Federal
versus Provincial
Powers to Make Laws:
the Constitution Act, 1867
Formerly titled the British
North America Act, the Constitution
Act, 1867 is a
statute that was passed by the Imperial Parliament in
Great Britain in 1867. The express wording of the Constitution
Act, 1867 relates primarily
to three separate colonies which were all located in the
British part of North America: the Provinces of Canada
(which included what is now two provinces: Quebec and
Ontario), Nova Scotia, and New Brunswick. Prior to the
coming into force of the Constitution
Act, 1867, the three colonies
had many of the legislative powers which are now held
by our federal Parliament: each passed their own legislation,
and was run, essentially, like a separate country (although
in a somewhat dictatorial fashion owing to their colonial
status). However, among other things (such as splitting
the Province of Canada into the provinces of Ontario and
Quebec), under the Constitution
Act, 1867 the provinces
transferred a fair bit of legislative power to a new,
federal government. The intended result was that much
of the law applicable in the four provinces would be common
to all four provinces (e.g., criminal law, postal service,
etc.). The stated rationale for giving up some powers
to a new, federal legislative body was that "...such
a Union would conduce to the Welfare of the Provinces
and promote the Interests of the British Empire"
which, at the time, was spread over much of the globe.
Although it is British
legislation (like many of Canada's constitutional statutes),
the Constitution Act, 1867
is one of the many statutes which - together with unwritten
conventions, customs, and usages - comprise the Canadian
constitution. Two of the most
important sections in the Constitution
Act, 1867 are sections 91
and 92
, which, together, determine what sorts
of laws may be passed only
by the federal Parliament, and what sorts of laws may
be passed by only
the provincial Legislatures. These are not the only two
sections which give law-making power to the federal Parliament
or provincial Legislatures (e.g., see sections 93
[education], 94
[uniformity of laws in three provinces]
and 95
[agriculture and immigration]), though
most laws are passed pursuant to the power given to the
federal Parliament or provincial Legislatures in sections
91 and 92.
There is a small amount
of law-making power which is held by both
the federal Parliament and the provincial Legislatures
concurrently (e.g., that which is in respect of agricultural
or immigration laws). However, most types of laws can
be passed either
by the federal Parliament or
by the provincial Legislatures: not
by both (i.e., most law-making
powers are exclusive
to either the federal Parliament or the provincial Legislatures).
For example, only the federal Parliament may pass laws
in relation to matters falling within the exclusively
federal power referred to in subsection 91(23), "Copyrights".
If a provincial Legislature were to pass a law which was
in relation to Copyrights, it could be argued that the
provincial law is unconstitutional on the ground that
the provincial Legislature lacks the legislative power
to make the law. If a court agreed, it could decide that
the power to make the law does not fall within the scope
of the provincial Legislatures' legislative power: the
law would be said to be ultra
vires ("vee-rez")
the provincial Legislatures. However, if the same law
were passed by the federal Parliament, the court could
find that the power to make the law was within the scope
of the federal Parliament's legislative power (i.e., that
the law was intra vires
the federal Parliament). When the constitutionality of
a law, or part of a law, is challenged on the grounds
that the legislative body making the law lacked the constitutional
authority to make the law, it is usually said that the
constitutionality of the law is being challenged on "division
of powers" grounds.
An Act for the Union
of Canada, Nova Scotia, and New Brunswick,
and the Government thereof; and for
Purposes connected therewith
30 & 31 Vict.,
c. 3 (U.K.)
[29th
March, 1867]
WHEREAS the Provinces
of Canada, Nova Scotia and New Brunswick have expressed
their Desire to be federally united into One Dominion
under the Crown of the United Kingdom of Great Britain
and Ireland, with a Constitution similar in Principle
to that of the United Kingdom:
And whereas such a Union
would conduce to the Welfare of the Provinces and promote
the Interests of the British Empire:
And whereas on the Establishment
of the Union by the Authority of Parliament it is expedient,
not only that the Constitution of the Legislative Authority
in the Dominion be provided for, but also that the Nature
of the Executive Government therein be declared:
And
whereas it is expedient that Provision be made for the
eventual Admission into the Union of other Parts of British
North America:
3. Declaration of
Union. ― It shall be lawful
for the Queen, by and with the Advice of Her Majesty's
Most Honourable Privy Council, to declare by Proclamation
that, on and after a Day therein appointed, not being
more than Six Months after the passing of this Act, the
Provinces of Canada, Nova Scotia, and New Brunswick shall
form and be One Dominion under the Name of Canada; and
on and after that Day those Three Provinces shall form
and be One Dominion under that Name accordingly.
4.
Construction of subsequent Provisions of Act. ― Unless
it is otherwise expressed or implied, the Name Canada
shall be taken to mean Canada as constituted under this
Act.
5.
Four Provinces ― Canada shall be divided into Four
Provinces, named Ontario, Quebec, Nova Scotia, and New
Brunswick.
6.
Provinces of Ontario and Quebec. ― The Parts of the
Province of Canada (as it exists at the passing of this
Act) which formerly constituted respectively the Province
of Upper Canada and Lower Canada shall be deemed to be
severed, and shall form Two separate Provinces. The Part
which formerly constituted the Province of Upper Canada
shall constitute the Province of Ontario; and the Part
which formerly constituted the Province of Lower Canada
shall constitute the Province of Quebec.
7.
Provinces of Nova Scotia and New Brunswick. ― The Provinces
of Nova Scotia and New Brunswick shall have the same Limits
as at the passing of this Act.
8.
Decennial Census. ― In the general
Census of the Population of Canada which is hereby required
to be taken in the Year One Thousand eight hundred and
seventy-one, and every Tenth Year thereafter, the respective
Populations of the Four Provinces shall be distinguished.
9.
Declaration of Executive Power in the Queen. ―
The Executive Government and Authority of and over Canada
is hereby declared to continue and be vested in the Queen.
10.
Application of Provisions referring to Governor General. ―
The Provisions of this Act referring to the Governor General
extend and apply to the Governor General for the Time
being of Canada, or other the Chief Executive Officer
or Administrator for the Time being carrying on the Government
of Canada on behalf and in the Name of the Queen, by whatever
Title he is designated.
11.
Constitution of Privy Council for Canada. ―
There shall be a Council to aid and advise in the Government
of Canada, to be styled the Queen's Privy Council for
Canada; and the Persons who are to be Members of that
Council shall be from Time to Time chosen and summoned
by the Governor General and sworn in as Privy Councillors,
and Members thereof may be from Time to Time removed by
the Governor General.
12.
All Powers under Acts to be exercised by Governor General
with Advice of Privy Council or Alone. ―
All Powers, Authorities, and Functions which under any
Act of the Parliament of Great Britain, or of the Parliament
of the United Kingdom of Great Britain and Ireland, or
of the Legislature of Upper Canada, Lower Canada, Canada,
Nova Scotia, or New Brunswick, are at the Union vested
in or exerciseable by the respective Governors or Lieutenant
Governors of those Provinces, with the Advice, or with
the Advice and Consent, of the respective Executive Councils
thereof, or in conjunction with those Councils, or with
any Number of Members thereof, or by those Governors or
Lieutenant Governors individually, shall, as far as the
same continue in existence and capable of being exercised
after the Union in relation to the Government of Canada,
be vested in and exerciseable by the Governor General
with the Advice, or with the Advice and Consent of or
in conjunction with the Queen's Privy Council for Canada,
or any Member thereof, or by the Governor General individually,
as the Case requires, subject nevertheless (except with
respect to such as exist under Acts of Parliament of Great
Britain or of the Parliament of the United Kingdom of
Great Britain and Ireland) to be established or altered
by the Parliament of Canada.
13.
Application of Provisions referring to Governor General in
Council. ― The provisions
of this Act referring to the Governor General in Council
shall be construed as referring to the Governor General
acting by and with the Advice of the Queen's Privy Council
for Canada.
14.
Power to Her Majesty to authorize Governor General to
appoint Deputies. ― It
shall be lawful for the Queen, if Her Majesty thinks fit,
to authorize the Governor General from Time to Time appoint
any Person or any Persons jointly or severally to be his
Deputy or Deputies within any Part or Parts of Canada,
and in that Capacity exercise during the Pleasure of the
Governor General such of the Powers, Authorities, and
Functions of the Governor General as the Governor General
deems it necessary or expedient to assign to him or them,
subject to any Limitations or Directions expressed or
given by the Queen; but the Appointment of such a Deputy
or Deputies shall not affect the Exercise by the Governor
General himself of any Power, Authority, or Function.
15.
Command of Armed Forces to continue to be vested in the
Queen. ― The Command-in-Chief
of the Land and Naval Militia, and of all Naval and Military
Forces, of and in Canada, is hereby declared to continue
to be vested in the Queen.
16.
Seat of Government of Canada. ―
Until the Queen otherwise directs, the Seat of Government
of Canada shall be Ottawa.
17.
Constitution of Parliament of Canada. ―
There shall be One Parliament for Canada, consisting of
the Queen, an Upper House styled the Senate, and the House
of Commons.
18.
Privileges, etc., of Houses. ―
The privileges, immunities, and powers to be held, enjoyed,
and exercised by the Senate and by the House of Commons,
and by the Members thereof respectively, shall be such
as are from time to time defined by Act of the Parliament
of Canada, but so that any Act of the Parliament of Canada
defining such privileges, immunities, and powers shall
not confer any privileges, immunities, or powers exceeding
those at the passing of such Act held, enjoyed, and exercised
by the Commons House of Parliament of the United Kingdom
of Great Britain and Ireland, and by the Members thereof.
19.
First Session of the Parliament of Canada. ―
The Parliament of Canada shall be called together not
later than Six Months after the Union.
21.
Number of Senators. ― The
Senate shall, subject to the Provisions of this Act consist
of One Hundred and five Members, who shall be styled Senators.
22.
Representation of Provinces in Senate. ―
In relation to the Constitution of the Senate Canada shall
be deemed to consist of Four Divisions:―
1. Ontario;
2. Quebec;
3. The Maritime Provinces,
Nova Scotia, and New Brunswick, and Prince Edward Island;
4. The Western Provinces
of Manitoba, British Columbia, Saskatchewan, and Alberta;
which Four Divisions
shall (subject to the Provisions of this Act) be equally
represented in the Senate as follows: Ontario by twenty-four
senators; Quebec by twenty-four senators; the Maritime
Provinces and Prince Edward Island by twenty-four senators,
ten thereof representing Nova Scotia, ten thereof representing
New Brunswick, and four thereof representing Prince Edward
Island; the Western Provinces by twenty-four senators,
six thereof representing Manitoba, six thereof representing
British Columbia, six thereof representing Saskatchewan,
and six thereof representing Alberta; Newfoundland shall
be entitled to be represented in the Senate by six members;
the Yukon Territory and the Northwest Territories shall
be entitled to be represented in the Senate by one member
each.
In
the case of Quebec each of the Twenty-four Senators representing
that Province shall be appointed for One of the Twenty-four
Electoral Divisions of Lower Canada specified in Schedule
A. to Chapter One of the Consolidated Statutes of Canada.
23.
Qualifications of Senator. ―
The Qualification of a Senator shall be as follows:
(1) He shall be of the
full age of Thirty Years:
(2) He shall be either
a natural-born Subject of the Queen, or a Subject of
the Queen naturalized by an Act of the Parliament of
Great Britain, or of the Parliament of the United Kingdom
of Great Britain and Ireland, or of the Legislature
of One of the Provinces of Upper Canada, Lower Canada,
Canada, Nova Scotia, or New Brunswick, before the Union,
or of the Parliament of Canada, after the Union:
(3) He shall be legally
or equitably seised as of Freehold for his own Use and
Benefit of Lands or Tenements held in Free and Common
Socage, or seised or possessed for his own Use and Benefit
of Lands or Tenements held in Franc-alleu or in Roture,
within the Province for which he is appointed, of the
Value of Four thousand Dollars, over and above all the
Rents, Dues, Debts, Charges, Mortgages, and Incumbrances
due or payable out of or charged on or affecting the
same:
(4) His Real and Personal
Property shall be together worth Four thousand Dollars
over and above his Debts and Liabilities:
(5) He shall be resident
in the Province for which he is appointed:
(6) In the case of
Quebec he shall have his Real Property Qualification
in the Electoral Division for which he is appointed,
or shall be resident in that Division.
24.
Summons of Senator. ― The
Governor General shall from Time to Time, in the Queen's
Name, by Instrument under the Great Seal of Canada, summon
qualified Persons to the Senate; and, subject to the Provisions
of this Act, every Person so summoned shall become and
be a Member of the Senate and a Senator.
25.
[Repealed.]
26.
Addition of Senators in certain Cases. ― If
at any Time on the Recommendation of the Governor General
the Queen thinks fit to direct that Four or Eight Members
be added to the Senate, the Governor General may by Summons
to Four or Eight qualified Persons (as the Case may be),
representing equally the Four Divisions of Canada, add
to the Senate accordingly.
27.
Reduction of Senate to normal number. ―
In case of such Addition being at any Time made, the Governor
General shall not summon any Person to the Senate, except
upon a further like Direction by the Queen on the like
Recommendation, to represent one of the Four Divisions
until such Division is represented by Twenty-four Senators
and no more.
28.
Maximum Number of Senators. ―
The Number of Senators shall not at any Time exceed One
Hundred and thirteen.
29.
(1) Tenure of place in
Senate. ― Subject to subsection
(2), a Senator shall, subject to the provisions of this
Act, hold his place in the Senate for life.
(2)
Retirement upon attaining age of seventy-five years. ―
A Senator who is summoned to the Senate after the coming
into force of this subsection shall, subject to this Act,
hold his place in the Senate until he attains the age
of seventy-five years.
30.
Resignation of Place in Senate. ―
A Senator may by Writing under his Hand addressed to the
Governor General resign his Place in the Senate, and Thereupon
the same shall be vacant.
31.
Disqualification of Senators. ―
The Place of a Senator shall become vacant in any of the
following Cases:
(1) If for Two consecutive
Sessions of the Parliament he fails to give his Attendance
in the Senate:
(2) If he takes an
Oath or makes a Declaration or Acknowledgment of Allegiance,
Obedience, or Adherence to a Foreign Power, or does
an Act whereby he becomes a Subject or Citizen, or entitled
to the Rights or Privileges of a Subject or Citizen,
of a Foreign Power:
(3) If he is adjudged
Bankrupt or Insolvent, or applies for the Benefit of
any Law relating to Insolvent Debtors, or becomes a
public Defaulter:
(4) If he is attainted
of Treason or convicted of Felony or of any infamous
Crime:
(5) If he ceases to
be qualified in respect of Property or of Residence;
provided that a Senator shall not be deemed to have
ceased to be qualified in respect of Residence by reason
only of his residing at the Seat of the Government of
Canada while holding an Office under that Government
requiring his Presence there.
32.
Summons on Vacancy in Senate. ―
When a vacancy happens in the Senate by Resignation, Death
or otherwise, the Governor General shall by Summons to
a fit and qualified Person fill the Vacancy.
33.
Questions as to Qualifications and Vacancies in Senate. ― If any Question arises
respecting the Qualification of a Senator or a Vacancy
in the Senate the same shall be heard and determined by
the Senate.
34.
Appointment of Speaker of Senate. ―
The Governor General may from Time to Time, by Instrument
under the Great Seal of Canada, appoint a Senator to be
Speaker of the Senate, and may remove him and appoint
another in his Stead.
35.
Quorum of Senate. ― Until
the Parliament of Canada otherwise provides, the Presence
of at least Fifteen Senators, including the Speaker, shall
be necessary to constitute a Meeting of the Senate for
the Exercise of its Powers.
36.
Voting in Senate. ― Questions
arising in the Senate shall be decided by a Majority of
Voices, and the Speaker shall in all Cases have a Vote
, and when the Voices are equal the Decision shall be
deemed to be in the Negative.
37.
Constitution of House of Commons in Canada. ―
The House of Commons shall, subject to the Provisions of
this Act, consist of three hundred and eight members of
whom one hundred and six shall be elected for Ontario,
seventy-five for Quebec, eleven for Nova Scotia, ten for
New Brunswick, fourteen for Manitoba, thirty-six for
British Columbia, four for Prince Edward Island,
twenty-eight for Alberta, fourteen for Saskatchewan, seven
for Newfoundland, one for the Yukon Territory, one for the
Northwest Territories and one for Nunavut.
38.
Summoning of House of Commons. ―
The Governor General shall from Time to Time, in the Queen's
Name, by Instrument under the Great Seal of Canada, summon
and call together the House of Commons.
39.
Senators not to sit in House of Commons. ―
A Senator shall not be capable of being elected or of
sitting or voting as a Member of the House of Commons.
40.
Electoral Districts of the Four Provinces. ―
Until the Parliament of Canada otherwise provides, Ontario,
Quebec, Nova Scotia and New Brunswick shall, for the Purposes
of the Election of Members to serve in the House of Commons,
be divided into Electoral districts as follows:
1. Ontario
Ontario shall be divided
into the Counties, Ridings of Counties, Cities, Parts
of Cities, and Towns enumerated in the First Schedule
to this Act, each whereof shall be an Electoral District,
each such District as numbered in that Schedule being
entitled to return One Member.
2. Quebec
Quebec shall be divided
into Sixty-five Electoral Districts, composed of the Sixty-five
Electoral Divisions into which Lower Canada is at the
passing of this Act divided under Chapter Two of the Consolidated
Statutes of Canada, Chapter Seventy-five of the Consolidated
Statutes for Lower Canada, and the Act of the Province
of Canada of the Twenty-third Year of the Queen, Chapter
One, or any other Act amending the same in force at the
Union, so that each such Electoral Division shall be for
the Purposes of this Act an Electoral District entitled
to return One Member.
3. Nova
Scotia
Each of the Eighteen
Counties of Nova Scotia shall be an Electoral District.
The County of Halifax shall be entitled to return Two
Members, and each of the other Counties One Member.
4. New
Brunswick
Each of the Fourteen
Counties into which New Brunswick is divided, including
the City and County of St. John shall be an Electoral
District. The City of St. John shall also be a separate
Electoral District. Each of those Fifteen Electoral Districts
shall be entitled to return One Member.
41. Continuance of
existing Election Laws until Parliament of Canada
otherwise provides. ― Until the
Parliament of Canada otherwise provides, all Laws in force
in the several Provinces at the Union relative to the
following Matters or any of them, namely,―the Qualifications
and Disqualifications of Persons to be elected or to sit
or vote as Members of the House of Assembly or the Legislative
Assembly in the several Provinces, the Voters at Elections
of such Members, the Oaths to be taken by Voters, the
Returning Officers, their Powers and Duties, the Proceedings
at Elections, the Periods during which Elections may be
continued, the Trial of controverted Elections, and Proceedings
incident thereto, the vacating of Seats of Members, and
the Execution of new Writs in case of Seats vacated otherwise
than by Dissolution,―shall respectively apply to Elections
of Members to serve in the House of Commons for the same
several Provinces.
Provided that, until
the Parliament of Canada otherwise provides, at any Election
for a Member of the House of Commons for the District
of Algoma, in addition to Persons qualified by the Law
of the Province of Canada to vote, every Male British
Subject, aged Twenty-one Years or upwards, being a Householder,
shall have a Vote.
42.
[Repealed.]
43.
[Repealed.]
44.
As to Election of Speaker of House of Commons. ―
The House of Commons on its first assembling after a General
Election shall proceed with all practicable Speed to select
One of its Members to be Speaker.
45.
As to filling up Vacancy in Office of Speaker. ― In
case of a Vacancy happening in the Office of Speaker by
Death, Resignation, or otherwise, the House of Commons
shall with all practicable Speed proceed to elect another
of its Members to be Speaker.
46.
Speaker to preside. ― The
Speaker shall preside at all Meetings of the House of
Commons.
47.
Provision in case of Absence of Speaker ―
Until the Parliament of Canada otherwise provides, in
case of the Absence for any Reason of the Speaker from
the Chair of the House of Commons for a Period of Forty-eight
consecutive Hours, the House may elect another of its
Members to act as Speaker, and the Member so elected shall
during the Continuance of such Absence of the Speaker
have and execute all the Powers, Privileges, and Duties
of Speaker.
48.
Quorum of House of Commons. ―
The Presence of at least Twenty Members of the House of
Commons shall be necessary to constitute a Meeting of
the House for the Exercise of its Powers, and for that
Purpose the Speaker shall be reckoned as a Member.
49.
Voting in House of Commons. ―
Questions arising in the House of Commons shall be decided
by a Majority of Voices other than that of the Speaker,
and when the Voices are equal, but not otherwise, the
Speaker shall have a Vote.
50.
Duration of House of Commons. ―
Every House of Commons shall continue for Five Years from
the Day of the Return of the Writs for choosing the House
(subject to be sooner dissolved by the Governor General),
and no longer.
51.
(1) Readjustment of
representation in Commons. ―
The number of members of the House of Commons and the
representation of the provinces therein shall, on the
completion of each decennial census, be readjusted by such
authority, in such manner, and from such time as the
Parliament of Canada provides from time to time, subject
and according to the following rules:
1. Rules.
There shall assigned to each of the provinces a number
of members equal to the number obtained by dividing
the total population of the population of the provinces
by two hundred and seventy-nine and by dividing the
population of each province by the quotient so obtained,
counting any remainder in excess of 0.50 as one after
the said process of division.
2.
If the number of members assigned to a province by the
application of rule 1 and section 51A is less than the
total number assigned to that province on the date of
the coming into force of the
Constitution Act, 1985
(Representation), there shall be added to the
number of members so assigned such number of members as
will result in the province having the same number of
members as were assigned on that date.
3. After the
application of rules 1 and 2 and section 51A, there
shall, in respect of each province that meets the
condition set out in rule 4, be added, if necessary, a
number of members such that, on the completion of the
readjustment, the number obtained by dividing the number
of members assigned to that province by the total number
of members assigned to all the provinces is as close as
possible to, without being below, the number obtained by
dividing the population of that province by the total
population of all the provinces.
4. Rule 3
applies to a province if, on the completion of the
preceding readjustment, the number obtained by dividing
the number of members assigned to that province by the
total number of members assigned to all the provinces
was equal to or greater than the number obtained by
dividing the population of that province by the total
population of all the provinces, the population of each
province being its population as at July 1 of the year
of the decennial census that preceded that readjustment
according to the estimates prepared for the purpose of
that readjustment.
5. Unless the
context indicates otherwise, in these rules, the
population of a province is the estimate of its
population as at July 1 of the year of the most recent
decennial census.
6. In these
rules, “electoral
quotient” means
(a)111,166,
in relation to the readjustment following the completion
of the 2011 decennial census, and
(b)in
relation to the readjustment following the completion of
any subsequent decennial census, the number obtained by
multiplying the electoral quotient that was applied in
the preceding readjustment by the number that is the
average of the numbers obtained by dividing the
population of each province by the population of the
province as at July 1 of the year of the preceding
decennial census according to the estimates prepared for
the purpose of the preceding readjustment, and rounding
up any fractional remainder of that multiplication to
one.
(2)
Yukon Territory, Northwest
Territories and Nunavut. ―
The Yukon Territory as bounded and described in the
schedule to chapter Y-2 of the Revised Statutes of Canada,
1985, shall be entitled to one member, the Northwest
Territories as bounded and described in section 2 of
chapter N-27 of the Revised Statutes of Canada, 1985, as
amended by section 77 of chapter 28 of the Statutes of
Canada, 1993, shall be entitled to one member, and Nunavut
as bounded and described in section 3 of chapter 28 of the
Statutes of Canada, 1993, shall be entitled to one member.
51A.
Constitution of House of Commons. ― Notwithstanding
anything in this Act a province shall always be entitled
to a number of members in the House of Commons not less
than the number of senators representing such province.
52.
Increase of Number of House of Commons. ―
The Number of Members of the House of Commons may be from
Time to Time increased by the Parliament of Canada, provided
the proportionate Representation of the Provinces prescribed
by this Act is not thereby disturbed.
53.
Appropriation and Tax Bills. ―
Bills for appropriating any Part of the Public Revenue,
or for imposing any Tax or Impost, shall originate in
the House of Commons.
54.
Recommendation of Money Votes. ―
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.
55.
Royal Assent to Bills, etc. ―
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.
56.
Disallowance by Order in Council of Act assented to by
Governor General. ― 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 Her Majesty's Principal Secretaries
of State, and if the Queen in Council within Two Years
after the Receipt thereof by the Secretary of State thinks
fit to disallow the Act, such Disallowance (with a Certificate
of the Secretary of State of the Day on which the Act
was received by him) being signified by the Governor General,
by Speech or Message to each of the Houses of the Parliament
or by Proclamation, shall annul the Act from and after
the Day of Such Signification.
57.
Signification of Queen's Pleasure on Bill reserved. ―
A Bill reserved for the Signification of the Queen's Pleasure
shall not have any Force unless and until, within Two
Years from the Day on which it was presented to the Governor
General for the Queen's Assent, the Governor General signifies,
by Speech or Message to each of the Houses of the Parliament
or by Proclamation, that it has received the Assent of
the Queen in Council.
An Entry of every such
Speech, Message, or Proclamation shall be made in the
Journal of each House, and a Duplicate thereof duly attested
shall be delivered to the proper Officer to be kept among
the Records of Canada.
58.
Appointment of Lieutenant Governors of Provinces. ―
For each Province there shall be an Officer, styled the
Lieutenant Governor, appointed by the Governor General
in Council by Instrument under the Great Seal of Canada.
59.
Tenure of office of Lieutenant Governor. ―
A Lieutenant Governor shall hold Office during the Pleasure
of the Governor General; but any Lieutenant Governor appointed
after the Commencement of the First Session of the Parliament
of Canada shall not be removable Within Five Years of
his Appointment, except for Cause assigned, which shall
be communicated to him in Writing within One Month after
the Order for his Removal is made, and shall be communicated
by Message to the Senate and to the House of Commons within
One Week thereafter if the Parliament is then sitting,
and if not then within One Week after the Commencement
of the next Session of the Parliament.
60.
Salaries of Lieutenant Governors. ―
The Salaries of the Lieutenant Governors shall be fixed
and provided for by the Parliament of Canada.
61.
Oaths, etc., of Lieutenant Governor. ―
Every Lieutenant Governor shall, before assuming the Duties
of his Office, make and subscribe before the Governor
General or some Person authorized by him Oaths of Allegiance
and Office similar to those taken by the Governor General.
62.
Application of Provisions referring to Lieutenant
Governor. ― The Provisions of this
Act referring to the Lieutenant Governor extend and apply
to the Lieutenant Governor for the Time being of each
Province, or other the Chief Executive Officer or Administrator
for the Time being carrying on the Government of the Province,
by whatever Title he is designated.
63.
Appointment of Executive Officers for Ontario and Quebec.
― The Executive Council
of Ontario and of Quebec shall be composed of such Person
as the Lieutenant Governor from Time to Time thinks fit,
and in the first instance of the following Officers, namely,―the
Attorney General, the Secretary and Registrar of the Province,
the Treasurer of the Province, the Commissioner of Crown
Lands, and the Commissioner of Agriculture and Public
Works, with in Quebec, the Speaker of the Legislative
Council and the Solicitor General.
64.
Executive Government of Nova Scotia and New Brunswick. ― The Constitution of the
Executive Authority in each of the Provinces of Nova Scotia
and New Brunswick shall, subject to the Provisions of
this Act, continue as it exists at the Union until altered
under the Authority of this Act.
65.
Powers to be exercised by Lieutenant Governor of Ontario
or Quebec with Advice, or alone. ―
All Powers, Authorities, and Functions which under any
Act of the Parliament of Great Britain, or of the Parliament
of the United Kingdom of Great Britain and Ireland, or
of the Legislature of Upper Canada, Lower Canada, or Canada,
were or are before or at the Union vested in or exerciseable
by the respective Governors or Lieutenant Governors of
those Provinces, with the Advice or Consent of the respective
Executive Councils thereof, or in conjunction with those
Councils, or with any Number of Members thereof, or by
those Governors or Lieutenant Governors individually,
shall, as far as the same are capable of being exercised
after the Union in relation to the Government of Ontario
and Quebec respectively, with the Advice or with the Advice
and Consent of or in conjunction with the respective Executive
Councils, or any Members thereof, or by the Lieutenant
Governor individually, as the Case requires, subject nevertheless
(except with respect to such as exist under Acts of the
Parliament of Great Britain, or of the Parliament of the
United Kingdom of Great Britain and Ireland,) to be abolished
or altered by the respective Legislatures of Ontario and
Quebec.
66.
Application of provisions referring to Lieutenant Governor
in Council. ― The Provisions
of this Act referring to the Lieutenant Governor in Council
shall be construed as referring to the Lieutenant Governor
of the Province acting by and with the Advice the Executive
Council thereof.
67.
Administration in Absence, etc., of Lieutenant Governor. ― The Governor General
in Council may from Time to Time appoint an Administrator
to execute the office and Functions of Lieutenant Governor
during his Absence, Illness, or other Inability.
68.
Seats of Provincial Governments. ―
Unless and Until the Executive Government of any Province
otherwise directs with respect to that Province, the Seats
of Government of the Provinces shall be as follows, namely,―of
Ontario, the City of Toronto; of Quebec, the City of Quebec;
of Nova Scotia, the City of Halifax; and of New Brunswick,
the City of Fredericton.
69.
Legislature for Ontario. ―
There shall be a Legislature for Ontario consisting of
the Lieutenant Governor and of One House, styled the Legislative
Assembly of Ontario.
70.
Electoral districts. ―
The Legislative Assembly of Ontario shall be composed
of Eighty-two Members, to be elected to represent the
Eighty-two Electoral Districts set forth in the First
Schedule to this Act.
2. QUEBEC
71.
Legislature for Quebec. ―
There shall be a Legislature for Quebec consisting of
the Lieutenant Governor and of Two Houses, styled the
Legislative Council of Quebec and the Legislative Assembly
of Quebec.
72.
Constitution of Legislative Council. ―
The Legislative Council of Quebec shall be composed of
Twenty-four Members, to be appointed by the Lieutenant
Governor, in the Queen's Name, by Instrument under the
Great Seal of Quebec, One being appointed to represent
each of the Twenty-four Electoral Divisions of Lower Canada
in this Act referred to, and each holding Office for the
Term of his Life, unless the Legislature of Quebec otherwise
provides under the Provisions of this Act.
73.
Qualification of Legislative Councillors. ―
The Qualifications of the Legislative Councillors of Quebec
shall be the same as those of the Senators for Quebec.
74.
Resignation, Disqualification, etc. ―
The Place of a Legislative Councillor of Quebec shall
become vacant in the Cases, mutatis mutandis, in which
the Place of Senator becomes vacant.
75.
Vacancies. ― When a Vacancy
happens in the Legislative Council of Quebec by Resignation,
Death, or otherwise, the Lieutenant Governor, in the Queen's
Name, by Instrument under the Great Seal of Quebec, shall
appoint a fit and qualified Person to fill the Vacancy.
76.
Questions as to Vacancies, etc. ―
If any Question arises respecting the Qualification of
a Legislative Councillor of Quebec, or a Vacancy in the
Legislative Council of Quebec, the same shall be heard
and determined by the Legislative Council.
77.
Speaker of Legislative Council. ―
The Lieutenant Governor may from Time to Time, by Instrument
under the Great Seal of Quebec, appoint a Member of the
Legislative Council of Quebec to be Speaker thereof, and
may remove him and appoint another in his Stead.
78.
Quorum of Legislative Council. ―
Until the Legislature of Quebec otherwise provides, the
Presence of at least Ten Members of the Legislative Council,
including the Speaker, shall be necessary to constitute
a Meeting for the Exercise of its Powers.
79.
Voting in Legislative Council. ―
Questions arising in the Legislative Council of Quebec
shall be decided by a Majority of Voices, and the Speaker
shall in all Cases have a Vote, and when the Voices are
equal the Decision shall be deemed to be in the Negative.
80.
Constitution of Legislative Assembly of Quebec. ―
The Legislative Assembly of Quebec shall be composed of
Sixty- five Members, to be elected to represent the Sixty-five
Electoral Divisions or Districts of Lower Canada in this
Act referred to, subject to Alteration thereof by the
Legislature of Quebec: Provided that it shall not be lawful
to present to the Lieutenant Governor of Quebec for Assent
any Bill for altering the Limits of any of the Electoral
Divisions or Districts mentioned in the Second Schedule
to this Act, unless the Second and Third Readings of such
Bill have been passed in the Legislative Assembly with
the Concurrence of the Majority of the Members representing
all those Electoral Divisions or Districts, and the Assent
shall not be given to such Bill unless an Address has
been presented by the Legislative Assembly to the Lieutenant
Governor stating that it has been so passed.
3. ONTARIO AND QUEBEC
81.
[Repealed.]
82.
Summoning of Legislative Assemblies. ―
The Lieutenant Governor of Ontario and of Quebec shall
from Time to Time, in the Queen's Name, by Instrument
under the Great Seal of the Province, summon and call
together the Legislative Assembly of the Province.
83.
Restriction on election of Holders of offices. ―
Until the Legislature of Ontario or of Quebec otherwise
provides, a Person accepting or holding in Ontario or
in Quebec any Office, Commission, or Employment, permanent
or temporary, at the Nomination of the Lieutenant Governor,
to which annual Salary, or Fee, Allowance, Emolument,
or Profit of any Kind or Amount whatever from the Province
is attached, shall not be eligible as a Member of the
Legislative Assembly of the respective Province, nor shall
he sit or vote as such; but nothing in this Section shall
make ineligible any Person being a member of the Executive
Council of the respective Province, or holding any of
the following Offices, that is to say, the Offices of
Attorney General, Secretary and Registrar of the Province,
Treasurer of the Province, Commissioner of Crown Lands,
and Commissioner of Agriculture and Public Works, and
in Quebec Solicitor General, or shall disqualify him to
sit or vote in the House for which he is elected, provided
he is elected while holding such Office.
84.
Continuance of existing Election Laws. ―
Until the Legislatures of Ontario and Quebec respectively
otherwise provide, all Laws which at the Union are in
force in those Provinces respectively, relative to the
following Matters, or any of them, namely, ― the Qualifications
and Disqualifications of Persons to be elected or to sit
or vote as Members of the Assembly of Canada, the Qualifications
and Disqualifications of Voters, the Oaths to be taken
by Voters, the Returning Officers, their Powers and Duties,
the Proceedings at Elections, the Periods during which
such Elections may be continued, and the Trial of controverted
Elections and the Proceedings incident thereto, the vacating
of Seats of Members and the issuing and execution of new
Writs in case of Seats vacated otherwise than by Dissolution,
― shall respectively apply to Elections of Members to
serve in the respective Legislative Assemblies of Ontario
and Quebec.
Provided that, until
the Legislature of Ontario otherwise provides, at any
Election for a Member of the Legislative Assembly of Ontario
for the District of Algoma, in addition to Persons qualified
by the Law of the Province of Canada to vote, every male
British Subject, aged Twenty-one Years or upwards, being
a Householder, shall have a vote.
85.
Duration of Legislative Assemblies. ―
Every Legislative Assembly of Ontario and every Legislative
Assembly of Quebec shall continue for Four Years from
the Day of the Return of the Writs for choosing the same
(subject nevertheless to either the Legislative Assembly
of Ontario or the Legislative Assembly of Quebec being
sooner dissolved by the Lieutenant Governor of the Province),
and no longer.
86.
Yearly Session of Legislature. ―
There shall be a Session of the Legislature of Ontario
and of that of Quebec once at least in every Year, so
that Twelve Months shall not intervene between the last
Sitting of the Legislature in each Province in one Session
and its first Sitting in the next Session.
87.
Speaker, Quorum, etc. ―
The following Provisions of this Act respecting the House
of Commons of Canada shall extend and apply to the Legislative
Assemblies of Ontario and Quebec, that is to say, ― the
Provisions relating to the Election of a Speaker originally
and on Vacancies, the Duties of Speaker, the Absence of
the Speaker, the Quorum, and the Mode of voting, as if
those Provisions were here re-enacted and made applicable
in Terms to each such Legislative Assembly.
4. NOVA SCOTIA AND NEW
BRUNSWICK
88.
Constitutions of Legislatures of Nova Scotia and New
Brunswick. ―
The Constitution of the Legislature of each of the Provinces
of Nova Scotia and New Brunswick shall, subject to the
Provision of this Act, continue as it exists at the Union
until altered under the Authority of this Act.
5. ONTARIO, QUEBEC, AND
NOVA SCOTIA
89.
[Repealed.]
6. THE FOUR PROVINCES
90.
Application to Legislatures of Provisions respecting Money
Votes, etc. ― The following Provisions
of this Act respecting the Parliament of Canada, namely,―
the Provisions relating to Appropriation and Tax Bills,
the Recommendation of Money Votes, the Assent to Bills,
the Disallowance of Acts, and the Signification of Pleasure
on Bills reserved,―shall extend and apply to the Legislatures
of the several Provinces as if those Provisions were here
re-enacted and made applicable in Terms to the respective
Provinces and the Legislatures thereof, with the Substitution
of the Lieutenant Governor of the Province for the Governor
General, of the Governor General for the Queen and for
a Secretary of State, of One Year for Two Years, and of
the Province for Canada.
91.
Legislative Authority of Parliament of Canada. ―
It shall be lawful for the Queen,
by and with the Advice and Consent of the Senate and House
of Commons, to make laws for the Peace, Order,
and good Government of Canada, in relation to all Matters
not coming within the
Classes of Subjects by this Act assigned exclusively to
the Legislatures of the Provinces; and for greater
Certainty, but not so as to restrict the Generality of the
foregoing Terms of this Section, it is hereby declared
that (notwithstanding anything in this Act) the exclusive
Legislative Authority of the Parliament of Canada extends
to all Matters coming within the Classes of Subjects next
hereinafter enumerated; that is to say,―
1. [Repealed.]
1A. The Public Debt
and Property.
2. The Regulation
of Trade and Commerce.
2A. Unemployment insurance.
3. The raising of
Money by any Mode or System of Taxation.
4. The borrowing of
Money on the Public Credit.
5. Postal Service.
6. The Census and
Statistics.
7. Militia, Military
and Naval Service, and Defence.
8. The fixing of and
providing for the Salaries and Allowances of Civil and
other Officers of the Government of Canada.
9. Beacons, Buoys,
Lighthouses, and Sable Island.
10. Navigation and
Shipping.
11. Quarantine and
the Establishment and Maintenance of Marine Hospitals.
12. Sea Coast and
Inland Fisheries.
13. Ferries between
a Province and any British or Foreign Country or between
Two Provinces.
14. Currency and Coinage.
15. Banking, Incorporation
of Banks, and the Issue of Paper Money.
16. Savings Banks.
17. Weights and Measures.
18. Bills of Exchange
and Promissory Notes.
19. Interest.
20. Legal Tender.
21. Bankruptcy and
Insolvency.
22. Patents of Invention
and Discovery.
23. Copyrights.
24. Indians, and Lands
reserved for the Indians.
25. Naturalization
and Aliens.
26. Marriage and Divorce.
27.
The Criminal Law, except
the Constitution of Courts of Criminal Jurisdiction,
but including the Procedure in Criminal Matters.
28. The Establishment,
Maintenance, and Management of Penitentiaries.
29. Such Classes of
Subjects as are expressly excepted in the Enumeration
of the Classes of Subjects by this Act assigned exclusively
to the Legislatures of the Provinces.
And any Matter coming
within any of the Classes of Subjects enumerated in this
section shall not be deemed to come within the Class of
Matters of a local or private Nature comprised in the
Enumeration of the Classes of Subjects by this Act assigned
exclusively to the Legislatures of the Provinces.
92.
Subjects of exclusive Provincial Legislation. ―
In each Province the Legislature may exclusively
make Laws in relation to Matters coming within the Classes
of Subject next hereinafter enumerated; that is to say,―
1. [Repealed.]
2.
Direct Taxation within the Province
in order to the raising of a Revenue for Provincial
Purposes.
3. The borrowing of
Money on the sole Credit of the Province.
4.
The Establishment and Tenure of Provincial Offices and
the Appointment and Payment of
Provincial Officers.
5. The Management
and Sale of the Public Lands belonging to the Province
and of the Timber and Wood thereon.
6. The Establishment,
Maintenance, and Management of Public and Reformatory
Prisons in and for the Province.
9. Shop, Saloon, Tavern,
Auctioneer, and other Licences in order to the raising
of a Revenue for Provincial, Local, or Municipal Purposes.
10. Local Works and
Undertakings other than such as are of the following
Classes:―
(a)
Lines of Steam or other Ships, Railways, Canals, and
other Works and Undertakings connecting the Province
with any other or others of the Provinces, or extending
beyond the Limits of the Province;
(b)
Lines of Steam Ships between the Province and any
British or Foreign Country;
(c)
Such Works as, although wholly situate within the
Province, are before or after the Execution declared
by the Parliament of Canada to be for the general
Advantage of Canada or for the Advantage of Two or
more of the Provinces.
11. The Incorporation
of Companies with Provincial Objects.
12. The Solemnization
of Marriage in the Province.
14. The Administration
of Justice in the Province, including the Constitution,
Maintenance, and Organization of Provincial Courts,
both of Civil and of Criminal Jurisdiction, and including
Procedure in Civil Matters in those Courts.
15. The Imposition
of Punishment by Fine, Penalty, or Imprisonment for
enforcing any Law of the Province made in relation to
any Matter coming within any of the Classes of Subjects
enumerated in this Section.
16. Generally all
Matters of a merely local or private Nature in the Province.
92A.
(1) Laws respecting
non-renewable natural resources, forestry resources and
electrical energy. ― In each province, the
legislature may exclusively
make laws in relation to
(a)
exploration for non-renewable natural resources in the
province;
(b)
development, conservation and management of non-renewable
resources natural resources and forestry resources in
the province, including laws in relation to the rate
of primary production therefrom; and
(c)
development, conservation and management of sites and
facilities in the province for the generation and production
of electrical energy.
(2) In each province,
the legislature may make laws in relation to the export
from the province to another part of Canada of the primary
production from non-renewable natural resources and forestry
resources in the province and the production from facilities
in the province for the generation of electrical energy,
but such laws may not authorize or provide for discrimination
in prices or in supplies exported to another part of Canada.
(3) Nothing in subsection
(2) derogates from the authority of Parliament to enact
laws in relation to the matters referred to in that subsection
and, where such a law of Parliament and a law of a province
conflict, the law of Parliament prevails to the extent
of the conflict.
(4) In each province,
the legislature may make laws in relation to the raising
of money by any mode or system of taxation in respect
of
(a)
non-renewable natural resources and forestry resources
in the province and the primary production therefrom,
and
(b)
sites and facilities in the province for the generation
of electrical energy and the production therefrom,
whether or not such
production is exported in whole or in part from the province,
but such laws may not authorize or provide for taxation
that differentiates between production exported to another
part of Canada and production not exported from the province.
(5) The expression "primary
production" has the meaning assigned by the Sixth
Schedule.
(6) Nothing in subsections
(1) to (5) derogates from any power or rights that a legislature
or government of a province had immediately before the
coming into force of this section.
93.
Legislation respecting Education. ―
In and for each Province the Legislature may exclusively
make Laws in relation to Education, subject and according
to the following Provisions:―
(1) Nothing in any such
Law shall prejudicially affect any Right or Privilege
with respect to Denominational Schools which any Class
of Persons have by Law in the Province at the Union:
(2) All the Powers,
Privileges and Duties at the Union by Law conferred and
imposed in Upper Canada on the Separate Schools and School
Trustees of the Queen's Roman Catholic Subjects shall
be and the same are hereby extended to the Dissentient
Schools of the Queen's Protestant and Roman Catholic Subjects
in Quebec:
(3) Where in any Province
a System of Separate or Dissentient Schools exists by
Law at the Union or is thereafter established by the Legislature
of the Province, an Appeal shall lie to the Governor General
in Council from any Act or Decision of any Provincial
Authority affecting any Right or Privilege of the Protestant
or Roman Catholic Minority of the Queen's Subjects in
relation to Education:
(4) In case any such
Provincial Law as from Time to Time seems to the Governor
General in Council requisite for the 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 as the Circumstances of each Case
require, the Parliament of Canada may make remedial Laws
for the due Execution of the Provisions of this Section
and of any Decision of the Governor General in Council
under this Section.
94.
Legislation for Uniformity of Laws in Three Provinces. ―
Notwithstanding anything in this Act, the Parliament of
Canada may make Provision for the Uniformity of all or
any of the Laws relative to Property and Civil Rights
in Ontario, Nova Scotia, and New Brunswick, and of the
Procedure of all or any of the Courts in Those Three Provinces,
and from and after the passing of any Act in that Behalf
the Power of the Parliament of Canada to make Laws in
relation to any Matter comprised in any such Act shall,
notwithstanding anything in this Act, be unrestricted;
but any Act of the Parliament of Canada making Provision
for such Uniformity shall not have effect in any Province
unless and until it is adopted and enacted as Law by the
Legislature thereof.
94A.
Legislation respecting old age pensions and supplementary
benefits. ― The Parliament of Canada
may make laws in relation to old age pensions and supplementary
benefits, including survivors, and disability benefits
irrespective of age, but no such law shall affect the
operation of any law present or future of a provincial
legislature in relation to any such matters.
95.
Concurrent Powers of Legislation respecting Agriculture,
etc. ―
In each Province the Legislature may make Laws in relation
to Agriculture in the Province, and to Immigration into
the Province; and it is hereby declared that the Parliament
of Canada may from Time to Time Make Laws in relation
to Agriculture in all or any of the Provinces, and to
Immigration into all or any of the Provinces; and any
Law of the Legislature of a Province relative to Agriculture
or to Immigration shall have effect in and for the Province
as long and as far as it is not repugnant to any Act of
the Parliament of Canada.
96.Appointment of Judges. ―
The Governor General shall appoint
the Judges of the Superior, District, and County Courts
in each Province, except those of the Courts of Probate
in Nova Scotia and New Brunswick.
97.
Selection of Judges in Ontario, etc. ―
Until the laws relative to Property and Civil Rights in
Ontario, Nova Scotia, and New Brunswick, and the Procedure
of the Courts in those Provinces, are made uniform, the
Judges of the Courts of those Provinces appointed by the
Governor General shall be selected from the respective
Bars of those Provinces.
98.
Selection of Judges in Quebec. ―
The Judges of the Courts of Quebec shall be selected from
the Bar of that Province.
99.
(1) Tenure of office of
judges. ― Subject to subsection
two of this section, the Judges of the Superior Courts shall
hold office during good behaviour, but shall be removable
by the Governor General on Address of the Senate and House
of Commons.
(2) A Judge of a Superior
Court, whether appointed before or after the coming into
force of this section, shall cease to hold office upon
attaining the age of seventy-five years, or upon the coming
into force of this section if at that time he has already
attained that age.
100.
Salaries, etc., of Judges. ― The
Salaries, Allowances, and Pensions of the Judges of the
Superior, District, and County Courts (except the Courts
of Probate in Nova Scotia and New Brunswick), and of the
Admiralty Courts in Cases where the Judges thereof are
being paid by Salary, shall be fixed and provided by the
Parliament of Canada.
101.
General Court of Appeal, etc. ―
The Parliament of Canada may, notwithstanding anything
in this Act, from Time to Time provide for the Constitution,
Maintenance, and Organization of a General Court of Appeal
for Canada, and for the Establishment of any additional
Courts for the better Administration of the Laws of Canada.
102.
Creation of Consolidated Revenue Fund. ―
All Duties and Revenues over which the respective Legislatures
of Canada, Nova Scotia, and New Brunswick before and at
the Union had and have Power of Appropriation, except
such Portions thereof as are by this Act reserved to the
respective Legislatures of the Provinces, or are raised
by them in accordance with the special Powers conferred
on them by this Act, shall form One Consolidated Revenue
Fund, to be appropriated for the Public Service of Canada
in the Manner and subject to the Charges of this Act provided.
103.
Expenses of Collection, etc. ― The
Consolidated Revenue Fund of Canada shall be permanently
charged with the Costs, Charges, and Expenses incident
to the Collection, Management, and Receipt thereof, and
the same shall form the First Charge thereon, subject
to be reviewed and audited in such Manner as shall be
ordered by the Governor General in Council until the Parliament
otherwise provides.
104.
Interest of Provincial Public Debts. ―
The annual Interest of the Public Debts of the several
Provinces of Canada, Nova Scotia, and New Brunswick at
the Union shall form the Second Charge on the Consolidated
Revenue Fund of Canada.
105.
Salary of Governor General. ―
Unless altered by the Parliament of Canada, the Salary
of the Governor General shall be Ten thousand Pounds Sterling
Money of the United Kingdom of Great Britain and Ireland,
payable out of the Consolidated Revenue Fund of Canada,
and the same shall form the Third Charge thereon.
106.
Appropriation from Time to Time. ― Subject
to the several Payments by this Act charged on the Consolidated
Revenue Fund of Canada, the same shall be appropriated
by the Parliament of Canada for the Public Service.
107.
Transfer of Stocks, etc. ― All Stocks,
Cash, Banker's Balances, and Securities for Money belonging
to each Province at the Time of the Union, except as in
this Act mentioned, shall be the Property of Canada, and
shall be taken in Reduction of the Amount of the respective
Debts of the Provinces at the Union.
108.
Transfer of Property in Schedule. ―
The Public Works and Property of each Province, enumerated
in the Third Schedule to this Act, shall be the Property
of Canada.
109.
Property in Lands, Mines, etc. ―
All Lands, Mines, Minerals, and Royalties belonging to
the several Provinces of Canada, Nova Scotia, and New
Brunswick at the Union, and all Sums then due or payable
for such Lands, Mines, Minerals, or Royalties, shall belong
to the several Provinces of Ontario, Quebec, Nova Scotia,
and New Brunswick in which the same are situate or arise,
subject to any Trusts existing in respect thereof, and
to any Interest other than that of the Province in the
same.
110.
Assets connected with Provincial Debts. ―
All Assets connected with such Portions of the Public
Debt of each Province as are assumed by that Province
shall belong to that Province.
111.
Canada to be liable for Provincial Debts. ―
Canada shall be liable for the Debts and Liabilities of
each Province existing at the Union.
112.
Debts of Ontario and Quebec. ―
Ontario and Quebec conjointly shall be liable to Canada
for the Amount (if any) by which the Debt of the Province
of Canada exceeds at the Union Sixty-two million five
hundred thousand Dollars, and shall be charged with Interest
at the Rate of Five Per Centum per Annum thereon.
113.
Assets of Ontario and Quebec. ―
The Assets enumerated in the Fourth Schedule to this Act
belonging at the Union to the Province of Canada shall
be the Property of Ontario and Quebec conjointly.
114.
Debt of Nova Scotia. ― Nova
Scotia shall be liable to Canada for the Amount (if any)
by which its Public Debt exceeds at the Union Eight million
Dollars, and shall be charged with Interest at the Rate
of Five per Centum per Annum thereon.
115.
Debt of New Brunswick. ― New
Brunswick shall be liable to Canada for the Amount (if
any) by which its Public Debt exceeds at the Union Seven
million Dollars, and shall be charged with Interest at
the Rate of Five per Centum per Annum thereon.
116.
Payment of interest to Nova Scotia and New Brunswick. ― In case the Public Debts
of Nova Scotia and New Brunswick do not at the Union amount
to Eight million and Seven million Dollars respectively,
they shall respectively receive by half-yearly Payments
in advance from the Government of Canada Interest at Five
per Centum per Annum on the Difference between the actual
Amounts of their respective Debts and such stipulated
Amounts.
117.
Provincial Public Property. ― The
several Provinces shall retain all their respective Public
Property not otherwise disposed of in this Act, subject
to the Right of Canada to assume any Lands or Public Property
required for Fortifications or for the Defence of the
Country.
118.
[Repealed.]
119.
Further Grant to New Brunswick. ―
New Brunswick shall receive by half-yearly Payments in
advance from Canada for the Period of Ten Years from the
Union an additional Allowance of Sixty-three thousand
Dollars per Annum; but as long as the Public Debt of that
Province remains under Seven million Dollars, a Deduction
equal to the Interest at Five per Centum per Annum on
such Deficiency shall be made from that Allowance of Sixty-three
thousand Dollars.
120.
Form of Payments. ― All Payments
to be made under this Act, or in discharge of Liabilities
created under any Act of the Provinces of Canada, Nova
Scotia, and New Brunswick respectively, and assumed by
Canada, shall, until the Parliament of Canada otherwise
directs, be made in such Form and Manner as may be from
Time to Time be ordered by the Governor General in Council.
121.
Canadian manufactures, etc. ― All
Articles of the Growth, Produce, or Manufacture of any
one of the Provinces shall, from and after the Union,
be admitted free into each of the other Provinces.
122.
Continuance of Customs and Excise Laws. ―
The Customs and Excise Laws of each Province shall, subject
to the provisions of this Act, continue in force until
altered by the Parliament of Canada.
123.
Exportation and Importation as between Two Provinces. ―
Where Customs Duties are, at the Union, leviable on any
Goods, Wares, or Merchandises in any Two Provinces, those
Goods, Wares, or Merchandises may, from and after the
Union, be imported from one of those Provinces into the
other of them on Proof of Payment of the Customs Duty
leviable thereon in the Province of Exportation, and on
Payment of such further Amount (if any) of Customs Duty
as is leviable thereon in the Province of Importation.
124.
Lumber Dues in New Brunswick. ―
Nothing in this Act shall affect the Right of New Brunswick
to levy the Lumber Dues provided in Chapter Fifteen of
Title Three of the Revised Statutes of New Brunswick,
or in any Act amending that Act before or after the Union,
and not increasing the Amount of such Dues; but the Lumber
of any of the Provinces other than New Brunswick shall
not be subject to such Dues.
125.
Exemption of Public Lands, etc. ―
No Lands or Property belonging to Canada or any Province
shall be liable to Taxation.
126.
Provincial Consolidated Revenue Fund. ―
Such Portions of the Duties and Revenues over which the
respective Legislatures of Canada, Nova Scotia, and New
Brunswick had before the Union Power of Appropriation
as are by this Act reserved to the respective Governments
or Legislatures of the Provinces, and all Duties and Revenues
raised by them in accordance with the special Powers conferred
upon them by this Act, shall in each Province form One
Consolidated Revenue Fund to be appropriated for the Public
Service of the Province.
128.
Oath of Allegiance, etc. ― Every
Member of the Senate or House of Commons of Canada shall
before taking his Seat therein take and subscribe before
the Governor General or some Person Authorized by him,
and every Member of a Legislative Council or Legislative
Assembly of any Province shall before taking his Seat
therein take and subscribe before the Lieutenant Governor
of the Province or some Person authorized by him, the
Oath of Allegiance contained in the Fifth Schedule to
this Act; and every Member of the Senate of Canada and
every Member of the Legislative Council of Quebec shall
also, before taking his Seat therein, take and subscribe
before the Governor General, or some other Person authorized
by him, the Declaration of Qualification contained in
the same Schedule.
129.
Continuance of existing Laws, Courts, Officers, etc. ―
Except as otherwise provided by this Act, all Laws in
force in Canada, Nova Scotia, or New Brunswick at the
Union, and all Courts of Civil and Criminal Jurisdiction,
and all legal Commissions, Powers, and Authorities, and
all Officers, Judicial, Administrative, and Ministerial,
existing therein at the Union, shall continue in Ontario,
Quebec, Nova Scotia, and New Brunswick respectively, as
if the Union had not been made; subject nevertheless (except
with respect to such as are enacted by or exist under
Acts of the Parliament of Great Britain or of the Parliament
of the United Kingdom of Great Britain and Ireland), to
be repealed, abolished, or altered by the Parliament of
Canada, or by the Legislature of the respective Provinces,
according to the Authority of the Parliament or of that
Legislature under this Act.
130.
Transfer of Officers to Canada. ―
Until the Parliament of Canada otherwise provides, all
Officers of the several Provinces having Duties to discharge
in relation to Matters other than those coming within
the Classes of Subjects by this Act assigned exclusively
to the Legislature of the Provinces shall be Officers
of Canada, and shall continue to discharge the Duties
of their respective Offices under the same Liabilities,
Responsibilities, and Penalties as if the Union had not
been made.
131.
Appointment of new Officers. ― Until
the Parliament of Canada otherwise provides, the Governor
General in Council may from Time to Time such Officers
as the Governor General in Council deems necessary for
the Effectual Execution of this Act.
132.
Treaty Obligations. ― The Parliament
and Government of Canada shall have all Powers necessary
or Proper for performing the Obligations of Canada or
of any Province thereof, as Part of the British Empire,
towards Foreign Countries, arising under Treaties between
the Empire and such Foreign Countries.
133.
Use of English and French Languages. ―
Either the English or the French Language may be used
by any Person in the Debates of the Houses of the Parliament
of Canada and of the Houses of the Legislature of Quebec;
and both those Languages shall be used in the respective
Records and Journals of those Houses; and either of those
Languages may be used by any Person or in any Pleading
or Process in or issuing from any Court of Canada established
under this Act, and in or from all or any of the Courts
of Quebec.
The Acts of the Parliament
of Canada and of the Legislature of Quebec shall be printed
and published in both those Languages.
134.
Appointment of Executive Officers for Ontario and Quebec.
―
Until the Legislature of Ontario or of Quebec otherwise
provides, the Lieutenant Governors of Ontario and Quebec
may each appoint under the Great Seal of the Province
the following Officers, to hold Office during Pleasure,
that is to say, ― the Attorney General, the Secretary
and Registrar of the Province, the Treasurer of the Province,
the Commissioner of Crown Lands, and the Commissioner
of Agriculture and Public Works, and in the Case of Quebec
the Solicitor General, and may, by Order of the Lieutenant
Governor in Council, from Time to Time prescribe the Duties
of those Officers, and of the several Departments over
which they shall preside or to which they shall belong,
and of the Officers and Clerks thereof, and may also appoint
other and additional Officers to hold Office during Pleasure,
and may from Time to Time prescribe the Duties of those
Officers, and of the several Departments over which they
shall preside or to which they shall belong, and of the
Officers and Clerks thereof.
135.
Powers, Duties, etc. of Executive Officers. ―
Until the Legislature of Ontario or Quebec otherwise provides,
all Rights, Powers, Duties, Functions, Responsibilities,
or Authorities at the passing of this Act vested in or
imposed on the Attorney General, Solicitor General, Secretary
and Registrar of the Province of Canada, Minister of Finance,
Commissioner of Crown Lands, Commissioner of Public Works,
and the Minister of Agriculture and Receiver General,
by any Law, Statute, or Ordinance of Upper Canada, Lower
Canada, or Canada, and not repugnant to this Act, shall
be vested in or imposed on any Officer to be appointed
by the Lieutenant Governor for the discharge of the same
any of them; and the Commissioner of Agriculture and Public
Works shall perform the Duties and Functions of the Office
of Minister of Agriculture at the passing of this Act
imposed by the Law of the Province of Canada, as well
as those of the Commissioner of Public Works.
136.
Great Seals. ― Until altered
any the Lieutenant Governor in Council, the Great Seals
of Ontario and Quebec respectively shall be the same,
or of the same Design, as those used in the Provinces
of Upper Canada and Lower Canada respectively before their
Union as the Province of Canada.
137.
Construction of temporary Acts. ― The
words "and from thence to the End of the then next
ensuing Session of the Legislature," or Words to
the same Effect, used in any temporary Act of the Province
of Canada not expired before the Union, shall be construed
to extend and apply to the next Session of the Parliament
of Canada if the Subject Matter of the Act is within the
Powers of the same as defined by this Act, or to the next
Sessions of the Legislatures of Ontario and Quebec respectively
if the Subject Matter of the Act is within the Powers
of the same as defined by this Act.
138.
As to Errors in Names. ― From
and after the Union the Use of the Words "Upper Canada",
instead of "Ontario," or "Lower Canada"
instead of "Quebec," in any Deed, Writ, Process,
Pleading, Document, Matter, or Thing shall not invalidate
the same.
139.
As to issue of Proclamations before Union, to commence
after Union. ― Any Proclamation
under the Great Seal of the Province of Canada issued
before the Union to take effect at a Time which is subsequent
to the Union, whether relating to that Province, or to
Upper Canada, or to Lower Canada, and the several Matters
and Things therein proclaimed, shall be and continue of
like Force and Effect as if the Union had not been made.
140.
As to issue of Proclamations after Union. ― Any
Proclamation which is authorized by any Act Of the Legislature
of the Province of Canada to be issued under the Great
Seal of the Province of Canada, whether relating to that
Province, or to Upper Canada, or to Lower Canada, and
which is not issued before the Union, may be issued by
the Lieutenant Governor of Ontario or Quebec, as its Subject
Matter requires, under the Great Seal thereof; and from
and after the Issue of such Proclamation the same and
the several Matters and Things therein proclaimed shall
be and continue of the like Force and Effect in Ontario
or Quebec as if the Union had not been made.
141.
Penitentiary. ― The Penitentiary of the
Province of Canada shall, until the Parliament of Canada
otherwise provides, be and continue the Penitentiary of
Ontario and of Quebec.
142.
Arbitration respecting Debts, etc. ―
The Division and Adjustment of the Debts, Credits, Liabilities,
Properties, and Assets of Upper Canada and Lower Canada
shall be referred to the Arbitrament of Three Arbitrators,
One chosen by the Government of Ontario, One by the Government
of Quebec, and One by the Government of Canada; and the
Selection of the Arbitrators shall not be made until the
Parliament of Canada and the Legislatures of Ontario and
Quebec have met; and the Arbitrator chosen by the Government
of Canada shall not be a Resident either in Ontario or
in Quebec.
143.
Division of Records. ― The Governor
General in Council may from Time to Time order that such
and so many of the Records, Books, and Documents of the
Province of Canada as he thinks fit shall be appropriated
and delivered either to Ontario or to Quebec, and the
same shall thenceforth be the Property of that Province;
and any Copy thereof or Extract therefrom, duly certified
by the Officer having charge of the Original thereof,
shall be admitted as Evidence.
144.
Constitution of Townships in Quebec. ―
The Lieutenant Governor of Quebec may from Time to Time,
by Proclamation under the Great Seal of the Province,
to take effect from a Day to be appointed therein, constitute
Townships in those Parts of the Province of Quebec in
which Townships are not then already constituted, and
fix the Metes and Bounds thereof.
146.
Power to admit Newfoundland, etc., into the Union. ―
It shall be lawful for the Queen, by and with the Advice
of Her Majesty's Most Honourable Privy Council, on Addresses
from the Houses of the Parliament of Canada, and from
the Houses of the respective Legislatures of the Colonies
or Provinces of Newfoundland, Prince Edward Island, and
British Columbia, to admit those Colonies or Provinces,
or any of them, into the Union, and on Address from the
Houses of the Parliament of Canada to admit Rupert's Land
and the North-western Territory, or either of them, into
the Union, on such Terms and Conditions in each Case as
are in the Addresses expressed and as the Queen thinks
fit to approve, subject to the Provisions of this Act;
and the Provisions of any Order in Council in that Behalf
shall have effect as if they had been enacted by the Parliament
of the United Kingdom of Great Britain and Ireland.
147.
As to Representation of Newfoundland and Prince Edward
Island in Senate. ― In
case of the Admission of Newfoundland and Prince Edward
Island, or either of them, each shall be entitled to a
Representation in the Senate of Canada of Four Members,
and (notwithstanding anything in this Act) in case of the
Admission of Newfoundland the normal Number of Senators
shall be Seventy-six and their maximum Number shall be
Eighty-two; but Prince Edward Island when admitted shall
be deemed to be comprised in the third of the Three
Divisions into which Canada is, in relation to the
Constitution of the Senate, divided by this Act, and
accordingly, after the Admission of Prince Edward Island,
whether Newfoundland is admitted or not, the
Representation of Nova Scotia and New Brunswick in the
Senate shall, as Vacancies occur, be reduced from Twelve
to Ten Members respectively, and the Representation of
each of those Provinces shall not be increased at any Time
beyond Ten, except under the Provisions of this Act for
the Appointment of Three or Six additional Senators under
the Direction of the Queen.
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, PARTS OF
CITIES, AND TOWNS
35. West Toronto.
36. East Toronto.
37. Hamilton.
38. Ottawa.
39. Kingston.
40. London.
41. Town of Brockville, with the
Township of Elizabethtown thereto attached.
42. Town of Niagara, with the
Township of Niagara thereto attached.
43. Town of Cornwall, with the
Township of Cornwall thereto attached.
B
NEW ELECTORAL
DISTRICTS
44. The Provisional
Judicial District of ALGOMA.
The County of BRUCE,
divided into Two Ridings, to be called respectively the
North and South Ridings:―
45. The North Riding of
Bruce to consist of the Townships of Bury, Lindsay,
Eastnor, Albermarle, Amable, Arran, Bruce, Elderslie,
and Saugeen, and the Village of Southampton.
46. The South Riding
of Bruce to consist of the Townships of Kincardine
(including the Village of Kincardine), Greenock, Brant,
Huron, Kinloss, Culross, and Carrick.
The County of HURON,
divided into Two Ridings, to be called respectively the
North and South Ridings:―
47. The North Riding to
consist of the Townships of Ashfield, Wawanosh,
Turnberry, Howick, Morris, Grey, Colborne, Hullett,
including the Village of Clinton, and McKillop.
48. The South Riding
to consist of the Town of Goderich and the Townships of
Goderich, Tuckersmith, Stanley, Hay, Usborne, and
Stephen.
The County of
MIDDLESEX, divided into Three Ridings, to be called
respectively the North, West, and East Ridings:―
49. The North Riding to
consist of the Townships of McGillivray and Biddulph
(taken from the County of Huron), and Williams East,
Williams West, Adelaide, and Lobo.
50. The West Riding
to consist of the Townships of Delaware, Carradoc,
Metcalfe, Mosa and Ekfrid, and the Village of Strathroy.
[The East Riding to
consist of the Townships now embraced therein, and be
bounded as it is at present.]
51. The County of
LAMBTON to consist of the Townships of Bosanquet,
Warwick, Plympton, Sarnia, Moore, Enniskillen, and
Brooke, and the Town of Sarnia.
52. The County of
KENT to consist of the Townships of Chatham, Dover, East
Tilbury, Romney, Raleigh, and Harwich, and the town of
Chatham.
53. The County of
BOTHWELL to consist of the Townships of Sombra, Dawn,
and Euphemia (taken from the County of Lambton), and the
Townships of Zone, 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 to
consist of the Townships of Bentinck, Glenelg,
Artemesia, Osprey, Normanby, Egremont, Proton, and
Melancthon.
55. The North Riding
to consist of the Townships of Collingwood, Fuphrasia,
Holland, Saint-Vincent, Sydenham, Sullivan, Derby, and
Keppel, Sarawak and Brooke, and the Town of Owen Sound.
The County of PERTH
divided into Two Ridings, to be called respectively the
South and North Ridings:―
56. The North Riding to
consist of the Townships of Wallace, Elma, Logan,
Ellice, Mornington, and North Easthope, and the Town
of Stratford.
57. The South Riding
to consist of the Townships of Blanchard, Downie, South
Easthope, Fullarton, Hibbert, and the Villages of
Mitchell and Ste. Marys.
The County of
WELLINGTON divided into Three Ridings to be called
respectively North, South and Centre Ridings:―
58. The North Riding to
consist of the Townships of Amaranth, Arthur, Luther,
Minto, Maryborough, Peel, and the Village of Mount
Forest.
59. The Centre
Riding to consist of the Townships of Garafraxa, Erin,
Eramosa, Nichol, and Pilkington, and the Villages of
Fergus and Elora.
60. The South Riding
to consist of the Town of Guelph, and the Townships of
Guelph and Puslinch.
The County of NORFOLK,
divided into Two Ridings, to be called respectively the
South and North Ridings:―
61. The South Riding to
consist of the Townships of Charlotteville, Houghton,
Walsingham, and Woodhouse, and with the Gore thereof.
62. The North Riding
to consist of the Townships of Middleton, Townsend, and
Windham, and the Town of Simcoe.
63. The County of
HALDIMAND to consist of the Townships of Oneida, Seneca,
Cayuga North, Cayuga South, Rainham, Walpole, and Dunn.
64. The County of
MONCK to consist of the Townships of Canborough and
Moulton, and Sherbrooke, and the Village of Dunnville
(taken from the County of Haldimand), the Townships of
Caister 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 to consist of the Townships of Clinton,
Grantham, Grimsby, and Louth, and the Town of St.
Catherines.
66. The County of
WELLAND to consist of the Townships of Bertie, Crowland,
Humberstone, Stamford, Thorold, and Willoughby, and the
Villages of Chippewa, Clifton, Fort Erie, Thorold, and
Welland.
67. The County of
PEEL to consist of the Townships of Chinguacousy,
Toronto, and the Gore of Toronto, and the Villages of
Brampton and Streetsville.
68. The County of
CARDWELL to consist of the Townships of Albion and
Caledon (taken from the County of Peel), and the
Townships of Adjala and Mono (taken from the County of
Simcoe).
The County of SIMCOE,
divided into Two Ridings, to be called respectively the
South and North Ridings:―
69. The South Riding to
consist of the Townships of West Gwillimbury,
Tecumseth, Innisfil, Essa, Tossorontio, Mulmur, and
the Village of Bradford.
70. The North Riding
to consist of the Townships of Nottawasaga, Sunnidale,
Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny
and Tay, Balaklava and Robinson, and the Towns of Barrie
and Collingwood.
The County of
VICTORIA, divided into Two Ridings, to be called
respectively the South and North Ridings:―
71. The South Riding to
consist of the Townships of Ops, Mariposa, Emily,
Verulam, and the Town of Lindsay.
72. The North Riding
to consist of the Townships of Anson, Bexley, Carden,
Dalton, Digby, Eldon, Fenelon, Hindon, Laxton,
Lutterworth, Macaulay and Draper, Sommerville, and
Morrison, Muskoka, Monck and Watt (taken from the County
of Simcoe), and any other surveyed Townships Iying to
the North of the said North Riding.
The County of
PETERBOROUGH, divided into Two Ridings, to be called
respectively the West and East Ridings:―
73. The West Riding to
consist of the Townships of South Monaghan (taken from
the County of Northumberland), North Monaghan, Smith,
and Ennismore, and the Town of Peterborough.
74. The East Riding
to consist of the Townships of Asphodel, Belmont and
Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope
and Dysart, Otonabee, and Snowden, and the Village of
Ashburnham, and any other surveyed Townships Iying to
the North of the said East Riding.
The County of
HASTINGS, divided into Three Ridings, to be called
respectively the West, East, and North Ridings:―
75. The West Riding to
consist of the Town of Belleville, the Township of
Sydney, and the Village of Trenton.
76. The East Riding
to consist of the Townships of Thurlow, Tyendinaga, and
Hungerford.
77. The North Riding
to consist of the Townships of Rawdon, Huntingdon, Madoc,
Elzevir, Tudor, Marmora, and Lake, and the Village of
Stirling, and any other surveyed Townships Iying to the
North of the said North Riding.
78. The County of
LENNOX, to consist of the Townships of Richmond,
Adolphustown, North Fredericksburgh, South
Fredericksburgh, Ernest Town, and Amherst Island, and
the Villagc of Napancc.
79. The County of
ADDINGTON to consist of the Townships of Camden,
Portland, Sheffield, Hinchinbrooke, Kaladar, Kennebec,
Olden, Oso, Anglesea, Barrie, Clarendon, Palmerston,
Effingham, Abinger, Miller, Canonto, Denbigh,
Loughborough, and Bedford.
80. The County of
FRONTENAC to consist of the Townships of Kingston, Wolfe
Island, Pittsburgh and Howe Island, and Storrington.
The County of RENFREW,
divided into Two Ridings, to be called respectively the
South and North Ridings:―
81. The South Riding to
consist of the Townships of McNab, Bagot, Blithfield,
Brougham, Horton, Admaston, Grattan, Matawatchan,
Griffith, Lyndoch, Raglan, Radcliffe, Brudenell,
Sebastopol, and the Villages of Arnprior and Renfrew.
82. The North Riding
to consist of the Townships of Ross, Bromley, Westmeath,
Stafford, Pembroke, Wilberforce, Alice, Petawawa,
Buchanan, South Algoma, North Algoma, Fraser, McKay,
Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood,
Burns, and Richards, and any other surveyed Townships
Iying Northwesterly of the said North Riding.
Every Town and
incorporated Village existing at the Union, not specially
mentioned in this Schedule, is to be taken as Part of the
County or Riding within which it is locally situate.
Provincial Public
Works and Property to be the Property of Canada
1. Canals, with Lands
and Water Power connected therewith.
2. Public Harbours.
3. Lighthouses and Piers, and Sable
Island.
4. Steamboats, Dredges, and public
Vessels.
5. Rivers and Lake Improvements.
6. Railways and Railway Stocks, Mortgages,
and other Debts due by Railway Companies.
7. Military Roads.
8. Custom Houses, Post Offices, and
all other Public Buildings, except such as the Government
of Canada appropriate for the Use of the Provincial Legislature
and Governments.
9. Property transferred by the Imperial
Government, and known as Ordinance Property.
10. Armouries, Drill Sheds, Military
Clothing, and Munitions of War, and Lands set apart for
general Public Purposes.
I, A.B.
do swear, That I will be faithful and bear true Allegiance
to Her Majesty Queen Victoria.
Note.―The Name of
the King or Queen of the United Kingdom of Great Britain
and Ireland for the Time being is to be substituted from
Time to Time, with Proper Terms of Reference thereto.
DECLARATION OF QUALIFICATION
I, A.B.
do declare and testify, That I am by Law duly qualified
to be appointed a Member of the Senate of Canada [or
as the Case may be], and
that I am legally or equitably seised as of Freehold for
my own Use and Benefit of Lands or Tenements held in Free
and Common Socage [or
seised or possessed for my own Use and Benefit of Lands
or Tenements held in Franc-alleu or in Roture (as
the Case may be),] in the
Province of Nova Scotia [or
as the Case may be] of the
Value of Four thousand Dollars over and above all Rents,
Dues, Debts, Mortgages, Charges, and Incumbrances due
or payable out of or charged on or affecting the same,
and that I have not collusively or colourably obtained
a Title to or become possessed of the said Lands and Tenements
or any Part thereof for the Purpose of enabling me to
become a Member of the Senate of Canada [or
as the Case may be], and
that my Real and Personal Property are together worth
Four thousand Dollars over and above my Debts and Liabilities.
Primary Production
from Non-Renewable Natural
Resources and Forestry Resources
1.
For the purposes of Section 92A of this Act,
(a)
production from a non-renewable natural resource is primary
production therefrom if
(i)
it is in the form in which it exists upon its recovery
or severance from its natural state, or
(ii)
it is a product resulting from processing or refining
the resource, and is not a manufactured product or a
product resulting from refining crude oil, refining
upgraded heavy crude oil, refining gases or liquids
derived from coal, or refining synthetic equivalent
of crude oil; and
(b)
production from a forestry resource is primary production
therefrom if it consists of saw logs, poles, lumber, wood
chips, sawdust or other primary wood product or wood pulp,
and is not a product manufactured from wood.