Document Information

Date: 1867-01-31
By: n.a.
Citation: John A. Macdonald Fonds, Drafts of the British North America Act, 1867 – second working draft with handwritten provisions and notes, January 31st, 1867 (MG 26, A, Vol. 48, pp. 19040-19082).
Other formats: Click here to view the original document (PDF).
Notes: Endnotes are from Michael Scott & Charles Dumais, Book in Progress: The British North America Act (2025).

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^{[2d draft revised 31 Jany]}

(Confidential.)

WHEREAS the Provinces of CANADA, NOVA SCOTIA, and NEW BRUNSWICK have expressed their desire to form a Federal Union under the British Crown, for the purposes of Government and Legislation, based upon the principles of the British Constitution.

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 Parliament assembled, and by the authority of the same, as follows:—

1.—This Act may be cited as “The British North American Act, 1867.”

INTERPRETATION CLAUSE.

2.—

^{[present the clauses herewith]}

^{[Mark or A
At [illegible]]}

REPEALING CLAUSE.

3.—

^[illegible]

^[=]

^[=] 4.—It shall be lawful for the Queen, with the advice of her Privy Council, to declare by proclamation that the said Provinces of Canada, Nova Scotia, and New Brunswick upon, from, and after a certain day in such proclamation to be appointed, which day shall be within             [2]

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^{[= = =]} calendar months next after the passing of this Act, shall form and be one united dominion, under the name of the Kingdom of Canada, and thenceforth the said Provinces shall constitute and be one kingdom under the name aforesaid, upon, from, and after the day so appointed as aforesaid.

^{[by limits of each]} 5.—From and after the Union, the Provinces of Upper Canada and Lower Canada shall be severed, and each shall form a separate Province.

6.—From and after the said Union, Upper Canada shall be named and known as the Province of Ontario, and Lower Canada shall be named and known as the Province of Quebec.

THE EXECUTIVE POWER

7.—The Executive Government and authority is and shall be vested in Her Majesty the Queen. ^[9]

8.—The Queen has and shall have the Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces whatsoever.

8a.—The Governor-General may, by instrument under the great Seal of Canada, constitute an Executive Council, which shall be called the Privy Council of Canada, and ^{[he may]} from time to time appoint and remove Members thereof. ^[9]

^[9] 8b.—All powers, authorities and functions which by any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or by any Act of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick respectively, are vested in, or are authorised or required to be exercised by the respective Governors or Lieutenant-Governors of the said Provinces, with the advice, or with the advice and consent, of the Executive Council of such Provinces respectively, or in conjunction with such Executive Council, or with any number of the ^[9]

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Members thereof, or by the said Governors or Lieutenant-Governors individually and alone, shall in so far as the same are not repugnant to or inconsistent with the provisions of this Act, be vested in and may be exercised by the Governor ^[General] of the Kingdom of Canada, with the advice, or with the advice and consent of, or in conjunction, as the case may require, with the Privy Council, or any Members thereof, as may be appointed by the Queen for the affairs of the Kingdom of Canada, or by the Governor ^[General] of the Kingdom of Canada individually and alone, where the advice, consent, or concurrence of the Privy Council is not required.

THE LEGISLATIVE POWER.

^[10] 9.—From and after the Union, there shall be within ^{[and for]} the Kingdom of Canada, one General parliament, which shall be composed of the Queen, an Upper Chamber to be called the Senate, and a House of Commons.

SENATE.

^[11] 10.—For the purpose of forming the Senate the Kingdom of Canada shall be considered as consisting of three Divisions—

(1.) Ontario.
(2.) Quebec.
(3.) The Maritime Provinces of Nova Scotia and New Brunswick;

And each Division shall have an equal representation in the Senate.

^[12] 11.—Ontario shall be represented in the Senate by twenty-four Members, Quebec by twenty-four Members, and the Maritime Provinces by twenty-four Members, of which Nova Scotia shall have twelve Members, and New Brunswick twelve Members.

^[13] 11a.—For the purpose of composing the Senate, it shall be lawful for the Governor ^[General], before the

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time to be appointed for the first meeting of the Parliament of Canada, by an instrument or instruments under the Great Seal of Canada, to summon to the Senate such persons as Her Majesty may think fit, subject to the provisions of this Act; and it shall also be lawful for the Governor ^[General] in like manner to summon to the Senate such other person or persons as Her Majesty shall think fit, subject to the provisions of this Act, and every person who shall be so summoned shall thereby become a Member of the Senate.

QUALIFICATION FOR SENATE.

^{[Reilly’s draft]}

^[14] 12.—The Senators shall each be of the full age of thirty years, shall each be a natural born subject of the Queen, or her subject naturalized by Act of the Parliament of the United Kingdom of Great Britain and Ireland, or by an Act of any or either or one of the Legislatures of the Provinces of Canada, Upper Canada, Lower Canada, Nova Scotia, or New Brunswick, or by an Act of the Parliament of Canada hereby created, and shall each be legally or equitably seised or entitled as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seised and possessed for his own use and benefit of lands or tenements held in fief, franc-allen^[u] or roture, in the Province for which he shall be appointed, of the value of four thousand dollars over and above all debts, charges, dues, and incumbrances thereon, and shall each be and continue to be worth the sum last aforesaid over and above his debts and liabilities; and shall each also possess a continuous residence in the Province for which he is appointed, except during the time that he shall hold an office under the Government, the duties of which will require his continuous attendance at the seat of Government of Canada.

^[15] 13.—In the case of Quebec, each of the twenty-four Senators representing such Province shall be appointed to represent one of the twenty-

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^{[24. as to succeeding appointments]}

four Electoral Divisions mentioned in Schedule A of Chapter First of the Consolidated Statutes of Canada, and such Senator shall reside or possess his qualification in the ^[Electoral] Division he is appointed to represent.

^{[Division of the Kingdom]}

^[16] 14.—If any Money Bill passed by the House of Commons is rejected by the Senate for any one Session, or if any other Bill passed by the House of Commons is rejected by the Senate on three consecutive occasions, and if in such case or cases the Governor ^[General] shall ascertain that such Bill or Bills has or have been carried by the majority of voices from two out of the three Provinces ^{[divisions of the Kingdom]}, then and in such case it shall be lawful for Her Majesty to create additional Members of the Senate, preserving the rule of equality between the three sections ^[divisions] of Upper Canada, Lower Canada, and the Mara^[i]time Provinces.

^{[Number of the Senate]} 

^[17] 15.—In case of such increase ^{[on such vote]} beyond the normal number of seventy-two on such vote, no additions shall ^[hereafter] be made until each section shall be represented by twenty-four Members and no more.

^[=]

^{[24. Lower Canada]}

^[18] 16.—Whenever after the first appointment a vacancy in the Senate shall take place, it shall be lawful for the Governor-General, in the Queen’s ^[N]name, by an instrument under the Great Seal of Canada, to summon to the said Senate a person duly qualified according to the provisions of this Act to fill such vacancy.

^{[24. Lower Canada]}

^[19] 17.—Every Senator shall hold his seat in the Senate for the term of his life, subject to the provisions of this Act.

^[20] 18.—If any Senator shall, for two successive Sessions of Parliament, fail to give his attendance in the Senate, or if he shall take any oath or make any declaration or acknowledgement of allegiance, obedience, or otherwise, to any foreign Prince or Power, or shall do, concur in, or adopt any act whereby he may become a subject or a

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citizen of any foreign state or power, or whereby he may become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, or shall cease to have any of the qualifications required by this Act, or shall become bankrupt or take the benefit of any Act relating to insolvent debtors, or become a defaulter, or be attainted of treason or be convicted of felony or any infamous crime, his seat in the Senate shall thereby become vacant.

^[21] 19.—Every Senator shall, before taking his seat, take the ^{[oath of Allegiance to Her Majesty the Queen before the Governor General or some person or persons authorised by him to]} oath or make a declaration in Schedule A mentioned.

^[22] 20.—Any person who at the time of the Union is a Member of the Legislative Council of Canada, or of Nova Scotia, or of New Brunswick, and who may accept the office of Senator shall, by his acceptance, be held to have vacated his seat in such Legislative Council.

^[23] 21.—Any Senator may, by writing under his hand, addressed to the Governor-General, resign his seat in the Senate, and thereupon such seat shall become vacant.

^[24] 22.—If any question respecting a vacancy in the Senate shall arise, the same shall be heard and determined by the Senate.

^[25] 23.—The Governor-General shall have power, by an instrument under the Great Seal of the Kingdom, to appoint one Member of the Senate to be Speaker thereof, and to remove him and appoint another in his stead.

^[26] 24.—Subject to alteration by the Parliament of Canada, the presence of at least fifteen Members of the Senate, including the Speaker, shall be necessary to constitute a Meeting for the exercise of its powers.

^[27] 25.—The Speaker shall vote as other Members, and in case of an equality of votes, it shall be held that the decision is in the negative.

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HOUSE OF COMMONS.

^{[[illegible] six] [28]} 26.—For the purpose of constituting the House of Commons of the Kingdom of Canada, it shall be lawful for the Governor within             [3] months after the Union, and thereafter from time to time, as occasion shall require, in Her Majesty’s name and by an instrument or instruments under the Great Seal of Canada to summon and call together a House of Commons in and for Canada.

^[29] 27.—The House of Commons shall consist of one hundred and eighty-one members, of whom eighty-two members shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia and fifteen for New Brunswick,

^[30] 28.— ^{[Constituencies of Ontario]}

^[31] 29.— ^{[Constituencies of Quebec]}

^[32] 30.— ^{[Constituencies of Nova Scotia]}

^[33] 31.— ^{[Constituencies of New Brunswick]}

^[34] 32.—There shall be a General Census of the people of the Kingdom of Canada taken in the year One thousand eight hundred and seventy-one, and decennially afterwards; and immediately after the said census, and immediately after

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every decennial census thereafter, the representation in the House of Commons from each Province ^{[in the House of Commons]} shall be re-adjusted by such authority^[,] in such manner, and from such time, as any Act of the Parliament of Canada from time to time directs, according to the following rules. ^[:—] 

(1.) Lower Canada shall have the fixed Number of Sixty-five Representatives;

(2.) There shall be assigned to each of the other Provinces such a Number of Representatives as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Lower Canada (so ascertained).

(3.) In the computation of the Number of Representatives for a Province a fractional part less than one-half of the whole number requisite for entitling the Province to a Representative shall be disregarded; but a fractional part exceeding one-half of that number shall be equivalent to the whole number.

(4.) On any such Re-adjustment the Number of Representatives of a Province shall not be reduced unless the Proportion which the number of the Population of the Province bore to the Number of the aggregate Population of the United Colony at the then last preceding Re-adjustment of the Number of Representatives of the Province is ascertained at the then latest Census to be diminished by One Twentieth Part or upwards.

^{[But such re-adjustment shall not take effect until after the termination of the then existing Parliament.]}[4] 

^[35] 33.—The Number of Members of the House of Commons may be from Time to Time increa-

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sed by Act of the Parliament of Canada, provided the proportionate Representation of the several Provinces prescribed by this Act is not thereby disturbed.

^[36] 34.—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 prorogued or dissolved by the Governor-General), and no longer.

^[37] 35.—For the purpose of such Readjustments, Quebec shall always be assigned sixty-five 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 Quebec will enjoy, according to the census then last taken by having sixty-five Members.

^[38] 36.—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 of Canada, to the extent of five per centum.

^[29] 37.—In computing at each decennial period the number of Members to which each Province is entitled, no fractional parts shall be considered, unless when exceeding one-half the number entitling to a Member, in which case a Member shall be given for each such fractional part.

^[40] 38.—The number of Members may at any time be increased, regard being had to the proportionate rights then existing.

^[41] 39.—Until provisions are made by the Parliament of Canada, all the laws which at the date of the Proclamation constituting 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 House of Assembly in the respective Provinces, and relating to the qualification or

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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 controverted elections, and the proceedings incident thereto, and relating to the vacating of seats of Members, and to the 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 of Canada.

^{[by six] [42]} 40.—The Senate and House of Commons of Canada, shall be called together for the first time^[,] at some period^[,] not later than ^[6] calendar months ^{[from and]} after the time of the Union.

^[43] 41.—The House of Commons shall, upon its first assembling, after every general election, proceed forthwith to elect one of its number to be Speaker, and in case of his death, resignation, or removal by a vote of the Commissioners^[ons], the said House of Commons shall forthwith proceed to elect another of their Members to be Speaker; and the Speaker so elected shall preside at all Meetings of the Commons.

^[44] 42.—The presence of at least twenty Members of the House of Commons, including the Speaker, shall be necessary to constitute a Meeting of the House of Commons for the exercise of its powers, and all questions which shall arise in the Commons shall be decided by the majority of voices of such Members as shall be present, other than the Speaker; and when the voices shall be equal, the Speaker shall have the casting vote.

^[45] 43.—No Senator shall be capable of being elected, or of sitting or voting as a Member of the House of Commons.

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MONEY.

^[46] 44.—Bills for appropriating any part of the Public Revenue of Canada or for imposing any Tax or Impost shall originate in the House of Commons. 

^[47] 45.—It shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the Public Revenue, or of any Tax or Impost, to any purpose that has not been first recommended to that House by message of the Governor General in the Session in which such vote, resolution, address, or bill is proposed to be adopted or passed.

ROYAL ASSENT, &c.

^[48] 46.—Where a Bill passed by the Houses of Parliament of Canada is presented to the Governor General for Her Majesty’s ^{[The Queen’s]} assent, he shall declare according to his discretion, but subject to the provisions of this Act and to Her Majesty’s ^{[The Queen’s]} instructions, either that he assents thereto in Her Majesty’s ^{[The Queen’s]} name, or that he withholds Her Majesty’s ^{[The Queen’s]} assent, or that he reserves the Bill for the signification of Her Majesty’s ^{[The Queen’s]} pleasure.

^[49] 47.—Where the Governor General assents to a Bill in Her Majesty’s ^{[The Queen’s]} name, he shall by the first convenient opportunity send an authentic copy of the Act to one of Her Majesty’s ^{[The Queen’s]} principal Secretaries of State, and if Her Majesty ^{[The Queen’s]} in Council within two years after receipt thereof by the Secretary of State thinks fit to disallow the Act, such disallowance (with a certificate of the Secretary of State of the day on which the Act was received by him) being signified by the Governor General, by speech or message to the Houses of Parliament of Canada, or by proclamation, shall annul the Act from and after the day of such signification.

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^[50] 48.—A Bill reserved for the signification of Her Majesty’s ^{[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 Her Majesty’s assent; the Governor General signifies, be speech or message to each of the Houses of Parliament of Canada, or by proclamation^[,] that it has received the assent of Her Majesty ^{[The Queen]} in Council. ^{[: and]}

An entry of every such speech, message, or proclamation shall be made in the Journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of Canada.

ANNUAL SESSION.

^[51] 49.—There shall be a Session of the Parliament of Canada once at least in every year, so that a period of twelve months shall not intervene between the last sitting of the Parliament in one Session, and the first sitting thereof in the next Session.

POWERS OF PARLIAMENT.

^[52] 50.—It shall be lawful for the Queen, by and with the advice and consent of the Houses of Parliament of Canada, to make laws for the peace, order, and good government of the Kingdom, and of the several Provinces, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to Provincial Legislation; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this Section, it is hereby declared that the Legislative Authority of the Parliament of the United Colony ^[Canada] extends to all matters coming within the classes of subjects next hereinafter enumerated, that is to say:—

1. The Public Debt and Property.
2. The Regulation of Trade and Commerce.

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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 Province together, or extending beyond the limits of any Province.
7. Lines of Steamships between Canada 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 Act authorising them to be for the general advantage.
10. The Census and Statistics.
11. Militia—Military and Naval Service and Defence.
12. Beacons, Buoys, Light Houses, 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.
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. Copy Rights.
27. Indians and Lands reserved for the Indians.
28. Naturalisation and Aliens.
29. Marriage and Divorce.
30. The Criminal Law, excepting the Constitution of Courts of Criminal Jurisdiction

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but including the procedure on Criminal matters.
31. The establishment, maintenance, and management of Penitentiaries.
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, and when so sanctioned the power of amending, altering, or repealing such laws shall thenceforward be vested in the Parliament only.
33. Immigration.
34. Agriculture.
35. To establish a General Court of Appeal, and in order to the due execution of the Laws of Parliament additional Courts, when necessary.
36. To fix and provide for the salaries and allowances of the Governors of the several Provinces, and of the Judges and all other Officers of the Union, and of the Judges of the Superior, District, County, and Recorder’s Courts, and of the Admiralty Courts, in cases where the Judges thereof are paid by salaries.
37. And also for the peace, welfare and good government of the Union respecting all matters of a general character, not specially and exclusively herein reserved for the Legislatures; and such laws shall control and supersede any laws in any use repugnant thereto or inconsistent therewith which may have been made prior thereto; and any law made by any Legislature in pursuance of the authority hereby conferred upon it in regard to matters and subjects in which concurrent jurisdiction is hereby given to the Parliament shall, so far as the same is repugnant to or inconsistent with any Act passed by the Parliament, be null and void.

^{[Here follows M S Clauses 53 to]}

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53 The Senate and the Members thereof, and the House of Commons or the Members thereof, are respectively to be entitled to and shall and may exercise as branches of the Parliament of the Kingdom of Canada, all the powers and privileges, and be subject to all the responsibilities and duties which the House of Lords, and the House of ^[Commons] of the United Kingdom of Great Britain and Ireland or the members thereof enjoy as the case may be, or are subject to, except as herein provided and except also as to the judicial functions of the House of Lords.

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54 The first elections for Members of the House of Commons and of Canada and for members of the Legislative assemblies respectively, of Ontario, Quebec, Nova Scotia, New Brunswick shall be held upon the same day and be taken by the same Returning Officer.

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Civil List.

Revenues, &c.

55 ^{[And be it enacted that upon] [From and after]} the Union of the Provinces of Upper and Lower Canada all duties and Revenue 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 ^{[except such portions thereof as are by this Act reserved to the Local Governments, or raised by them in accordance with the special powers conferred upon them by this Act,]}, shall form one Consolidated Revenue Fund to be appropriated for the Public Service of the Province of Canada ^[Canada], in the manner and subject to the changes hereinafter mentioned.

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 54. 56 ^{[And be it enacted that]}The said Consolidated Revenue Fund of the Province of Canada shall be permanently charged with all the casts, charges and expenses incident to the collection, management and receipt thereof, such casts, charges and expenses being subject nevertheless to be reviewed and audited in such manner as shall be directed by any act of the Legislature of the Province of Parliament thereof.

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55.57. ^{[And be it enacted that]} Out of the Consolidated Revenue Fund of the Province of Canada, there shall be payable every year to Her Majesty, Her Heirs and Successors, the sum of_________________[10] for defraying the expense of the general service and purchases named in the Schedule marked A^[B] to this act annexed; and during the life of Her Majesty ^{[the Queen]} and for five years after the demise of Her Majesty ^{[the Queen]}there shall be payable to Her Majesty, Her Heirs and Successors ^{[the Queen]}, out of the said Consolidated Revenue Fund, a further sum of _________________[11] for defraying the expense of the general services and purchases named in the Schedule marked B^[C] to this Act annexed; the

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said sums of _________________[13] to be issued by the Receiver General in discharge of such warrant or warrants as shall be from time to time directed to him under the Hand and Seal of the Governor ^[General]and the said Receiver General shall account to Her Majesty ^{[the Queen]} for the same, through the said High Treasurer as Lands Commissioner of Her Majesty’s ^{[the Queen’s]}treasury, in such manager and forum as Her Majesty ^{[the Queen]}shall be graciously pleased to direct.

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56 ^[58]. And be it enacted that Until altered by any Act of the Legislature of the Province of ^{[Parliament of Canada]} the salaries^[y]of the Governor ^{[General] [and]} and of the Judges shall be ^[illegible]respectively set against their removal^[his]offices in the said Schedule A^[B], and that it shall be lawful for the Governor to abolish any of the offices named in the said schedule B, or to vary the sums appropriated to any of the services or purposes named in the said schedule B, and that the amount of saving which may accrue from any such alteration in either of the said schedules shall be appropriated to such purposes connected with the administration of the Government of the ^[illegible] said  Province as to Her Majesty shall^[illegible]and that accounts in

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detail of the expenditure of the several ^[said] sum of _________________hereinafter granted, and of every part thereof shall be laid before the Legislative Council^[Senate]and Legislative Assembly of the Province House of Commons of Canada of the said ^[illegible] within thirty days^[next]after the beginning of the Session after such expenditure shall have been made: provided always that not more than _______________ shall be payable at the same time for pensions to the Judges out of the said sum of ________________ and that not more than _______________ shall be payable at the same time for pensions out of the said sum of ________________.

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5 ^[6]

57^[59]And be it enacted, that During the time for which the said sums of _________________ and  _______________ are severally ^[is] payable the same shall be accepted and taken by Her Majesty^{[the Queen]}by way of Civil List, instead of all territorial and other Revenues now at the disposal of the Crown, arising in either of the said Provinces of^[Canada]_______________ or in the Province of ________ and that three fifths of the net produce of the said territorial and other Revenues now at the disposal of the Crown within the Provinces of^[Canada]shall be paid over to the account of the said Consolidated Revenue Fund; and

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also during the life of Her Majesty^{[the Queen]}and for five years after the demise of Her Majesty^{[the Queen]}, the remaining three fifths of the net produce of the said territorial and other Revenues now at the disposal of the Crown within the Provinces of Canada shall be also paid over in like manner to the account of the said Consolidated Revenue Fund.

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 6 7^{[6 ½]}

 58 ^[60]And be it enacted that the consolidation of the duties and revenue of the said province shall not be taken to affect the payment and of the said Consolidated Revenue Fund of any sum or sums hereafter charged upon the rates and duties already raised, levied and collected, or to be raised, levied and collected, to and for the use of either of the said Provinces of^[Canada]or of the Provinces of _________ for such time as shall have been appointed by the general Acts of the Legislatures of the Province^{[Canada Nova Scotia and New Brunswick]}by which such charges were generally authorized.

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59 ^[61]And be it enacted That the expenses of the collection, management and receipt of the said Consolidated Revenue Fund shall form the brief charge thereon; and that the annual interest of the Public Debt of the Provinces of Canada, the Provinces of Canada, Nova Scotia, and^{[New Brunswick]} or either of them, at the^{[at the]} time of the union of the said Provinces, shall form the second charge thereon; and that the payments to be made to the clergy of the United Church of England and Ireland 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

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the time of passing this Act, were or are legally or usually paid out of the public or Crown Revenue of either of the Provinces of ______________ shall form the third charge upon the said Consolidated Revenue Fund; and that the said sum of ________________ shall form the fourth ^[third] charge thereon; and that the said sum of ____________________ so long, as the same shall continue to be payable, shall form the fifth charge^[illegible]; and that the other charges upon the rates and duties levied within the said Provinces of^[Canada]_______ hereinbefore reserved shall form the sixth charge thereon, so long as such charges shall continue to be payable.

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60 ^[1]

^[62]

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 Provinces of^{[Parliament of Canada]}for ^[the]public service, in such manner as they shall think proper:

Provided always, that, all Bills for appropriating any part of the surplus of the said Consolidated Revenue Fund, or for imposing any new tax or impost shall originate in the Legislative Assembly of the said Province of __________: 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[22]

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LOCAL CONSTITUTIONS.

^[63] 51. For each Province of Upper Canada, Lower Canada, Nova Scotia, and New Brunswick, there shall be an officer, styled the Lieutenant-Governor, ^{[to be]} appointed by the Governor-General in Council, under the great seal of Canada.

^[64] 52. A Lieutenant-Governor shall hold office during the pleasure of the Governor-General in Council, but any Lieutenant-Governor appointed after the commencement of the first Session of the Parliament of Canada, shall be 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 each of the Houses of Parliament within one week thereafter, if the Parliament is then sitting, and if not, then within one week after the commencement of the next sitting of the Parliament.

^[65] 53. The salaries of Lieutenant-Governors shall be fixed and provided by an Act to the Parliament of Canada.

^[66] 54. In each Province, the Lieutenant-Governor may, by and with the advice and consent of the Legislature, make Laws in relation to matters coming within the classes of subjects next hereinafter enumerated:—

(1.) The amendment from time to time of their Constitutions except as relates to the office of Lieutenant-Governor;
(2.) Direct Taxation within the Province in order to the raising of a revenue for Provincial Purposes, including in the case of New Brunswick the levying, by the mode and to the extent (if any) established by Law at the Union, Dues on Timber, not being the produce of any of the Provinces other than New Brunswick;
(3.) The borrowing of money on the sole credit of the Province for Provincial Purposes;

19069
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^{[67. In each Province the Lieutenant Governor may by and with the Consent of the Legislative Assembly, make laws in relation to Education in the Province, subject and according to the following Provisions:}

^Following]

Education in the Province subject and according to the following Provisions:

^[21] (1.) Nothing in any such Ordinance ^[Law] shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union:

(2.) All the Powers, Privileges, and Duties for the time being ^{[at the Union]} by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of Her Majesty’s ^{[the Queen’s]} Roman Catholic Subjects shall from Time to Time, be extended to the [dissentient] Schools of Her Majesty’s ^{[the Queen’s]} Protestant and Roman Catholic Dissentient ^{[Dissentient]} Subjects in Lower Canada:

(3.) Where in any Province a System of Separate or Dissentient Schools for the Time being exists by Law ^{[obtains or is hereafter enabled by the legislature thereof]}, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of ^{[the Protestant or Catholic minority]}[23] any Class of Persons in relation to Education:

(4.) In case any such Provincial Ordinances ^[laws] as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far ^[only] as the Circumstances of each Case require, the Power of the Parliament of the United Colony to ^{[Canada shall have]}[24] make ^[remedial] Laws, ^{[for the due execution of the province of Section and of any such decision of the Governor General in Council]} in relation to Education shall, not withstanding anything in this Act, be unrestricted.

^{[No Page Number]}[25]

1. The Public Debt and Property.[26]
2. The Regulation of Trade and Commerce.[27]
3. The raising of money by all or any mode or system of Taxation.[28]
4. The borrowing of money on the Public Credit.[29]
5. Postal Service.
6. The Census and Statistics.
7. Militia, Military and Naval Service, and Defence.
8. Beacons, Buoys, Lighthouses, and Sable Island.
9. Navigation and Shipping.
10. Quarantine.
11. Sea Coast and Inland Fisheries.
12. Currency and Coinage.
13. Banking, Incorporation of Banks, and the Issue of Paper Money.
14. Savings Banks.
15. Weights and Measures,
16. Bills of Exchange and Promissory Notes.
17. Interest.
18. Legal Tender.
19. Bankruptcy and Insolvency.
20. Patents of Invention and Discovery.
21. Copyrights.
22. Indians, and Lands reserved for the Indians.
23. Naturalisation and Aliens,
24. Marriage of Divorce.
25. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.
26. The Establishment, Maintenance, and Management of Penitentiaries.
^{[26 ½. all works and undertaking, whatsoever]}
27. Such Classes of Subjects as are by this Act expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to Provincial Legislation.

And any Matter coming within any of the Classes of subjects enumerated in this Section shall not be deemed to come within the Subject of Property

^{[Civil Rights comprised in the Enumeration of the Clause of subjects by this act assigned exclusively to Provincial Legislation.]}

19070[30]
^[343]

^[illegible]

60 ^[illegible]

^[illegible] Upon the Union of the Province 

^{[From and after the Union]} such portions all ^{[of the]}duties and revenues over which the respective Legislatures of the said Provinces before^[illegible] the time of the passing of this Act had ^[illegible] power of appropriation which are by this Act reserved to the local Governments or Legislatures, and all duties and revenues which by them ^[hereafter]raised in accordance with the special powers conferred upon them by this Act, shall form^{[in each Province]}one consolidated revenue fund to be appropriated for the public service of the^[illegible] said Province.

19071
^[344]

16

(4.) The establishment and tenure of Provincial offices, and the appointment and payment of Provincial officers;
(5.) The management and sale of the public lands belonging to the Province;
(6.) The establishment, maintenance, and management of public and reformatory prisons in and for the Province;
(7.) The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the Province (other than marine hospitals);
(8.) Municipal institutions in the Province;
(9.) Shop, saloon, tavern, auctioneer, and other licences, in order to the raising of a revenue for provincial, local or municipal purposes;
(10.) All works and undertakings;
(11.) The incorporation of Companies with exclusively Provincial objects;
(12.) The solemnisation of marriage in the Province;
(13.) Property and Civil Rights;
(14.) The administration of justice in the Province, including the constitution, maintenance, and organisation of Provincial Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts;
(15.) The Imposition of punishment by fine, penalty, or imprisonment for enforcing any Provincial Law made in relation to any matter coming within any of the classes of subjects enumerated in this section.

 ^{[[illegible] clauses 67+68]}

LEGISLATURE OF NOVA SCOTIA.

^{[have [illegible] these as numbered] [69]} 55.—There shall be two chambers as at present styled respectively, the Legislative Council and the House of Assembly.

19072
^[345]

17

^[70] 56.—The Legislative Council shall consist of

^[71] 57.—The Legislative Assembly shall consist of

NEW BRUNSWICK.

^[72] 58.—There shall be two chambers as at present styled respectively, the Legislative Council and the House of Assembly.

^[73] The Legislative Council shall consist of—

^[74] 59.—The Legislative Assembly shall consist of—

^{[Legislature of Ontario]}
UPPER CANADA.

^[75] 63.—There shall be one Chamber, to be styled—[31]

^[Quebec]
LOWER CANADA.

^[76] 60.—There shall be two chambers as at present, styled respectively The Legislative Council and the House of Assembly.

^[77] 61.—The Legislative Council shall consist of—

^[78] 62.—The Legislative Assembly shall consist of—

19073
^[346]

18

MISCELLANEOUS.

^{[79] [75]} 64.—Any Act of the Parliament of Canada may, notwithstanding anything in this Act, from time to time, provide for the constitution, maintenance, and organisation of a General Court of Appeal, and of such Courts as may be deemed necessary by the Parliament of Canada.

^{[80] [76]} 65.—Notwithstanding anything in this Act, any Act of the Parliament of Canada may from time to time make provision in relation to:—

(1.) Agriculture in all or any of the Provinces.
(2.) Immigration into all or any of the Provinces.
(3.) All works and undertakings.

And in each Province provincial laws may make provision in relation to:—

(1.) Agriculture in the Provinces.
(2.) Immigration into the Provinces.
(3.) All works and undertakings in the Province:

But any such Provincial Law shall have the force of law in and for the Province as long and so far only as it is not repugnant to any Act of the Parliament of Canada.

^{[81] [77]} 66.—Either the English or the French language may be used by any person in the Debates of the Houses of Parliament of Canada, and of the Houses of Parliament of Lower Canada, and both of these 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, and in or from all or any of the Provincial Courts of Lower Canada.

^{[here follows MS clause 82]}

19074[32]
^[347]

78^[82]It shall be lawful for the Queen to allow upon^{[at any time hereafter]} to admit into the Union on such terms and Conditions as the Parliament of Canada shall deem equitable and as shall receive the assent of Her Majesty, all or any of the Colonies of Newfoundland, Prince Edward Island or the North Western Territory or British Columbia, and on such terms and conditions of the Parliament of Canada shall deem equitable and as shall receive the assent of Her Majesty, and in the case of Newfoundland,

19075[33]
^[348]

Prince Edward Island and British Columbia as shall be agreed upon by their respective legislatures and in the case ^[event] of the adoption of Newfoundland and Prince Edward Island, or either of them, each shall be entitled to a representative in the Senate of Canada of four members, but after the admission of Prince Edward Island with the Confederation, the representation of the Provinces of Nova Scotia and New Brunswick shall be reduced to ten and, such reduction to take place only on the in the Senate of Canada shall upon any reduction by death or authorise to the number of Hon. Members from each^{[or either]}of those Provinces

19076[34]
^[349]

 not be replaced beyond that number, except as hereupon provided:

19077[35]
^[350]

^[and] it shall be lawful for Her Majesty the Queen of any time hereafter to^{[illegible] [to declare]} by proclamation that any in either of the Colonies of Newfoundland, Prince Edward Island, the North Western Territory or British Columbia upon from and after a certain day in such Proclamation be appointed shall to form a portion of the Kingdom of Canada and hereupon such Colony as the case may be, shall be and become a portion of the Kingdom upon from and after the day so appointed as aforesaid and upon such terms and conditions as may be therein expressed.

19078[36]
^[351]

2

A

The words “Her Majesty,” “The Queen,” or “The Crown” shall mean Her Majesty, Her Heirs and Successors, Sovereigns of the United Kingdom of Great Britain and Ireland.

The words “From and after the Union” shall mean from and after the day on which the proclamation, hereinafter mentioned declaring the Union of the Provinces, shall take effect.

The word “Parliament” ^{[or Legislature]} shall mean the General ^{[Legislature or]}Parliament of the United Provinces.

The word “Legislature”

19079[37]
^[352]

shall mean the Local ^{[Legislature or]}Parliament ^{[or Legislature]} of the several Provinces.

(illegible Governor)
The words “Governor”

The word “Union” shall mean the Union United ^{[of the]}Provinces of Upper Canada, Lower Canada, Nova Scotia, and New Brunswick.

The words “Governor” General” shall mean

(leave six lines blank)

The words “Governor General in Council” shall mean the Governor or person in administering ^{[for the time being]} the Government of Canada for the time being acting by and with the advice of the Privy Council thereof.[38]

The word “Governor” shall mean

(Leave six lines blank)

The words “Lieutenant Governor in Council” shall mean the Lieutenant Governor or a person administrating^{[for the time being]} the Government either of the Provinces of Upper Canada Ontario, Quebec, Nova Scotia or New Brunswick acting by and with the advice of the Executive Council thereof.

19080[39]
^[353]

^[illegible][40]

3 ^[illegible]. From and after the Union, all acts and parts of acts passed by the Parliament of Great Britain, the Parliament of the United Kingdom of Great Britain and Ireland, the Legislature of Upper Canada, the Legislature of Lower Canada, the Legislature of Canada, the Legislature of Nova Scotia and the Legislature of New Brunswick which are repugnant to or inconsistent with the provisions of this act shall be and the laws are hereby repealed.

19081[41]
^[354]

Provided always that the repeal of the said several acts of Parliament and parts of acts of Parliament shall not be held to revive or give any force or effect to any enactment which has by the said acts or any of them been repealed or determined.

19082[42]
^[355]

2 draft compared with 3 draft

No^[illegible] 2d draft

19 – Section with differences^[illegible]

Endnotes

[1]      There are three other copies of this draft—(Vol. 48, 19022-19039), (Vol. 48, 19083-19100), and (Vol. 54, 21581-21598) which are essentially the base text with some basic revisions regarding spelling.  Due to the sheer amount of new additions in this copy, particularly in longhand, that break up the base text, we have decided, in this volume, to include both the standard version of the second draft (which is found just before this draft in our volume) and this one with handwritten provisions and notes.

[2]      Blank

[3]      This is blank.

[4]      Moved from the top paragraph. It was originally after the words, “according to the following rules”.

[5]      This page is written out in longhand.

[6]      Ibid.

[7]      Ibid.

[8]      Ibid.

[9]      Ibid.

[10]    “blank” is written in the column here.

[11]    “blank” is written in the column here.

[12]    This page is written out in longhand.

[13]    “blank” is written in the column here.

[14]    This page is written out in longhand.

[15]    Ibid.

[16]    This page is written out in longhand.

[17]    Ibid.

[18]    Ibid.

[19]    Ibid.

[20]    Ibid.

[21]    Ibid.

[22]    At the bottom right corner of this page is the word “any” which indicates this draft clause continues on the next page with the word “any.” Unfortunately, no such page exists in this document.

[23]    The word reads “minor” in the document as the end of the word is cut off.

[24]    The word “power” is probably cut off here as it is present in the third draft. This section is probably supposed to read “…power to make remedial Laws…”

[25]    This page is found sandwiched between pages 19069 and 19070. The base text is from the Colonial Office draft (18971-18988). These markups may indicate that this document was used in between the CO draft of January 23^rd, and this draft—as these clauses are not found in the first draft of January 30^th. This page, thus, may be dated between January 23^rd-January 31, 1867. It is, thus, in all likelihood, not part of this draft at all. More analysis is needed.

[26]    This clause is cut off entirely from the page. Reconstructed using the Colonial Office draft (18971-18988).

[27]    This clause is cut off entirely from the page. Reconstructed using the Colonial Office draft (18971-18988).

[28]    This clause is partially cut off entirely from the page. Reconstructed using the Colonial Office draft (18971-18988).

[29]    This clause is partially cut off entirely from the page. Reconstructed using the Colonial Office draft (18971-18988).

[30]    This page is written out in longhand.

[31]    Moved here from the bottom of the page, just under what was originally clause “62”.

[32]    This page is written out in longhand.

[33]    Ibid.

[34]    This page is written out in longhand.

[35]    Ibid.

[36]    Ibid.

[37]    Ibid.

[38]    This clause is found on the margin of the page, written sideways.

[39]    This page is written out in longhand.

[40]    There is an illegible note word scratched out in the margin.

[41]    This page is written out in longhand.

[42]    Ibid.