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Date: 1866-01-24
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Citation: [Draft Constitution] (24 January 1866) Journal of the Legislative Council of the Province of New Brunswick (1867).
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On the 24th of January a lengthened interview took place at the residence of Lord Carnarvon, between the Members of the Conference and His Lordship, together with the Right Honorable C. B. Adderley, Sir Frederick Rogers, and Lord Monck. At this, and subsequent interviews, the prominent points in the Bills which had been in the meantime prepared by the Conference and Her Majesty’s Government, were discussed at length, until the following Bill was finally agreed upon:—

BRITISH NORTH AMERICA BILL.

ARRANGEMENT OF CLAUSES.

I. PRELIMINARY.

Clause.

1. Short Title.
2. Application of Provisions referring to the Queen.

II. UNION.

3. Declaration of Union.
4. Construction of subsequent Provisions of Act.
5. Four Provinces.
6. Provinces of Ontario and Quebec.
7. Provinces of Nova Scotia and New Brunswick.
8. Decennial Census.

III. EXECUTIVE POWER.

9. Declaration of Executive Power in the Queen
10. Application of Provisions referring to Governor General.
11. Constitution of Privy Council.
12. Powers to be exercised by Governor General with advice or alone.
13. Application of provisions referring to Governor General in Council.
14. Appointment of Deputies by Governor General.
15. Command of Armed Forces
16. Seat of Government of Canada.

IV. LEGISLATIVE POWER.

17. Constitution of Parliament of Canada.
18. Privileges, &c. of Houses.
19. First Session of the Parliament.
20. Yearly Session of the Parliament.

THE SENATE.

21. Number of Senators.
22. Representation of Provinces in Senate.
23. Qualifications of Senators.
24. Summons of Senators.
25. Summons of First Body of Senators.
26. Addition of Senators in certain cases.
27. Reduction of Senate to normal number.
28. Maximum number of Senators.
29. Tenure of place in Senate.
30. Resignation of place.
31. Disqualification of Senators.
32. Summons on vacancy
33. Questions as to vacancies, &c.
34. Speaker of Senate.
35. Quorum of Senate.
36. Voting in Senate.

THE HOUSE OF COMMONS.

37. Constitution of House of Commons.
38. Summoning of House of Commons.
39. Exclusion of Senators.
40. Electoral Districts of the Four Provinces:—
1. ONTARIO.
2. QUEBEC.
3. NOVA SCOTIA
4. NEW BRUNSWICK.
41. Continuance of existing Election Laws.
42. Writs for First Election.
43. Casual Vacancies.
44. Speaker of House of Commons.
45. Vacancy in office of Speaker.
46. Speaker to preside.
47. Provision for absence of Speaker.
48. Quorum of House of Commons.
49. Voting in the House of Commons.
50. Duration of House of Commons.
51. Decennial re-adjustment of Representation.
52. Increase of number of House of Commons.

MONEY VOTES—ROYAL ASSENT

53. Appropriation and Tax Bills.
54. Recommendation of Money Votes.
55. Royal Assent to Bills, &c.
56. Disallowance by Order in Council of Act assented to by Governor General.
57. Signification of Pleasure on Bill reserved.

V. PROVINCIAL CONSTITUTION

EXECUTIVE POWER.

58. Lieutenant Governors of Provinces.
59. Tenure of office of Lieutenant Governor,
60. Salaries of Lieutenant Governors.
61. Oaths, &c. of Lieutenant Governors.
62. Application of Provisions referring to Lieutenant Governors.
63. Executive Councils of Ontario and Quebec.
64. Executive Government of Nova Scotia and New Brunswick.
65. Powers to be exercised by Lieutenant Governor of Ontario or Quebec, with advice or alone.
66. Application of Provisions referring to Lieutenant Governor in Council.
67. Administration in absence, &c. of Lieutenant Governor.
68. Seats of Provincial Governments.

LEGISLATURES OF PROVINCES.

1. ONTARIO.

69. Legislature for Ontario.
70. Electoral Districts.

2. QUEBEC.

71. Legislature for Quebec.
72. Constitution of Legislative Council.
73. Qualification of Legislative Councillors.
74. Disqualification of Legislative Councillors.
75. Vacancies.
76. Questions as to Vacancies, &c.
77. Speaker of Legislative Council.
78. Quorum of Legislative Council.
79. Voting in Legislative Council of Quebec.
80. Constitution of Legislative Assembly of Quebec.

3. ONTARIO AND QUEBEC.

81. First Session of Legislatures.
82. Summoning of Legislative Assemblies.
83. Restriction on Election of holders of Office.
84. Continuance of existing Election Laws.
85. Duration of Legislative Assemblies.
86. Yearly Session of Legislature.
87. Speaker, Quorum, &c.

4. NOVA SCOTIA AND NEW BRUNSWICK.

88. Constitutions of Nova Scotia and New Brunswick.

5. ONTARIO, QUEBEC, AND NOVA SCOTIA.

89. First Elections.

6. THE FOUR PROVINCES.

90. Application to Legislatures of Provisions respecting Money Votes, &c.

VI. DISTRIBUTION OF LEGISLATIVE POWERS

POWERS OF THE PARLIAMENT.

91. Legislative authority of Parliament of Canada.

EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES.

92. Subjects of exclusive Provincial Legislation.

EDUCATION.

93. Legislation respecting Education.

UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND NEW BRUNSWICK.

94. Legislation for uniformity of Laws in three Provinces.

AGRICULTURE—IMMIGRATION—PUBLIC WORKS.

95. Concurrent powers of Legislation respecting Agriculture, &c.

VII. JUDICATURE.

96. Appointment of Judges.
97. Selection of Judges in Ontario, &c.
98. Selection of Judges in Quebec.
99. Tenure of office of Judges of Superior Courts.
100. Salaries, &c. of Judges.
101. General Court of Appeal, &c.

VIII. REVENUES—DEBTS—ASSETS—TAXATION.

102. Creation of Consolidated Revenue Fund.
103. Expenses of Collection, &c.
104. Interest of Provincial Public Debts.
105. Salary of Governor General.
106. Appropiation from time to time.
107. Transfer of Stocks, &c.
108. Transfer of Property in Schedule.
109. Property in Lands, Mines, &c.
110. Assets connected with Provincial Debts.
111. Assumption of Provincial Debts.
112. Debts of Ontario and Quebec.
113. Assets of Ontario and Quebec.
114. Debt of Nova Scotia.
115. Debt of New Brunswick.
116. Payment of Interest to Nova Scotia and New Brunswick.
117. Provincial Public Property.
118. Grants to Provinces.
119. Further Grant to New Brunswick.
120. Form of Payments.
121. Canadian Manufactures, &c.
122. Continuance of Customs and Excise Laws.
123. Exportation and Importation as between two Provinces.
124. Lumber Dues in New Brunswick.
125. Exemption of Public Lands, &c.
126. Provincial Consolidated Revenue Fund.

IX. MISCELLANEOUS PROVISIONS.

GENERAL.

127. Legislative Councillors of Provinces· becoming Senators.
128. Oath of Allegiance, &c.
129. Continuance of existing Laws, Courts, Offices, &c.
130. Transfer of Officers to Canada.
131. Appointment of new Officers.
132. Treaty Obligations.
133. Use of English and French Languages.

ONTARIO AND QUEBEC.

134. Appointment of Executive Officers for Ontario and Quebec.
135. Powers, Duties, &c. of Executive Officers.
136. Great Seals.
137. Construction of temporary Acts.
138. Errors in Names.
139. Proclamation commencing after Union.
140. Issue of Proclamations after Union.
141. Penitentiary.
142. Arbitration respecting Debts, &c.
143. Division of Records, &c.
144. Constitution of Townships in Quebec.

X. INTER-COLONIAL RAILWAY.

145. Duty of Government of Canada to make Railway.

ADMISSION OF OTHER COLONIES.

146. Power to admit Newfoundland, &c.
147. Representation of Newfoundland and Prince Edward Island in Senate.

Several conferences between the Imperial Government and the Delegates resulted in the adoption of the following Bill, which was subsequently passed by Parliament and received Her Majesty’s assent; the only change made was the introduction of the word “Male” in the 41st and 84th Sections.