(■•.X 
 
This is a reproduction of a book from the McGill University Library 
 collection. 
 
 Title: Manual or explanatory development of the Act for the union of 
 
 Canada, Nova Scotia and New Brunswick, in one Dominion 
 under the name of Canada, synthetical and analytical: with the 
 text of the act etc., and index to the act and the treatises. 
 Author: Gooch, John 
 
 Publisher, year: Ottawa : Desbarats, 1867 
 
 The pages were digitized as they were. The original book may 
 have contained pages with poor print. Marks, notations, and other 
 marginalia present in the original volume may also appear. For wider 
 or heavier books, a slight curvature to the text on the inside of pages 
 may be noticeable. 
 
 ISBN of reproduction: 978-1-926748-59-7 
 
 This reproduction is intended for personal use only, and may not be 
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 information on permission regarding the use of this reproduction 
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 McGill University Library 
 www.mcgill.ca/library 
 
MANUAL OR EXPLANATORY DEVELOPMENT 
 
 OF THE ACT FOR THE UNION OF 
 
 , NOIA SCOTIA AID 
 
 IN ONE DOMINION UNDER' THE NAME OP 
 
 CANADA, 
 
 SYNTHETICAL AND ANALYTICAL 
 
 WITH 
 
 THE TEXT OF THE ACT ETC., 
 
 INDEX TO THE ACT AND THE TREATISES. 
 
 BY JOHN GOOCH. 
 
 OTTAWA : 
 
 PRINTED BY G. E. DESBARATS. 
 
Entered, according to the Act of the Provincial Parliament, in the year 
 one thousand eight hundred and sixty-seven, by John Gooch, in the Office of 
 the Registrar of Canada. 
 
TO 
 
 THE HONORABLE SIR JOHN ALEXANDER MACDONALD, K. C. B., 
 
 PREMIER OF THE FIRST ADMINISTRATION OF THE DOMINION OF CANADA, 
 
 LATE CHAIRMAN OF THE DELEGATES FOR THE UNION OF THE PROVINCES IN LONDON, 
 
 AND AS BEING 
 
 TTTE FIRST AMONG THE ABLE AND DEVOTED PUBLIC !MEN TO WHOM CANADA OWES 
 “ THE BRITISH NORTH AMERICA ACT, 1867 ,” 
 
 THIS WORK IS RESPECTFULLY DEDICATED BY HIS VERY OBEDIENT SERVANT, 
 
 JOHN GOOCH, 
 
PREFACE. 
 
 The purpose of this book is to exhaust and make obvious the 
 sense of every section and item of the Act of the Constitution of 
 Canada. It is hoped care enough has been taken to leave out, if 
 anything, no particular of any importance. 
 
 In the composition of the Act itself it was most highly impor- 
 tant to provide for whatever was exigent or eligible to be done, to 
 give in the best way : — effect to the Union, and to insure a proper 
 order of change from the foregoing to the incoming ways and con- 
 stitutions of Government. Composed, as it was, with exact care — 
 not to fail in this critical undertaking — it may seem near, at 
 least, to repeat itself : say it but seems. 
 
 The Synthetical Explanatory Treatise, founded on it, will alike 
 seem to be self-repeating, and perhaps is. The writer, who did 
 not choose this, would rather it so happened, though, than that 
 it should be found omissive. 
 
 The Analytical Index given, inevitably repeats much of the 
 contents of the Synthetical ; but it is produced, not so much for 
 further information in the meaning of the Act, as to offer an alter- 
 native opportunity to the enquirer. This index may be more 
 easily consulted on a particular exigency. The Synthetical De- 
 velopment, for acquaintance with the Act in its whole design or 
 that of its principal members ; withal inadvertancies there will be ; 
 — may the reader be courteous 
 
 The change in the Constitution of the Government now made 
 in these British Colonies — adapted to them as an United Do- 
 minion, although they retain still for their separate uses subsi- 
 diary governments — gives an occasion for the present work. 
 
 For one and all of these Provinces the information to be given 
 
VI 
 
 herein, is needed, at least by the class of persons concerned or 
 taking an interest in their Governments. 
 
 Members of Provincial Governments or Legislatures will see 
 how to distinguish in the partition now made of the functions of 
 Government : will see what share of them is parted with to the 
 Government of the Dominion, and what share of them remains to 
 the Governments at home. 
 
 But specially the Representatives of the Provinces in the Senate 
 and House of Commons of the New Dominion should be assisted 
 by such a manual. 
 
 Apart from the sentiment (more faint or more fervent as it 
 might be,) of the unity in one Empire of Great Britain and Ireland 
 and its dependencies, these Provinces have hitherto been virtually 
 -detached rather than united together, and the journals of all the 
 Governments witness to their jarrings, their rivalries, and their con- 
 tentions. How much prosperity has been lost meanwhile, (to which 
 they could have helped one another,) because of collision ! and 
 what positive damages have been suffered by each of the little 
 Commonwealths in collision ! 
 
 But now, if mutuality of the United Provinces cannot indemnify 
 for the past, most certainly it can and will confer great advantages : 
 if, as inaugurated by the Constitution to be described, this is re- 
 ceived as a vital reigning principle by those who are called to 
 govern and legislate, and this principle will not, cannot be want- 
 ing with the public ; or the governing class will be more public 
 spirited than the class governed — though it by no means follows 
 that ihey be less so. 
 
 Let Mutuality be a principle to dominate supremely the Govern- 
 ment and Parliament of the Dominion, and let not the subsidiary 
 Provincial Governments and Legislatures be, in anywise, estranged 
 from, though not so familiar with it. 
 
 September, 1867. 
 
MANUAL 
 
 OF THE 
 
 IN THE ORDER OF ITS DEVELOPMENT, 
 
 OR 
 
 THE CONFEDERATION OF THE PROVINCES OF CANADA. 
 NOVA SCOTIA AND NEW BRUNSWICK, 
 
 ACCORDING TO 
 
 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 ( Synthetical and Analytical.) 
 
 PRELIMINARY NOTICES. 
 
 HISTORICAL NOTES. 
 
 As to the policy of Unity or Confederacy of the Provinces of 
 British North America, it is a subject of distant and extensive 
 history, if fully treated on. 
 
 Here only will be stated what relates to the form of its con-' 
 summation in hand. 
 
 This Constitution of Canada, by reason of its enactment as an 
 Act of Parliament of the United Kingdom, is integrated as a 
 Branch of the ancient sovereign Constitution of that Empire, i. e. r 
 the mother trunk projects in the direction of these colonies an arm- 
 of its strength — and may it prove our strong arm also, please God. 
 
 It is truly, in its idea, first, of our projection. Our several pro-- 
 vinces felt, at least, their inaptitude for common effort and common! 
 progress while governed asunder from each other. 
 
 And the time had come — and its signs so forcibly made it known 
 that it had come — when to combine, take common counsel and to 
 co-operate for an uniform general welfare, was urgent. 
 
 1 
 
The provinces held communication with each other — the more 
 Important Province of Canada opening a well-advised correspon- 
 dence with the lower provinces. 
 
 Delegates of all the provinces explained in a common session 
 at Quebec, and it followed that they resolved unanimously on 
 what terms the provinces might pass into Confederation. This 
 inclination of the provinces was fostered by the British State. 
 
 The plan of an United Dominion, as then agreed on was not 
 final, but was fruitful undoubtedly. The final plan, as emanat- 
 ing from the provinces, was agreed on by their delegates — gene- 
 rally the same persons as at Quebec — commissioners now to 
 London, there to negotiate with each other, and if they in concert 
 could compose an eligible plan, to present it in behalf of their 
 (provinces to the British Government. 
 
 The plan presented by the delegates was welcomely received 
 foy the British Government as the wise, genial and loyal design 
 «of the political communities of these provinces. 
 
 After the Queen’s government had exercised its right of super- 
 vision, the plan was, by the ministry, proposed to the British Par- 
 liament, and therein affirmed and empowered as the form the 
 British Constitution should take in the Dominion of Canada, — now 
 set up in British North America. 
 
 SKETCH OF THE FORM OF THE BRITISH GOVERNMENT. 
 
 The action of the Government of the Empire, as shown in the 
 initiation, the progress and the enactment of the “ Act of British 
 .North America, 1867,” exemplifying as far as it does the order 
 smd process of Government according to the established British 
 Constitution, will assist us to know that Constitution, which it is 
 necessary to describe ; as the provinces sought the Metropolitan 
 state to grant them “ a constitution similar in principle to that of 
 .the United Kingdom which it will be found, is conferred by the 
 Act of British North America. 
 
 It may be said to be constituted 1st of The Regality — the first 
 the unitive and the last power indicated. II. But this Royal 
 power is not, nor has its virtue alone, it is collated with and ac- 
 tive in virtue of the advice and consent of the Privy Council of the 
 
3 
 
 Crown, otherwise the Cabinet, the Ministry of the day — the great 
 Officers of the Executive Government. III. The Royal Power, as 
 operative in and by and through the Privy Council, is to be con- 
 current with or sanctioned by the authority of Parliament, and all 
 lawful powers, means and offices thought to be requisite for the 
 good of the Realm, are to be obtained from the Parliament of the 
 three Estates duly summoned by the Crown. 
 
 Of these Estates the Crown has special command in the depart- 
 ments of the Church the Army and Navy. The third estate — the 
 Commons has special command of the Finances, the ways and 
 means. The Ministry of the day, take a leading part in the order- 
 ing and conducting of Parliaments, to which they are accountable 
 for their administration, severally, for the departments of govern- 
 ment held by them. 
 
 DISSIMILARITY OF THE CONSTITUTION OF CANADA. 
 
 Our Constitution of the Dominion of Canada under one Queen, 
 represented by one Governor General, is Federal as well as Cen- 
 tral, while that of the United Kingdom, and to which it is made 
 “ similar,” as far as may be, is wholly central. In the Dominion 
 the task of government is divided, and the instruments, separate for 
 the separate parts, while yet alt, are to be concordant in action, as 
 a common effect is intended. The Central Government bears re- 
 spect to the general welfare ; the particular Governments bear 
 respect to the welfare of their particular communities, as compa- 
 tible with the general welfare. Also, the constitution makes no 
 provisions for a Church. 
 
 1 * 
 
A SYNTHETICAL SUMMARY OF “ THE BRITISH 
 NORTH AMERICA ACT, 1867.” 
 
 PRACTICAL DEVELOPMENT OF THE ACT. 
 
 Its date is the 29th March, 1867. Its preamble informs us, that 
 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 : — 
 
 That such a Union is favorable to the welfare of the provinces, 
 and as well of the British Empire, that the British Parliament 
 deem it expedient in establishing it, both to provide for the con- 
 stitution of the Legislative Authority in the Dominion, and to de- 
 clare the nature of the Executive Government therein. : — 
 
 That it is also expedient that provision be made for the eventual 
 admission into the Union, of other parts of British North America. 
 The Acts proceeds — being classed under eleven heads : — 
 
 I. Preliminary, secs. 1, 2. 
 
 II. Union, secs. 3-8. 
 
 III. Executive Power, secs. 9-16. 
 
 IV. Legislative Power, secs. 17-57. 
 
 V. Provincial Constitutions, secs. 58-90. 
 
 VI. Distribution of Legislative Powers, secs. 91-95. 
 
 VII. Judicature, secs. 96-101. 
 
 VIII. Revenue, Debts, Assets, Taxation, secs. 102-126. 
 
 IX. Miscellaneous Provisions, secs. 127-144. 
 
 X. Intercolonial Railway, sec. 145. 
 
 XI. Admission of other Colonies, secs. 146-147. 
 
 Five Schedules are annexed on the subjects : 
 
 1st Schedule, (A.) Existing Electoral Divisions of Ontario ; 
 (B.) New Electoral Divisions. 
 
 2nd Schedule. Electoral Divisions of Quebec, specially fixed. 
 3rd Schedule. Provincial Public Works and property ; to be the 
 property of Canada. 
 
6 
 
 4th Schedule. Assets to be the property of Ontario and Quebec 
 conjointly. 
 
 5th. Schedule. Oath of Allegiance — Declaration of Qualifica- 
 tion. {Forms to be used as the Act directs.) 
 
 A further supplement to the Act is another Act, (Cap XYT.,) 
 12th of April, 1867, for “ Authorizing a Guarantee of Interest on a 
 Loan to be raised by Canada,” on account of the Intercolonial 
 Railway. 
 
 EXPLANATIONS NECESSARY FOR THE INTERPRETATION OF THIS 
 ACT CONTAINED IN THE ACT. 
 
 Sec. 1. This Act maybe cited as the British North America 
 Act, 1867. 
 
 Sec. 2. The provisions of this Act referring to Her Majesty 
 extend also to the heirs and successors of Her Majesty. 
 
 Sec. 4. The name Canada shall be taken to mean Canada as 
 constituted under this Act. 
 
 Sec. 13. Provisions 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 of Canada. 
 
PART I. 
 
 AS APPLICABLE TO THE DOMINION. 
 
 The full title of this Act, viz., an Act for the Union of Canada, 
 Nova Scotia and New Brunswick, and the Government thereof, 
 and for purposes connected therewith : — tells what the Act pro- 
 vides, viz., how the Union shall take place effectually, i. e. 
 
 The Queen by and with the advice of Her Privy Council 
 declares by proclamation, that on and after a day therein 
 appointed, the Provinces concerned shall form and be one Domi- 
 nion under the name of Canada. [The Royal Proclamation to 
 have such an effect was issued on 22nd May, and took effect on 
 July 1st, 1867.] See Appendix A. 
 
 That Civil Rule should know no suspension in any of the. 
 
 Provinces : — 
 
 Sec. 129 provides that all laws in force, also all Courts of Civil 
 and Criminal Jurisdiction, and all legal commissions, powers and 
 authorities Judicial, Administrative and Ministerial shall con- 
 tinue (for this purpose) in the Provinces respectively, as if the 
 Union had not been made, subject nevertheless to be repealed or 
 altered by the Parliament of Canada; or by the Legislatures of 
 the Provinces, according to this Act (with exception of such as exist 
 by Acts of British Parliament.) 
 
 Sec. 130 enacts, that until the Parliament of Canada otherwise 
 provides, “ All officers of the several provinces having duties to> 
 discharge in relation to matters, other than those by this Act as- 
 signed exclusively to the Legislatures of the provinces ; shall be 
 officers of Canada, and shall continue to discharge the duties of 
 their respective offices, &c. 
 
8 
 
 No enlargement of powers or extension of limits in which they 
 may be exercised, is made, only they are placed in relation to the 
 New superior power of the Dominion. 
 
 The new Constitution of the Dominion of Canada, and the Con- 
 stitutions, — as they may be retained, renewed or made anew for the 
 Provinces, respectively, provide that, as one Dominion it be 
 governed in unity, on a “ similar principle ” with the Metropolitan 
 slate under the Constitution of the United Kingdom. The pow r er 
 of the same Crown applies as a principle of unity ; from first to 
 last the Government of Canada is ordered and carried on in the 
 name and behalf of the Sovereign. 
 
 Sec. 9. The Executive Government and Authority is to continue 
 ;and be vested in the Queen. 
 
 Sec. 15. The command-in-chief of the militia and all naval and 
 military forces of and in Canada, is to continue and be vested in 
 the Queen, [and of this command this Constitution takes no further 
 cognizance.] 
 
 Sec. 10. The Governor General by the provisions of this Act, 
 being, and carrying on the Government of Canada on the behalf 
 and in the name of the Queen : — 
 
 Sec. 11. There shall be a council to aid and advise in the Go- 
 vernment, to be styled the Queen’s Privy Council for Canada. Per- 
 sons who are to be members of that Council shall be, from time to 
 time, chosen, &c., by the Governor General, and sworn in. And 
 members thereof may be, from time to time, removed by the Gover- 
 nor General. 
 
 It is knowm that the “ Queen’s Privy Council,” either in Great 
 Britain and Ireland ; or in Canada (as noticed in this Act,) are 
 identical with the Ministry of the United Kingdom, or of the 
 Dominion, respectively, occupying the principal places in the 
 Executive Government — it is by distinct summons and oath of 
 duty they are inducted to the Privy Council. 
 
 From the style they bear — -unknovm before in the Provinces — 
 it may be thought that their independence of superior authority 
 here, and their valid competency in questions or matters in wdiich 
 Canada is interested, when such are under consideration of the 
 Metropolitan Government — to advise the Queen at home, in concert 
 
9 
 
 with Her Privy Council for the Empire, are to be ascertained in 
 some degree hereby. 
 
 As members of the Council and heads of the Departments of Go- 
 vernment of Canada, the Governor General, from time to time, 
 chooses or removes them. In this case and some others he 
 exerts his authority alone. In the general order of his Government 
 he exerts it, in Council or in Parliament, as representative of the 
 Crown. 
 
 Sec. 130. Among the principal officers of the Provincial Govern- 
 ments now confederated, as in and of the Dominion, will the 
 Governor General choose the Queen’s Privy Council of Canada : — 
 
 And the members of the Privy Council, one or the other of them, 
 will severally fill, as they shall- have agreed on, what provincial 
 offices are necessary and eligible for the executive government. 
 
 Provincial Governor’s powers, held immediately from the Crown, 
 cease on the advent of the Dominion. By Sec. 12, all powers, 
 authorities and functions of this class of officers at the time of the 
 Union, shall, as far as may be, after the Union be vested in and 
 exercised by the Governor General in conjunction with the 
 Queen’s Privy Council, or by the Governor General individually. 
 This section serves preparatorily to a new delivery of powers, 
 authorities and functions. The Governor General now makes 
 appointments of Provincial Governors bearing immediate respon- 
 sibility to him, as Sec. 14 authorizes him, from time to time, to 
 appoint any person or any persons to be his Deputy or Deputies 
 within any part or parts of Canada, to exercise such of the powers, 
 &c., &c., of the Governor General as he shall assign to him or 
 them. The Governor General, meanwhile, shall not be affected 
 to the loss of any powers, &c., belonging to him. 
 
 In the Government of Ihe Dominion they are the Governor Gene- 
 ral’s Deputies, (Sec. 14,) while he is subject meanwhile to be 
 limited and directed by the Crown in giving his commission to 
 Deputy or Deputies. 
 
 The arrangement of the Provinces in the Union. 
 
 Secs. 5, 6, 7. Early provisions of the British North America 
 Act, set forth the form, in which the Provinces are to make their 
 
10 
 
 Confederation. (7.) The Maritime Provinces continue with limits 
 unchanged ; and their Constitutions and Governments existing, 
 are only altered so far as to conform them to the provisions 
 of this Act. Even the House of Assembly of New Brunswick 
 may last for the term of its election. The Province of Canada is 
 disparted, as it was before known to be ; the Province of Upper 
 Canada is now constituted and styled — Ontario, and the Province 
 of Lower Canada is constituted and styled — Quebec. 
 
 The Constitution of the Province of Canada being broken up, and 
 the immediate devolution of all powers, authorities and functions 
 of its Chief executive officer being at the union vested in the Gover- 
 nor General of the Province — the same as far as they are capable of 
 being exercised after the Union, in relation to the Governments of 
 Ontario and Quebec, respectively — are to pass from the Governor 
 General of the Dominion to the Lieutenant Governors of these pro- 
 vinces for their exercise, respectively, in Council or individually. 
 
 Sec. 5. Hereby the new Dominion is divided into four parts, 
 viz., Ontario, Quebec, Nova Scotia and New Brunswick. 
 
 Sec. 25. Preliminary to the general execution of this Act, 
 Senators are, in the first instance, summoned by the Queen’s 
 authority, according to the Divisions of Canada, made in relation 
 thereto, and their names are inserted in the Queen’s proclamation 
 of Union. (See Appendix A.) 
 
 Sec. 127. If a member of the Legislative Council of Canada, 
 Nova Scotia or New Brunswick to whom a place in the Senaie is 
 offered, does not within thirty days thereafter, by writing under 
 his hand, addressed to the Governor General of Canada, or to the 
 Lieutenant Governor of Nova Scotia or New Brunswick, as the 
 case may be, accept the same, he shall be deemed to have de- 
 clined the same. 
 
 Sec. 17. There shall be a Parliament for Canada, consisting of 
 the Queen, ihe Senate and the House of Commons. The Gover- 
 nor General, according to his commission, being the representa- 
 tive of the Sovereign. 
 
 Sec. 55. A bill passed by the Houses of Parliament and pre- 
 sented to the Governor General for the Queen’s assent, he shall 
 declare either, that he withholds that assent, or shall assent to it in 
 
11 
 
 the Queen’s name : — if so, (sec. 56) he shall send as soon as conve- 
 nient, a copy of the Act to one of Her Majesty’s Principal Secretaries 
 of State ; and if the Queen in Council, within two years after its 
 receipt, disallows the Act, such disallowance, with certificate of 
 the day of its receipt, (communicated to the Governor General,) 
 being signified by the Governor General to each of the Houses of 
 Parliament ; or, if they are not in session, being signified by Pro- 
 clamation, shall annul the Act, from and after the same day. Sec. 
 57. But a bill reserved for the Queen’s pleasure — as the Governor 
 General according to his discretion, may reserve a bill — shall not 
 have any force, unless and until two years from the day on which 
 it was presented to the Governor General, he signifies, in either 
 way above mentioned, that it has received the assent of the Queen 
 in Council. An entry of every such communication of the Gover- 
 nor General shall be made in the Journals of each House, and 
 a duplicate thereof shall be delivered to the proper officer, to be 
 kept among the Records of Canada. 
 
 Sec. 132. The Parliament and Government hereby, are declared 
 to have all powers necessary and proper for performing the obli- 
 gations of Canada, as part of Ihe British Empire, towards Foreign 
 countries in satisfaction of Treaties made. 
 
 Intercolonial Railway. — Engagements of the Government and 
 Parliament of Canada , for its execution. 
 
 Sec. 145. The Provinces of Canada, Nova Scotia and New 
 Brunswick have joined in a declaration that the construction of 
 such a railway, is essential to the consolidation of the Union of 
 British North America, and have consequently agreed that provi- 
 sion should be made for its immediate construction by the Govern- 
 ment of Canada. 
 
 The British Act of Parliament, “The Canada Railway Loan 
 Act, 1867,” or “ An Act for authorizing a guarantee of interest 
 on a Loan to be raised by Canada towards the construction 
 of a Railway, connecting Quebec and Halifax, dated 12th April, 
 1867, connected with the Act of British North America, 1867 ; — 
 This Act shews how far the provinces distinctly named above 
 had agreed, in the view of the essential importance of the work, 
 
12 
 
 and the view of the best means of early effecting it ; and shews 
 further the concurrence of the British State, in like views of its im- 
 portaxrce : — and its actual help towards its obtainment, is engaged 
 by representations made from the Provinces. The Imperial Act 
 says of such a line of Railway, it “ would conduce to the welfare 
 of Canada and promote the interest of the British Empire,” and so 
 far it hastens the action of the Government of the Union, that the 
 benefit of this Act of Guarantee is lost “unless within two years 
 after the Union, an Act of the Parliament of Canada has been pas- 
 sed, &c.” More prompt for the construction thereof, the Act of 
 British North America in this section, prescribes as the duty of the 
 Government and Parliament of Canada, within six months after 
 the Union, to provide for the commencement of a Railway, con- 
 necting the River St. Lawrence with the city of Halifax, and for 
 the speedy construction thereof without intermission, to its comple- 
 tion. Not less for Canada, it may be said, than for the interest of 
 the British Empire, the British Act of Parliament for guarantee, 
 &c., stipulates “ For the use of the Railway at all times for Her 
 Majesty’s military and other service,” and also the guarantee 
 takes no effect “ unless and until the line in which the Railway 
 is to be constructed has been approved by one of Her Majesty’s 
 Principal Secretaries of State.” 
 
 Parliament , its Form , Order , Powers. 
 
 Sec. 17. The Parliament of the Dominion of Canada is to con- 
 sist of the Queen, an Upper house called the Senate, and the House 
 of Commons. 
 
 The virtual connection of the Queen, or Regality of the Empire, 
 with the Parliament of Canada, is the same, as that borne in the 
 Parliament of the United Kingdom, the Governor General appear- 
 ing for Her, according to his commission. 
 
 Secs. 19, 38. The Sovereign (representatively) meets with the 
 Senate and House of Commons, from time to time, in the Parlia- 
 ment of the Dominion, — the Parliament is to be summoned within 
 six months after the Union, and (sec. 20) there shall be no interval 
 of twelve months between its last sitting in one session, and its 
 first sitting in the next. 
 
13 
 
 Sec. 18. The privileges, immunities and powers to be held, &c.,, 
 by the Senate and by the House of Commons, and by the mem- 
 bers thereof, respectively, shall be defined by Act of Parliament 
 of Canada, but shall never exceed those held by the Commons' 
 House of Parliament of the United Kingdom. 
 
 Such privileges, &c., are unequal of the Houses of Parliament 
 of the United Kingdom, and each House defines its own. The 
 difference in respect of the Parliament of Canada is at once made 
 known, for — the combined powers of Parliament enact them, and 
 with equality of privileges of the two Houses, very likely. 
 
 Sec. 133. Either the English or French language may be used 
 in the debates of Parliament, and both these languages shall be 
 used in the Records and Journals of the Houses : — the Acts of 
 Parliament of Canada and of the Legislature of Quebec shall be 
 printed and published in both. 
 
 The Senate. 
 
 Sec. 21. The Senate whose first members, as already recited, 
 were immediately chosen by the Queen’s authority, is of seventy- 
 two persons, chosen in divisions of twenty-four each: 1st for 
 
 Ontario, 2nd for Quebec, 3rd for the Maritime Provinces, (at this- 
 time consisting only of Nova Scotia and New Brunswick.) In the 
 third division, — Nova Scotia and New Brunswick return each,, 
 twelve, but so many, only, while Prince Edward Island is not, as it 
 may be, admitted. (Sec. 147.) There is to be no set increase in the 
 whole number of the Senate — yet, Prince Edward Island is to have 
 four senators awarded in its regard, on its admission into the Union ; 
 but the representation of Nova Scotia and New Brunswick shall, as 
 vacancies occur, be reduced from twelve to ten members, re- 
 spectively. 
 
 But if Prince Edward is not, and Newfoundland (whose ad- 
 mission is equally provided for,) is admitted, although the number 
 of senators assigned for Newfoundland, is the same as for Prince 
 Edward Island, its admission will cause no reduction to Nova 
 Scotia and New Brunswick, but will make an increase in so- 
 many members of the senate. 
 
 In case of Quebec, each of the twenty-four senators shall be ap- 
 pointed for one of the electoral divisions of Lower Canada, 
 
14 
 
 (pointed out,) and shall be eligible also [23 (6),] by the qualifica- 
 tion of his real property, or of his residence therein. Residence 
 is only made generally to apply, in the other Provinces. 
 
 Sec. 23. (1) A senator shall be of the full age of thirty years. 
 
 Sec. 23. (2) He shall be a subject born, or naturalized, of the 
 Queen. 
 
 Sec. 23. (3) Shall be seized of freehold or other described 
 landed property of the value of $4000 above all rents, dues, &c., 
 &c., as due or payable out of the same. Before taking his seat 
 he shall take, &c., the oath of allegiance, and make the declara- 
 tion of qualification, in the forms prescribed in the fifth schedule 
 to the due Official. 
 
 But Sec. 23-4 is expletive of the foregoing enactment, saying, 
 “ his real and personal property shall be together worth $4000, over 
 and above his debts and liabilities.” 
 
 Not that it may be thought that it matters not how little, free- 
 hold property, or other real property, he is in possession of, for it 
 seems to be meant, that he must have a title to real property of 
 the given value of $4000. Yet notwithstanding his title — it may 
 be encumbered by mortgages, charges, debts, &c., to such an 
 extent that its clear value left in his possession and rightfully his, 
 while it is so encumbered, is not of the amount of $4000, then his 
 personal property may be fairly appraised, and if it is found of an 
 amount equal to the casual deficiency of his real property and 
 that it will make together with his real property, a value of 
 $4000, he is qualified. He shall be a Resident of the province he 
 represents. 
 
 Sec. 23-5. The Senate or Upper House, it would appear, is pro- 
 vided for the Dominion, by the Constitution, for a semblance of the 
 Upper House of the British Parliament, which is, it may be said, 
 constituted, in most part, with respect to its Members’ large proprie- 
 tary of the soil. A form of Estate that gives more leisure, more 
 genial and permanent, social and confidential connection with the 
 community. 
 
 Sec. 29. In Canada, a Senator subject to the provisions of this 
 Act, shall hold his place for life, but these are its provisions for his 
 
 disqualification: Sec. 31. 1st. If he discontinues his attendance in 
 
15 
 
 the Senate for two consecutive sessions of Parliament. 2nd. If he 
 make his allegiance, due to a foreign power, or acquire the rights 
 of subject or citizen, under a foreign power. 3rd. In case of his 
 bankruptcy or insolvency. 4th. If he is attainted of treason, or con- 
 victed of felony, and if he fail to retain his qualifications in respect 
 of property or residence. However, no disqualification for failure of 
 residence elsewhere, — attaches to a senator holding an office under 
 Government, and therefore residing at the seat of Government for 
 the discharge of it. 
 
 Sec. 30. Also a senator may by writing under his hand, to the 
 Governor General, resign his place in the Senate. 
 
 Sec. 33. If any question arises, respecting the qualification of a 
 senator, or a vacancy in the Senate, the Senate shall hear and de- 
 termine it. 
 
 Sec. 32. When a vacancy happens in the Senate by resignation, 
 death or otherwise, the Governor General shall summon a fit and 
 proper person to fill it. 
 
 Sec. 26. If the Governor General at any time, shall see cause to 
 recommend to the Queen, and the Queen thinks fit to direct in- 
 crease of the Senate of three or six members, i. e., one for each, or 
 two for each of the divisions aforesaid, the Governor General may 
 summon three or six qualified persons to add to the Senate 
 
 Sec. 28. The number of senators shall not at any time exceed 
 seventy-eight, and in case any addition is made by three or six 
 added to the seventy-two members authorized by sec. 21 — the 
 Governor General shall not summon any person to the Senate 
 until, each of the three divisions of Canada is represented by 
 twenty-four members and no more, except on a further direction 
 from the Queen on the like recommendation of the Governor Gene- 
 ral. But in the case of the admission of Newfoundland into the 
 Union, — entitled to a representation in the Senate of four members, 
 (sec. 147,) the normal number of senators shall be seventy-six 
 and the maximum number possible eighty-two. 
 
 Sec. 34. The Governor General may, from time to time, appoint 
 under the Great Seal of Canada, a senator to be Speaker of the 
 Senate. He may rule that one senator take the place of another, 
 to fill that office. 
 
 Sec. 35. Fifteen senators, including the Speaker, are necessary 
 
16 
 
 to constitute a meeting of the Senate, able to act ; but this number 
 is alterable by Parliament, if it is thought fit. 
 
 Sec. 36. The Speaker shall in all cases have a vote, and when 
 the votes are equal, — the decision shall be deemed to be in the 
 negative. 
 
 Sec. 39. A senator shall not be capable of being elected, or of 
 sitting or voting, as a member of the House of Commons. 
 
 House of Commons. 
 
 Sec. 37. Shall consist of one hundred and eighty-one members, 
 i.e., eighty-two shall be elected for Ontario, sixty-five for Quebec-, 
 nineteen for Nova Scotia, and fifteen for New Brunswick. 
 
 Sec. 51 . Quebec being fixed at sixty-five members, a calculation 
 is to be made on the completion of the census in 1871, and thence- 
 forth every ten years in the same case on the returns of population 
 obtained ; i. e., as in other provinces, compared with Quebec, which 
 is to have constantly sixty-five members. As the population varies 
 elsewhere, in proportion to that of Quebec from time to time, and 
 is found to be less or more in regard of a whole number, (or what 
 is to be deemed the same,) sufficient for the election of a member, 
 it is entitled to increase of representation or disentitled to one or 
 more of its present number of members, accordingly. 
 
 But if the population of any province, is not diminished one 
 twentieth part or upwards, in relation to the aggregate population 
 of Canada, (as shewn by the census last before taken,) the pro- 
 vince, shall still return the same number of members. 
 
 The Parliament in being at the time of the census-taking, exists 
 without change under this arrangement, to the end of its current 
 term. 
 
 Sec. 50. Every House of Commons lasts for five years, if not 
 dissolved by the Governor General. 
 
 Sec. 52. An increase of the Number of members of the House 
 of Commons may be made from time to time by the Parliament 
 of the Dominion, but it must be proportioned to the several pro- 
 vinces on the principles provided in this Act. 
 
 Sec. 38. The Governor General shall, from time to time, under 
 the Great Seal of Canada, summon and call the House of Com- 
 mons to session. 
 
17 
 
 Sec. 42. For the first election of members to the House of 
 Commons, the Governor General shall cause writs to be issued 
 by such person, and to such returning officer, as he thinks fit. 
 
 The powers possessed by him for issuing writs under this sec- 
 tion, are such as are possessed at the Union by the officers 
 charged with such a service for the election of members to the 
 House of Assembly or Legislative Assembly, as it may be, of the 
 Provinces of Canada, Nova Scotia or New Brunswick. 
 
 Returning officers to whom writs are directed under this sec- 
 tion, shall have like powers, as are possessed at the Union by 
 officers charged with like service. 
 
 Sec. 43. Should a vacancy be, in the representation of any elec- 
 toral district concerned, before provision is made by the parliament 
 in this behalf, whether before or after the meeting of parliament, 
 the provisions for a new election, are the same as now given 
 
 Sec. 41. All laws in force at the Union, in the several Provinces 
 respecting persons to be elected as members of the Lower Houses 
 of Legislature respectively, viz., as to 
 
 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, and the periods j' or {feij-r contihu-- 
 ance. 
 
 The trial of controverted elections and proceedings proper to them.- 
 
 The vacating of seats of members, aTW j 
 
 The execution of new writs ^ this case, shall respectively' 
 apply to elections of member^ of the House of Commons for the 
 same provinces. 
 
 An exceptional vote.f-qoalifieation is provided for the district of 
 Algoma, Province of Ontario, in which district “'every male' 
 British subject of age, being a house-holder,, shall have a vote: 
 until the Parliament of Canada otherwise provides. ” 
 
 Sec. 44. The House of Commons on its first assembling after sc. 
 general election, shall promptly proceed to elect one of its mem- 
 bers to be Speaker ; and (sec. 45) in case a vacancy happens in 
 the office, it shall proceed to elect another of its members to the 
 office, or (sec. 47} in case of the absence of the Speaker from the 
 2 
 
18 
 
 ■chair for a period of forty-eight consecutive hours, the House may 
 elect another of its members to act as Speaker, who shall during the 
 continuance of such absence of the Speaker, have and execute all 
 the powers, privileges and duties of Speaker. The Parliament of 
 Canada, however, may otherwise provide in case of the Speaker’s 
 absence. 
 
 Sec. 46. Under this arrangement, the Speaker presides at all 
 meetings of the House of Commons. 
 
 Sec. 48. Twenty members of the House, at least, shall be pre- 
 sent, to constitute a meeting of the House for the exercise of its 
 powers — the Speaker for that purpose shall be reckoned a member. 
 
 It is to be thought that the Speaker is necessarily to be counted 
 one, of at least twenty members present, since whatever number 
 ■of members are present without the Speaker, (if his absence should 
 not yet have extended to forty-eight hours,) they cannot constitute 
 a meeting to do business, for there can be no Speaker to preside 
 '(sec. 46) as is required. 
 
 Sec. 49. Questions arising in the House shall be decided by a 
 majority of voices — other than that of the Speaker. This is first to 
 be seen unattained, before he commits himself to vote, indeed, 
 only “ when the voices are equal ” has he a vote to give, which 
 in this case, of course makes a majority of votes for or against. 
 
 Sec. 53. The House of Commons has the first and chief power 
 ■of taxation and of appropriation : — 
 
 Sec. 54. But not for appropriation to any purpose, that has not 
 been first recommended by message from the Governor General 
 in the same session, in which such vote, resolution, address or 
 bill, for appropriation of any tax or impost has been adopted. 
 
 Sec. 9 1 . The Parliament of Canada thus constituted, has powers, 
 as the Exclusive legislative authority of Canada ; — in all matters 
 enumerated in twenty-nine classes given in this section, to make 
 laws applicable to the same, for the peace, order and good govern- 
 ment of Canada. 
 
 (The classes are further classified, possibly to some advantage.) 
 
 Public Finances and Accounts. 
 
 1. The public debt and property. 
 
 3. The raising of money by any mode or system of taxation. 
 
19 
 
 4. The borrowing of money on the public credit. 
 
 The Medium of Circulation. 
 
 14. Currency and coinage. 
 
 15. Banking and incorporation of Banks and the issue of Paper 
 money. 
 
 18. Bills of Exchange and promissory notes. 
 
 20. Legal tender. 
 
 Relative to the Public Service. 
 
 8. The fixing of salaries of officers of Government. 
 
 5. Postal service. 
 
 9. Beacons, buoys, light-houses, &c., Sable island. 
 
 13. Ferries between a province — and any British or foreign 
 country, or between two provinces. 
 
 7. Militia, military and naval service and defence. 
 
 11. Quarantine — the establishment, &c., of Naval hospitals. 
 
 27. The Criminal law, excepting the constitution of Courts, but 
 including the Procedure. 
 
 28. The establishment, &c., of Penitentiaries. 
 
 6. The Census and statistics. 
 
 Relative to Class Interests. 
 
 2. Regulations of trade and commerce. 
 
 10. Navigation and shipping. 
 
 12. Sea-coast and Inland Fisheries. 
 
 24. The Indians, and lands reserved for them. 
 
 Institutions for general use of persons concerned. 
 
 17. Weights and measures. 
 
 16. Savings banks. 
 
 19. Interest. 
 
 21. Bankruptcy and insolvency. 
 
 25. Naturalization and aliens. 
 
 26. Marriage and divorce. 
 
 22. Patents of invention and discovery. 
 
 23. Copyrights and 
 
 29. All classes of subjects that are expressly excepted in the 
 2 * 
 
20 
 
 enumeration (see next see. 92) 10 a, £, c,) of the classes assigned 
 exclusively, to the Legislatures of the Provinces. 
 
 Item 13 (above) regarding Ferries has a larger sense than is first 
 thought of. Item 10 in section 92, (the next) which concerns the 
 exclusive powers of the Provincial Legislatures, expressly excepts 
 from their authority, and therefore, according to item 29 in this 
 sec., places under the Legislative authority of Canada, as 
 follows : 
 
 (a) Lines of steamships, railways, canals, telegraphs, &c., not 
 wholly within a particular province. 
 
 ( b ) Lines, &c., of ships between a province and any British or 
 Foreign country. 
 
 (c) Such works, which if local in one province, the Parliament 
 of Canada, declares to be for the general advantage. 
 
 Also provision is made that any matter coming within these 
 classes, shall not be deemed to come within the classes of local 
 and private matters, by this Act assigned to the Legislatures of the 
 Provinces. 
 
 The Federality of Legislation of the Government of Canada, 
 requires that the exclusive powers of the Provincial Legislatures 
 appear in immediate correspondence^with the foregoing declara- 
 tion of the Powers of the Parliament of Canada. It follows in the 
 Act Sec. 92, that in each province the legislature may exclusively 
 make Jaws in relation to matters coming within the classes of 
 subjects forthwith enumerated. Sixteen classes are given ; which 
 may further be classified, viz : 
 
 Relative to each Province in general. 
 
 1 . The amendment from time to time, of the constitution of the 
 province, except as regards the office of the Lieutenant Governor. 
 
 4. The establishment and tenure of provincial officers, their 
 appointment and payment. 
 
 13. Property and civil rights in the province. 
 
 12. The Solemnization of Marriage in the province. 
 
 14. The administration of Justice in the province, including the 
 constitution, &e., &c., of the provincial courts of civil and criminal 
 jurisdiction ; — -the procedure in the courts of civil jurisdiction. 
 
21 
 
 15. Imposition of Punishment of various kinds for enforcing 
 any law of the province. 
 
 6. The. establishment, &e., &c., of public and reformatory 
 prisons, in and for the province. 
 
 7. The establishment, &c., &c., of hospitals (other than Marine 
 hospitals,) asylums, charities, &c., &c., in and for the province. 
 
 Relative to the Public Property and Public Taxes. 
 
 5. The management and sale of the provincial public lands and 
 of the timber, &c., thereon. 
 
 3. The borrowing of money on the credit of the province. 
 
 2. Direct taxation within the province to raise a revenue for 
 provincial purposes. 
 
 9. Refers to a current of revenue, divisible to provincial, local 
 •or municipal purposes, viz., shop, saloon, tavern, auctioneer and 
 other licences. 
 
 Relative to particular places and undertakings therein. 
 
 8. Municipal Institutions. 
 
 10. Local works and undertakings. 
 
 11. The Incorporation of companies with provincial objects. 
 
 16. Generally all matters of a local or private nature. 
 
 Revenues , Debts, Assets, Taxation. 
 
 Sec. 108. The Dominion of Canada is estated, possessed and 
 charged of, and with the Public Works and Property of each Pro- 
 vince, as enumerated by the 3rd schedule to this Act, consisting 
 of ten particulars. And by 
 
 Sec. 117. Has right to assume further any lands, or public pro- 
 perty, required for fortifications, or for the defence of the country. 
 
 Sec: 107. All stocks, cash, Bankers’ balances and securities, for 
 money belonging to each Province, at the time of the Union, are 
 taken to the credit of the Dominion : — but, in reduction of the re- 
 spective debts of the Provinces at the Union. An exception of part, 
 is made to each Province — (sec. 110.) 
 
 Sec. 102. All duties and revenues over which the respective 
 Legislatures of Nova Scotia and New Brunswick before and at 
 the Union, had and have the power of appropriation, shall form one 
 
22 
 
 Consolidated revenue fund, to be appropriated for the public ser- 
 vice of Canada in the manner, and subject to the charges in this 
 Act provided. An exemption of part is made to the Legislature 
 of each Province. Sec. 126. 
 
 Sec. 103. The first charge on the Consolidated Revenue Fund of 
 Canada, shall be, the costs, charges and expenses incident to the 
 collection, management and receipt thereof — permanently charged, 
 — subject to be reviewed and audited, as shall be ordered by the 
 Governor in Council, until the Parliament otherwise provide. 
 
 Sec. 104. The annual interest of the Public debts of all the 
 several provinces at the time of the Union, shall form the second 
 charge on the said Fund. 
 
 Sec. 105. The Salary (which shall be £10,000 sterling money 
 of the United Kingdom) of the Governor General, shall form, the 
 third charge on the said Fund, unless altered by the Parliament of 
 Canada. 
 
 Sec. 106. The said Consolidated Revenne Fund of Canada being 
 previously subject to the several payments with which it is speci- 
 fically charged, shall be appropriated by the Parliament of Canada 
 for the public service. 
 
 Sec. 111. Canada shall be liable for the debts and liabilities, of 
 each province ; — existing at the Union : 
 
 Sec. 1 12. The debt of the Province of Canada at the Union, which 
 province takes its place in the Union, as the Provinces of Ontario 
 and Quebec, which are conjointly taken here, not exceeding at 
 the time $62,500,000. That of Nova Scotia at the Union, not 
 exceeding at the time $8,000,000. That of New Brunswick, not 
 exceeding at the time $7,000,000, — are all assumed for these pro- 
 vinces, by the Dominion, in these amounts, respectively, without 
 charge of interest. But in case Ontario and Quebec conjointly, or 
 Nova Scotia and New Brunswick respectively, exceed the allowed 
 amount, of each at the union, every one for what exceeds shall be 
 charged with interest at 5 per cent, per annum thereon. (Secs. 
 112, 114, 115.) 
 
 Secs. 120. All payments in discharge of liabilities created un- 
 der any Act of the Provinces of Canada, Nova Scotia, and New 
 Brunswick respectively, and assumed by the Dominion, shall be 
 
23 
 
 made in such manner and form as ordered by the Governor Gene- 
 ral in Council. 
 
 Sec. 116. Nova Scotia and New Brunswick in case their public 
 debt at the union do not amount to $8,000,000 and $7,000,000 re- 
 spectively, shall respectively receive on the difference, between 
 the actual and the allowed amount of their respective debts, half 
 yearly payments of interest, at 5 per cent, per annum, from the 
 government of Canada. 
 
 Sec. 118. The following sums, viz : 
 
 To the Province of Ontario $80,000 
 
 “ “ Quebec 70,000 
 
 “ “ Nova Scotia 60,000 
 
 “ “ New Brunswick 50,000 
 
 $260,000 
 
 shall be paid by Canada to the several provinces for the support 
 of their Government, and an annual grant shall be made of 80c. 
 per head of the population, ascertained by the census of 1861. 
 And in the case of Nova Scotia and New Brunswick — until the 
 population of each of those two provinces, amounts (as ascertained 
 by subsequent decennial census) to 400,000 souls ; — at which rate 
 such grants shall hereafter remain, and shall be in full settlement 
 of all future demands on Canada, and shall be paid half yearly 
 in advance. 
 
 But the Government of Canada shall deduct from such grants as 
 against any province, all sums chargeable as interest on the pub- 
 lic debt of that province, in excess of the amount allowed to that 
 province. 
 
 Sec. 119. A subsidy is provided for one province, viz : New 
 Brunswick shall receive by half yearly payments, in advance, 
 from Canada, (except as liable to a deduction as long as its pub- 
 lic debt remains under $7,000,000, equal to five per cent, per an- 
 num on such deficiency,) an additional allowance of $63,000 per 
 annum. Again, (Sec. 124,) it is thought just to secure that Pro- 
 vince in the right to levy lumber dues, provided in C. XV. of Title 
 III. of the Revised Statutes of New Brunswick, and while the 
 right is not used, for increasing the amount of such dues, which 
 can be levied only on its own lumber. 
 
24 
 
 Sec. 109. All lands, mines, minerals and royalties belonging' to 
 Canada, Nova Scotia and New Brunswick, at the Union, and all 
 suras then due or payable for such lands, &c., &c., shall belong to 
 the several Provinces of Ontario, Quebec, Nova Scotia and New 
 Brunswick, in w r hich the same are situate or arise, subject to any 
 trusts or interest existing in respect thereof, &c. 
 
 And subject (sec. 117) to the right of Canada to assume any 
 lands, &c., required for fortification or defence. 
 
 Sec. 126. Such portions of the duties and revenues of Canada, 
 Nova Scotia and New Brunswick, as are reserved to them by this 
 Act, (sec. 92) — with all revenue arising frpm direct taxation, &e., in 
 accordance with the powers conferred on them by this Act, shall, 
 in each province, form One Consolidated fund, for the public service 
 of the province. 
 
 The assets enumerated in the fourth schedule to this Act, be- 
 longing at the Union to the Province of Canada, shall be the pro- 
 perty of Ontario and Quebec conjointly. There are twenty-one 
 distinct assets in this schedule, generally adapted to the peculiar 
 use or benefit of one Province or the other, yet are they consigned 
 to them conjointly. 
 
 Sec. 94. Uniformity of Law and of the Procedure of Courts, and 
 (sec. 101,) a General Court of Appeal, which will be conducive to 
 uniformity, are proposed by this Act, and await only the conve- 
 nient time of Government and Parliament to be effected and 
 established in the Dominion, with a concurrent enactment of the 
 Provincial Legislatures. 
 
 The extension, proper to this improvement in the state of 
 the laws, and the rules of practice, in the several provincial 
 courts, is not inclusive of those of one province. Uniformity 
 in these matters, of law and its administration, is only just 
 and proper in the provinces that severally drew and passed 
 their laws at first, and the general series of them, from time to 
 time, and also their rules of practice of courts, from and according 
 to a common exemplar, which is their Parent-metropolitan State. 
 
 Three only of the provinces, Ontario, Nova Scotia and New 
 Brunswick having a common British origin, and having from the 
 first, respected the laws and law procedure of Great Britain as an 
 
25 
 
 exemplar, are prepared, and so only, are designed for this improve- 
 ment. 
 
 The province of Quebec, of French origin, at first, and for long 
 years legislated for, and ruled by and in conformity with France, the 
 metropolitan state ; and which, when passing from the French to the 
 British connection, by treaty, continually possessed, the established 
 laws and civil rights unaltered, is fitly and necessarily excepted. 
 
 The General Court of Appeal propounded, which will un- 
 doubtedly conduce to judicial uniformity, will include within the 
 extent of its authority, — this province with the others, only holding 
 its course differently as to the peculiarity of law and of law pro- 
 cedure in Quebec. 
 
 Judicial Patronage and Tenure. 
 
 Sec. 98. The judges of the courts of Quebec shall be selected 
 from the bar of that Province. It is permanently so to be. Also 
 (sec. 97) the judges of the courts of Ontario, Nova Scotia and 
 New Brunswick shall be selected from the respective bars of these 
 provinces provisionally, i. e., until the civil laws and the procedure 
 of courts in these provinces are made uniform. 
 
 Sec. 96. The Governor General shall appoint the Judges of the 
 superior, district and county courts in each province. 
 
 Sec. 99. Judges of the Superior Courts, hold office during good 
 behaviour : so, on address of the Senate or House of Commons 
 they are removeable by the Governor General. 
 
 Sec. 100. The salaries, allowances and pensions of the Judges 
 of the said courts, and of the admiralty courts in some instances, 
 shall be fixed and provided by the Parliament of Canada. 
 
 Secs. 96, 100. Judges of the Courts of Probate in Nova Scotia 
 and New Brunswick are excepted from the range of the Governor 
 General’s patronage and from dependence on Parliament for 
 salaries, &c. 
 
 Sec. 95. The Legislature in each province may make laws in 
 relation to agriculture in, and immigration into the Province. So 
 the Parliament of Canada may make laws in relation to agricul- 
 ture in, and immigration into all, or any of the provinces, which 
 take effect by their own force in all the Dominion. But any law 
 
26 
 
 of the legislature of a province, relative to such affairs shall have 
 effect in, and for the province, as long and as far only, as it is not 
 repugnant to any Act of Parliament of Canada. 
 
 By sec. 93, the Public Education in regard of the Future, is 
 settled at the Union, — it enacts that, “ in and for each Province 
 the Legislature of each may exclusively make laws in relation to 
 it,” provided — 
 
 1st. That nothing prejudicially affecting existing “right or 
 privilege with respect to Denominational schools” in any pro- 
 vince, be possible by any future Act of its Legislature. 
 
 2nd. That all the powers, privileges and duties conferred and im- 
 posed on the Separale schools and School Trustees of the Queen's 
 Roman Catholic subjects in Upper Canada, at the time of Union, 
 shall be and the same are hereby extended to the Dissentient 
 schools of the Queen’s Protestant and Roman Catholic subjects in 
 Quebec. The “ dissentient ” schools in Lower Canada or Quebec 
 are naturally to be understood as the schools of the Queen’s protes- 
 tant subjects, and are therefore on a par, with the separate schools of 
 the Queen’s Roman Catholic subjects in Upper Canada. They are 
 reciprocally — as due in equity — given and charged with powers, 
 privileges and duties. The political interest in the Union — of 
 separate or dissentient School parties, in Upper Canada and Lower 
 Canada is to support each other. 
 
 3rd. When in any Province a system of separate or dissentient 
 schools exists by law at the Union ; or wherein it is hereafter estab- 
 lished by the Legislature of the province, any Actor decision of any 
 provincial authority, affecting injuriously any right or privilege 
 which exists by law of the province — of the Protestant or Roman 
 Catholic minority, specially interested, in relation to Educa- 
 tion in such schools; — in such case, an Appeal shall lie to the 
 Governor General in Council. 
 
 4th. But if any such minority of the Queen’s subjects, are without 
 the advantage of law existing, in their respective province, in this 
 behoof: — Or in case any decision of the Governor General in Coun- 
 cil on any Appeal under this section, (as provided for, immediately 
 before,) is not duly executed by the proper provincial authority in 
 that behalf, ihen, and in every such case, the Parliament of 
 
27 
 
 Canada, may make remedial laws, as far only as the circum- 
 stances of each case require, for the due execution of the provisions 
 of this section, and of any decision of the Governor General in 
 Council under this section. 
 
 Political freedom and equality of rights and privileges of the 
 Queen’s subjects, Protestant and Roman Catholic, in the affairs 
 of Education throughout the Dominion, are intended ; and lapses or 
 checks in this behalf of the Provincial Governments and Legisla- 
 tures, the Government and Parliament of Canada, are to supply 
 and redress. 
 
PART II. 
 
 OF THE PROVINCIAL GOVERNMENTS AND LEGISLATURES. 
 
 A second part of this Summary of the Act of British North Ame- 
 rica, is of whatsoever applies to distinct “ part or parts,” i. e., pro- 
 vince or provinces, composed in the Union of Provinces of the 
 Dominion of Canada. These provinces as they existed, when this 
 event overtook them, were Canada, Nova Scotia and New Bruns- 
 wick. The changes that proceed in them severally — to adapt them 
 to the Union are not alike. But with peculiarities redoubled in 
 the case of Canada, duplicated in one or more respects in the 
 cases of Nova Scotia and New Brunswick. 
 
 The Province of Canada that entered into the Union as one, had 
 been before constituted as the two Provinces of Upper and Lower 
 Canada ; and in the Union, by the same Act that constitutes it, 
 the same two provinces, are constituted anew, out of the one pro- 
 vince as just before. And hereby the Province of Upper Canada is 
 to take the name of Ontario, and that of Lower Canada is to take 
 the name of Quebec. 
 
 Canada being thus qualified to enter into the Union, as the two 
 Provinces of Ontario and Quebec, with other two provinces, Nova 
 Scotia and New Brunswick, to make One Dominion, a $few 
 constitution of the Executive power in the Provinces in common, — 
 is to take place ; according to — 
 
 Sec. 58. For each province there shall be a Lieutenant Governor 
 appointed by the Governor General in Council under the Great Seal 
 (sec. 59,) to hold office during the pleasure of the Governor General. 
 But one so appointed, after the commencement of the first session 
 of the Parliament of Canada, shall not be removeable within five 
 years from his appointment, except he be removed for cause as- 
 signed, which shall be communicated to him in writing within a 
 month, and communicated to the Senate and to the House of 
 Commons by message within a week thereafter, if Parliament is 
 in session, or if not, when Parliament shall next be in session. 
 
30 
 
 All Lieutenant Governors may be first appointed, after the first 
 session of the Parliament of Canada, which, as far as it is peremp- 
 tory, need only to be, not later than six months after the Union (sec. 
 19.) Some interval, though not so far prolonged, there must be, and 
 some chief executive officer of each province appointed, for the 
 interval. 
 
 During the interval the Governor General, as authorized by sec. 
 14, “ may appoint any person or persons, jointly or severally, his 
 deputy or deputies, within any part or parts of Canada, subject to 
 any limitations or directions given by the Queen.” 
 
 See. 62. The provisions of this Act referring to the Lieutenant 
 Governor extend and apply to the Lieutenant Governor for the 
 time being of each province, or other chief executive officer or 
 administrator, carrying on the government of the province, how- 
 ever designated. 
 
 Sec. 61. Every Lieutenant Governor shall, before assuming the 
 duties of his office, make and subscribe before the Governor Ge- 
 neral, or some person authorized by him, oaths of allegiance and 
 office, similar, to those taken by the Governor General. 
 
 Sec. 60. The salaries of the Lieutenant Governors shall be fixed 
 and provided by the Parliament of Canada. 
 
 Sec. 65. The provisions of this Act referring to the Lieutenant 
 Governor in Council, shall be construed as referring to that officer, 
 acting by and with the advice of the Executive Council of the 
 province. 
 
 Sec. 67. The Governor General in Council may appoint an 
 Administrator, to execute the office and functions of Lieutenant 
 Governor during his absence, illness or other inability. 
 
 Sec. 68. The Seats of governments of the Provinces shall be : — of 
 that of Ontario — Toronto, of that of Quebec, the city of that name, 
 of that of Nova Scotia — Halifax, and of New Brunswick — Frede- 
 ricton, unless and until, the executive Government of any Province 
 otherwise directs. 
 
 Sec. 89. Respects both Parliament and the Legislatures. Each 
 of the Lieutenant Governors of Ontario, Quebec, and Nova Scotia 
 shall cause writs to be issued, for the first election of members for 
 the Legislative Assembly thereof, in such form and by such person 
 
31 
 
 as he thinks fit, at such time and addressed to such returning 
 officer, as the Governor General directs, and so that the first elec- 
 tion of members of the Assembly, for any electoral district or sub- 
 division thereof, shall be at the same time and at the same places 
 as the election of a member to serve in the House of Commons, for 
 Canada. Provision being made (sec. 88) that the House of As- 
 sembly of New Brunswick, existing by a quite recent election, shall 
 continue for the period, for which it was elected. 
 
 Sec. 128. 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, or some per- 
 son authorized by him, the oath of allegiance, in the 5th schedule 
 of this Act. 
 
 Sec. 90. Provisions of this Act, relating to, viz : (sec. 53) — Appro- 
 priation and Tax Bills, (sec. 54) — The recommendation of Money 
 Votes, (sec. 55.) — The Royal Assent to Bills, (sec. 56.)— The 
 Queen’s in Council, disallowance of Acts, (sec. 57) — The signifi- 
 cance of the Queen’s pleasure on Bills reserved ; — in which given 
 sections, — they apply to the Parliament of Canada by this, (sec. 
 90,) shall extend and apply to the Legislatures of the several pro- 
 vinces, &c., &c., with the substitution of the Lieutenant Governor 
 forjhe Governor, General, of the Governor General for the Queen, 
 and for the Secretary of State, of one year for two years, and of the 
 Province, for Canada. 
 
 Ontario and Quebec. 
 
 Notwithstanding the division of the Province of Canada, its tem- 
 porary laws have their course still. Sec. 137 provides that an Act of 
 Legislature of the one Province of Canada, not expired, is to have 
 continued, its proper force, which ceases not before its proper time, 
 and gives to any such temporary Act its full effect, — in place of the 
 Province of Canada, as it now applies : — in the Province of On- 
 tario, or in that of Quebec, or in any other relation that may be. 
 
 By secs. 139, 140, Proclamations under the Great Seal of the 
 disparted Province, issued before the Union, or proclamations so au- 
 thorized to be issued, and not issued before the Union; — in case of 
 such issued, whether relating to that province, or to Upper Canada 
 or Lower Canada, continue in like force and effect as if the Union 
 
32 
 
 in the Dominion had not been made. In case of those authorized 
 and remaining to be issued ; they may be issued by the Lieutenant 
 Governor of Ontario, or of Quebec, as the subject matter requires, 
 under the Great Seal thereof. 
 
 By sec. 136 the Great Seals of Upper and Lower Canada, as 
 used heretofore, are assumed for Ontario and Quebec respectively. 
 
 Sec. 138. The words “ Upper Canada” instead of Ontario, or 
 “ Lower Canada ” instead of Quebec, shall not invalidate deed, 
 writ, process, &c., &c. 
 
 Sec. 65. All powers, authorities and functions which, by due 
 authority whatsoever, were or are, before or at the Union, vested in 
 or exercisable, by the respective Governor, or Lieutenant Governor 
 of Upper Canada, Lower Canada or Canada, with the advice, or 
 with the advice and consent, of the respective Executive Councils 
 thereof, &c., &c., or by those Governors or Lieutenant Governors 
 individually, shall, as far as the same are capable of being exer- 
 cised, after the Union, in relation to the Governments of Ontario 
 and Quebec respectively, be vested in and shall and may be exer- 
 cised by the Lieutenant Governors of Ontario and Quebec respec- 
 tively, with the advice, or with the advice and consent of the re- 
 spective Executive Councils, or by the Lieutenant Governors 
 individually, as the case requires. 
 
 Sec. 63. The Executive Councils of Ontario and Quebec, shall 
 be composed of such persons, as the Lieutenant Governor, from 
 time to time, thinks fit, being in the first instance : 
 
 The Attorney General. 
 
 The Secretary and Registrar. 
 
 The Treasurer. 
 
 The Commissioner of Crown Lands and 
 
 The Commissioner of Agriculture and Public Works, 
 
 (These in both provinces, and moreover in Quebec ; — J 
 
 The Speaker of the Legislative Council and 
 
 The Solicitor General. 
 
 Sec. 135. Shews how all rights, powers, duties, &c., &c., at 
 the passing of this Act vested in, or imposed on the Attorney 
 Genera], Solicitor General, Secretary and Registrar for the Pro- 
 vince of Canada, Minister of Finance, Commissioner of Crown 
 
S3 
 
 Lands, Commissioner of Public Works, Minister of Agriculture, 
 and Receiver General, by law, — statute, or ordinance of Upper 
 Canada, Lower Canada or Canada, shall be vested in, or imposed 
 on any officer of Ontario or Quebec, to be appointed by the Lieu- 
 tenant Governor, in relation to the same, or any part of them. The 
 Minister of Agriculture, is to be as well, the Commissioner of Pub- 
 lic Works. It is from this source, of the Lieutenant Governor’s 
 patronage, that the Ministries of these two provinces according to 
 sec. 63, are at first formed, and this arrangement continues “ un- 
 til the Legislature of Ontario or Quebec otherwise provides.” 
 
 Sec. 81. The Legislatures of Ontario and Quebec respectively, 
 shall be called together, not later than six months after the Union. 
 
 Sec. 82. The Lieutenant Governor of each Province of Ontario 
 and Quebec shall, from time to time, in the Queen’s name, under 
 the Great Seal of the Province, summon and call together, the Legis- 
 lative Assembly of the respective province. Further, for the first 
 election, (by sec. 89,) all laws which at the Union, are in force ini 
 Ontario and Quebec respectively, are continued in force. 
 
 Sec. 84. The qualifications and disqualifications of persons to 
 be elected, or to sit and vote as members of the Assembly of 
 Canada, the qualification of voters, (for the district of Algoma, is- 
 provided peculiarly in this same section,) — the oaths to be taken by 
 such, the returning officers, their powers and duties, the proceed- 
 ings at elections, the periods for which they may be continued, 
 the trial of controverted elections, and the order of proceedings of 
 the trial, the vacating of the seats of members, and the issuing and 
 execution of new writs, in case of seats vacated, otherwise than by 
 dissolution of Parliament, (also for which see, sec. 41,) shall re- 
 spectively, apply to elections of members to serve in the respective 
 Legislative Assemblies of Ontario and Quebec. 
 
 It is to be borne in mind that both elections, viz., of a member 
 of the House of Commons of Canada, and of a member of the 
 Legislative Assembly of any Province, are to be made at the same 
 time and at the same places, at the first elections 
 
 Sec. 87. The rules and orders of the Legislative Assemblies of 
 Ontario and Quebec, that is to say, relating to the election of 
 a Speaker, originally and on vacancies, (secs. 44, 45,) the duties 
 3 
 
34 
 
 of Speaker, (sec. 46,) the absence of the Speaker, (sec. 47,) the 
 Quorum, (sec. 48,) and the mode of voting, (sec. 49,) are to be 
 found in the provisions of this Act respecting all the same parti- 
 culars, as they relate to of the House of Commons of Canada. By 
 this (sec. 87) they shall extend and apply to these Provincial Legis- 
 lative Assemblies. 
 
 Sec. 85. Every Legislative Assembly of Ontario, and every 
 Legislative Assembly of Quebec, shall continue for four years and 
 •no longer, from the day of returning the writs for choosing the 
 same ; subject to be dissolved before, by the Lieutenant Governor, 
 at his discretion. 
 
 Sec. 86. There shall be a session of the Legislature of On- 
 tario, and of that of Quebec, once at least in every year, so that 
 twelve months, shall not intervene, from the last sitting in one 
 session, to the first sitting of the next. 
 
 Sec. 141. The Penitentiary of the Province of Canada till 
 the Union ; shall continue the Penitentiary of Ontario and 
 'Quebec, made to take the place of the Province of Canada in the 
 Union. 
 
 Sec. 142. The division and adjustment of the debts, credits, 
 liabilities, &c,, &c., 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. The selection of these three 
 shall not be made, until the Parliament of Canada, and Legislatures 
 of Ontario and Quebec have met. The arbitrator chosen by the 
 Government of Canada, shall not be a resident, either in Ontario or 
 an Quebec. 
 
 Sec. 143. Of the records, books and documents of the Province 
 of Canada, the Governor General in Council, may, from time to 
 time order, that so many of the whole collection, as he thinks fit, 
 shall be appropriated to Ontario and Quebec. 
 
 Any copy more or less of the original, duly certified, by the 
 authorized keeper, shall be admitted as evidence. What part and 
 portion of the stock in question, is not appropriated to Ontario and 
 Quebec, they possess in common with the other provinces in the 
 Union. 
 
35 
 
 Separately enacted for Ontario. 
 
 Sec. 69. There shall be a Legislature consisting of the Lieu- 
 tenant Governor, and of one House styled the Legislative 
 Assembly. 
 
 Sec. 70. The Legislative Assembly shall be composed of eighty- 
 two members, to be elected to represent the eighty-two electoral 
 districts, set forth in the schedule (A) of this Act, until the Parlia- 
 ment of Canada otherwise provides, (sec. 40.) 
 
 Separately enacted for Quebec. 
 
 Sec. 71. There shall be a Legislature, consisting of the Lieu- 
 tenant Governor, and of two Houses, styled the Legislative Council 
 and the Legislative Assembly, respectively, of Quebec. 
 
 Sec. 72. The Legislative Council shall be composed of twenty- 
 four members, to be appointed by the Lieutenant Governor in the 
 Queen’s name under the Great Seal of Quebec. One being ap- 
 pointed to represent, each of the electoral districts of Lower 
 Canada referred to — see. 22 — which again refers to Schedule 
 A., Cap. 1 of the Consolidated Statutes of Canada, and each, 
 holding office for the term of his life, unless the Legislature 
 of Quebec assembled by this Act, otherwise provides. 
 
 Sec. 73. The qualifications of the Legislative Councillors of 
 Quebec, shall be the same, as those of the Senators of the Province. 
 
 Sec. 74. The place of one — and of the other, become vacant in 
 all like cases. In what cases the place of a Senator becomes va- 
 cant. (See sec. 31, items 1, 2 , 3, 4, 5.) 
 
 Sec. 128. Every member of the Legislative Council of Quebec 
 shall, before taking his seat therein, take and subscribe before the 
 Governor General, or some person authorized by him, the declara- 
 tion of Qualification, contained in the fifth schedule to this Act. 
 
 Sec. 75. When a vacancy happens in the Legislative Council 
 by resignation, death, or otherwise ; the Lieutenant Governor in the 
 Queen’s name, under the Great Seal of Quebec, shall appoint a 
 fit and qualified person, to fill the vacancy. 
 
 Sec, 77. The Speaker of the Legislative Council of Quebec, — 
 the Lieutenant Governor from time to time appoints, under the 
 the Great Seal of Quebec. He must be a member, whom he ap- 
 3* 
 
36 
 
 points to be Speaker thereof, and he may remove him, and appoint 
 another in his stead. 
 
 Sec. 78. At least ten members of the Council, including the 
 Speaker, shall be necessarily present, to constitute a meeting, for 
 the exercise of its powers, until the Legislature of Quebec other- 
 wise provides. 
 
 Sec. 79. Decision of questions arising in the Legislative Coun- 
 cil of Quebec, shall be, by a majority of votes, the Speaker shall in 
 all cases have a vote. The decision shall be deemed to be nega- 
 tive, when the votes are equal. 
 
 Sec. 80. The Legislative Assembly of Quebec shall be com- 
 posed of sixty-five members, to be elected to represent, the sixty- 
 five electoral divisions of Lower Canada in this Act referred to, 
 (see sec. 40-2, Quebec,) subject to alteration thereof, by the Legis- 
 lature of Quebec, but it shall not be lawful, to present to the 
 Lieutenant Governor for assent, — a bill for altering the limits of any 
 of the electoral divisions, &c., 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 members representing all those electoral divisions, &c. 
 Also, unless an address has been presented by the Legislative 
 Assembly to the Lieutenant Governor, stating that it has so passed, 
 the assent shall not be given to such bill. 
 
 Sec. 144. The Lieutenant Governor may, from time to time, by 
 proclamation under the Great Seal of the Province, constitute 
 townships, in those parts of the province of Quebec in which 
 townships are not to be found, and fix the metes and bounds 
 thereof, to take effect, from a day appointed therein. 
 
 Nova Scotia and New Brunsivick. 
 
 The two Provinces, Nova Scotia and New Brunswick having 
 their respective Constitutions in force and exercise at the time of 
 the Union, only such adaptations as are necessary for Union, are 
 provided for. 
 
 Sec. 64. The constitution of the Executive authority in 
 Nova Scotia and New Brunswick shall, subject to the provisions 
 of this Act, continue as it exists, in the Union. 
 
37 
 
 Sec. 88. The constitution of the Legislature of each of the said 
 Provinces, shall, subject to the provisions of this Act, continue as it 
 •exists at the Union, and until altered under the authority of this 
 Act. Sec. 95, relating to uniformity of laws, and law procedure, 
 is elsewhere noticed. 
 
 If it is fit to be made known in this connection, that both these 
 Provinces, have their legislatures formed of Lieutenant Governor, 
 now vice Governor General on behalf of the Queen, a Legislative 
 Council chosen by him in the Queen’s name, ol Residents in 
 the respective Province, designated for life, and of a House 
 of Assembly consisting of members chosen for four years by 
 voters qualified on very easy terms, in counties, townships and 
 cities. In the Houses of Assembly, the people of these Provinces 
 are represented by a larger number of Members, in regard of the 
 •census of the population, than the people of Canada, in their 
 Legislative Assemblies ; there is published in proof of this — 
 
 “ A Tabular Statement of the ratio of Legislative population 
 based on the census of 1 86 1 : 
 
 Canada, 1 Representative to every 19,241 individuals. 
 
 Nova Scotia, “ “ “ 6,016 “ 
 
 New Brunswick, a “ “ 6,147 “ 
 
 “ Thus it appears that in Canada [Provincial] one member of 
 Parliament represents three times as many inhabitants, as one does 
 in either Nova Scotia or New Brunswick.” — {Monro's Hist. Sf 
 Statistics of British North America, 1864.) 
 
AN ANALYTICAL INDEX OF THE BRITISH NORTH 
 AMERICA ACT. 
 
 For ready separate use of the Sections of this Act, this Index is prepared, 
 which vei-y often may prove useful, rather than the summary part. 
 
 The contents of this Act, are noticed in the same order, as that 
 in which they take place in the Act. 
 
 The current marginal indices, to the tenor of the sections, being 
 in their nature analytical, are brought forward ; they lead off, — in 
 the series in which they occur, — the fuller analysis, which is to 
 follow. 
 
 CLASS I. 
 
 Sec. 1 and 2 are self-explaining and are noticed already. 
 
 CLASS II. UNION. 
 
 Sec. 3. “ Declaration of Union ” by proclamation by the Queen, 
 — makes it a fact. The Provinces of Canada, Nova Scotia and 
 New Brunswick in virtue thereof, from the date given “ form and 
 be one Dominion, under the name of Canada.” 
 
 Sec. 4. “ Construction of subsequent provisions of Act,” this 
 provides that they commence and take effect on and after the 
 date above said. It also fixes the meaning of the word Canada, 
 as applied— newly in the Act. 
 
 Sec. 5. “ Four provinces ” divided and named. 
 
 Sec. 6. “ Provinces of Ontario and Quebec ” assigned in the 
 place of the late province of Canada. 
 
 Sec. 7. “ Provinces of Nova Scotia and New Brunswick ” are 
 not altered in their limits. 
 
 Sec. 8. “ Decennial Census” is hereby required, and that the 
 respective populations of the four Provinces be distinguished, in- 
 asmuch as Parliamentary representation, &c., are founded on 
 Population. 
 
39 
 
 CLASS III. EXECUTIVE POWER ORIGINATED AND ORGANISED, AS 
 
 CONTINUAL IN THE DOMINION. 
 
 Sec. 9. “ Declaration of Executive power” to continue and be 
 vested in the Queen. 
 
 Sec. 10. “ Application of provisions referring to Governor Gene- 
 ral — to the Chief executive officer, however styled, carrying oa 
 the Government of Canada, for the Queen.” 
 
 Sec. 11. “Constitution of a Privy Council in Canada.” A 
 form of Council of Government, made new for the Dominion, to 
 be styled “ the Queen’s Privy Council.” 
 
 Sec. 12. “ All powers under Acts to be exercised by the Governor 
 General, with advice of Privy Council or alone.” The “ Acts,” 
 sources of the powers collated on the Governor Genera!, are such 
 Imperial or Provincial Acts, whereby at the Union, — powers are 
 vested in or exercised by the respective Governors of Upper Canada, 
 Lower Canada, Canada, Nova Scotia and New Brunswick, with 
 the advice of Executive Council, or alone, now to be vested in, and 
 exercised by, the Governor General, with a like difference. 
 
 Sec. 13. “ Application of provisions referring to Governor Gene- 
 ral in Council,” i. provisions of this Act, using this form of 
 words, — refer to thatChief officer, acting by, and with advice of the 
 Queen’s Privy Council for Canada. 
 
 Sec. 14. “.Power to Her Majesty, to authorize the Governor 
 General to appoint Deputies,” whereby ordinarily, Lieutenant 
 Governors of Provinces, will be appointed, &c., subordinate to the 
 Governor General, under the Queen. It is a section which also 
 may have a provisional application. 
 
 Sec. 15. “ Command of armed Forces to continue to be vested 
 in the Queen.” 
 
 Sec. 16. “ Seat of Government of Canada” shall be Ottawa, 
 until changed by the Queen. 
 
 CLASS IV. LEGISLATIVE POWERS OF THE DOMINION. 
 
 Sec. 17. “ Constitution of Parliament of Canada.” One Par- 
 liament, consisting of the Queen, the Senate and the House of 
 Commons. 
 
40 
 
 Sec. 18. “ Privileges, &c., of Houses ” to £>e defined respectively, 
 from time to time, by Act of the Parliament of Canada, but shall 
 never exceed, those of the Commons House of Parliament of the 
 United Kingdom. 
 
 Sec. 19. “ First session of the Parliament of Canada,” When, 
 after the Union — it shall be called together. 
 
 Sec. 20. “ Yearly session of the Parliament of Canada ” shall 
 be called. 
 
 The Senate. 
 
 Sec. 21. The “ number of Senators.” 
 
 Sec. 22, The “ representation of Provinces in the Senate,” to 
 consist in three divisions, named, with peculiarities, in some cases. 
 
 Sec. 23. “ Qualifications of Senator ” to be uniformly applicable 
 to the Provinces, in five articles ; a sixth article to qualify, concerns 
 Quebec only. 
 
 Sec. 24. “Summons of Senator” shall be, from time to time, 
 by the Governor General in the Queen’s name : — 
 
 Sec. 25. “ Summons of the first body of Senators,” — excepted: 
 They are summoned by the Queen’s warrant, and their names in- 
 serted in the Proclamation ol Union. ( See Appendix A.) 
 
 Sec. 26. “ Addition of Senators in certain cases ” practicable, in 
 either the number three, or six, according to the three divisions of 
 Canada. 
 
 Sec. 27. “ Reduction of Senate to normal number ” is to be after- 
 wards made ordinarily, as vacancies may occur. 
 
 Sec. 28. “ Maximum number of Senators ” not to exceed 
 seventy-eight. 
 
 Sec. 29. “ Tenure of place in Senate” shall be for life, except — 
 
 Sec. 30. “ Resignation of place in Senate ” by a Senator writing 
 to the Governor General, to resign his place, and 
 
 Sec. 31 “ Disqualification of Senators ” in any one of five cases 
 defined. 
 
 Sec. 32. “ Sammons on vacancy in Senate ” to be issued bv the 
 Governor General, to a fit and qualified person. 
 
 Sec. 33. “ Questions, as to qualifications and vacancies, in Se- 
 nate ” shall be heard and determined, by the Senate. 
 
41 
 
 Sec. 34. “ Appointment of Speaker of Senate ” to be made, of a 
 member of the Senate, by the Governor General, who may remove 
 one and appoint another. 
 
 See. 35. “ Quorum of Senate ” is to be at least fifteen, including 
 the Speaker, until Parliament otherwise provides. 
 
 Sec. 36. “ Voting in the Senate.” Questions, arising shall be 
 decided by a majority of voices. The Speaker in all cases has a 
 vote. If votes are equal — the division shall be deemed in the 
 negative. 
 
 The House of Commons. 
 
 Sec. 37. “ Constitution of the House of Commons in Canada,” 
 which shall consist of 181 members, which shall be elected for 
 Ontario 82, for Quebec 65, for N ova Scotia 19, for New Bruns- 
 wick 15. 
 
 Sec. 38. The “ summoning of the Houses of Commons,” from 
 time to time, is to be, by the Governor General’s instrumentality 
 in the Queen’s name. 
 
 Sec. 39. “ Senators not to sit in the House of Commons.” 
 
 Sec. 40. “ Electoral Districts of the four Provinces ” Ontario, 
 Quebec, Nova Scotia and New Brunswick, — shall be divided, for 
 the purposes of the election of members of the House of Commons, 
 as is herewith pointed out respectively for the Provinces. 
 
 Sec. 41. “ Continuance of existing Election laws, until Parlia- 
 ment of Canada otherwise provides.” Provided in addition for 
 the district of Algoma, Ontario, that every British subject, twenty- 
 one years of age, or more, and a householder shall have a vote, 
 until otherwise provided by the Parliament of Canada. 
 
 Sec. 42. “ Writs for first election ” to be issued by such person, 
 in such form, and addressed to such returning officer, as the Gover- 
 nor General thinks fit. 
 
 Sec. 43. “ As to casual vacancies,” if one, happens before the 
 meeting of the Parliament, or (after, if,) before the Parliament pro- 
 vides in this behalf ; — the provisions of the last foregoing section of 
 this Act, have force, in respect of such vacant district. 
 
 Sec. 44. “ As to election of Speaker of House of Commons ” by 
 the House, — of one of its Members. 
 
42 
 
 Sec. 45. “ As to filling up vacancy in office of Speaker,” the 
 House,— shall proceed with all practical speed. 
 
 Sec. 46. “ Speaker to preside ” at all meetings of the House. 
 
 Sec. 47. “ Provision in case of absence of Speaker ” for forty- 
 eight consecutive hours. 
 
 Sec. 48. “ Quorum of House of Commons ” shall be at least 
 twenty, and the Speaker, shall be one reckoned. 
 
 Sec. 49. “ Voting in the House of Commons.” Questions shall 
 be decided by a majority. When the voices are equal, not other- 
 wise, the Speaker shall have a vote. 
 
 Sec. 50. “ Duration of the House of Commons ” — is for five years 
 from the day of the Return, unless dissolved, by the Governor 
 General. 
 
 Sec. 51. “Decennial re-adjustment of Representation” in con- 
 formity with the variations apparent, in the decennial Census. The 
 rule of assignment toother provinces, is made in respect of a fixed 
 number of sixty-five members for Quebec. 
 
 No reduction of members shall take place in any province, un- 
 less its population, be diminished, one twentieth part, since the last 
 before census taken, and such re-adjustment is not to be made, 
 until the present Parliament has come to an end. 
 
 Fractional parts of the whole number requisite for a title to a Mem- 
 ber, less or more, for the province, — go for nothing, if not exceeding 
 one half, but are taken for as good as the whole, if exceeding. 
 
 Sec. 52. “ Increase of members of the House of Commons ” mav 
 be made by the Parliament, provided it agree with proportionate 
 representation prescribed for the provinces. 
 
 Money votes , Royal assent. 
 
 Sec. 53. “ Appropriation and Tax Bills ” shall originate in the 
 House of Commons. 
 
 Sec. 54. “ Recommendation of money votes.” Any appropria- 
 tion, to any purpose, that has not been first recommended by the 
 Governor General, — in lhat session, shall not be lawful for the 
 House of Commons. 
 
 Sec. 55. “ Royal assent to Bills, &c.” On a bill presented to the 
 Governor General for the Queen’s assent, he shall declare, — either 
 
43 
 
 that he assents, in the Queen’s name, or withholds Her assent, or 
 that he reserves the Bill, to know Her pleasure. 
 
 Sec. 56. “ Disallowance by Order in Council, of Act assented to 
 by Governor General.” An authentic copy of a Bill that the 
 Governor General assents to, he shall send without delay, to one of 
 Her Majesty’s principal Secretaries of State : — and if within two 
 years, after his receipt thereof, (he, certifying the date of it,) the 
 Queen in Council, thinks fit to disallow the Act, such disallowance 
 with such certificate had, being signified duly, by the Governor 
 General, shall annul the Act, from and after the day of such 
 signification. 
 
 Sec. 57. “ Signification of Queen’s pleasure on Bill reserved.” 
 From the day on which a Bill reserved, for the Queen’s pleasure 
 be signified ; — unless and until two years therefrom, the Governor 
 General duly signifies, that it has received the assent of the 
 Queen in Council, — it shall not have any force, before the said 
 term be past. Every such speech, message to parliament, or pro- 
 clamation whereby the Governor General signifies the Queen’s 
 pleasure in respect qf a Bill, shall have an entry made of it, in the 
 journal of each House, and a duplicate thereof, be kept among the 
 records of Canada. 
 
 CLASS V. PROVINCIAL CONSTITUTIONS. 
 
 Sec. 58. “ Appointment of Lieutenant Governors of Provinces,” 
 shall be. by the Governor General in Council. 
 
 Sec. 59. “ Tenure of office of Lieutenant Governor.” Any 
 Lieutenant Governor appointed, after the commencement of the 
 first session of the Parliament of Canada, shall not be removeable 
 for five years ; but in this sense, he shall hold office during the 
 pleasure of the Governor General, i. e., he, may order his removal 
 for cause assigned, and duly communicated to him ; — and to the 
 Senate and to the House of Commons thereafter. 
 
 Sec. 60. “ Salaries of Lieutenant Governors ” shall be fixed 
 and provided, by the Parliament of Canada. 
 
 Sec. 61. “ Oaths, &c., of Lieutenant Governor.” Before assum- 
 ing the duties of his office, he shall make and subscribe — as in 
 this section directed. 
 
44 
 
 Sec. 62. “ Application of provisions referring to Lieutenant Go- 
 vernor.” if need be, to other Chief executive officer, for the time 
 being, of the province. 
 
 Sec. 63. “ Appointment of executive officers for Ontario and 
 Quebec.” In the first instance, — of such officers as are enumerated 
 in this section, — and, from time to time, the Executive Council 
 shall be composed of such persons as the Lieutenant Governor 
 thinks fit. 
 
 Sec. 64. “Executive Government of Nova Scotia and New 
 Brunswick,” — in each, of these provinces, shall continue, as it 
 exists at the Union, until altered under the authority of this Act. 
 
 Sec. 65. “ Powers to be exercised by Lieutenant Governor of 
 ■Ontario or Quebec with advice or aloile.” All powers, authorities 
 and functions as before, or at, the Union that were vested in, or exer- 
 cisable, by the respective Governors or Lieutenant Governors of 
 Upper Canada, Lower Canada or Canada : — in Council, or indivi- 
 dually, shall as far as the same are capable of being exercised after 
 the Union, in relation to the governments of Ontario and Quebec 
 respectively, be vested in and exercised by the Lieutenant Gover- 
 nor of Ontario and Quebec, in Council, or individually, subject, 
 to given possible alterations. 
 
 Sec. 66. “ Application of provisions referring to ‘ Lieutenant 
 Governor in Council.’ ” Such provisions, shall be construed, as 
 referring to that Chief officer of the province, acting by and with 
 the advice of the Executive Council thereof. 
 
 Legislative Power. 
 
 Sec. 69. The “ Legislature for Ontario.” There shall be a Le- 
 gislature, — of the Lieutenant Governor, and one House, styled the 
 Legislative Assembly of Ontario. 
 
 Sec. 70. “ Electoral districts.” The eighty-two districts set 
 forth in the 1st schedule of this Act, shall elect to represent them 
 eighty-two members, of which the Legislative Assembly of Ontario 
 shall be composed. 
 
 Sec. 7 1 . The “ Legislature for Quebec ” shall be the Lieutenant 
 Governor and two Houses, styled the Legislative Council and the 
 Legislative Assembly of Quebec. 
 
45 
 
 Sec. 72. “ Constitution of Legislative Council ” which shall be 
 of Twenty-four members, to be appointed by the Lieutenant Gover- 
 nor in the Queen’s name, being, one to represent each of the 
 24 electoral divisions of Lower Canada, and each member holding 
 office for the term of his life, unless the Legislature of Quebec 
 otherwise provides, &c. 
 
 Sec. 73. “ Qualifications of Legislative Councillors” shall be 
 the same, as those of the Senators, for Quebec. 
 
 Sec. 74. “ Resignation, disqualification, &c.” The place of a 
 Legislative Councillor, shall become vacant mutatis-mutandis , in 
 which the place of Senator, becomes vacant. 
 
 Sec. 75. “Vacancies.” — When a vacancy happens, the Lieu- 
 tenant Governor, in the Queen’s name, &c., shall appoint a fit and 
 qualified person, to fill the vacancy. 
 
 Sec. 76. “ Questions as to vacancies, &c.,” i. e., as to qualifi- 
 cation of a Legislative Councillor, or a vacancy in the Legislative 
 Council, shall be heard and determined, by the Legislative 
 Council. 
 
 Sec. 77. “ Speaker of Legislative Council.” The Lieutenant 
 Governor may appoint one, remove, — and appoint another member, 
 to be Speaker of the Council, from time to time. 
 
 Sec. 78. “ Quorum of Legislative Council,” at least ten 
 Members including the Speaker, shall be necessary to constitute 
 an effective meeting. 
 
 Sec. 79. “ Voting in Legislative Council,” shall be decided by 
 a majority, — the Speaker in all cases having a vote. The decision 
 shall be deemed to be in the Negative, when the voices are 
 equal. 
 
 Sec. 80. “ Constitution of Legislative Assembly of Quebec,” 
 Sixty-five members to be elected to represent the 65 electoral dis- 
 tricts of Lower Canada, in this Act referred to (sec. 40-2) shall 
 compose the Assembly. No Bill, may lawfully be presented, to 
 the Lieutenant Governor for his assent, altering the limits of any 
 electoral district, unless the 2nd and 3rd readings, have been passed 
 in the Assembly, by a majority, representing all the electoral dis- 
 tricts, and an address, has been presented to the Lieutenant 
 Governor, stating it has been so passed. 
 
46 
 
 Ontario and Quebec. 
 
 Sec. 81. “First session of Legislatures” respectively, — to be 
 held not later, than six months after the Union. 
 
 Sec. 82. “ Summoning of Legislative Assemblies.” From time 
 to time the Lieutenant Governor, in the Queen’s name, shall sum- 
 mon and call them together. 
 
 Sec. 83. “ Restriction on Election of holders of Offices ” applies 
 to a person, in Ontario or Quebec, in any office, commission or em- 
 ployment, permanent or temporary, at the nomination of the Lieu- 
 tenant Governor, to which profit of any kind or amount, whatever, 
 from the Province, is attached ; but does not apply to any one, 
 Member of the Executive Council of the respective Province, or 
 to Officers particularised, of the Administration of the province, 
 provided, such an one, — is elected, while in Office. 
 
 Sec. 84. “ Continuance of existing Election Laws,” as existing 
 at the time of the Union — in Upper or Lower Canada, in the case 
 of “ Election of Members of the Assembly of the Province of 
 Canada.” In particulars given, they shall respectively apply to the 
 Elections of Members, to serve in the respective Assemblies of 
 Ontario and Quebec ; — provided in addition, for the district of 
 Algoma (Ontario) that every British subject, twenty-one years or 
 more, and a householder, shall have a vote, until otherwise pro- 
 vided by the Legislature of Ontario. 
 
 Sec. 85. “Duration of Legislative Assemblies.” Not being 
 sooner dissolved, by the Lieutenant Governor ; — they shall continue 
 for four years. 
 
 Sec. 86. “ Yearly session of Legislature.” There shall be a 
 Session, once at least, in every year, in each province. 
 
 Sec. 87. “ Speaker, Quorum, &c.” The provisions of sections 
 44, 45, 46, 47, 48, 49 respecting the House of Commons of Canada, 
 — -in the cases, shall extend and apply to, the Legislative Assem- 
 blies of Ontario and Quebec. 
 
 Nova Scotia and Neiu Brunswick. 
 
 See. 88. “ Constitution of Legislatures of — ” shall, subject to 
 this Act, continue as they exist at the Union, until altered under 
 this Act. 
 
47 
 
 Ontario , Quebec and Nova Scotia . 
 
 Sec. 89. “ First elections ” to be ordered, by each of the Lieu- 
 tenant Governors, of these Provinces respectively, so, — that the first 
 election of Member of Assembly for any electoral district, shall be 
 held, at the same time and at the same places, as the election, for 
 a member of the House of Commons of Canada. 
 
 The Four Provinces. 
 
 Sec. 90. “ Application to Legislatures, of Provisions respecting 
 money-votes, &c,’’ — Sections 54, 55, 56 and 57 make the provisions 
 referred to, which by force of this section, shall extend and apply to 
 the Legislatures of the several Provinces, according to the change 
 of immediate relation of parties concerned ; in the item of time, 
 however, but one year, is the limited time in this case. 
 
 CLASS VI. DISTRIBUTION OF LEGISLATIVE POWERS. 
 
 Powers of the Parliament. 
 
 Sec. 91. “ Legislative Authority of Parliament of Canada.” — - 
 Classes of subjects, by this Act, section 92, being assigned exclu- 
 sively to the Legislatures of the Provinces, are declared to be not 
 thereby, so assigned, as to restrict the general force of terms of this 
 section, viz : “ 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.” 
 Also the exclusive Legislative Authority of the Parliament of 
 Canada extends to all matters within Twenty-nine Classes of sub- 
 jects, then enumerated, none of which shall be deemed to come 
 within the class of matters, of a local and private nature ; — then, the 
 10th class assigned exclusively, to the Legislatures of the Provinces, 
 expresses exceptions, designated a, b, c, of such local works or 
 undertakings, as are assumed to the Legislation of the Parliament 
 of Canada. 
 
 Exclusive powers of Provincial Legislatures. 
 
 Sec. 92. “ Subjects of exclusive Provincial Legislation,” come 
 within 16 Classes, then enumerated. 
 
48 
 
 Education. 
 
 See. 93. “ Legislation respecting Education” in and for each 
 Province. The Legislature, may exclusively make laws, provided r 
 
 1. Right or privilege, which any class of persons have by law 
 in the province, at the Union, to Denominational Schools, be not 
 prejudiced. 
 
 2. Separate Schools and School Trustees, as provided by the 
 law of Upper Canada, for Roman Catholic subjects, are hereby and 
 to the same effect, authorized, for dissentient subjects, in the Pro- 
 vince of Quebec. 
 
 3. 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 Protestant or Roman Catholic minority. 
 
 4. What to the Governor General in Council seems requisite, for 
 the due execution of this Act, is of force of law,— as far only, as the 
 circumstances of each case require. The Parliament may in ease 
 of any such right, &c., prejudiced, enact remedial laws ; or a law 
 to enforce, the decision of the Government. 
 
 Uniformity of Laws in Ontario , Nova Scotia and New Brunswick, 
 
 Sec. 94. “ Legislation for uniformity of laws ” in 3 provinces, 
 viz : Nova Scotia, New Brunswick and Ontario, of British origin : 
 For uniformity of the laws relative to property and civil rights — and 
 of the procedure of the Courts in these Provinces, the Parliament 
 of Canada has power to make laws ; but any act of Parliament 
 for such uniformity, shall not have effect in any Province, unless 
 adopted by the Legislature thereof. 
 
 Agriculture and Immigration. 
 
 Sec. 95. “ Concurrent powers of Legislation, respecting Agri- 
 culture, &c.,” only, the law of the Parliament of the Dominion — 
 may not be hindered, in case of repugnancy of the Provincial 
 Legislation. 
 
 CLASS VII. JUDICATURE. 
 
 Sec. 96. “ Appointment of Judges,” to be by the Governor 
 General, in the Superior, District and County Courts in each 
 
49 
 
 Province : Courts of Probate in Nova Scotia and New Brunswick 
 excepted. 
 
 See. 97. “ Selection of Judges in Ontario, &c.” Until the laws 
 of Property and Civil rights, and the procedure of Courts are made 
 uniform in Ontario, Nova Scotia and New Brunswick, the Judges 
 of the Courts, shall be selected, from the respective Bars of those 
 Provinces. 
 
 Sec. 98. “Selection of Judges in Quebec ” shall be from the 
 Bar of that Province. 
 
 Sec. 99. “Tenure of Office of Judges of Superior Courts” is 
 during good behaviour ; — otherwise they shall be removeable, on 
 address of the Senate and House of Commons, by the Governor 
 General. 
 
 Sec. 100. “ Salaries &c., of Judges ” of Superior, District and 
 County Courts, shall be fixed and provided, by the Parliament of 
 Canada. Also, Judges of Admiralty Courts, where and when 
 paid by Salary, but not those of the Courts of Probate, in Nova 
 Scotia and New Brunswick. 
 
 Sec. 101. “General Court of Appeal, &c,” the Parliament of 
 Canada, may provide for its establishment, and for that of any 
 additional Courts, for Canada. 
 
 CLASS VIII. REVENUES, DEBTS, ASSETS, TAXATION &C. 
 
 Sec. 102. “ Creation of Consolidated Revenue Fund,” One Con- 
 solidated Fund, shall be formed of all Duties and Revenues of 
 Legislatures of Canada, Nova Scotia and New Brunswick before, 
 and at the Union, to be appropriated for the Public service of 
 Canada, in the manner by this act provided. Except suel® 
 portions, as are, by this Act, reserved to the respective Legislatures 
 of Provinces’ disposition, &c. 
 
 Sec. 103. “ Expenses of Collection, &c.” Expenses incident 
 to the Collection, management and receipt thereof, shall form,, the 
 first charge thereon : it shall be audited, as ordered by Governor* 
 General in Council, &c. 
 
 Sec. 104. “ Interest of Provincial Public Debts,” i. e., of the 
 several Provinces at the Union ; — shall form the second charge on 
 that Fund. 
 
 4 
 
50 
 
 Sec. 105. “ Salary of Governor General” shall be Ten thousand 
 pounds sterling, payable out of that fund ; and shall form, the third 
 charge thereon, subject to the Parliament of Canada. 
 
 Sec. 106. “ Appropriation from time to time ” of this Fund, after 
 being so subjected, shall be made by the Parliament of Canada for 
 the Public service. 
 
 Sec. 107. “ Transfer of Stocks, &e. ” all Stocks, Cash, Banker’s 
 balances, and securities. for money, belonging to each Province, at 
 the time of Union, — shall be the property of Canada, and taken in 
 reduction of the respective Debts of the Provinces, at the time, 
 except as in this act mentioned, Sec. 109, 110. 
 
 Sec. 108. “ Transfer of property in Schedule,” i. e., the 3rd 
 Schedule to this Act, — of Public Works, &c., of each Province, 
 which shall be the property of Canada. 
 
 Sec. 109. “ Property in Lands, Mines, &c.,” all such property 
 of Canada, Nova Scotia and New Brunswick at the Union, and 
 all sums then due or payable, for such Lands, Mines, Minerals, 
 Royalties shall belong to the several Provinces in which they are ; 
 — subject, to any trust or interest, existing in respect thereof. 
 
 Sec. 110. “Assets connected with provincial debts,” i. e. with 
 portions, of the Public debts of each Province ; — assumed by it 
 shall belong to that Province. 
 
 Sec. 111. “Canada to be liable to Provincial Debts,” i. e. for 
 the debts and liabilities of each Province, existing at the Union. 
 
 Sec. 112. “ Debts of Ontario and Quebec,” if any, — the amount 
 more, — of the debt of the Province of Canada, at the Union, than 
 $62,500,000, and with interest to be charged at 5 per cent, per 
 annum, on the exact excess of amount. 
 
 Sec. 113. “ Assets of Ontario and Quebec ” shall be such, as are 
 enumerated in the 4th Schedule to this Act, belonging at the 
 Union, to the Province of Canada. 
 
 Sec. 114. “ Debt of Nova Scotia ” to Canada, if any, the amount 
 by which, its public debt at the Union, exceeds 8 million dollars, 
 with interest, as charged in the case of Ontario and Quebec. 
 
 Sec. 115. “ Debt of New Brunswick” to Canada, if any, the 
 amount by which, its public debt at the Union, exceeds $7,000,000, 
 with interest, as charged Ontario, Quebec and Nova Scotia. 
 
51 
 
 Sec. 116. “ Payment of interest, to Nova Scotia and New Bruns- 
 wick.” They shall respectively receive, by half yearly payments, 
 in advance from Canada, interest at 5 per cent, per annum, on the 
 difference (less), between the actual, and stipulated amount of 
 their respective debts. 
 
 Sec. 117. “Provincial public property.” All their respective 
 public property — the several provinces shall retain ; yet Canada 
 has Right to assume, any Lands required for fortifications or 
 defence. 
 
 Sec. 118. “ Grants to Provinces” by Canada, for the support of 
 their Governments and Legislatures . 
 
 Ontario $80,000 
 
 Quebec 70,000 
 
 Nova Scotia 60,000 
 
 New Brunswick. 50,000 
 
 $260,000 
 
 and an annual grant of 80 cents per head, of the population in 
 1861 in each province ; and in the case of Nova Scotia and New 
 Brunswick, until the population of each amounts to 400,000, by 
 decennial census, at which rate such grant shall remain. It fol- 
 lows in this section, how the payment shall be made by Canada, 
 to* each province, with a deduction, to be made in given circum- 
 stances in the case of each. 
 
 Sec. 119. “ Further grant to New Brunswick ” — for 10 years, 
 by half yearly payments, of an additional sum of $63,000 per 
 annum, with a deduction, to be made in given circumstances. 
 
 Sec. 120. “ Form of payments ” in discharge of any liabilities, 
 assumed by Canada, created, under any Act of the provinces of 
 Canada, Nova Scotia and New Brunswick, shall be, as may 
 from time to time, be ordered by the Governor General in Council, 
 alterable by Parliament. 
 
 Sec. 121. “ Canadian manufactures, &c.” All articles of the 
 growth, produce or manufacture of any one of the provinces, shall, 
 from the Union, be admitted free, into another. 
 
 Sec. 122. “ Continuance of Customs and Excise Laws ” of 
 each province, subject to this Act, but alterable by Parliament. 
 
52 
 
 Sec. 123. Exportation and Importation, as between two Pro- 
 vinces” — On whatever, Customs Duties, are at the Union, leviable 
 in any two provinces, — after the Union, if the same be imported, 
 from one province into another of them, on proof of payment of 
 such duties in the one, the same goods may be imported into the 
 other, subject only to pay such further amount (if any) of Customs 
 duty leviable in that province. 
 
 Sec. 124. “ Lumber dues in New Brunswick.” That province 
 is assured, of the right to levy Lumber Dues, according to 
 laws of that province referred to, but not to apply, to lumber of 
 other Provinces, and not increasing the amount of such dues. 
 
 Sec. 125. “ Exemption of Public Lands, &c.” Lands or Pro- 
 perty of Canada, or any province, shall not be liable to taxation. 
 
 Sec. 126. “ Provincial Consolidated Fund.” One Consoli- 
 dated Revenue Fund, is and shall be in each Province, of such 
 portions of the Duties and Revenues of Canada, Nova Scotia and 
 New Brunswick before the Union, as are by this Act reserved, to 
 the respective provinces, in the Union ; (the province of Canada 
 before, — being now Ontario and Quebec,) and of all duties and 
 revenues fitly raised by any of them, to be appropriated to the 
 service of the Province. 
 
 CLASS IX. MISCELLANEOUS FBOYISIONS. 
 
 Sec. 127. “ As to Legislative Councillors, becoming Senators.” 
 A Legislative Councillor of Canada, Nova Scotia or New Bruns- 
 wick, offered a place in the Senate of the Dominion, must accept 
 the same within 30 days, by writing, under his hand, addressed 
 to the Governor General, or to the Lieutenant Governor of Nova 
 Scotia or New Brunswick, as the case may be ; if he does not, 
 he shall be deemed to have declined the same. And who, at the 
 passing of this Act, of the Legislative Council of Nova Scotia and 
 New Brunswick, accepts a place in the Senate, vacates his seat 
 in such Legislative Council. 
 
 Sec. 128. “ Oath of Allegiance, &c.” A member of the Senate, 
 or House of Commons of Canada, shall, before the Governor 
 General, or his Appointee : — A member of a Legislative Council or 
 Legislative Assembly of any province shall, before the Lieutenant 
 
53 
 
 Governor, or his Appointee, take and subscribe the Oath of Alle- 
 giance, (in the 5th Schedule of this Act) before taking his seat 
 therein. A member of the Senate, or a member of the Legislative 
 Council of Quebec, shall, before the Governor General or his 
 Appointee, also take and subscribe, the Declaration of Qualifica- 
 tion, contained in the same Schedule. 
 
 Sec. 129. “ Continuance of existing Laws, Courts and Officers.” 
 All laws in force, except as otherwise provided by this Act, 
 all courts of civil and criminal jurisdiction, all commissions, 
 powers and authorities, and all judicial and administrative 
 officers, in Canada, Nova Scotia and New Brunswick at the 
 Union, shall continue in Ontario; — Quebec, Nova Scotia and 
 New Brunswick, respectively, as if the Union had not been made, 
 subject to the pleasure of the Parliament of Canada, or of the Le- 
 gislature, of the respective province ; — with exception of what exist 
 by Act of Parliament of the United Kingdom. 
 
 Sec. 130. “ Transfer of officers to Canada.” — Officers having 
 duties to discharge, other, than those attaching them exclusively, 
 to the Governments and Legislatures of the Provinces, shall be 
 officers of Canada ; to discharge the duties of their respective 
 offices, &c., until Parliament otherwise provides. 
 
 Sec. 131. “ Appointment of New officers.” — The Governor Ge- 
 neral in Council may, from time to time, appoint necessary or 
 proper officers, for the effectual execution of this Act, subject to 
 Parliament. 
 
 Sec. 132. “ Treaty Obligations ” of Canada, or of any Province 
 thereof, as under Treaties between the Empire and Foreign coun- 
 tries — as part of the British Empire : — for performing them : — the 
 Parliament and Government of Canada, shall have all powers, 
 necessary and proper. 
 
 Sec. 133. “ Use of English and French Languages.” — Of either, 
 in the Debates of Parliament of Canada, and of the Legislature of 
 Quebec, and both shall be used, in the respective Records and 
 Journals of the same, and the Acts of Parliament, and of the Le- 
 gislature named, shall be published in both ; and either of those 
 languages, may be used, in any pleading or process in or issuing 
 from any Court of Canada, established under this Act, and the 
 Courts of Quebec. 
 
54 
 
 Ontario and Quebec. 
 
 Sec. 134. “ Appointment of Executive Officers for Ontario and 
 Quebec.” — The Lieutenant Governors, may each, appoint officers 
 designated in this section, during pleasure ; and the Lieutenant 
 Governor in Council, from time to time, prescribe the duties of 
 those officers ; and of the several departments they shall preside 
 over, and of the officers and clerks thereof, and may also appoint 
 other officers, during pleasure, and prescribe the duties of those 
 officers, &c., until the Legislature of Ontario or Quebec provides 
 otherwise. 
 
 Sec. 135. “ Powers, duties, &c. of Executive Officers.” — On- 
 tario and Quebec, being by the last section enabled, to have Exe- 
 cutive Governments formed, the designated officers of Depart- 
 ments specified therefor, have all rights, powers, duties, func- 
 tions, responsibilities derived to them, which at the passing of this 
 Act were vested in, or imposed on, officers designated in the 
 same way, or with little variation in the Province of Canada, 
 from which, these two provinces derive ; but two offices named, 
 held by different persons before, shall now be conjoined and held 
 by one, alterable by ihe Legislature of each Province. 
 
 Sec. 136. “ Great Seals of Ontario and Quebec ” shall be as 
 those respectively used, in the provinces of Upper and Lower 
 Canada heretofore. 
 
 Sec. 137. “ Construction of temporary Acts.” — The words 
 “ and from thence to the end of the next ensuing session,” or the 
 like used in any Act of the Province of Canada not expired, shall 
 be construed as if, — of the next session, of the Parliament of Canada, 
 or the next session, of the Legislature of Ontario, or Quebec, res- 
 pectively, according to the subject matter expressed. 
 
 Sec. 138. “ As to errors in names after the Union.” — as Upper 
 Canada, instead of Ontario ; or Lower Canada, instead of Quebec ; 
 such an error, invalidates nothing. 
 
 Sec. 139. “ As to Issue of Proclamations before Union, to com- 
 mence after Union.” — The several matters and things therein pro- 
 claimed, shall be of like force and effect as if, — the Union had 
 not been made, as applicable to Canada, Upper Canada, or Lower 
 Canada. 
 
55 
 
 Sec. 140. “ As to Issue of Proclamations after Union.” — Autho- 
 rized by any Act of the Province of Canada, any such, not issued 
 before, may be issued by the Lieutenant Governor of Ontario, or 
 Quebec, as its subject matter, requires, with like force and effect, 
 as if the Union, had not taken place, as applicable to Canada, 
 Upper Canada or Lower Canada. 
 
 Sec. 141. “Penitentiary.” — That of the Province of Canada; 
 shall be the Penitentiary of Ontario and Quebec : — alterable by 
 Parliament. 
 
 Sec. 142. “ Arbitration respecting Debts, &c.” — Debts, liabili- 
 ties, properties and assets of Upper Canada and Lower Canada, 
 shall be referred, to Three arbitrators, the Government of Ontario, 
 that of Quebec, and that of Canada choosing, each, — one ; but not 
 before the Parliament of Canada, and the Legislatures of Ontario 
 and Quebec, have met ; the one chosen by the Government of 
 Canada, shall not be a Resident, in Ontario or in Quebec. 
 
 X. INTERCOLONIAL. RAILWAY. 
 
 Sec. 145. “ Duty of Government and Parliament of Canada, to 
 make Railway, herein described.” — Inasmuch as the Provinces, 
 have joined in a Declaration, that it is essential to the consolidation 
 of the Union, and have consequently agreed that provision should 
 be made, for its immediate construction, by the Government o 
 Canada (see Act of British Parliament “ The Canada Railway 
 Loan Act 1867.”) Therefore, it shall be the duty of the Govern- 
 ment and Parliament of Canada — to provide for its commence- 
 ment, within six months after the Union, and the completion and 
 construction thereof, with all practicable speed. 
 
 XI. ADMISSION OF OTHER COLONIES. 
 
 Sec. 146. “ Power to admit Newfoundland, &e., into the 
 Union,” i. e., the Provinces or Colonies of Newfoundland, Prince 
 Edward Island and British Columbia : — on Address from the Par- 
 liament of Canada, and respective Legislatures concerned, — to the 
 Queen in Council : — the Queen by and with the advice of Her Privy 
 Council, is empowered to admit those Colonies, or any of them, 
 into the Union. And on Address, from the Parliament of Canada, 
 
56 
 
 merely, — to admit Rupert’s Land, and the North Western Territory, 
 or either, into the Union ; and the provisions of any Order in Council 
 in that behalf, shall have full effect, subject to provisions of this Act. 
 
 Sec. 147. “As to representation of Newfoundland and Prince 
 Edward Island, in Senate.” — Each, shall be entitled to representa- 
 tion in the Senate of Canada, of 4 members ; but Prince Edward, 
 Island, when admitted, shall be deemed to be of the 3rd division, 
 into which Canada is divided, in relation to the Senate, (sec. 22, 
 item 3,) and the representation of Nova Scotia and New Bruns- 
 wick, as vacancies occur, shall be reduced from 12 to 10 members 
 respectively. In case of the admission of Newfoundland, the 
 normal number of Senators, shall be 76, and their maximum 
 number shall be 82. (See sections 21, 27 and 28.) It is to be 
 observed that the admission of Newfoundland, is necessarily, 
 increasing the number of the Senators by 4 more, assigned to it. 
 So Nova Scotia and New Brunswick would not suffer a loss in 
 the respective number of their Senators, on its admission, although 
 Prince Edward Island, had not come into the Union. 
 
ALPHABETICAL INDEX. 
 
 The Index by Sections is useful fur the Act and the Analysis , that by Pages is 
 useful for the Summary of the Act. 
 
 Sec. 
 
 ADMINISTRATION of Justice — subject to the Pro- 
 vincial Legislatures 92 
 
 Administrator of Canada, powers for the time being 
 
 Provincial, his powers 10, 62 
 
 Way of appointment 67 
 
 Admission of other Colonies (class xi) 146-147 
 
 Order of, for Newfoundland and Prince 
 
 Edward Island 147 
 
 For Rupert’s Land and North West 
 
 Territory 147 
 
 Agriculture — subject to legislation both by Parlia- 
 ment and Provincial Legislatures. ... 95 
 
 Algoma, District of, peculiar Election Laws 41 
 
 Appeal, Court of, propounded 101 
 
 Appropriation Bills originate in the House of Com- 
 mons being first recommended by the 
 
 Governor General 53,54 
 
 Provincial, originate in House of, or 
 In Legislative Assembly, the Lieutenant- 
 Governor is first to recommend them . 90 
 
 Arbitration, in case of property and Debts of Upper 
 
 and Lower Canada, — howto be made. 142 
 Armed Forces in the Dominion under “ Command 
 
 in Chief” of the Queen 15 
 
 Page. 
 
 20 
 
 30 
 
 30 
 
 5 
 
 13, 15 
 
 25 
 17, 33 
 25 
 
 18 
 
 31 
 
 34 
 
 8 
 
 BANKING and Bank Incorporation subject to Par- 
 liamentary Legislation 91 
 
 Bankruptcy, &c., do 91 
 
 Beacons, Buoys, Light-houses, &c. do 91 
 
 Bills of Exchange, do 91 
 
 19 
 
 19 
 
 19 
 
 19 
 
58 
 
 Sec. Page. 
 
 Borrowing on Public Credit of Canada, do . . . . 91 19 
 
 If Provincial, subject to respective Le- 
 gislatures 92 21 
 
 British Columbia, order for admission into Union. . 146 
 British Empire, the Dominion as a part of it, enters 
 on Treaty Duties with Foreign coun- 
 tries 132 11 
 
 British Government, its form 2 
 
 British North America Act 1867, short title provided 
 
 for this Act of Union- 1 6 
 
 CANADA declared to be the name of the one Do- 
 minion 3-4 6 
 
 How, in this respect, divided into Pro- 
 vinces 5 9 
 
 Becomes liable for Debts, &c. of each 
 
 Province Ill 22 
 
 See Consolidated Revenue Fund, Pro- 
 perty, & c. 
 
 Local Works and affairs — placed under authority of 
 
 Parliament 92 
 
 Census to be taken in 1871 and every 10 years after. 8 
 How representation in Parliament shall 
 
 conform to the returns 51 16 
 
 and statistics, Subject to Parliament.... 91 19 
 
 Charities — Asylums, &c., for the provinces subject 
 
 to the respective Legislatures 92 21 
 
 Civil Rights in the Provinces, do 92 
 
 Civil Rule constantly upheld 7 
 
 Copy-rights depend on the Law of Parliament 91 19 
 
 Command-in-chief of armed forces — vested in the 
 
 Queen 15 8 
 
 Commons, House of, of Canada 37-52 
 
 Privileges, &c., of 18 13 
 
 Whole number of members — what num- 
 ber to Provinces severally 37 16 
 
59 
 
 Sec. Page 
 
 Commons, the Governor General summonses the 
 
 House from time to time 38 12, 16 
 
 Senators are not allowed to be members 
 
 of 39 16 
 
 Electoral districts, of the provinces ap- 
 pointed 40 35 
 
 Election laws, continue as before 41 17, 33 
 
 Writs, (Issue of,) Returning officers, 
 
 How to be 42 17 
 
 How early vacancies, shall be supplied. 43 17 
 
 The House to choose a Speaker on meet- 
 ing after a general election 44 17 
 
 And in case a vacancy happens in the 
 
 office 45 17 
 
 He is to preside at all the meetings. ... 46 18 
 
 When the house may elect another mem- 
 ber in his place in his absence 47 17 
 
 Twenty members including the Speaker 
 
 make an effective meeting 48 IS 
 
 A majority, (the speaker not voting) 
 decide a question — only, in case of 
 
 Equality shall the speaker vote 49 18 
 
 Five years is the term of election to. . . . 50 16 
 
 Rule of re-adjustment of the representa- 
 tion, from time to time 51 16 
 
 Rule by which the number of members 
 
 maybe increased 52 16 
 
 Consolidated Revenue Fund of Canada, How ob- 
 tained, and for what ends 102 21, 22 
 
 Charged first with costs of collection. . . 103 22 
 
 Second, with annual interest of debts of 
 
 the Provinces 104 22 
 
 Third, with salary of Governor General. 105 22 
 
 How it shall be audited 103 22 
 
 Parliament appropriates it, after required 
 
 reserves are made ......... . 106 22 
 
60 
 
 Sec. Page. 
 
 Consolidated Revenue Fund of the Provinces, How 
 
 to be raised in each 126 24 
 
 Constitution of the Dominion to be similar to that 
 
 of the United Kingdom, See preamble. 5 
 
 Of the Executive Government, See Exe- 
 cutive Power 
 
 Of the Senate 21-36 
 
 Of the House of Commons 37-52 
 
 Of the Executive Council in Ontario and 
 
 Quebec 
 
 63 
 
 32 
 
 Of the Legislature of Ontario 
 
 69 
 
 35 
 
 Of the Legislature of Quebec 
 
 71 
 
 35 
 
 Of the Legislative Council of Quebec . . . 
 
 72 
 
 35 
 
 Of Executive Council of Nova Scotia 
 
 
 
 and New Brunswick 
 
 64 
 
 36 
 
 Of Legislatures of the same 
 
 88 
 
 37 
 
 Provincial, amendable bythe Legislature 
 
 
 
 of each Province 
 
 92 
 
 20 
 
 Court of Appeal, General, and other Courts may be 
 
 
 
 provided by the Parliament 
 
 101 
 
 24 
 
 Courts of civil and criminal jurisdiction in being, 
 
 
 
 shall continue in the Union 
 
 129 
 
 7 
 
 Criminal Law and its Procedure, subject to autho- 
 
 
 
 rity of Parliament 
 
 91 
 
 19 
 
 Currency and coinage do 
 
 91 
 
 19 
 
 Customs and Excise Laws continue the same, sub- 
 
 
 
 ject to authority of Parliament 
 
 122 
 
 21 
 
 Customs Duties, only as differential, are payable on 
 
 
 
 transit of goods from Province to Pro- 
 
 
 
 vincc 
 
 123 
 
 
 DECISION of questions in Parliament, and the 
 
 Legislatures only by a majority, 36, 49, 87 16, 34 
 
 Declaration of qualification for the Senate and for 
 
 the Legislative Council of Quebec. . . 128 14, 35 
 
 Denominational Schools, Rights, &c 93 26 
 
61 
 
 
 Sec. 
 
 Page. 
 
 Dissentient Schools 
 
 93 
 
 26 
 
 Dissimilarity from British Constitution 
 
 
 3 
 
 Distribution of Legislative powers class vi 91 
 
 -95 
 
 
 Division of Canada in Provinces 
 
 5 
 
 9 
 
 Senatorial, Three-fold 
 
 22 
 
 13 
 
 Divorce, under authority of Parliament 
 
 91 
 
 19 
 
 Dominion — One, The Provinces desirous of uniting 
 
 
 
 in, See preamble 
 
 
 5 
 
 Executive and Legislative authority in 
 
 
 
 course to be provided 
 
 id. 
 
 5 
 
 Duties and Revenues made over to the Dominion . . 
 
 102 
 
 21 
 
 EDUCATION (1, 2, 3, 4 items) 
 
 93 
 
 26 
 
 Rights secured of Denominational Schools. 
 
 93 
 
 26 
 
 Of Separate Schools in Upper and Lower 
 
 
 
 Canada to be equal 
 
 93 
 
 26 
 
 Appeal open to Governor General from 
 
 
 
 parties affected in any right 
 
 93 
 
 26 
 
 What laws and measures necessary in 
 
 
 
 this behalf may pass, &c 
 
 93 
 
 26 
 
 Election Laws in being, to be continued 41 
 
 ,84 
 
 17,33 
 
 What issue of Writs shall serve for first 
 
 
 
 election 
 
 42 
 
 17 
 
 Electoral Districts of the four Provinces — severally 
 
 assigned 
 
 40 
 
 10, 
 
 35 
 
 How only limits of any, may be changed 
 
 
 
 
 in Lower Canada. ... 
 
 80 
 
 
 36 
 
 Exclusive authority of Parliament of Canada 
 
 91 
 
 18, 
 
 19 
 
 Powers of Provincial Legislatures 
 
 92 
 
 20, 
 
 21 
 
 Executive Power of Canada class iii 9-16 
 
 of the several Provinces class v 58-68 
 
 of Canada declared to be in the Queen . 9 8 
 
 How the Royal Prerogative is to apply 
 to Bills voted by the Parliament of 
 Canada .. 55,56,57 10,31 
 
62 
 
 Sec. Page. 
 
 Executive Government with Parliament of Canada, 
 as part of the British Empire, are 
 obliged by Treaties with Foreign 
 
 Powers 132 11 
 
 Their, with the Parliament’s Duty as 
 
 to Intercolonial Railway ...145 11 
 
 Government of any Province may 
 direct where shall be the Seat of 
 
 Government 68 30 
 
 Officers in Ontario and Quebec respec- 
 tively members of 63 32, S3 
 
 Such officers’ given powers 135 32 
 
 See also Governor General, Privy 
 Council, Lieutenant Governor, New 
 
 Brunswick, Nova Scotia, Ontario 
 and Quebec. 
 
 FERRIES (inter provincial and extra) are under 
 
 authority of Parliament 91 19 
 
 Fisheries, Sea-coast, &c., under the same authority. .91 19 
 
 French language, wherein useable as the English, 
 
 wherein both languages are to be used. 133 13 
 
 GOVERNOR GENERAL OF CANADA or Chief 
 Executive Officer equally meant in 
 
 provisions of this Act 10 
 
 Takes oaths of allegiance and office .... 61 30 
 
 His relation to the Privy-Council of 
 
 Canada 
 
 11 
 
 8 
 
 Powers aggregated by him at the Union. 
 Which, are to avail him in Council or 
 
 12 
 
 9 
 
 individually 
 
 May be authorized to appoint Deputies, 
 
 12 
 
 
 &c., to parts of Canada 
 
 Shall summon persons to the Senate and 
 
 14 
 
 9, 30 
 
 fill vacancies therein 24, 32 
 
 15 
 
63 
 
 Sec. Page. 
 
 Governor General may recommend an addition of 
 
 3 or 6 Members to Senate 26 15 
 
 Appoints a member of the Senate as its 
 
 Speaker, &c 34 15 
 
 Appoints Administrator, for cause, in 
 
 place of any Lieutenant Governor. ... 67 30 
 
 Disallows of Acts passed by, (if he so 
 will) and signifies his pleasure, on acts 
 reserved from the Provincial Legisla- 
 tures 90 31 
 
 May receive appeals, in case of Rights of 
 Education affected in any Province 
 and take a remedial course ... 93, 3 93, 4 26 
 
 Appoints and ejects (for cause) Judges of 
 
 Courts named 96,99 25 
 
 Chooses them from respective Provincial 
 
 Bars until uniformity of law, &c . . 97, 98 25 
 
 See Quebec. 
 
 Governor General in Council orders the 
 
 Audit of Revenue Accounts 103 22 
 
 In Council — discharges liabilities of the 
 Provinces assumed by Canada deter- 
 mining the form 120 22 
 
 In Council — is to divide Records, &c., 
 of Proyince of Canada, to Ontario and 
 
 Quebec 143 34 
 
 In Council — settles what new Officers he 
 will appoint 131 
 
 Administers or deputes to administer 
 Oaths, &c., to members of Parliament. 128 
 Great Seal of the Dominion to be used as ordered, 34, 38 15, 16 
 
 Of the Province of Canada, How its con- 
 tinues effective in some cases 140 31 
 
 Great Seals for Ontario and Quebec are to be 
 the same as those Upper Canada and 
 Lower Canada respectively were. . . . 136 32 
 
64 
 
 See. Page- 
 
 Great Seal to be put in use as ordered. .... 82, 134, 140 31,33 
 
 Of Quebec to be put in use. 72, 75, 77 35 
 
 HOSPITALS, Marine —depend on Parliament .... 91 19 
 
 For the Provinces depend on the respec- 
 tive Legislatures 92 21 
 
 IMMIGRATION — under authority both of Parlia- 
 ment and of the Legislatures 95 25 
 
 Incorporation of Companies of local ends, under 
 
 authority of the Legislatures 92 21 
 
 Indians, and lands reserved, under authority of 
 
 Parliament 91 19 
 
 Intercolonial Railway class x 
 
 declared to be essential for consolida- 
 tion of the Union 145 11 
 
 Its commencement and completion to 
 
 be speedy 145 11 
 
 Interest, under authority of Parliament 91 !&■ 
 
 JUDGES, of what Courts appointed by Governor 
 
 General 96 25= 
 
 Until when, are to be raised from the 
 
 Bars of the several Provinces 97 25- 
 
 Of Quebec, always to be raised from its 
 
 own Bar.... 98 25 
 
 LAWS in being in the Provinces at the Union con- 
 tinue in force in the Union 129 7 
 
 Subject to alteration, variously 129 7 
 
 Legal Tender, under the authority of Parliament. ... 91 19 
 
 Legislative Councillors, how they must accept, if. 
 
 offered place in Senate 127 ID 
 
 Thereon — they vacate seat in Legislative 
 
 Council ....' 127 
 
 Legislative Powers of the Union, class iv. 17,57 
 
65 
 
 Sec. 
 
 Legislative Powers of Ontario class v 69,70 
 
 Of Quebec class v 71-80 
 
 Of Ontario and Quebec class v 81-87 
 
 Of Nova Scotia and New Brunswick. . 88 
 
 Of Ontario, Quebec and Nova Scotia. . 89 
 
 Of the Four Provinces ... 90 
 
 Of the Parliament of Canada 91 
 
 Licences (for uses given) under authority of Legis- 
 latures 92 
 
 Lines of Ships (Inter-colonial and that cross the 
 ocean) under the authority of Parlia- 
 ment 92 
 
 Lieutenant Governor to be appointed, for each Pro- 
 vince 58 
 
 Powers aggregated and vested in those 
 
 of Ontario and Quebec 65 
 
 What Executive Officers respectively 
 
 they may appoint 63,135 
 
 Not removed for 5 years, except for 
 
 cause assigned 59 
 
 Salary, how fixed and paid 60 
 
 Oaths he is to take 61 
 
 To summon Legislature, from time to 
 
 time 82 
 
 Must first recommend what money votes 
 
 pass the Legislature 90 
 
 Office not subject to change at the plea- 
 sure of Provincial Legislature 92 
 
 Administers, &c., oath to members of 
 
 Legislature 128 
 
 Of Quebec, appoints, &c., Speaker of 
 
 the Legislative Council 77 
 
 How he may constitute extra Townships 144 
 Local Works, What, come under authority of the 
 
 Legislatures 92 
 
 Page. 
 
 30, 37 
 
 30 
 
 31 
 
 18, 19 
 
 21 
 
 20 
 
 29 
 
 32 
 
 32 
 
 29 
 
 30 
 
 30 
 
 33 
 
 31 
 20 
 
 31 
 
 35 
 
 36 
 
 21 
 
 5 
 
66 
 
 Sec. 
 
 Lower Canada useable as a name, for the Province 
 
 as Quebec 138 
 
 MAJORITY of votes cast, only can be regarded as 
 
 affirmative 36, 49, 79, 87 
 
 In a given case of Legislative Assembly 
 of Quebec to be with a speciality. ... 80 
 
 Marriage and Divorce under authority of Parliament. 91 
 Solemnisation of — under authority of 
 
 Legislatures 92 
 
 Matters, generally private and local, under authority 
 
 of Legislatures 93 
 
 Militia, &c., under authority of Parliament 91 
 
 Micellaneous Provisions class ix 127-144 
 
 Money votes &c., regulated 53-57 
 
 For the Provinces 90 
 
 Municipal Institutions — under authority of the Le- 
 gislatures 92 
 
 NATURALIZATION and Aliens under authority 
 
 of Parliament 91 
 
 Naval Service under the authority of Parliament. . . 91 
 
 Navigation and Shipping also 91 
 
 New Brunswick representation of — in Senate 22 
 
 in House of Commons 37 
 
 Electoral districts of 40 
 
 House of Assembly at the Union con- 
 tinued 88 
 
 When and how much indebted 115 
 
 Annual grant to 118 
 
 Further grant for 10 years 119 
 
 Lumber dues assured not levied on 
 
 lumber of other Provinces 124 
 
 Newfoundland, How to be admitted to the 
 
 Union 146,147 
 
 North-Western territory, How to be admitted 146 
 
 Page. 
 
 32 
 
 16,34 
 
 36 
 
 19 
 
 20 
 
 24 
 
 19 
 
 31 
 
 21 
 
 19 
 
 19 
 
 19 
 
 13 
 
 16 
 
 31 
 
 22 
 
 23 
 
 23 
 
 23 
 
 13 
 
67 
 
 Sec. Page, 
 
 Nova Scotia, representation of, in Senate 22 1$ 
 
 In House of Commons 37 IS 
 
 Electoral districts of 40 
 
 When and how much indebted 114 2 2E 
 
 Annual grant to 118 23 
 
 Nova Scotia and New Brunswick, Limits of un- 
 changed 7 10 
 
 Represented in the Senate as the 3rd 
 
 division of the Union 22 13 
 
 If Prince Edward Island is admitted, 
 the number of Senators of each is 
 
 reduced 147 13 
 
 Executive authority existing in each, 
 
 continued 64 36 
 
 Also the constitution in each of its Legis- 
 lature 8S 3T 
 
 How and when Elections to House of 
 Commons and to Legislative Assem- 
 bly are to be first made 89 30 
 
 How if not indebted to a given amount, 
 
 each is intitled to interest ,116 23 
 
 OATH OP ALLEGIANCE, Order of administering 
 to members of Parliament and to 
 
 members of the Legislatures 129; 
 
 Form of, See 5th Schedule. 
 
 Oaths, similar — taken by Governor General and 
 
 Lieutenant Governors 61 30 
 
 Officers Civil, who are continued in place, but trans- 
 ferred to the Dominion 130 7f 
 
 proper for the execution of this act may 
 
 be appointed 131 
 
 Ontario, Representation of, in House of Commons . . 37 IS 
 
 Electoral districts assigned for 40) 
 
 Legislative Assembly of, how many, 
 
 how elected 7.0 35 
 
 5 * 
 
68 
 
 Sec. Page. 
 
 'Ontario, how much indebted to Canada 112 22 
 
 Annual grant from Canada 1 IS 23 
 
 Ontario and Quebec named as Provinces : . . . 5 10 
 
 Before, named the provinces of Upper 
 
 and Lower Canada 6 10 
 
 Represented in the Senate equally 22 13 
 
 Officers of Government appointed in each, 
 
 (forming the Executive Councils). 63,134 32 
 
 Time limited for the first meeting of the 
 
 Legislature in each 81 33 
 
 Persons making profit from Government 
 trade, shall not sit in the Legislative 
 
 Assembly S3 
 
 Laws of election at the union, to con- 
 tinue in force S4 33 
 
 Legislative assemblies in each, elected 
 
 for four years So 34 
 
 Which are to meet once at least in every 
 
 twelve months 86 34 
 
 Assets, conjointly assigned them 113 
 
 The Penitentiary of Province of Canada 
 
 assigned in common 141 34 
 
 Goods, debts, &c., devolving from the 
 Province of Canada to be divided &c., 
 
 by arbitrament, as provided 142 34 
 
 How and what records, books, &c., they 
 
 shall receive 143 34 
 
 Ottawa to be the seat of Government 16 
 
 PAPER MONEY issued under the authority of 
 
 Parliament 91 19 
 
 Parliament of Canada — its three estates 17 12 
 
 Its privileges, &c 17 12 
 
 Is to meet within six months after the 
 
 Union is declared. 19 12 
 
 Is to meet within each year 20 12 
 
69 
 
 See. Page- 
 
 Parliament of Canada — Election laws, Writs and 
 Returning Officers which are to be of 
 
 avail 41,42 17,33 
 
 Powers of Parliament over 29 classes of 
 
 affairs of the commonwealth 91 18, 13' 
 
 Conjointly with the Legislatures, over 
 
 Education 93 26 
 
 And for to effect unii’ormily of Laws and 
 
 Law procedure 94 24 
 
 Over agriculture and immigration 95 25 
 
 On duties and revenues and appropria- 
 tion of means 106 22 
 
 To provide salaries and pensions for 
 
 Judges 100 25 
 
 To address Governor General if cause 
 
 be given for their removal 99 25 
 
 Kow placed in authority over Laws, 
 
 Courts of law and Officers in being, 
 
 as continued at the Union 129 7 
 
 Empowered to establish, &c., a General 
 
 Court of Appeal and other Courts. . . 101 24 
 
 To declare what Provincial Public 
 
 Works it will assume for Canada 92 
 
 with Government charged with the per- 
 formance of National Treaties 132 II 
 
 In duty bound to provide for commence- 
 ment and completion of Intercolonial 
 
 Railway at earliest 145 11 
 
 See Commons, Senate. 
 
 Patents, under the authority of Parliament 91 19 
 
 Penalties for local legal offences under the authority 
 
 of the Legislatures 92 21 
 
 Penitentiaries, under the authority of Parliament. . 91 19 
 
 Postal Service (also) 91 19 
 
 Preliminary Notices 1-3 
 
 Preliminary passages of this Act 1,2 G 
 
70 
 
 Sec. Page. 
 
 Prince Edward Island, arrangement for admission 
 
 to the Union 146, 147 13 
 
 Prisons, under authority of Legislatures 92 21 
 
 Privy Council, associated with the Governor General 11 8 
 
 In what cases their concurrence is or is 
 
 not requisite 12 9 
 
 Probate Courts of Nova Scotia and New Brunswick 
 excepted, from provisions of this 
 
 Act 96, 100 25 
 
 Property and Civil Rights, (local,) under authority of 
 
 Legislatures 92 20 
 
 Proclamation of the Union by the Queen, institutes 
 
 it 3 7 
 
 Proclamations (Provincial) issued or authorized 
 before the Union, to take effect after 
 the Union in Upper and Lower 
 
 Canada 139,140 31 
 
 Province of Canada — its continual local govern- 
 ment — as arranged in the Provinces of 
 Ontario and Quebec — 6, 65, 69-89, 93 ( - ), 
 
 109-112, 113, 126, 129, 134-144. 
 
 Provincial Constitutions class v. 58-90 
 
 A Lieutenant Governor to be appointed 
 
 for each Province 59 29 
 
 The Chief Officer of the Provincial 
 Executive, if not so styled, has like 
 
 authority 62 30 
 
 “ The Lieutenant Governor in Council,” 
 
 what it means 66 
 
 Provincial Courts, — Civil and Criminal, subject to 
 
 the Legislatures 92 20 
 
 Legislatures are exclusively authorized 
 
 to make laws of 16 classes 92 20,21 
 
 To concur with the Parliament of Ca- 
 nada to make uniformity of Laws. . 94 24 
 
 Seats of Government 68 30 
 
71 
 
 Sec. Page. 
 
 Provincial Courts, — Officers — their offices, appoint- 
 ments and pay, under authority of 
 
 Legislatures 92 20 
 
 Provisions of this Act construed 2, 4, 13 6 
 
 Public Debt and what Public property — under 
 
 authority of Parliament 91 18 
 
 Lands and Timber under authority of 
 
 the Legislatures 92 2 1 
 
 Works, Stores, Commodities, transferred 
 from the Provinces, to belong to the 
 
 Dominion 108 21 
 
 Property, Provincial, useful for Defence, 
 at any time may be assumed by 
 
 Canada 117 21,24 
 
 Assets, Public Works, Trusts, Endow- 
 ments, assigned to Ontario and Que- 
 bec 113 
 
 Either belonging to Canada or the Pro- 
 vinces respectively, may not be taxed 125 
 
 QUALIFICATIONS of Senator stated 23 14 
 
 If questioned, to be adjudged by Senate 33 15 
 
 Of a Legislative Councillor of Quebec. 73 35 
 
 If questioned, adjudged by that body ... 76 
 
 Quarantine, &c., under authority of Parliament .... 91 19 
 
 Quebec, Electoral Divisions, each to be represented 
 
 in the Senate 22 13 
 
 And in the Legislative Council, &c. . . . 72 35 
 
 Electoral Districts, each to be repre- 
 sented in the House of Commons and 
 
 in the Legislative Assembly 40, 80 35, 36 
 
 How its Legislature is constituted .... . 71 35 
 
 How extra Townships may be consti- 
 tuted 144 36 
 
 Quebec, the Lieutenant Governor appoints, &c. the 
 Speaker, (being one) of the Legislative 
 Council 77 35 
 
72 
 
 Sec. Page. 
 
 Quebec, how and when first elections to be made. . 89 30 
 
 Executive Council, how officially com- 
 posed 63 32, S3 
 
 How much indebted to the Dominion.. 112 22 
 
 Schools and School Trustees of the Mi- 
 nority to have powers, privileges, &c., 
 
 equal in Quebec and Ontario 93 26 
 
 Judges of the Courts of, shall be taken 
 
 from the Bar of 98 25 
 
 Grant to, by the Dominion 118 23 
 
 Queen, — as named in Act, means as well “ succeed- 
 ing Kings and Queens 2 6 
 
 Her declaration for that purpose is to 
 .form the Provinces in one Dominion . 3 7 
 
 Governor General governs on the behalf 
 
 of, &c 10 S 
 
 Her Privy Council for Canada instituted. 11 8 
 
 Has Command in chief of armed forces ,15 8 
 
 Has first position in the Parliament of 
 
 Canada 17 12 
 
 Summonses the first body of Senators. . 25 10 
 
 In Council, of United Kingdom disallows 
 Bills passed in the Parliament of Ca- 
 nada 56 11,31 
 
 Also assents to Reserved Bills 57 11,31 
 
 Quorum of Senate 35 15 
 
 Of House of Commons 48 18 
 
 Of Legislative Assemblies of Ontario 
 
 and Quebec 87 33 
 
 Of Legislative Council of Quebec 78 36 
 
 RAILWAY — See Intercolonial Railway. 
 
 Railways, under authority of Parliament 92 20 
 
 Returning Officers of elections assigned for Canada 
 
 and the Provinces 42 17,30 
 
73 
 
 Sec. 
 
 Revenues, Debts, Assets, Taxation. . . .class viii 102-126 
 Of Canada — See Consolidated Fund. 
 
 Of Provinces ... 92 
 
 viz: Grant of Canada of fixed amount 
 
 yearly to each Province 118 
 
 And also per head, according to popu- 
 lation respectively 118 
 
 Royal Assent to Acts of Parliament given by Gov- 
 ernor General, at his discretion : — . . . 55 
 
 How and how long revocable 56 
 
 How Reserved Bills are to receive it. . . 57 
 
 How the Queen’s pleasure is to be, in 
 
 such a case, communicated and re- 
 
 corded 57 
 
 Rupert’s Land, how its admission to the Union may 
 
 proceed 146 
 
 SALARY of Governor General 105 
 
 Salaries of Officers of Government of Canada under 
 
 authority of Parliament 91 
 
 &c., of Judges of Courts, the same 100 
 
 Of Provincial officers — under authority 
 
 of the Legislatures 92 
 
 Savings Banks, under authority of Parliament 91 
 
 Schedules, and of what Affairs 
 
 Seat of Government of Canada 16 
 
 Seats of Government for the Provinces 68 
 
 Sections of explanatory use 1, 2, 4, 13 
 
 Senate (21-36) 
 
 Senate, an Upper House of Parliament 17 
 
 Number of members of 21 
 
 How representing divisions of Canada. 22 
 
 Summons to — of qualified persons as 
 
 needed, by Governor General 24, 32 
 
 The first body of, summoned by the 
 Queen 25 
 
 Page. 
 
 21 
 
 23 
 
 23 
 
 10.31 
 
 11.31 
 11, 31 
 
 11 
 
 22 
 
 19 
 25 
 
 20 
 19 
 
 5 
 
 30 
 
 30 
 
 6 
 
 12 
 13, 15 
 13 
 
 15 
 
 10 
 
74 
 
 Sec. Page- 
 
 Senate, in what case, and what number, mem- 
 bers may be added . . 26 15 
 
 But added number to be reduced 27 15 
 
 The whole number allowed 28 15 
 
 Increase allowed on Newfoundland en- 
 tering the Union 147 13 
 
 Questions of Vacancy and of qualifica- 
 tion, are all under authority of the 
 
 Senate 33 15 
 
 The Governor General appoints, &c., a 
 
 member, Speaker of 34 15 
 
 The number of the Quorum, to be inclu- 
 sive of the Speaker 35 15 
 
 Only a Majority can vote the affirmative, 
 
 the Speaker has a vote in all cases. . 36 16 
 
 Senator, qualifications of 23 14 
 
 Privileges, &e., of 18 13 
 
 May hold his place for life 29 14 
 
 How he may resign 30 15 
 
 In what cases he vacates his place. ... 31 14, 15 
 
 Separate Schools, &c., and Trustees — Powers, Privi- 
 leges, &c., of — in Ontario, are equally 
 those of Dissentient Schools in Quebec 93 26 
 
 An appeal provided in case of suffered 
 wrong, — to Governor General in Coun- 
 cil 93 26 
 
 Shipping, under the authority of Parliament 91 19 
 
 Solemnization of Marriage, under authority of Legis- 
 latures 92 20 
 
 Speaker of the Senate 34 15 
 
 The House of Commons 44-49 
 
 The Legislative Assemblies of Ontario 
 
 and Quebec 87 
 
 The Legislative Council of Quebec. ... 77 
 
 Subjects, expressly excepted from authority of Le- 
 gislatures, are under authority of Par- 
 liament 91 19 
 
75 
 
 Sec. Page. 
 
 Tax Bills, Regulation wilh respect to them 53, 54 18, 31 
 
 Taxation — Mode or system of — under authority of 
 
 Parliament 91 18 
 
 For Provincial purposes, under authority 
 
 of Legislatures 93 21 
 
 Public Property declared not liable to. . 125 
 
 Telegraphs, under authority of Parliament 92 20 
 
 Terms used inthis Act, how to be applied < i 
 
 x f biz, do, yu, y i 
 
 Trade and Commerce, under authority of Parlia- 
 ment 91 19 
 
 Free, in what passes between one province 
 
 and another 121 
 
 UNIFORMITY OF LAW in Ontario, Nova Scotia 
 and New Brunswick — how under 
 
 authority of Parliament 94 24 
 
 Of the procedure of Courts 94 24 
 
 How under authority of Legislatures ... 94 24 
 
 Union, The class ii. 3-8 
 
 Why desired by the provinces, See Preamble. 5 
 
 Its Constitution and Government are the 
 
 subject of this Act “ 5 
 
 Other parts of North America made ad- 
 
 missable « 5 
 
 How its date is to be fixed 3 7 
 
 Upper Canada useable, as Ontario, as a name for the 
 
 Province 138 32 
 
 VACANCIES in Parliament and Legislatures, how 
 
 occurring, and how to be filled, 32, 43, 74, 75 15, 17 
 
 WEIGHTS and Measures — under authority of Par- 
 liament 91 19 
 
ANNO TBICESIMO 
 
 YTCTOKIJE REGINA. 
 
 CAP. III. 
 
 An Act for the Union of Canada, Nova Scotia, and 
 New Brunswick, and the Government thereof ; and 
 for Purposes connected therewith. 
 
 [29 th March 1867.] 
 
 W HEREAS 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 Consti- 
 tution 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 Autho- 
 rity 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 : 
 
 Be it therefore enacted and declared by the Queen’s most 
 Excellent Majesty, by and with the Advice and Consent of the 
 Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the Authority of the same, as 
 follows : 
 
 I. — Preliminary. 
 
 1. This Act may be cited as The British North America short Title 
 Act, 1867. 
 
78 
 
 Application of 2 . The Provisions of this Act referring to Her Majesty the 
 feiSn?to S the' Queen extend also to the Heirs and Successors of Her Majesty, 
 Queen. Kings and Queens of the United Kingdom of Great Britain and 
 Ireland. 
 
 IT. — Union. 
 
 Declaration of 
 Union. 
 
 Construction of 
 subsequent 
 .Provisions of 
 
 Act. 
 
 Four Pro- 
 vinces. 
 
 Provinces of 
 Ontario and 
 Quebec. 
 
 Provinces of 
 .Nova Scotia 
 and New 
 Brunswick. 
 
 Decennial 
 
 Census. 
 
 Declaration of 
 Executive 
 Power in the 
 Queen. 
 
 3 . It shall be lawful for the Queen, by and with the Advice 
 of Her Majesty’s Most Honorable Privy Council, to declare 
 by Proclamation that, on and after a Day 1 herein 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 . The subsequent Provisions of this Act shall, unless it is 
 otherwise expressed or implied, commence and have effect on 
 and after the Union, that is to say, on and after the Day 
 appointed for the Union taking effect in the Queen’s Procla- 
 mation ; and in the same Provisions, unless it is otherwise 
 expressed or implied, the Name Canada shall be taken to mean 
 Canada as constituted under this Act. 
 
 5. Canada shall be divided into Four Provinces, named 
 Ontario, Quebec, Nova Scotia, and New Brunswick. 
 
 6 . The Parts of the Province of Canada (as it exists at the 
 passing of this Act) which formerly constituted respectively 
 the Provinces of Upper Canada and Lower Canada shall be 
 deemed to be severed, and shall form Two separate Provinces-. 
 The Part which formerly constituted the Province of Upper 
 Canada shall constitute the Province of Ontario ; and the Part 
 which formerly constituted the Province of Lower Canada shall 
 constitute the Province of Quebec. 
 
 7 . The Provinces of Nova Scotia and New Brunswick shall 
 have the same Limits as at the passing of this Act. 
 
 8. In the general Census of the Population of Canada which 
 is hereby required to be taken in the Year One thousand eight 
 hundred and seventy-one, and in every Tenth Year thereafter, 
 the respective Populations of the Four Provinces shall be 
 distinguished. 
 
 HI. — Executive Power. 
 
 9. The Executive Government and Authority of and over 
 Canada is hereby declared to continue and be vested in the 
 Queen. 
 
79 
 
 10 . The Provisions of this Act referring to the Governor Application of 
 General extend and apply to the Governor General for the Time to Go- 
 being of Canada, or other the Chief Executive Officer or Admi- vernor General, 
 nistrator 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. 
 
 1 1 . There shall be a Council to aid and advise in the Constitution of 
 Government of Canada, to be styled the Queen’s Privy Council fo r I .‘c' a ^j a ricl1 
 for Canada ; and the Persons who are to be Members of that 
 Council shall be from Time to Time chosen and summoned by 
 
 the Governor General and sworn in as Privy Councillors, and 
 Members thereof may be from Time to Time removed by the 
 Governor General. 
 
 12 . All Powers, Authorities, and Functions which under All Powers 
 any Act of the Parliament of Great Britain, or of the Parliament “ nder Acts 
 
 of the United Kingdom of Great Britain and Ireland, or of the Governor Ue- y 
 Legislature of Upper Canada, Lower Canada. Canada, Nova ^vLTofPriv 
 Scotia, or New Brunswick, are at the Union vested in or exer- Councilor " vy 
 ciseable by the respective Governors or Lieutenant Governors alone ' 
 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 Members thereof, or by the Governor 
 General individually, as the Case requires, subject nevertheless 
 (except with respect to such as exist under Acts of the Par- 
 liament of Great Britain or of the Parliament of the United 
 
 Kingdom of Great Britain and Ireland) to be abolished or 
 altered by the Parliament of Canada. 
 
 13 . The Provisions of this Act referring to the 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. 1 
 
 14 . It shall be lawful for the Queen, if Her Majesty thinks i 
 fit, to authorize the Governor General from Time to Time • 
 to appoint any Person or any Persons jointly or severally , 
 to be his Deputy or Deputies within any Part or Parts of ! 
 Canada, and in that Capacity to exercise during the Pleasure 
 of the Governor General such of the Powers, Authorities, and 
 
80 
 
 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. 
 
 Command of 15 , The Command-in-Chief of the Land and Naval 
 to^continue'r Militia, and of all Naval and Military Forces, of and in Canada, 
 be vested in is hereby declared to continue and be vested in the Queen, 
 the Queen. 16 . Until the Queen otherwise directs the Seat of Govem- 
 verament°of nient of Canada shall be Ottawa. 
 
 Canada. 
 
 IV. — Legislative Power. 
 
 Constitution of 17 . There shall be One Parliament for Canada, consisting 
 Parliament of G f t j ie Queen, an Upper House styled the Senate, and the 
 House of Commons. 
 
 Privileges, &c. 18 . The Privileges, Immunities, and Powers to be held, 
 
 ofHouses. 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 Par- 
 liament of Canada, but so that the same shall never exceed 
 those at the passing of this Act held, enjoyed, and exercised by 
 the Commons House of Parliament of the United Kingdom of 
 Great Britain and Ireland and by the Members thereof. 
 
 First Session of 1®- The Parliament of Canada shall be called together not 
 of e canada meDt ^ ater t ^ :m Six Months after the Union. 
 
 Yeari” a s«*ion 20 There shall be a Session of the Parliament of Canada 
 ofthe Par- once at least in every Year, so that Twelve Months shall not 
 
 Caaada. 0f intervene between the last Sitting of the Parliament in one 
 
 Session and its first Sitting in the next Session. 
 
 The Senate. 
 
 Number ol’ 2 1 . The Senate shall, subject to the Provisions of this Act, 
 Senator.-. consist of Seventy-two Members, who shall be styled Senators! 
 
 Representation 22. In relation to the Constitution of the Senate, Canada 
 Senat°e'!' nceSm shall he deemed to consist of Three Divisions — 
 
 1 . Ontario ; 
 
 2. Quebec ; 
 
 3. The Maritime Provinces, Nova Scotia and New Brunswick • 
 which Three 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 • 
 
81 
 
 and the Maritime Provinces by Twenty-four Senators, Twelve 
 thereof representing Nova Scotia, and Twelve thereof repre- 
 senting New Brunswick. 
 
 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 . 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 Parlia- 
 ment 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 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 . 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 . Such Persons shall be first summoned to the Senate as 
 the Queen by Warrant under Her Majesty’s Royal Sign Manual 
 thinks fit to approve, and their Names shall be inserted in the 
 Queen’s Proclamation of Union. 
 
 6 
 
 Qualifications 
 ot Senator. 
 
 Summons of 
 Senator. 
 
 Summons of 
 First Body of 
 Slenators. 
 
Addition of 
 Senators in 
 certain cases. 
 
 Reduction of 
 Senate to 
 normal num- 
 ber. 
 
 Maximum 
 number of 
 Senators. 
 
 Tenure of place 
 in Senate. 
 Resignation of 
 Place in 
 Senate. 
 
 Disqualification 
 of Senators. 
 
 Summons on 
 Vacancy in 
 Senate. 
 
 Questions as to 
 Qualifications 
 and Vacancies 
 in Senate. 
 
 S2 
 
 26. If at any Time on the Recommendation of the Governor 
 General the Queen thinks fit to direct that Three or Six Members 
 be added to the Senate, the Governor General may by Summons 
 to Three or Six qualified Persons (as the Case may be), repre- 
 senting equally the Three Divisions of Canada, add to the 
 Senate accordingly. 
 
 27. In case of such Addition being at any Time made the 
 Governor General shall not summon any Person to the Senate, 
 except on a further like Direction by the Queen on the like 
 Recommendation, until each ol the Three Divisions of Canada 
 is represented by Twenty-four Senators and no more. 
 
 28. The Number of Senators shall not at any Time exceed 
 Seventy-eight. 
 
 29. A Senator shall, subject to the Provisions of this Act, 
 hold his Place in the Senate for Life. 
 
 30. A Senator may by Writing under his Hand addressed 
 to the Governor General resign his Place in the Senate, and 
 thereupon the same shall be vacant. 
 
 31. The Place of a Senator shall become vacant in any of 
 the following Cases : — 
 
 (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 Acknow- 
 ledgment 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. 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. 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. 
 
S3 
 
 34 . The Governor General may from Time to Time, by 
 Instrument under the Great Seal of Canada, appoint a Senator 
 to be Speaker of the Senate, and may remove him and appoint 
 another in his Stead. 
 
 35 . Until the Parliament of Canada otherwise provides, the 
 Presence of at least Fifteen Senators, including the Speaker, 
 shall be necessary to constitute a Meeting of the Senate for the 
 Exercise of its Powers. 
 
 36 . Questions arising in the Senate shall be decided by a 
 Majority of Voices, and the Speaker shall in all Cases have a 
 Vote, and when the Voices are equal the Decision shall be 
 deemed to be in the Negative. 
 
 The House of Commons. 
 
 37. The House of Commons shall, subject to the Provisions 
 of this Act, 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. 
 
 38 . 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. 
 
 3 ®. A Senator shall not be capable of being elected or of 
 sitting or voting as a Member of the House of Commons. 
 
 40 . Until the Parliament of Canada otherwise provides, 
 Ontario, Quebec, Nova Scotia, and New Brunswick shall, for 
 the Purposes of the Election of Members to serve in the House 
 of Commons, be divided into Electoral Districts as follows : — 
 
 1. — ONTARIO. 
 
 Ontario shall be divided into the Counties, Ridings of Coun- 
 ties, 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,. 
 
 6 * 
 
 Appointment cil 
 Speaker of 
 Senate. 
 
 Quorum of 
 Senate. 
 
 Voting ii* 
 Senate. 
 
 Constitution ol 
 House of 
 Commons in 
 Canada. 
 
 Summoning of 
 Houses of 
 Commons. 
 
 Senators not to 
 sit in House of 
 Commons. 
 Electoral dis- 
 tricts of the 
 four Provinces*. 
 
84 
 
 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 . — XKW BE UXS WICK. 
 
 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 
 Continuance of ^* str * c ' s shall be entitled to return One Member, 
 existing Elec- 41. Until the Parliament of Canada otherwise provides, all 
 Pari'ament'of'' ^aws f° rce the several Provinces at the Union relative to 
 Canada other- the following Matters or any of them, namely, — the Qualifi- 
 wise provides, cations and Disqualifications of Persons to be elected or to sit 
 or vote as Members of the House of Assembly or 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 Disso- 
 lution, — 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 Com- 
 mons 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. 
 
 riecUcm. 1 first 43. For the First Election of Members to serve in the House 
 of Commons the Governor General shall cause Writs to be 
 issued by such Person, in such Form, and addressed to such 
 Returning Officers as he thinks fit. 
 
 The Person issuing Writs under this Section shall have the 
 like Powers as are possessed at the Union by the Officers 
 
85 
 
 charged with the issuing of Writs for the Election of Members 
 to serve in the respective House of Assembly or Legislative 
 Assembly of the Province of Canada, Nova Scotia, or New 
 Brunswick ; and the Returning Officers to whom Writs are 
 directed under this Section shall have the like Powers as are 
 possessed at the Union by the Officers charged with the 
 returning of Writs for the Election of Members to serve in the 
 same respective House of Assembly or Legislative Assembly. 
 
 43 . In case a Vacancy in the Representation hr the House Asto Casual 
 of Commons of any Electoral District happens before the Vacancies, 
 Meeting of the Parliament, or after the Meeting of the Par- 
 liament before Provision is made by the Parliament in this 
 Behalf, the Provisions of the last foregoing Section of this Act 
 
 shall extend and apply to the issuing and returning of a Writ 
 in respect of such vacant District. 
 
 44 . The House of Commons on its first assembling after a As to Election 
 
 General Election shall proceed with all practicable Speed to ^P® a o k f er 
 elect One of its Members to be Speaker. Commons, 
 
 45 . In case of a Vacancy happening in the Office of Speaker As to filling up 
 by Death, Resignation, or otherwise, the House of Commons officeo? 1 * 
 shall with all practicable Speed proceed to elect another of its Speaker. 
 Members to be Speaker. 
 
 46 . The speaker shall preside at all Meetings of the House Speaker to 
 
 of Commons. prtslde - 
 
 47 . Until the Parliament of Canada otherwise provides, in Provision in 
 case of the Absence for any Reason of the Speaker from the “^ p ^^ ence 
 Chair of the House of Commons for a Period of Forty-eight 
 consecutive Hours, the House may elect another of its Members 
 
 to act as Speaker, and the Member so elected shall during the 
 Continuance of such Absence of the Speaker have and execute 
 all the Powers, Privileges, and Duties of Speaker. 
 
 48 . The Presence of at least Twenty Members of the House Quorum of 
 of Commons shall be necessary to constitute a Meeting of the tiouse of 
 House for the Exercise of its Powers ; and for that Purpose om,nons - 
 the Speaker shall be reckoned as a Member. 
 
 49 . Questionsarising in the House of Commons shall be Voting in 
 decided by a Majority of Voices other than that of the Speaker, oi Com ~ 
 and when the Voices are equal, but not otherwise, the Speaker 
 
 shall have a Vote. 
 
 50 . Every House of Commons shall continue for Five Years Duration ot 
 from the Day of the Return of the Writs for choosing the House commons 
 (subject to be sooner dissolved by the Governor General), and 
 
 no longer. 
 
 51. On the Completion of the Census in the Year One Decennial Ke- 
 
 adjustment of 
 
86 
 
 Represen- 
 
 tation. 
 
 Increase of 
 number of 
 Siouseof Com- 
 mons. 
 
 Appropriation 
 and tax Bills. 
 
 Recommenda- 
 tion of money 
 votes. 
 
 thousand eight hundred and seventy-one, and of each subsequent 
 decennial Census, the Representation of the Four Provinces 
 shall be readjusted by such Authority, in such Manner, and 
 from such Time, as the Parliament of Canada from Time to 
 Time provides, subject and according to the following Rules: — 
 
 (1.) Quebec shall have the fixed Number of Sixty-five 
 Members : 
 
 (2) . There shall be assigned to each of the other Provinces 
 
 sdch a Number of Members as will bear the same 
 Proportion to the Number of its Population (ascer- 
 tained at such Census) as the Number Sixty-h^e 
 bears to ihe Number of the Population of Quebec (so 
 ascertained) : 
 
 (3) . In the Computation of the Number of Members for a 
 
 Province a fractional Part not exceeding 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 Members for 
 
 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 ihe then last preceding Re-adjustment of 
 the Number of Members for the Province is ascer- 
 tained at the then latest Census to be diminished by 
 One Twentieth Part or upwards : 
 
 (5) . Such Re-adjustment shall not take effect until the Ter- 
 
 mination of the then existing Parliament. 
 
 32 . 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 Pro- 
 vinces prescribed by this Act is not therebv disturbed. 
 
 Money Votes ; Royal Assent. 
 
 53 . Bills for appropriating any Part of the Public Revenue, 
 or for imposing any Tax or Impost, shall originate in the House 
 of Commons. 
 
 54 . It shall not be lawful for the House of Commons to 
 adopt or pass any Vote, Resolution, Address, or Bill for the 
 Appropriation of any Part of the Public Revenue, or of any Tax 
 or Impost, to any Purpose that has not been first recommended 
 to that House by Message of the Governor General in the 
 
87 
 
 Session in which such Vote, Resolution, Address, or Bill is 
 proposed. 
 
 55 . Where a Bill passed by the Houses of the Parliament is Royal Assent 
 presented to the Governor Geneaal for the Queen’s Assent, he to Bill?, &c. 
 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 with- 
 holds the Queen’s Assent, or that he reserves the Bill for the 
 Signification of the Queen’s Pleasure. 
 
 56 . Where the Governor General assents to a Bill in the Disallowance 
 Queen’s Name, ne shall by the first convenient Opportunity by order in 
 send an authentic Copy of the Act to One of Her Majesty’s assented °o by 
 Principal Secretaries of State, and if the Queen in Council Governor 
 within Two Years after Receipt thereof by the Secretary of General ' 
 
 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 . A Bill reserved for the Signification of the Queen’s signification of 
 Pleasure shall not have any Force unless and until within Two Queen’s 
 Years from the Day on which it was presented to the Governor Preserved. 
 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. 
 
 V*. — Provincial Constitutions. 
 
 Executive Power. 
 
 58 . For each Province there shall be an Officer, styled the Appointment of 
 
 Lieutenant Governor, appointed by the Governor General in Governors of 
 Council by Instrument under the Great Seal of Canada. Provinces. 
 
 59 . A L ieutenant Governor shall hold Office during the Tenure ofoffice 
 Pleasure of the Governor General ; but any Lieutenant Governor ^|f r “ ta r nant 
 appointed after the Commencement of the First Session of the 
 Parliament of Canada shall not be removeable within Five 
 
 Years from his Appointment, except for Cause assigned, which 
 
88 
 
 Salaries of 
 Lieutenant 
 Governors. 
 
 Oaths, &c. 
 of Lieutenant 
 Governor. 
 
 Application of 
 provisions re- 
 ferring to Lieu- 
 tenant Go- 
 vernor. 
 
 Appointment of 
 Executive 
 Officers for 
 Ontario and 
 Quebec. 
 
 Executive Go- 
 vernment of 
 Nova Scotia 
 and New 
 Brunswick. 
 
 Powers to be 
 exercised by 
 Lieutenant 
 Governor of 
 Ontario or 
 Quebec with 
 advice or alone. 
 
 shall be communicated to him in Writing within One Month 
 after the Order for his Removal is made, and shall be commu- 
 nicated by Message to the Senate and to the House of Commons 
 within One Week thereafter if the Parliament is then sitting, 
 and if not then within One Week after the Commencement of 
 the next Session of the Parliament. 
 
 60. The Salaries of the Lieutenant Governors shall be fixed 
 and provided by the Parliament of Canada. 
 
 61 . Every Lieutenant Governor shall, before assuming the 
 Duties of his 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. The Provisions of this Act referring to the Lieutenant 
 Governor extend and apply to the Lieutenant Governor for the 
 Time beins: 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 . The Executive Council of Ontario and of Quebec shall 
 be composed of such Persons as the Lieutenant Governor from 
 Time to Time thinks fit, and in the first instance of the following 
 Officers, namely, — the 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. 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. 
 
 6o. 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 with the Advice and Consent, of the res- 
 pective Executive Councils thereof, or in conjunction with those 
 Councils, or with any Number of Members thereof, or bv those 
 Governors or Lieutenant Governors individually, shall, as far as 
 the same are capable of being exercised after the Union in 
 relation to the Government of Ontario and Quebec respectively, 
 be vested in and shall or may be exercised by the Lieutenant 
 Governor of Ontario and Quebec respectively, with the Advice 
 or with the Advice and Consent of or in conjunction with the 
 
89 
 
 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. 
 
 60 . The Provisions of this Act referring to the Lieutenant Application of 
 Governor in Council shall be construed as referring to the Lieu- 
 tenant Governor of the Province acting by and with the Advice tenant Go- 
 of the Executive Council thereof. Council 11 
 
 67. The Governor General in Council may from Time to Administration 
 Time appoint an Administrator to execute the Office and Func- in absence, &c. 
 tions of Lieutenant Governor during his Absence, Illness, or Governo™" 1 
 other Inability. 
 
 68. Unless and until the Executive Government of any Seats of Pro- 
 Province otherwise directs with respect to that Province, the vincialGomn- 
 Seats of Government of the Provinces shall be as follows, men s ' 
 namely, — of Ontario, the City of Toronto ; of Quebec, the City 
 
 of Quebec ; of Nova Scotia, the City of Halifax ; and of New 
 Brunswick, the City of Fredericton. 
 
 Legislative Power. 
 
 1.— ONTARIO. 
 
 69 . There shall be a Legislature for Ontario consisting of Legislature for 
 the Lieutenant Governor and of One House, styled the Legis- 0atario ' 
 lative Assembly of Ontario. 
 
 70 . The Legislative Assembly of Ontario shall be composed Electoral 
 of Eighty-two Members, 1o be elected to represent the Eighty- d:stncts ' 
 two Electoral Districts set forth in the First Schedule to this 
 
 Act. 
 
 2 .—QUEBEC. 
 
 71 . There shall be a Legislature for Quebec consisting of Legislature for 
 the Lieutenant Governor and of Two Houses, styled the Legis- Q uebec - 
 lative Council of Quebec and the Legislative Assembly of 
 Quebec. 
 
 72 . The Legislative Council of Quebec shall be composed Constitution of 
 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, 
 
90 
 
 Qualification of 
 Legislative 
 Councillors. 
 Resignation, 
 Disqualifica- 
 tion, &c. 
 
 Vacancies. 
 
 Questions as to 
 Vacancies, \:e. 
 
 Speaker of 
 Legislative 
 Council. 
 
 Quorum ot 
 Legislative 
 Council. 
 
 Voting in 
 Legislative . 
 Council. 
 
 Constitution of 
 Legislative 
 Assembly of 
 Quebec. 
 
 unless the Legislature of "Quebec otherwise provides under the 
 Provisions of this Act. 
 
 73 . The Qualifications of the Legislative Councillors of 
 Quebec shall be the same as those of the Senators for Quebec. 
 
 7 - 4 . The Place of . a Legislative Councillor of Quebec shall 
 become vacant in the Cases, mutatis mutandis , in which the 
 Place of Senator becomes vacant. 
 
 75 . When a Vacancy happens in the Legislative Council of 
 Quebec by Resignation, Death, or 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 . If any Question arises respecting the Qualification of a 
 Legislative Councillor of Quebec, or a Vacancy in the Legis- 
 lative Council of Quebec, the same shall be heard and deter- 
 mined by the Legislative Council. 
 
 77 . The Lieutenant Governor may from Time to Time, by 
 Instrument under the Great Seal of Quebec, appoint a Member 
 of the Legislative Council of Quebec to be Speaker thereof, 
 and may remove him and appoint another in his Stead. 
 
 78. Until the Legislature of Quebec otherwise provides, the 
 Presence of at least Ten Members of the Legislative Council, 
 including the Speaker, shall be necessary to constitute a 
 Meeting for the Exercise of its Powers. 
 
 79 . Questions arising in the Legislative Council of Quebec 
 shall be decided by a Majority of Voices, and the Speaker shall in 
 all Cases have a Vote, and when the Voices are equal the 
 Decision shall be deemed to be in the negative. 
 
 80 . 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. 
 
91 
 
 3 .— ONTARIO AND QUEBEC. 
 
 81 . The Legislatures of Ontario and Quebec respectively 
 shall be called together not later than Six Months after the 
 Union. 
 
 82 . The Lieutenant Governor of Ontario and of Quebec 
 shali 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 . 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 an annual Salary, or any Fee, Allowance, Emolument, 
 or profit of any Kind or Amount whatever from the Province 
 is attached, shall not be eligible as a Member of the Legis- 
 lative 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, Com- 
 missioner 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 . Until the Legislatures of Ontario and Quebec respec- 
 tively otherwise provide, all Laws which at the Union are 
 in force in those Provinces respectively, relative, to the follow- 
 ing Matters, or any of them, namely, — the Qualifications and 
 Disqualifications of Persons to be elected or to sit or vote as 
 Members of the Assembly of Canada, the Qualifications or 
 Disqualifications of Voters, the Oaths to be taken by Voters, 
 the Returning Officers, their Powers and Duties, the Pro- 
 ceedings at Elections, the Periods during which such Elections, 
 may be continued, and the Trial of controverted Elections and 
 the Proceedings incident thereto, the vacating of the Seats of 
 Members and the issuing and Execution of new Writs in case 
 of Seats vacated otherwise than by Dissolution, shall respec- 
 tively apply to Elections of Members to serve in the respeclive 
 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 
 
 First Session of 
 .Legislatures. 
 
 Summoning of 
 
 Legislative 
 
 Assemblies. 
 
 Restriction on 
 election ot 
 holders of 
 offices. 
 
 Continuance of 
 existing elec- 
 tion Laws. 
 
92 
 
 vote, every British Subject, aged Twenty-one Years or upwards, 
 being a Householder, shall have a Vote. 
 
 Duration of 85. Every Legislative Assembly of Ontario and every 
 Legislative Legislative Assembly of Quebec shall continue for Four Years 
 m Ies ' 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. 
 
 Yearly Session 86. There shall be a session of the Legislature of Ontario 
 of Legislature. an( j 0 f ^at () f Q ue bec 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. 
 
 Speaker, 87. The following Provisions of this Act respecting the 
 
 Quorum, Ac. jj ouge 0 f Commons of Canada shall extend and apply to the 
 Legislative Assemblies of Ontario and Quebec, that is to 
 say, — the Provisions relating to the Election of a Speaker 
 originally and on Vacancies, the Duties of the Speaker, the 
 absence of the Speaker, the Quorum, and the Mode of voting, 
 as if those Provisions were here re-enacted and made applicable 
 in Terms to each such Legislative Assembly. 
 
 4 . — SOYA SCOTIA AND XEW BRUNSWICK. 
 
 Constitutions 88- The Constitution of the Legislature of each of the 
 of Noro Scotia Provinces of Nova Scotia and New Brunswick shall, subject to 
 andNew the Provisions of this Act, continue as it exists at the Union 
 Brunswick. until altered under the Authority of this Act ; and the House 
 of Assembly of New Brunswick existing at the passing of this 
 Act shall, unless sooner dissolved, continue for the Period for 
 which it was elected. 
 
 5 . —ONTARIO, QUEBEC , A XI) XO VA SCOTIA. 
 
 First Elections. 89. Each of the Lieutenant Governors of Ontario, Quebec, 
 and Nova Scotia shall cause Writs to be issued for the First 
 Election of Members of the Legislative Assembly thereof in 
 such Form and by such Person as he thinks fit, and at such 
 Time and addressed to such Returning Officer as the Governor 
 General directs, and so that the First Election of Member of 
 Assembly for any Electoral District or any Subdivision thereof 
 shall be held at the same Time and at the same Places as the 
 Election for a Member to serve in the House of Commons of 
 Canada for that Electoral District. 
 
93 
 
 6 .— THE FOUR PROVINCES. 
 
 90 . The following Provisions of this Act respecting the Application to 
 Parliament of Canada, namely, — the Provisions relating to Legislatures of 
 Appropriation and Tax Bills, the Recommendation of Money J^cthfg^money 
 Votes, the Assent to Bills, the Disallowance of Acts, and the votes, &c. 
 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. 
 
 VI. — Distribution or Legislative Powers. 
 
 Powers of the Parliament. 
 
 91 . It shall be lawful for the Queen, by and with the Legislative 
 Advice and Consent of the Senate and House of Commons, to Authority of 
 make Laws for the Peace, Order, and good Government of Canada.*" 11 ° 
 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 any- 
 thing 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. The Public Debt and Property. 
 
 2 The Regulation of Trade and Commerce. 
 
 3. The raising of Money by any Mode or System of Taxa- 
 tion. 
 
 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 Allow- 
 ances of Civil and other Officers of the Government oi 
 Canada. 
 
 9. Beacons, Buoys, Lighthouses, and Sable Island. 
 
 10. Navigation and Shipping. 
 
 11. Quarantine and the Establishment and Maintenance of 
 Marine Hospitals. 
 
94 
 
 Subject of 
 exclusive f 
 vincial Leg 
 lation, 
 
 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. 
 
 IS. 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 Pro- 
 vinces. 
 
 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. 
 
 Exclusive Powers of Provincial Legislatures. 
 
 92 . In each Province the Legislature may exclusively make 
 Laws in relation to Matters coming within the Classes of 
 Subjects next hereinafter enumerated, that is to say, — 
 
 1. The Amendment from Time to Time, notwithstanding 
 
 anything in this Act, of the Constitution of the Pro- 
 vince, except as regards the Office of Lieutenant 
 Governor. 
 
 2. Direct Taxation within the Province in order to the 
 
 raising of a Revenue for Provincial Purposes. 
 
95 
 
 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 belong- 
 
 ing 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. 
 
 7. The Establishment, Maintenance, and Management of 
 
 Hospitals, Asylums, Charities, and Eleemosynary 
 Institutions in and for the Province, other than Marine 
 Hospitals. 
 
 8. Municipal Institutions in the Province. 
 
 9. Shop, Saloon, Tavern, Auctioneer, and other Licences 
 
 in order to the raising of a Revenue for Provincial, 
 Local, or Municipal Purposes. 
 
 10. Local Works and Undertakings other than such as are 
 
 of the following Classes, — 
 
 a. Lines of Steam or other Ships, Railways,, 
 
 Canals, Telegraphs, and other Works and 1 
 Undertakings connecting the Province with 
 any other or others of the Provinces, or extend- 
 ing beyond the Limits of the Province : 
 
 b. Lines of Steam Ships between the Province and 
 
 any British of Foreign Country : 
 
 c. Such Works as, although wholly situate within 
 
 the Province, are before or after their Execu- 
 tion 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. 
 
 13. Property and Civil Rights in the Province. 
 
 14. The Administration of Justice in the Province, includ- 
 
 ing 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 
 
96 
 
 made in relation to any Matter coming within any of 
 the Classes of Subjects enumerated in this Section. 
 Generally all Matters of a merely local or private 
 Nature in the Province. 
 
 Education. 
 
 In and for each Province the Legislature may exclu- 
 make Laws in relation to Education, subject and 
 according to the following Provisions : — 
 
 (I.) 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 Dissen- 
 tient Schools exists by Law at the Union or is there- 
 after 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 due Execution of the Provisions of this Section 
 is not made, or in case any Decision of the Governor 
 General in Council on any Appeal under this Section 
 is not duly executed by the proper Provincial Autho- 
 rity in that Behalf, then and in every such Case, and 
 as far only as the Circumstances of each Case require, 
 the Parliament of Canada may make remedial Laws 
 for the due Execution of the Provisions of this Section 
 and of any Decision of the Governor General in 
 Council under this Section. 
 
 16. 
 
 .Legislation 93 . 
 
 respecting edu- 
 cation. 
 
 sively 
 
97 
 
 Uniformity of Laws in Ontario , Nova Scotia, and New 
 Brunswick. 
 
 . 94 . Notwithstanding anything in this Act, the Parliament legislation for 
 01 Canada may make Provision for the Uniformity of all or uniformity of 
 any of the Laws relative to Property and Civil Rights in princes. ^ 
 Ontario, Nova Scotia, and New Brunswick, and of the Pro- 
 cedure 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, notwithstand- 
 ing 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. 
 
 Agriculture and Immigration. 
 
 95 . In each Province the Legislature may make Laws in Concurrent 
 relation to Agriculture in the Province, and to Immigration legislation rea- 
 into the Province ; and it is hereby declared that the Parlia- pectin g-Agri- 
 ment of Canada may from Time to Time make Laws cu,ture > &c ’ 
 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 only as it is not repugnant to any Act of the 
 Parliament of Canada. 
 
 VII. — Judicature. 
 
 96 . 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 Bruns- 
 wick. 
 
 97 . Until the Laws relative to Property and Civil Rights in Selection of 
 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 . The Judges of the Courts of Quebec, shall be selected Selection of 
 
 from the Bar of that Province. Quebec'. 11 
 
 99 . The Judges of the Superior Courts shall hold office Tenure of 
 
 office of Judges 
 
 Appointment of 
 Judges. 
 
98 
 
 of Superior 
 Courts. 
 
 Salaries, fee. of 
 Judges. 
 
 General Court 
 of Appeal, fee. 
 
 Creation ot 
 Consolidated 
 revenue fund. 
 
 Expenses of 
 collection, &c. 
 
 Interest of Pro- 
 vincial public 
 debts. 
 
 Salary of Go- 
 vernor Ge- 
 neral. 
 
 Appropriation 
 from time to 
 time. 
 
 during good Behaviour, but shall be removable by the Governor 
 General on Address of the Senate and House of Commons. 
 
 1©©. 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 for 
 the Time being paid by Salary, shall be fixed and provided by 
 the Parliament of Canada. 
 
 101 . The Parliament of Canada may, notwithstanding 
 anything in this Act, from Time to Time, provide for the Con- 
 stitution, Maintenance, and Organization of a General Court 
 of Appeal for Canada, and for the Establishment of any addi- 
 tional Courts for the better Administration of the Laws of 
 Canada. 
 
 VIII. — Revenues ; Debts ; Assets ; Taxation. 
 
 109 . 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 in this Act provided. 
 
 103 . 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 other- 
 wise provides. 
 
 104 . 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. 
 
 103 . 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 . Subject to the several Payments by this Act charged 
 on the Consolidated Revenue Fund of Canada, the same shall 
 
99 
 
 be appropriated by the Parliament of Canada for the Public 
 Service. 
 
 107 . All Stocks, Cash, Banker’s Balances, and Securities Transferor 
 for Money belonging to each Province at the Time of the Union, stocks > * c - 
 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 . The Public Works and Property of each Province, Transfer of 
 enumerated in the Third Schednle to this Act, shall be the schedule.' 11 
 Property of Canada. 
 
 109 . All Lands, Mines, Minerals, and Royalties belonging Property in 
 to the several Provinces of Canada, Nova Scotia, and New Lands, Mines, 
 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 some 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. All Assets connected with such Portions of the Public Assets copnec- 
 
 Debt of each Province as are assumed by that Province shall ted with Pro- 
 belong to that Province. vmcial dehts ’ 
 
 111. Canada shall be liable for the Debts and Liabilities of 
 each Province existing at the Union. 
 
 1 IS. 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 Centun per Annum thereon. 
 
 113. 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 . 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 . 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 wilh Interest at the 
 Rate of Five per Centum per Annum thereon. 
 
 116. 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 Govern- 
 ment of Canada Interest at Five per Centum per Annum on the 
 
 Canada to be 
 liable to 
 Provincial 
 debts. 
 
 Debts of On- 
 tario and 
 Quebee- 
 
 Assets of 
 Ontario and* 
 Quebec. 
 
 Debt of Nova ^ 
 Scotia. 
 
 Debt of New 
 Brunswick,. 
 
 Payment of 
 interest to 
 Nova Scotia 
 and New 
 Brunswick. 
 
 7 * 
 
100 
 
 Difference between the actual Amounts of their respective 
 Debts and such stipulated Amounts. 
 
 117. 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. The following Sums shall be paid yearly by Canada 
 to the several Provinces for the Support of their Governments 
 and Legislatures : 
 
 Dollars. 
 
 Ontario Eighty thousand. 
 
 Quebec ------ Seventy thousand. 
 
 Nova Scotia ----- Sixty thousand. 
 
 New Brunswick - - - - Fifty thousand. 
 
 Two hundred and sixty thousand ; 
 and an annual Grant in aid of each Province shall be made, 
 equal to Eighty Cents per Head of the Population as ascertained 
 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 
 those two Provinces amounts to Four hundred thousand Souls, 
 at which Rate such Grant shall thereafter remain. Such 
 Grants shall be in full Settlement of all future Demands on 
 Canada, and shall be paid half-yearly in advance to each Pro- 
 vince ; but the Government of Canada shall deduct from such 
 Grants, as against any Province, all Sums chargeable as 
 Interest on the Public Debt of that Province in excess of the 
 several A mounts stipulated in this Act. 
 
 Further grant 119 . New Brunswick shall receive by half-yearly Payments 
 wick 6W Brun3 " in advance from Canada for the Period of Ten Years from the 
 Union an additional Allowance of Sixty-three thousand 
 Dollars par Annum ; but as long as the Public Debt of that 
 Province remains under Seven million Dollars, a Deduction 
 equal to the Inlerest at Five per Centum per Annum on such 
 Deficiency shall be made from that Allowance of Sixty-three 
 thousand Dollars. 
 
 Form of pay- 120 . All Payments to be made under this Act, or in 
 fnent3 ' 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 
 from Time to Time be ordered by the Governor General in 
 Council. 
 
 Provincial 
 public pro- 
 perty. 
 
 Grants to 
 Provinces. 
 
101 
 
 121 . 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 . 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 . Where Cusloms Duties are, at the Union, leviable on 
 any Goods, Wares, or Merchandises in any Two Provinces, 
 those Goods, Wares, and 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 Pay- 
 ment of such further Amount (if any) of Customs Duty as is 
 leviable thereon in the Province of Importation. 
 
 124 . 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 Bruns- 
 wick, 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 ihe Provinces other than New Brunswick 
 shall not be subject to such Dues. 
 
 125 . No Lands or Property belonging to Canada or any 
 Province shall be liable to Taxation. 
 
 126 . Such Portions of the Duties and Revenues over which 
 the respective Legislatur.-s of Canada, Nova Sco ia, 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 con- 
 ferred upon them by this Act, shall in each Province form One 
 Consolidated Revenue Fund to be appropriated for the Public 
 Service of the Province. 
 
 Canadian ma- 
 nufactures, fleer- 
 
 Continuance of 
 customs and 
 excise Laws. 
 
 Exportation 
 and Importa- 
 tion as 
 between two 
 Provinces. 
 
 Lumber Dues 
 in New Bruns- 
 wick. 
 
 Exemption oi 
 Public 
 Lands, Are. 
 
 Provincial 
 Consolidated 
 revenu fund. 
 
 IX. MISCELLANEOUS PROVISIONS. 
 
 General. 
 
 127 . If any Person being at the passing of this Act aAstoLegts- 
 Member of the Legislative Council of Canada, Nova Scotia, 
 or New Brunswick, to whom a Place in the Senate is offered, vinces be- 
 does not within Thirty Days thereafter, by Writing under his senn ‘ 
 Hand addressed to the Governor General of the Province of 
 Canada or to the Lieutenant Governor of Nova Scotia or New 
 Brunswick (as the Case may be), accept the same, he shall be 
 
102 
 
 Oath. of Alle- 
 giance, &c. 
 
 Continuance of 
 existing Laws, 
 Courts, Of- 
 ficers, &c. 
 
 Transfer of 
 officers to 
 Canada. 
 
 Appointment of 
 new officers. 
 
 deemed to have declined the same ; and any Person who, 
 being at the passing of this Act a Member of the Legislative 
 Council of Nova Scotia or New Brunswick, accepts a Place 
 in the Senate shall thereby vacate his Seat in such Legislative 
 Council. 
 
 128 . 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 Pro- 
 vince 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 Person authorized by him, the Declaration of Quali- 
 fication contained in the same Schedule. 
 
 129 . 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 
 Province, according to the Authority of the Parliament or of 
 that Legislature under this Act. 
 
 130 . 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 Legislatures 
 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 ihe Union 
 had not been made. 
 
 131 . Until the Parliament of Canada otherwise provides, 
 the Governor General in Council may from Time to Time 
 appoint such Officers as the Governor General in Council deems 
 necessary or proper for die effectual Execution of this Act. 
 
103 
 
 133. The Parliament and Government of Canada shall 
 have all Powers necessary or proper for performing the Obliga- 
 tions 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 . Either the English or the French Language may be 
 used by any Person in the Debates of the Houses of the Par- 
 liament of Canada and of the Houses of Hhe 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 Lan- 
 guages. 
 
 Ontario and Quebec. 
 
 134 . 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. 
 
 13 £>. Until the Legislature of Ontario or Quebec otherwise 
 provides, all Rights, Powers, Duties, Functions, Responsi- 
 bilities, 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 Minister of Agriculture and Receiver General, by any 
 Law, Statute or Ordinance of Upper Canada, Lower Canada, 
 
 Treaty obli- 
 gations. 
 
 Use of English 
 and French 
 Languages. 
 
 Appointment of 
 executive of- 
 ficers for Onta- 
 rio and Quebec. 
 
 Powers, duties, 
 &c. of Execu- 
 tive officers. 
 
104 
 
 Great Seals. 
 
 Construction of 
 
 temporary 
 
 Acts. 
 
 As to Errors in 
 names. 
 
 As to issue of 
 Proclamations 
 before Union, 
 to commence 
 alter Union. 
 
 As to issue of 
 Proclamations 
 after Union. 
 
 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 or any of them ; and 
 the Commissioner of Agriculture and Public Works shall 
 perform the Duties and Functions of the Office cf 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 . Until altered by 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 . 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 . 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 . Any Proclamation under the Great Seal of the Pro- 
 vince 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 . 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 of 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 
 
105 
 
 of the like Force and Effect in Ontario or Quebec as if the 
 Union had not been made. 
 
 141 . The Penitentiary of the Province of Canada shall, Penitentiary, 
 until the Parliament of Canada otherwise provides, be and 
 continue the Penitentiary of Ontario and of Quebec. 
 
 143 . The Division and Adjustment of the Debts, Credits, Arbitration res- 
 Liabilities, Properties, and Assets of Upper Canada and Lower ^ tmg debls ’ 
 Canada shall be referred to the Arbitrament of Three Arbitra- 
 tors, 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 Govern- 
 ment of Canada shall not be a Resident either in Ontario or in 
 Quebec. 
 
 143 . The Governor-General in Council may from Time to Division of 
 Time order that such and so many of the Records, Books, and records. 
 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. 
 
 1 44 . The Lieutenant Governor of Quebec may from Time Constitution of 
 
 to Time, by Proclamation under the Great Seal of the Province, m 
 
 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. 
 
 X. — Intercolonial Railway. 
 
 145 . Inasmuch as the Provinces of Canada, Nova Scotia, Duty of Go- 
 and New Brunswick have joined in a Declaration that the payment of 
 Construction of the Intercolonial Railway is essential to the Canada to 
 Consolidation of the Union of British North America, and to ^ay^reiri 
 the Assent thereto of Nova Scotia and New Brunswick, and described, 
 have consequently agreed that Provision should be made for 
 
 its immediate Construction by the Government of Canada : 
 
 Therefore, in order to give effect to that Agreement, it shall be 
 the Duty of the Government and Parliament of Canada to pro- 
 vide for the Commencement within Six Months after the 
 Union, of a Railway connecting the River St. Lawrence with 
 City of Halifax in Nova Scotia, and for the Construction 
 
106 
 
 Power to 
 admit New- 
 foundland, &c. 
 into the Union . 
 
 As to Repre- 
 sentation of 
 Newfoundland 
 and Prince 
 Edward Island 
 in Senate. 
 
 thereof without Intermission, and the Completion thereof with 
 all practicable Speed. 
 
 XI. — Admission of other Colonies. 
 
 146 . 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 . 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. 
 
107 
 
 SCHEDULES. 
 
 The FIRST SCHEDULE. 
 
 Electoral Districts of Ontario. 
 A. 
 
 Existing Electoral Divisions. 
 
 1. Prescott. 
 
 2. Glengarry 
 
 3. Stormont. 
 
 4. Dundas. 
 
 5. Russell. 
 
 Counties. 
 
 6. Carleton. 
 
 7. Prince Edward. 
 
 8. Halton. 
 
 9. Essex. 
 
 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. 
 
108 
 
 27. West Riding of Elgin. 
 
 28. North Riding of Waterioo. 
 
 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 Brock viile, with the Township of Elizabeth- 
 town 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 Divisions. 
 
 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, Albemarle, 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, 
 
109 
 
 Grey, Colborne, Hullett, including the Village of 
 Clinton, and McKillop. 
 
 48. The South Riding to consist of the Town of Goderich 
 and the Township of Goderich, Tuekersmith, 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 Stralhroy. 
 
 [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, 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 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, Dowtiie, South Easthope, Fullarton, 
 Hibbert, and the Villages of Mitchell and Ste. Marys. 
 
110 
 
 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 Wood- 
 house, 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 Gains- 
 borough, (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 Couuty of Simcoe). 
 
 The County of Simcoe, divided into Two Ridings, to be 
 called respectively the South and the North Ridings : — 
 
Ill 
 
 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 Colling- 
 wood. 
 
 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 Towships of Anson, 
 Bexley, Carden, Dalton, Digb.y, 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 T wo 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 Ashburn- 
 ham, 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 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, Mar- 
 mora, 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, to consist of the Townships 
 of Richmond, Adolphustown, North Fredericksburgh, 
 
112 
 
 South Fredericksburgh, Ernest Town, and Amherst 
 Island, and the Village ol Xapanee. 
 
 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. 
 
 SO. 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, Admas- 
 ton, 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, Wilber- 
 force, 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. 
 
 Every Town and incorporated Village existing at the Union, 
 not specially mentioned in this Sehedule, is to be taken as Part 
 of the County or Riding withih which it is locally situate. 
 
 THE SECOND SCHEDULE. 
 
 Electoral Districts of Quebec specially fixed. 
 
 Pontiac. 
 
 Ottawa. 
 
 Argenteuil. 
 
 Huntingdon. 
 
 Counties of — 
 
 Missisquoi. 
 Brome. 
 Shefford. 
 Stanstead. 
 Town of 
 
 Compton. 
 
 Wolfe and Richmond. 
 Megantic. 
 
 Sherbrooke. 
 
113 
 
 THE THIRD SCHEDULE. 
 
 Provincial Public Works and Property to be the Properly of 
 
 Canada. 
 
 1. Canals, with Lands and Water Power connected there- 
 with. 
 
 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 Legislatures 
 and Governments. 
 
 9. Property transferred by the Imperial Government, and 
 known as Ordnance Property. 
 
 10. Armouries, Drill Sheds, Military Clothing, and Muni- 
 tions of War, and Lands set apart for general Public 
 Purposes. 
 
 THE FOURTH SCHEDULE. 
 
 Assets to be the Property of Ontario and Quebec conjointly. 
 
 Upper Canada Building Fund. 
 
 Lunatic Asylums. 
 
 Normal School. 
 
 Court Houses, 1 
 in I 
 
 Aylmer. > Lower Canada. 
 
 Montreal. \ 
 
 Kamouraska. J 
 
 Law Society, Upper Canada. 
 
 Montreal Turnpike Trust. 
 
 8 
 
114 
 
 University Permanent Fund. 
 
 Royal Institution. 
 
 Consolidated Municipal Loan Fund, Upper Canada. 
 Consolidated Municipal Loan Fund, Lower Canada. 
 Agricultural Society, Upper Canada. 
 
 Lower Canada Legislative Grant. 
 
 Quebec Fire Loan. 
 
 Tamiscouata Advance Account. 
 
 Quebec Turnpike Trust. 
 
 Edu cation — E ast. 
 
 Building and Jury Fund, Lower Canada. 
 Municipalities Fund. 
 
 Lower Canada Superior Education Income Fund. 
 
 THE FIFTH SCHEDULE. 
 
 Oath of Allegiance. 
 
 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 (os 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 
 
115 
 
 eollusively or colourably obtained a Title to or become pos- 
 sessed 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 5e] , and that my Real 
 and Personal Property are together worth Four thousand 
 Dollars over and above my Debts and Liabilities. 
 
ANNO TRICESIMO 
 
 YICTORIiE E, E G I N iE . 
 
 CAP. XVI. 
 
 An Act for authorizing a Guarantee of Interest on a 
 Loan to be raised "by Canada towards the Construc- 
 tion of a Railway connecting Quebec and Halifax. 
 
 [\2lh April , 1867.] 
 
 W HEREAS the construction of a Railway connecting the 
 Port of Riviere du Loup , in the Province of Quebec , with 
 the line of railway leading from the city of Halifax , in the Pro- 
 vince of Nova Scotia , at or near the town of Truro , in a line, 
 and on conditions approved by one of Her Majesty’s Principal 
 Secretaries of State, would conduce to the welfare of Canada 
 and promote the interest of the British Empire : 
 
 And whereas it would greatly facilitate the construction of 
 that railway (in this Act referred to as the railway) if payment 
 of interest on part of the money required to be raised for the 
 same were guaranteed under the authority of Parliament : 
 
 Be it therefore enacted by the Queen’s most Excellent Ma- 
 jesty, by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament As- 
 sembled, and by the authority of the same as follows : 
 
 1. Subject to the provisions of this Act, the Commissioners Power for trea- 
 of Her Majesty’s Treasury may guarantee, in such manner and 
 form as they think fit, payment of interest at a rate not exceed- loan, 
 ing four per centum per annum on any principal money not 
 exceeding the sum of three million pounds sterling, to be raised 
 by way of loan by the Government of Canada for the purpose of 
 the construction of the railway; and the Commissioners of 
 
118 
 
 Her Majesty’s Treasury may from time to time cause to be 
 issued out of the consolidated fund of the United Kingdom, or 
 the growing produce thereof, any money required for giving 
 effect to such guarantee. 
 
 Approval ofiine 2- The Commissioners of Her Majesty’s Treasury shall not 
 and use of rail- give any guarantee under this Act unless and until an Act of 
 way ior troops, ^ p ar ij amen t Q f Canada has been passed, within two years 
 after the union of Canada under the British North America 
 Act, 1867, providing to the satisfaction of one of Her Majesty’s 
 Principal Secretaries of State, as follows : 
 
 1. For the construction of the railway : 
 
 2. For the use of the railway at all times for Her Majesty’s 
 
 military and other service : 
 
 Nor unless and until the line in which the railway is to be 
 constructed has been approved by one of Her Majesty’s Prin- 
 cipal Secretaries of State. 
 
 K eSe n of' 3- The Commissioners of Her Majesty’s Treasury shall not 
 loan charg-ed 0 n gi ye any guarantee under this Act unless and until an Act of 
 Canadian Re- the Parliament of Canada has been passed providing, to the 
 sfnting ^Fund, satisfaction of the Commissioners of Her Majesty’s Treasury, 
 as follows : 
 
 1. For the raising, appropriation and expenditure for the 
 
 purpose of the construction of the railway of a loan 
 not exceeding Three Million Pounds Sterling, bearing 
 interest at a rate not exceeding four per centum per 
 annum : 
 
 2. For charging the Consolidated Revenue Fund of Canada 
 
 with the principal and interest of the loan immediately 
 after the charges specifically made thereon by Sections 
 One Hundred and Three, One Hundred and Four, and 
 One Hundred and Five of The British North America 
 Act, 1867 : 
 
 3. For the payment by the Government of Canada by way of 
 
 Sinking Fund of an annual sum at the rate of one per 
 centum per annum on the entire amount of principal 
 money whereon Interest is guaranteed, to be remitted 
 the Commissioners of Her Majesty’s Treasury by equal 
 half-yearly payments in such manner as they from time 
 t to time direct, and to be invested and accumulated 
 under their direction in the name of four Trustees, 
 nominated from time to time, two by the Commis- 
 sioners of Her Majesty’s Treasury and two by the Govern- 
 ment of Canada , 1 such Sinking Fund and its accu- 
 mulations to be invested in securities of the Provinces 
 
119 
 
 of Canada , Nova Scotia and New Brunswick , issued 
 before the Union of Canada, or, at the option of the 
 Government of Canada, in such other securities as may 
 be proposed by that Government and approved by the 
 Commissioners of Her Hajesty’s Treasury, and to be 
 applied under the direction of the Commissioners of 
 Her Majesty’s Treasury in discharge of principal money 
 whereon interest is guaranteed ; 
 
 4. For charging the Consolidated Revenue Fund of Canada 
 
 with the amount of the Sinking Fund immediately after 
 the principal and interest of the loan : 
 
 5. For charging the Consolidated Revenue Fund of Canada 
 
 with any sum issued out of the Consolidated Fund of 
 the United Kingdom under this Act, with interest thereon 
 at the rate of five per centum per annum , immediately 
 after the Sinking Fund ; 
 
 €. For continuance of the Sinking Fund until all principal 
 and interest of the loan, and all sums issued out of the 
 Consolidated Fund of the United Kingdom under this 
 Act, and all interest thereon, are fully discharged, or 
 until the Sinking Fund and its accumulations are 
 adequate to discharge so much thereof as remains undis- 
 charged ; 
 
 7. For the raising by the Government of Canada (without 
 guarantee by the Commissioners of Her Majesty’s Trea- 
 sury) of all such money (if any) beyond the sum of 
 three million pounds sterling as, in the opinion of one 
 of Her Majesty’s Principal Secretaries of State, will be 
 requisite for the construction of the railway, and for 
 charging the Consolidated Revenue Fund of Canada 
 with the money so raised, and interest, immediately 
 after the charges made thereon in pursuance of the fore- 
 going provisions of this section. 
 
 4. There shall be laid before both Houses of Parliament, statement and 
 within fourteen days next after the beginning of every session, SdbrfOTehou* 
 a statement and account showing what has been done from ses of Parim- 
 time to time in execution or pursuance of this Act by or under ment - 
 
 the direction of the Commissioners of Her Majesly’s Treasury, 
 and one of Her Majesty’s Principal Secretaries of State., and 
 the Parliament and Government of Canada. 
 
 5 . This Act may be cited as The Canada Railway Loan short tide. 
 Act, 1867. 
 
CANADA 
 
 By the QUEEN. 
 
 A PROCLAMATION 
 
 For uniting the Provinces of Canada, Nova Scotia, and New Brunswick, into 
 one Dominion, under the name of Canada. 
 
 W HEREAS by an Act of Parliament, passed on the twenty-ninth day 
 of March, one thousand eight hundred and sixty-seven, in the 
 thirtieth year of Our reign, intituled: “An Act for the Union of Canada, 
 “ Nova Scotia and New Brunswick, and the Government thereof and for 
 “ purposes connected therewith,” after divers recitals, it is enacted that 
 “ it shall be lawful for the Queen, by and with the advice of Her Majesty’s 
 “ Most Honorable 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;” and it is thereby further 
 enacted that “ Such Persons shall be first summoned to the Senate as the 
 “ Queen by warrant, under Her Majesty’s Royal Sign Manual, thinks fit 
 “ to approve, and their names shall be inserted in the Queen’s Proclama- 
 “ tion of Union ; We, therefore by and with the advice of Our Privy 
 Council, have thought fit to issue this Our Royal Proclamation, and We 
 do ordain, declare and command that on and after the first day of July, 
 one thousand eight hundred and sixty-seven, the Provinces of Canada, 
 Nova Scotia and New Brunswick shall form and be One Dominion under 
 the name of Canada : 
 
 And We do further ordain and declare that the persons whose names are 
 herein inserted and set forth are the persons of whom We have by War- 
 rant under Our Royal Sign Manual thought fit to approve as the persons 
 who shall be first summoned to the Senate of Canada : 
 
 For the Province of Ontario. 
 
 John Hamilton. 
 
 Roderick Matheso*. 
 
 John Ross. 
 
 Samuel Mills. 
 
 Benjamin Seymour. _ 
 
 Walter Hamilton Dickson. 
 James Shaw. 
 
 Adam Johnston Fergusson Blair. 
 Alexander Campbell. 
 
 David Christie. 
 
 James Cox Aikins. 
 
 David Reesor. 
 
 9 
 
 Elijah Leonard. 
 
 William MacMaster. 
 
 Asa Allworth Burnham. 
 John Simpson. 
 
 James Skead. 
 
 David Lewis Macpherson. 
 George Crawford. 
 
 Donald Macdonald. 
 Oliver Blake. 
 
 Billa Flint. 
 
 Walter McCrea. 
 
 George William Allah. 
 
122 
 
 For the Provi 
 
 James Leslie. 
 
 Asa Pelknap Foster. 
 
 Joseph Noel Bosse. 
 
 Louis A. Olivier. 
 
 Jacques Olivier Bureau. 
 
 Charles Malhiot. 
 
 Louis Renaud. 
 
 Luc Letellier de St. Just. 
 
 Ulric J oseph Tessier. 
 
 John Hamilton- 
 Charles Cormier. 
 
 Antoine Juchereau Duchesnay. 
 
 For the Pr 
 
 Edward Kenny. 
 
 Jonathan McCully. 
 
 Thomas D. Archibald. 
 
 Robert B. Dickey. 
 
 John H. Anderson. 
 
 John Holmes. 
 
 tee of Quebec. 
 
 David Edward Price. 
 
 Elzear H. J. Duchesnay. 
 
 Leandre Dumouchel. 
 
 .Louis Lacoste. 
 
 Joseph F. Armand. 
 iCharles Wilson. 
 
 William Henry Chaffers. 
 
 Jean Baptiste Guevremont. 
 
 James Ferrier. 
 
 Sir Narcisse Fortunat Belleau, Knight 
 'Thomas Ryan. 
 
 John Sewell Sanborn. 
 
 of Nova Scotia. 
 
 John W. Ritchie. 
 
 Benjamin Wier. 
 
 John Locke. 
 
 Caleb R. Bill. 
 
 John Bourinot. 
 
 William Miller. 
 
 For the Province of New Brunswick. 
 
 Amos Edwin Botsford. 
 Edward Barron Chandler. 
 John Robertson. 
 
 Robert Leonard' Hazen. 
 William Hunter Odell. 
 David Wark. 
 
 William Henry Steeves'. 
 William Todd. 
 
 John Ferguson. 
 
 Robert Duncan WilinOt. 
 Abner Reid MeClelan. 
 Peter Mitchell. 
 
 Given at Our Court, at Windsor Castle, this twenty-second day of Naif. 
 
 in the year of Oiir Lord, one thousand’ eight hundred and' 
 sixty-seven, and in the thirtieth year of Our reign. 
 
 GOD save the QUEEN. 
 
 C A N- ADA. 
 
 By His Excellency the Right Honorable C sta tiles Stanley Viscount Moxck. 
 Baron Monck of Ballytrammon, in the County of Wexford, in the 
 Peerage of Ireland, and Baron Monck of Ballytrammon, in the County 
 of Wexford, in the Peerage of the United Kingdom of Great Britain 
 and Ireland, Governor General of Canada, Ac., Ac., Ac. 
 
 To all to whom these presents shall come — Greeting : 
 
 A PROCLAMATION. 
 
 W HEREAS Her Majesty the Queen, by Her Letters Patent, under the 
 Seal of the United Kingdom of Great Britain and Ireland, bearing 
 date at Westminster, on the' First. day of June, in the Thirtieth year of 
 Her Reign, hath been graciously pleased to constitute and- appoint me to 
 
123 
 
 be Governor General of Canada, with all and every the powers and autho- 
 rities in the said Letters Patent contained, and which belong to the said 
 office ; Now Know Ye, and I have therefore, with the advice of the Queen's 
 Privy Council for Canada, thought fit to issue this Proclamation to make 
 known, and I do hereby make known, Her Majesty’s said appointment j 
 Of all which Her Majesty’s loving subjects, and all others whom it may con- 
 cern, are to take notice thereof and govern themselves accordingly. 
 
 Given under my Hand and Seal at Arms, at OTTAWA, this 
 FIRST day of JULY, in the year of Our Lord one thou- 
 sand eight hundred and sixty-seven, and in thirty-first 
 year of Her Majesty’s Reign, 
 
 MONCK. 
 
 By Command, 
 
 JOHN A. MACDONALD.