies the Court
t at:~

(11) either he has filed in the office of the Clerk of the
Court for the judicial district in which he resides, not
less than one nor more than five years prior to the
date of his application, a declaration of intention to
become a Canadian citizen, the said declaration having
been filed by him after he attained the age of eighteen
years; or he is the spouse of and resides in Canada
with a Canadian citizen; or he is a British subject;

(Z) ) he has been lawfully admitted to Canada for permanent
residence therein;

( c ) he has resided continuously in Canada for a period of
one year immediately preceding the date of the appli-
cation and, in addition, except where the applicant
has served outside of Canada in the armed forces of
Canada during time of war or where the applicant
is the wife of and resides in Canada with a Canadian
citizen, has also resided in Canada for a further period
of not less than four years during the six years imme—
diately preceding the date of the application;

(cl) he is of good character;

(a) he has an adequate knowledge of either the English
or the French language, or, if he has not such an
adequate knowledge, he has resided continuously in
Canada for more than twenty years;

(f) he has an adequate knowledge of the responsibilities
and privileges of Canadian citizenship; and that

(g) he intends, if his application is granted, either to reside
permanently in Canada or to enter or continue in the
public service of Canada or of a province thereof.

(2) Notwithstanding the provisions of subsection one of
this section, the Minister may grant a certificate of Canadian
citizenship to any person who is a British subject and who makes
to the Minister a declaration that he desires such certificate and
who satisfies the Minister that he possesses the qualifications
p1’es.cribed by paragraphs (1)), (0), (d), (c), (f) and (g) of sub-
section one of this section: Provided that in any case where, in
the opinion of the Minister, there is doubt as to whether the
applicant possesses the said qualifications, the Minister before
granting such a certificate may refer the declaration and the
material in support thereof to the court in the judicial district
in which the declarant resides, and the declaration shall there-
upon be dcalt with as an application under subsection one of
this section.

(3) The Minister may grant a special certificate of citizen~
ship to a minor child of a person to whom a certificate of citizen-
ship is, or has been, granted under this Act, on the application
of the said person,

The special structure of the British Empire and of the British Commonwealth
of Nations has rendered rather difficult :2 study of nationality in the United King—~
dam, the dominions, colonies and protectomtes. Canada which is a sovereign state
and recognized ‘in interuatiomil law as a person am’ generis has clarified once and for
all the status of its nationals who, while retaining their status of British subjects,
will in future be known as Canadian citizens.

Canadian Citizenship.
((1) if the said person is the responsible parent of the child,
d

an

(b) if the child was born before the date of the certificate
granted to the said person and has been lawfully
admitted to Canada for permanent residence.

(4.) Any period during which an applicant for a certificate
of citizenship has served in the armed forces of Canada or was
employed outside of Canada in the public service of Canada
or of a province thereof, otherwise than as a locally engaged
person, shall be treated as equivalent to a period of residence
in Canada for. the purposes of subsection one and subsection
two of this section. ~

(5) No period during which an applicant for a certificate
of citizenship was confined in or an inmate of any penitentiary,
gaol, reformatory, prison, or asylum for the insane, in Canada,
shall be counted as a period of residence in Canada for the pur-
poses of subsection one and subsection two of this section.

].l. The Minister may, in his discretion, upon application,
grant a certificate of citizenship to

(a) a person with respect to whose status as a Canadian
citizen a doubt exists and the certificate may specify
that the grant thereof is made for the purpose of
removing doubts as to whether the person named
therein is a Canadian citizen and the granting of the
certificate shall not be deemed to establish that the
person to whom it is granted was not previously a
Canadian citizen; ‘

(17) a minor in any special case whether or not the condi-
tions rcquired by this Act have been complied with; or

( c ) a‘person who was an alien and who was naturalized
under any Naturalization Act in force in Canada.
before the passing of The Naturalization Act, 1914.

12. A certificate of citizenship granted to any person under
this Part, other than to a minor under the age of fourteen years,
shall not take effect until the applicant has taken the oath of
allegiance set forth in the Second Schedule to this Act, and

thereupon the said person shall become a Canadian citizen.

13. Except as provided by this Act in the case of minors,
a certificate of citizenship shall not be granted to any person
under a disability. ‘

14. (1) Before granting a certificate of citizenship to any
person whose application has been approved by the court, the
Minister may, if he is in doubt whether the certificate should
be granted, refer the application to the court for another hearing
to be known as a rehearing.

Before Confederation the British common law and imperial statutes respecting
nationality applied to Canada. Generally speaking, the common law regulate
nationality in Great Britain up to 184$ when the Natwilizatvion Act was passed.
This act did not extend to the colonies. The Canadian Naturalization Act was
passed in 1881 and came into force in 1833. It was agreed at the Imperial Conference
of 1907 that a Naturalization Act should be_passcd establishing uniformity within
the Empire, that is, that imperial nationality should be world wide, with each
dominion being left free to grant local nationality, the imperial act to apply to the
dominions if adopted by thernfind nothing proposed to affect the efieetiveness of
local laws regulating immigration or the like or differentiating between classes of
British subjects.

377

Period in
armed
forces or
puhli 0
service
equivalent
to residence.

Period in
penitentiary
eta. not to
be counted
as residence.

Grant of

certificate of
citizenship in
certain cases.

1014, c. 44.

Certificate
not efiective
till oath of
allegiance
taken.

Certificate
not to be
granted to
persons under
a disability.
Rehearing.

378

Notice.

Production
of evidence.

Decision
to bejfi nnl.

New .
nppli cation
allowed.

On acquisi-
tion of other
nationality.

B_y rcnun~
oration I
where dual
nationality.

Canadian
citizen,
serving in
armed forces
of another
country.

Childfoi
parent
ceasing to be
n_ Canadian
citizen.

Declaration
[or resuming
Canadian J
citizenship.

C’a7uzdi4m Citizenship.

(2) Where the Minister refers an application for a re-
hearing, he shall give notice in writing by registered mail of
the rehearing to the applicant at the postal address shown in
the application, and the rehearing shall not he proceeded with
until the expiration of at least thirty days after the mailing of
the said notice.

(3) An applicant shall, on a rehearing, produce to the
court such evidence as the court may require that he is qualified
and fit to be granted a certificate of citizenship and shall also
personally appear before the court for examination.

(4) The decision of the court on a rehearing shall be final
and conclusive as regards the application.

15. An applicant whose application has been rejected by
the Court on a hearing or rehearing may make another applica-
tion under section ten of this Act after the expiration of a period
of two years from the date of such rejection.

PART III.
Loss or CANADIAN CITIZENSHIP.

16. A Canadian citizen who, whenoutside of Canada and
not under a disability, by any voluntary and formal act other
than marriage, acquires the nationality or citizenship of a
country other than Canada shall thereupon cease to be a Cana—
dian citizen.

1’7. (1) Where a natural—born Canadian citizen, at his
birth or during his minority, or any Canadian citizen on marri-
age, became or becomes under the law of any other country a
national or citizen of that country, if, after attaining the full
age of twenty~one years, or after the marriage, he makes, while
not under disability, and still such a national or citizen, a
declaration renouncing his Canadian citizenship, he shall there-
upon cease to be a Canadian citizen.

(2) Where a Canadian citizen who is ‘under the law of any
other country a national or a citizen of that country serves in
the armed forces of any country when it is at war with Canada,
he shall thereupon cease to be a Canadian citizen.

18. (1) Where the responsible parent of a minor child
ceases to be a Canadian citizen under section sixteen or section
seventeen of this Act, the child shall thereupon cease to be a
Canadian citizen if he is or thereupon becomes, under the law
of any other country, a national or citizen of that country.

(2) A person who has ceased to be a Canadian citizen

under subsection one of this section may, within one year after
attaining the age of twenty-one years or in special circumstances

The act of the United Kingdom was passed in 1914, and Canada subsequently
passed its own legislation in line tlierexvith. British subjects became British sub-
jects throughout the Empire, which did not mean, however, that British subjects
from the other dominions had the some rights in Canada as the Canadians. fl‘ln’s
was made clear from the Immim’-man Act of 1910 which defined Cnnndian citizens
and the Canadian Nationals Act of 1921 which defired “any British subject who is
2. Canadian citizen” as a. Canadian national. Thus Canada’s own people became
British subjects of Canadian nationality.

Canadian Citizenship. 379

with the consent of the Minister within any longer period than
one year, make a declaration that he wishes to resume Canadian
citizenship and he shall thereupon again become a Canadian
citizen.

19. Where a person ceases to be a Canadian citizen as When loss
provided in section sixteen, section seventeen or section cightccn
of this Act, if he is at such time or thereupon becomes a national involves loss
or citizen of a country other than a country of the British Com— °‘ g.3’i“,S.‘t‘
monwealth, he thereupon ceases to be a British subject. M ‘0“ I y’

20. A Canadian citizen, other than a naturahborn Cana— By residence
dian citizen or a Canadian citizen who has served in the armed ‘(’;“a”§;‘:1if,‘}f°,
forces of Canada in time of war and been honourably discharged six years.
therefrom, ceases to be a Canadian citizen if‘ he resides outside
of Canada for a period of at least six consecutive years exclusive
of any period during which,

(a) he is in the public service of Canada or of a province

thereof;

(1)) he is a representative or employee of a firm, business,
company or organization, religious or otherwise, estab-
lished in Canada or of an international agency of an
oflicial character in which Canada participates;

; (0) he resides outside of Canada on account of ill~health

I or disability;

‘ (ol) he is the spouse or minor child of, and resides outside
of Canada for the purpose of being with a spouse or
parcnt who is a Canadian citizen residing outside of
Canada for any of the objects or causes specified in
paragraphs (a) to (c) inclusive of this section;

(e) be is the spouse of, and resides outside of Canada for
the purpose of being with a spouse who is a natural-
born Canadian citizen; or

(f) his Canadian citizenship is certified to be extended by
endorsement of his certificate of citizenship, or if he
has no certificate of citizenship, of his passport, by
the officer in charge of a consulate, which endorsement
shall state that the Canadian citizen appeared before
the oificcr prior to the expiration of the said period of
six years and established

(i) that his absence from Canada was of a temporary
nature, and

(ii) that he intended in good faith to return to
Canada for permanent residence as a Canadian
citizen,

and shall be in such form and may extend his Cana-

dian citizenship for such period as may be prescribed

by regulation.

To summarize: “The members of 1;he_Commonwca1th are united by 8 common
allegiance to the Crown which is the basis of the common status posscssed_ by all
subjects of His Maiesty. _This common status is in no way inconsistent with the
recognition within and without the Commonwealth of the_ distinct nntionahty
possessed by the nationals of the individual states of the British Ccmmonwcslt .”

To conclude: Canedianslsave round it wise and expedient to remain British
subjects but they have renlized that they_a1e now also and above _all Canadian
citizens. They have acquired thrpugh i5hf:lI“OW1’l efforts. more especially through
the sacrifices of those who have given their lives on the battlefields, a strong con-
sciousness of national unity and a great pride in their country.

380

By revoca-
tion of‘

citizenship.

Notice and
reference for
inquiry,

Inquiry by

Commission,

Proviso.

Powers of

Commission.

Canadian Citizenship.

21. (1) The Governor in Council may order that any
person other than a natural—born Canadian citizen shall cease
to be a Canadian citizen if, upon a report from the Minister,
he is satisfied that the said person either

(a) has, during any war in which Canada is or has been