An Act for the temporary Government of Rupert's Land and the North-Western Territory when united with Canada

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Temporary Government of Rupert's Land Act, 1869
73232Temporary Government of Rupert's Land Act, 1869


Contents[edit]

An Act for the temporary Government of Rupert's Land and the North-Western Territory when united with Canada

Preamble.
1. Name of territories.
2. Appointment and functions of Lieutenant-Governor.
Power to him to make laws.
3. Instructions to Lieutenant-Governor.
4. Appointment of Council to Lieutenant-Governor.
5. Existing laws to remain in force.
6. Public officers, & c. to retain office.
7. Duration of this Act.




32 & 33 Victoria, c. 3 (Canada)


An Act for the temporary Government of Rupert's Land and the North-Western Territory when united with Canada


[Assented to 22nd June, 1869.]


Preamble.

 Whereas it is probable that Her Majesty the Queen may, pursuant to The British North America Act, 1867, be pleased to admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, before the next Session of the Canadian Parliament:

And whereas it is expedient to prepare for the transfer of the said Territories from the Local Authorities to the Government of Canada, at the time appointed by the Queen for such admission, and to make some temporary provision for the Civil Government of such Territories until more permanent arrangements can be made by the Government and Legislature of Canada;

Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Name of territories.

1. The said Territories when admitted as aforesaid, shall be styled and known as The North-West Territories"

Appointment and functions of Lieutenant-Governor.
2. It shall be lawful for the Governor, by any Order or Orders, to be by him from time to time made, with the advice of the Privy Council, (and subject to such conditions and restrictions as to him shall seem meet) to authorize and empower such Officer as he may from time to time appoint as Lieutenant-Governor of the North-West Territories, to make provision for the administration of Justice therein,
Power to him to make laws.

and generally to make, ordain, and establish all such Laws, Institutions and Ordinances as may be necessary for the Peace, Order and good Government of Her Majesty's subjects and others therein; provided that all such Orders in Council, and all Laws and Ordinances, so to be made as aforesaid, shall be laid before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively.

Instructions to Lieutenant-Governor.

3. The Lieutenant-Governor shall administer the Government under instructions from time to time given him by Order in Council.

Appointment of Council to Lieutenant-Governor.

4. The Governor may, with the advice of the Privy Council, constitute and appoint, by Warrant under his Sign Manual, a Council of not exceeding fifteen nor less than seven persons, to aid the Lieutenant-Governor in the administration of affairs, with such powers as may be from time to time conferred upon them by Order in Council.

Existing laws to remain in force.

5. All the Laws in force in Rupert's Land and the North-Western Territory, at the time of their admission into the Union, shall so far as they are consistent with The British North America Act, 1867,—with the terms and conditions of such admission approved of by the Queen under the 146th section thereof,—and with this Act,—remain in force until altered by the Parliament of Canada, or by the Lieutenant Governor under the authority of this Act.

Public officers, & c. to retain office.

6. All Public Officers and Functionaries holding office in Rupert's Land and the North-Western Territory, at the time of their admission into the Union, excepting the Public Officer or Functionary at the head of the administration of affairs, shall continue to be Public Officers and Functionaries of the North-West Territories with the same duties and powers as before, until otherwise ordered by the Lieutenant Governor, under the authority of this Act.

Duration of this Act.

7. This Act shall continue in force until the end of the next Session of Parliament.[1]



This work is in the public domain worldwide because it was prepared or published by or under the direction or control of the Canadian Government or any government department prior to 1974.

Section 12 of the Canadian Copyright Act provides a reservation for Crown rights or privileges. Lack of modern case law on the subject makes it unclear whether perpetual prerogative rights over these documents still apply, or whether these rights have lapsed. Notwithstanding, these documents are reproducible under the terms of the Reproduction of Federal Law Order.

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Notes[edit]

  1. The Act was re-enacted and continued in force for a further period of time by the Manitoba Act 1870, s. 36

Source[edit]