John A. Macdonald Fonds, Drafts of the British North America Act, 1867 – 4th Draft, Later Version [n.d.]
Citation: John A. Macdonald Fonds, Drafts of the British North America Act, 1867 – 4th Draft, Later Version, n.d. (MG 26, A, Vol. 49/1, pp. 19337-19367).
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To provide for the Union and Government
of British North America.
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 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.”
2. In the construction of this Act the following rules shall be observed with respect to the following terms, unless otherwise expressly provided for, or such construction would be inconsistent with the manifest intention of the Act, or repugnant to the context—that is to say:—
The words “The Queen,” 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, declaring the Union of the Provinces, shall take effect.
The word “Parliament” shall mean the Legislature or Parliament of the Kingdom of Canada.
The words “Legislature” shall mean the Local Legislature of any of the provinces of the Union.
The word “Union,” shall mean the Union of the Provinces of Canada, Nova Scotia, and New Brunswick.
The words “Governor-General,” shall mean the Chief Executive Officer or Administrator for the time being of the Government appointed by the Queen, by whatever name designated.
The words “Governor-General in Council,” shall mean the Chief Executive Officer or Administrator, Governor or person administering for the time being the Government of Canada, acting by and with the advice of the Privy Council thereof.
The words “Lieutenant-Governor,” shall mean the Chief Executive Officer or Administrator for the time being of the Government of any Province in the Union.
The words “Lieutenant-Governor in Council,” shall mean the Lieutenant-Governor or Administrator for the time being of the Government of either the Provinces of Ontario, Quebec, Nova Scotia, or New Brunswick, acting by and with the advice of the Executive Council thereof.
The word “Kingdom” shall mean and comprehend the United Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick.
The words “Privy Council” shall mean such persons as may from time to time be appointed, chosen, summoned by the Governor-General, and sworn to aid and advise in the Government of the Kingdom.
The word “Canada” (when not applied to the Province of Canada) shall mean the Kingdom of Canada hereby constituted.
The words “Upper Canada” shall mean all that part of the Province of Canada which formerly constituted the Province of Upper Canada.
The words “Lower Canada” shall mean all that part of the province of Canada which formerly constituted the Province of Lower Canada.
The word “Ontario” shall mean the province of Ontario hereby constituted, and the said province shall be held to have the same boundaries as that part of the late Province of Canada known as Upper Canada prior to and at the time of the passing of this Act.
The word “Quebec” shall mean the Province of Quebec hereby constituted, and the said province shall be held to have the same boundaries as that part of the late Province of Canada known as Lower Canada prior to and at the time of the passing of this Act.
The words “Nova Scotia” shall mean the Province of Nova Scotia, and the said province shall be held to have the same boundaries as existing prior to and at the time of the passing of this Act.
The words “New Brunswick” shall mean the province of New Brunswick, and the said province shall be held to have the same boundaries as existing prior to and at the time of the passing of this Act.
The word “month” shall mean a calendar month.
Words importing the singular number or the masculine gender only, shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse.
The word “oath” shall be construed as meaning a solemn affirmation whenever the context applies to any person and case by whom and in which a solemn affirmation may be made instead of an oath; and in every case where an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power and authority to administer the same
and to certify its having been made; and the wilful making of any false statement in any such oath or affirmation shall be wilful and corrupt perjury; and the wilful making of any false statement in any declaration required or authorised by any such act as aforesaid, shall be a misdemeanour punishable as wilful and corrupt perjury.
3. 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, or the Legislature of New Brunswick, which are repugnant to or inconsistent with the provisions of this Act shall be and the same are hereby repealed: 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, nor shall the repeal of the said Acts and parts of Acts affect—
1. Any penalty, forfeiture, or liability, civil or criminal, incurred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal.
2. Nor any indictment, information, conviction, sentence, or prosecution had, done, completed, or pending at the time of such repeal.
3. Nor any action, suit, judgement, decree, certificate, execution, process, order, rule, or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal.
4. Nor any act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter, or thing, had, done, made,
acquired, established or existing at the time of such repeal.
5. Nor any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal.
6. Nor any marriage, certificate or registry thereof, lawfully had, made, granted, or existing before or at the time of such repeal.
7. Nor shall such repeal defeat, disturb, invalidate, or prejudicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal.
8. But every
Such penalty, forfeiture, and liability, and every such
Indictment, information, conviction, sentence, and prosecution, and every such
Action, suit, judgement, decree, certificate, execution, process, order, rule, proceeding, matter, or thing, and every such
Act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter or thing, and every such
Office, appointment, commission, salary, allowance, security, and duty, and every such
Marriage certificate and registry, and every such other matter and thing, and the force and effect thereof respectively, may and shall, both at law and in equity, remain and continue as if no such repeal had taken place, and, so far as necessary, may and shall be continued, prosecuted, enforced, and proceeded with under the said Laws, so far as applicable thereto.
4. It shall be lawful for The Queen 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 six 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.
5. The seat of Government of Canada shall be the City of Ottawa, subject to the Royal Prerogative.
6. From and after the Union, Upper Canada and Lower Canada shall be severed, and each shall form a separate Province.
7. From and after the 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.
8. Subject to any future action of the Governments of the Provinces respectively, the seats of Government shall be as follows:—
In Ontario, the City of Toronto; in Quebec, the City of Quebec; in Nova Scotia, the City of Halifax; and in New Brunswick, the City of Fredericton.
THE EXECUTIVE POWER.
9. The Executive Government and authority is and shall be vested in the Queen.
10. The Queen has and shall have the Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces whatsoever.
11. The Governor-General may, by instrument under the Great Seal of Canada, constitute a Privy Council, and he may from time to time appoint and remove Members thereof.
12. 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 Pro-
vinces, 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 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.
13. The Governor-General may assign, depute, substitute, and appoint any person or persons jointly or severally, to be his deputy or deputies within any part or parts of Canada, and in that capacity to exercise, perform and execute during the pleasure of the said Governor-General such of the powers, functions and authorities as may under this Act be vested in or exercised by the Governor-General as the Governor-General shall deem to be necessary or expedient, but the appointment of a Deputy or Deputies as aforesaid shall not abridge, alter, or in any way affect the power or authority of the Governor-General.
THE LEGISLATIVE POWER.
14. From and after the Union, there shall be in and for the Kingdom of Canada one Parliament, which shall be composed of the Queen, and Upper House to be called the Senate, and a House of Commons.
15. For the purpose of forming the Senate the Kingdom of Canada shall be considered as consisting of three Divisions—
(3.) The Maritime Provinces of Nova Scotia and New Brunswick.
And each Division shall have an equal representation in the Senate.
16. 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.
17. For the purpose of composing the Senate, it shall be lawful for the Governor-General, before the time to be appointed for the first meeting of Parliament, by an instrument or instruments under the Great Seal of Canada, to summon to the Senate such persons as The Queen 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 The Queen shall think fit, subject to the provisions of this Act, and every person who shall be so summoned shall thereby become a Senator.
18. 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 naturalised 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 franc-alleu 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.
19. In the case of Quebec, each of the twenty-four Senators representing such Province shall be appointed to represent one of the twenty-four Electoral Divisions of Lower Canada 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.
20. On the application of the Government of Canada, Her Majesty in Council may from time to time sanction an appointment of additional Senators, so as that the whole number shall in no case exceed seventy-eight, the proportions allotted to each of the three divisions being preserved. In case of vacancies after any such increase above seventy-two; no appointment shall be made without the sanction of the British Government till the whole number is reduced below seventy-two.
21. 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 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.
22. Every Senator shall hold his seat in the Senate for the term of his life, subject to the provisions of this Act.
23. 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 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 of any infamous crime, his seat in the Senate shall thereby become vacant.
24. Every Senator shall, before taking his seat, make and subscribe before The Governor-General or some person or persons authorised by him to administer the same, the oath of Allegiance to The Queen and the declaration respectively set forth in Schedule A.
25. Any person who at the time of the Union is a Member of the Legislative Council 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; and any person who at the time of the Union is a Member of the Legislative Council of Canada, Nova Scotia or New Brunswick and to whom the office of Senator is offered, who shall not within thirty days thereafter signify his acceptance thereof, the same shall be held to have declined such office.
26. Any Senator may, by writing under his hand, addressed to the Governor-General, resign his seat to the Senate, and thereupon such seat shall become vacant.
27. If any question respecting the qualification of a Senator or respecting a vacancy in the Senate shall arise, the same shall be heard and determined by the Senate.
28. The Governor-General shall have power, by an instrument under the great Seal of Canada, to appoint one Member of the Senate to be Speaker thereof, and to remove him and appoint another in his stead.
29. Subject to alteration by Parliament, 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.
30. 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.
HOUSE OF COMMONS.
31. The House of Commons shall consist of one hundred and eighty-one members, of whom eighty-two shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia and fifteen for New Brunswick.
32. Until otherwise provided by Parliament, Ontario, Quebec, Nova Scotia, and New Brunswick, shall for the purposes of the Election of Members in the House of Commons, be and the same are hereby respectively divided into Electoral Districts as follows:—
For the purpose of representation in Parliament Ontario shall be territorially divided into the Counties, Ridings of Counties, Cities, and Towns hereinafter mentioned, which shall for Electoral Districts, and each such Electoral District, as hereinafter numbered, shall be represented by one Member in the House of Commons.
a. Electoral Divisions, whereof the boundaries are at present defined by Law.
7. Prince Edward.
Ridings of Counties.
10. North Riding of Lanark.
11. South Riding of Lanark.
12. North Riding of Leeds, and North Riding of Grenville.
13. South Riding of Leeds.
14. South Riding of Grenville.
15. East Riding of Northumberland.
16. West Riding of Northumberland, (excepting therefrom the Township of South Monaghan).
17. East Riding of Durham.
18. West Riding of Durham.
19. North Riding of Ontario.
20. South Riding of Ontario.
21. East Riding of York.
22. West Riding of York.
23. North Riding of York.
24. North Riding of Wentworth.
25. South Riding of Wentworth.
26. East Riding of Elgin.
27. West Riding of Elgin.
28. North Riding of Waterloo.
29. South Riding of Waterloo.
30. North Riding of Brant.
31. South Riding of Brant.
32. North Riding of Oxford.
33. South Riding of Oxford.
34. East Riding of Middlesex.
Cities and Towns.
35. West Toronto.
36. East Toronto.
41. Town of Brockville, with the Township of Elizabethtown.
42. Town of Niagara, with the Township of Niagara.
43. Town of Cornwall, with the Township of Cornwall.
b. Electoral Divisions, which, and the boundaries whereof, are hereby created and defined as follows:—
44. The Provincial Judicial District of Algoma.
The County of Bruce, divided into two Ridings, to be called respectively the North and South Ridings.
45. The North Riding of Bruce to consist of the Townships of Bury, Lindsay, Eastnor, Albemarle, Amabel, Arran, Bruce, Elderslie, and Langeen, and the Village of Southampton.
46. The South Riding of Bruce to consist of the Townships of Kincardine (including the Village of Kincardine), Greenock, Brant, Huron, Kinross, Culross, and Carrick.
The County of Huron divided into two Ridings, to be called respectively the North and South Ridings:—
47. The North Riding shall consist of the Townships of Ashfield, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett, including Village of Clinton, and McKillop.
48. The South Riding shall consist of the Town of Goderich and the Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne and Stephen.
49. The North Riding of the County of Middlesex shall consist of the Townships of McGillivray and Biddulph (taken from the County of Huron) and Williams East, Williams West, Adelaide and Lobo.
50. The West Riding of the County of Middlesex shall consist of the Townships of Delaware, Carradoe, Metcalfe, Mosa, and Ekfrid, and the village of Strathroy.
51. The County of Lambton shall consist of the Townships of Bosanquet, Warwick, Plympton, Sarnia, Moore, Enniskillen and Brooke, and the Town of Sarnia.
52. The County of Kent shall consist of the Townships of Charham, Dover, East Tilbury, Romney, Raleigh and Harwich, and the Town of Chatham.
53. The County of Bothwell shall consist of the Townships of Sombra, Dawn and Euphemia (taken from the County of Lambton) and the Townships of Zone, Camden with the Gore thereof, Orford and Howard (taken from the County of Kent).
The County of Grey divided into two Ridings, to be called respectively the South and North Ridings:—
54. The South Riding shall consist of the Townships of Bentinck, Glenelg, Artemisia, Osprey, Normanby, Egremont, Proton, and Melancthon.
55. The North Riding shall consist of the Townships of Collingwood, Euphrasia, Holland, Saint-Vincent, Sydenham, Sullivan, Derby and Keppel, Sarawak and Brooke, and the Town of Owen Sound.
The County of Perth divided into two Ridings, to be called respectively the South and North Ridings:—
56. The North Riding shall consist of the Townships of Wallace, Elma, Logan, Ellice, Mornington and North Easthope, and the Town of Stratford.
57. The South Riding shall consist of the Townships of Blanchard, Downie, South Easthope, Fullarton, Hibbert, and the Villages of Mitchell and Ste. Marys.
The County of Wellington shall be divided into three Ridings, to be called respectively the North, South, and Centre Ridings:—
58. The North Riding shall consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the Village of Mount Forest.
59. The Centre Riding shall consist of the Townships of Garafraxa, Erin, Eramosa, Nichol and Pilkington, and the Villages of Fergus and Elora.
60. The South Riding shall consist of the Town of Guelph, and the Townships of Guelph and Puslinch.
The County of Norfolk shall be divided into two Ridings to be called respectively the South and North Ridings:—
61. The South Riding shall consist of the Townships of Charlotteville, Houghton, Walsingham and Woodhouse, and with the Gore thereof.
62. The North Riding shall consist of the Townships of Middleton, Townsend and Windham, and the Town of Simcoe.
63. The County of Haldimand, shall consist of the Townships of Oneida, Seneca, Caguya North, Caguya South, Rainham, Walpole and Dunn.
64. The County of Monck, shall consist of the Townships of Canborough and Moulton and Sherbrooke, and the village of Dunville, (taken from the County of
Haldimand), the Townships of Caistor and Gainsborough, (taken from the County of Lincoln), and the Townships of Pelham and Wainfleet (taken from the County of Welland).
65. The County of Lincoln, shall consist of the Townships of Clinton, Grantham, Grimsby and Louth, and the Town of St. Catherines.
66. The County of Welland, shall consist of the Townships of Bertie, Crowland, Humberstone, Stamford, Thorold and Willoughby, and the villages of Chipewa, Clifton, Fort Erie, Thorold and Welland.
67. The County of Peel, shall consist of the Townships of Chinguacousy, Toronto, and the Gore of Toronto, and the villages of Brampton and Streetsville.
68. The County of Cardwell, shall consist of the Townships of Albion and Caledon (taken from the County of Peel), and the Townships of Adjala and Mono (taken from the County of Simcoe).
The County of Simcoe, divided into two Ridings to be called respectively the South and North Ridings:—
69. The South Riding shall consist of the Townships of West Gwillimsbury, Tecumsth, Innisfil, Essa, Tossorontio, Mulmur and the village of Bradford.
70. The North Riding shall consist of the Townships of Nottawasaga, Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny and Tay, Balaklava and Robinson, and the towns of Barrie and Collingwood.
The County of Victoria divided into two Ridings to be called respectively the South and North Ridings:—
71. The South Riding shall consist of the Townships of Ops, Mariposa, Emilay, Verulam, and the town of Lindsay.
72. The North Riding shall consist of the townships of Anson, Bexley, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Sommerville, and Morrison, Muskoka, Monck and Watt (taken from the county of Simcoe), and any other surveyed Townships lying to the North of the said North Riding.
The County of Peterborough divided into two Ridings to be called respectively the West and East Ridings:—
73. The West Riding shall consist of the Townships of South Monaghan (taken from the county of Northumberland), North Monaghan, Smith and Ennismore, and the town of Peterborough.
74. The East Riding shall consist of the Townships of Asphodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the village of Ashburnham, and any other surveyed Townships lying to the North of the said East Riding.
The County of Hastings divided into three Ridings to be called respectively the West, East, and North Ridings:—
75. The West Riding shall consist of the town of Belleville, the Township of Sydney, and the village of Trenton.
76. The East Riding shall consist of the Townships of Thurlow, Tyendinaga, and Hungerford.
77. The North Riding shall consist of the Townships of Rawdon, Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and the village of Stirling, and any other surveyed Townships lying to the north of the said North Riding.
78. The County of Lennox shall consist of the Townships of Richmond, Adolphustown, North Fredericksburgh, South Fredericksburgh, Ernest Town, and Amherst Island, and the village of Napanee.
79. The County of Addington shall consist of the Townships of Camden, Portland, Sheffield, Hinchinbroke, Kaladar, Kenebec, Olden, Oso, Anglesea, Barrie, Clarendon, Palmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough, and Bedford.
80. The County of Frontenac shall consist of the Townships of Kingston, Wolfe Island, Pittsburg and Howe Island, and Storrington.
The County of Renfrew, divided into two Ridings, to be called respectively the South and North Ridings:—
81. The South Ridings shall consist of the Townships of McNab, Bagot, Blithfield, Brougham, Horton, Admaston, Grattan, Matawatchan, Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, and the villages of Arnprior and Renfrew.
82. The North Riding shall consist of the Townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algona, North Algona, Fraser, Mckay, Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns and Richards, and any other surveyed Townships lying north-westerly of the said North Riding.
Quebec shall be divided into sixty-five Electoral Districts, to be composed of the sixty-five Electoral Divisions into which Lower Canada is now divided, under Chapter 2 of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada 23 Victoria, Chapter 1, or of any other Act amending the same in force at the time of the Union: such Electoral Division is hereby constituted an Electoral District for the purposes of this Act, and shall be entitled to return one Member to the House of Commons.
3. NOVA SCOTIA.
Each of the righteen counties of Nova Scotia shall constitute an Electoral District. The county of Halifax shall be entitled to return two Members, and shall be entitled to return one Member to the House of Commons, and each of the other Counties one Member.
4. NEW BRUNSWICK.
New Brunswick shall be divided into fifteen Electoral Districts (of which the city of Saint John shall be one, and entitled to return one Member), and each of the fourteen counties into which New Brunswick is divided, and shall constitute an Electoral District, and shall be entitled to return one Member to the House of Commons.
33. There shall be a General Census of the people taken in the year One thousand eight hundred and seventy one, and decennially afterwards; and immediately after the said census, and immediately after every decennial census thereafter, the representation from each Province in the House of Commons shall be re-adjusted by such authority, and in such manner, as any Act of Parliament from time to time directs, according to the following rules:—
(1.) Quebec 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 shall bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained).
(3.) In the computation of the Number of Representatives for a Province a fractional part less than one-half of the whole number requisite for entitling the
Province to a member shall be disregarded; but a fractional part exceeding one-half of that number shall be equivalent to the whole number.
(4.) On any such 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 Canada at the then last preceding Re-adjustment of the Number of Representatives of the Provinces 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.
34. The Number of members may be from Time to Time increased by Parliament provided the proportionate Representation of the several Provinces prescribed by this Act is not thereby disturbed.
35. Every House of Commons shall continue for five Years from the Day of the Return of the Writs for choosing the same and no longer, (subject to be sooner prorogued or dissolved by the Governor-General).
36. Until other provisions are made by Parliament, all the laws which at the time of the Union are in force in the Provinces respectively relating to the qualification and disqualification of persons to be elected, or to sit or vote as Members of the House of Assembly or Legislative Assembly in the respective Provinces, relating to the qualification or disqualification of voters, or to the oaths to be taken by voters, or to Returning Officers, and their powers and duties, or relating to the proceedings at elections, or to the period during which such elections may be continued, or relating to the trial of controverted elections,
and the proceeding incident thereto, or relating to the vacating of seats of Members, or 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.
37. Every Member of the House of Commons shall, before taking his seat, make and subscribe before the Governor-General, or some person authorised by him to administer the same, the oath of allegiance to the Queen set forth in Schedule A.
38. The Governor-General shall, within six months from and after the Union, cause writs to be issued in such form and by such person, and to such Returning Officers as he may prescribe for the first election of members to serve in the House of Commons, and such person shall have all such and the same powers as are possessed by the Officers, at the time of the passing of this Act, charged with the issue of writs for the election of Members to serve in the House of Assembly, or Legislative Assembly of each of the provinces of Canada, Nova Scotia, or New Brunswick, or of Returning Officers (as the case may be), and in case any vacancy in the representation of an Electoral District shall occur in the House of Commons before the meeting of Parliament, or after the meeting of Parliament, and before provision is made by Parliament in such respect, a writ in respect of such vacant Electoral District may be issued in like manner, and the Governor shall, within six months after the Union, and thereafter from time to time, as occasion shall require, in The Queen’s name, and by an instrument or instruments under the great Seal, summon and call together a House of Commons.
39. 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, 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. And until otherwise provided by Act of Parliament, in case of the absence from the Chair of the House from any cause of the Speaker of the House of Commons for a period of forty-eight consecutive hours, the House of Commons may elect one of its number to act as Speaker, and such one so appointed shall, during the continued absence of the Speaker, preside at all Meetings of the Commons, and for the time being execute all the powers and privileges of the Speaker.
40. Except for the purposes of the previous section, 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.
41. No Senator shall be capable of being elected, or of sitting or voting as a Member of the House of Commons.
42. 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.
43. It shall not be lawful for the House of Commons to 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 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.
ROYAL ASSENT, &c.
44. Where a Bill passed by the Houses of Parliament is presented to the Governor General for The Queen’s assent, he shall declare according to his discretion, but subject to the provisions of this Act and to Her Majesty’s instructions, either that he assents thereto in The Queen’s name, or that he withholds The Queen’s assent, or that he reserves the Bill for the signification of The Queen’s pleasure.
45. Where the Governor General assents to a Bill in The Queen’s name, he shall by the first convenient opportunity send an authentic copy of the Act to one of The Queen’s principal Secretaries of State, and if The Queen in Council within two years after receipt thereof by the Secretary of State thinks fit to disallow the Act, such disallowance (with a certificate of the Secretary of State of the day on which the Act was received by him) being signified by the Governor General, by speech or message to the Houses of Parliament, or by proclamation, shall annul the Act from and after the day of such signification.
46. 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 Parliament or by proclamation, that it has received the assent of The Queen in Council: an entry of every such speech, message, or proclamation shall be made in the Journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of Canada.
47. There shall be a Session of Parliament 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.
48. It shall be lawful for the Queen, by and with the advice and consent of the Senate and House of Commons to make laws for the peace, order, and good government of the Kingdom of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures; 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 Parliament extends to all matters coming within the classes of subjects next hereinafter enumerated, that is to say:—
1. The Public Debt and Property.
2. The Regulation of Trade and Commerce.
3. The raising of money by 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 Steamships between Canada and other countries.
8. Telegraphic Communication and the incorporation of Telegraph Companies.
9. All other works as shall, although lying wholly within any Province, be specially declared by the Acts 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 and the Establishment and Maintenance of Marine Hospitals.
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.
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.
32. The Criminal Law, excepting the Constitution of Courts of Criminal Jurisdiction but including the procedure in Criminal matters.
33. The establishment, maintenance, and management of Penitentiaries.
34. Rending 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 Provinces 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.
35. The establishment of a General Court of Appeal, and in order to the due execution of the Laws of Parliament, the establishment of additional Courts.
36. Fixing and providing for the salaries and allowances of the Lieutenant Governors of the several Provinces, and of all other Officers of Canada, and the salaries allowances and pensions of the Judges of the Superior, District and County Courts, and of the Admiralty Courts, in cases where the Judges thereof are or shall be paid by salaries.
37. And such laws shall control and supercede any laws in any wise 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.
REVENUES, CIVIL LIST, &c.
49. From and after the Union, 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, 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 Kingdom of Canada, in the manner, and subject to the charges hereinafter mentioned.
50. The said Consolidated Revenue Fund of Canada shall be permanently charged with all the costs, charges, and expenses incident to the collection, management, and receipt thereof, such costs, charges and expenses being subject, nevertheless, to be reviewed and audited in such manner
as shall be ordered by The Governor-General in Council until otherwise provided by any Act of Parliament.
51. The Governor General of Canada shall appoint the Judges of the Superior District and County Courts in each Province, and until the consolidation of the Laws of Ontario, Nova Scotia and New Brunsick, such Judges shall be selected from their respective Bars.
52. The Judges of the Courts of Quebec shall be selected from the bar of Quebec.
53. 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.
54. Unless altered by any Act of Parliament, the salary of the Governor-General shall be ten thousand pounds sterling money of Great Britain.
55. The expense of the collection, management, and receipt of the said Consolidated Revenue Fund shall form the first charge thereon; and the annual interest of the public debt of the Provinces of Canada, Nova Scotia, and New Brunswick or either of them at the time of the Union, shall form the second charge thereon.
56. Subject to the several payments hereby charged on the said Consolidated Revenue Fund the same shall be appropriated by Parliament for the public service.
57. All stocks, cash, bankers’ balances, and securities for money belonging to each Province at the time of the Union, except as hereinafter mentioned, shall be the property of Canada, and shall so far be considered as reducing the amount of their respective debts at the time of the Union.
58. The following Public Works and Property of each Province shall be the Property of Canada, to wit:—
1. Canals, with lands and water power connected therewith.
2. Public harbours.
3. Light-houses and piers, and Sable Island.
4. Steamboats, dredges, and public vessels.
5. Rivers and lake improvements.
6. Railways and railway stocks, mortgages and other debts due by railway companies.
7. Military roads.
8. Custom-houses, post offices, and all other public buildings, except such as may be set aside by the Government of Canada, for the use of the Local Legislatures and Government.
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.
59. All lands, mines, minerals, and royalties belonging to the Provinces of Canada, Nova Scotia, and New Brunswick at the time of the Union, shall belong to the Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick, 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.
60. All sums due for such lands, mines, or minerals at the time of the Union, shall also belong to the several Provinces.
61. All assets connected with such portions of the Public Debt of any province as are assumed by such Provinces, shall also belong to such Provinces.
62. Canada shall, from and after the Union, assume the debts and liabilities of each Province existing at the time of the Union.
63. The Provinces of Ontario and Quebec conjointly, shall assume any excess by which the debt of the present Province of Canada may exceed, at the time of the Union, $62,500,000, and shall be charged with interest at the rate of five per centum thereon.
64. The assets enumerated in Schedule A of this Act hereunto annexed, belonging at the time of the Union to the province of Canada, shall be the property of the Provinces of Ontario and Quebec conjointly.
65. Nova Scotia shall in like manner assume any portion of its present Public Debt in excess of $8,000,000, and—
66. New Brunswick shall in like manner assume any portion of its Public Debt in excess of $7,000,000.
67. The several Provinces shall retain all other public property therein subject to the right of Canada to assume any lands or public property required for fortifications or for the defence of the country.
68. In case Nova Scotia or new Brunswick have not contracted debts at the time of Union equal to the amount with which they are respectively entitled to enter the Union as hereinafter provided, they shall receive by half-yearly payments in advance from the Government of Canada, the interest at five per cent. on the difference between the actual amount of their respective debts and such stipulated amounts.
69. The following sums shall be paid yearly by Canada, to each Province for the support of their Local Governments and Legislatures:—
Ontario ……. $80,000
Quebec ……. 70,000
Nova Scotia ……. 60,000
New Brunswick ……. 50,000
and an annual grant in aid of each province shall be made, equal to eighty cents per head of the population, as established by the Census of One thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Brunswick, by each subsequent decennial Census until the population of each of these provinces shall amount to Four hundred thousand souls, at which rate it shall thereafter remain. Such aid shall be in full settlement of all future demands upon Canada for local purposes, and shall be paid half-yearly in advance to each Province; but the Government of Canada 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 sixty-third, sixty-fourth and sixty-fifth clauses.
70. New Brunswick shall receive by half-yearly payments in advance from Canada for the period of Ten years from the time of the Union, an additional allowance of Sixty-three thousand dollars per annum. But so long as the Public Debt of that Province remains under Seven millions of dollars, a deduction equal to the interest at five per centum on such deficiency shall be made from the said sum of Sixty-three thousand dollars.
71. All payments to be made under this Act, or in discharge of liabilities created under any Act of the Provinces of Canada, Nova Scotia, and New brunswick respectively, and assumed by Canada from and after the time of the Union, and until otherwise directed by Parliament, shall be made in such form and manner as may from time to time be ordered by the Governor-General in Council.
72. From and after the Union, the Customs and Excise Laws of each Province shall continue to be in force until altered by Parliament; and in any case where the duties enacted to be collected are the same, it shall be lawful for the Governor-General in Council, by proclamation to be issued
from time to time, to declare that such goods, wares, and merchandise may be imported free into any port in the Kingdom of Canada from any of the Provinces of Ontario, Quebec, Nova Scotia, and new Brunswick, upon proof of having already paid duty, and in cases where any larger duties are exacted in any Province, it shall be lawful for the Governor-General in Council in like manner to authorise the importation of such goods, wares and merchandise on payment of the difference of duty between the said Provinces.
73. All articles, the growth or produce, or manufacture of the Provinces of Ontario, Quebec, Nova Scotia and New Brunswick, shall be admitted free into all Ports in Canada, from and after the Union.
74. No lands or property belonging to Canada or any Province thereof shall be liable to taxation.