British North America Act, 1867
- I. Preliminary.
- II. Union.
- III. Executive Power.
- 9. Declaration of Executive Power in the Queen.
- 10. Application of Provisions referring to Governor General.
- 11. Constitution of Privy Council for Canada.
- 12. All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone.
- 13. Application of Provisions referring to Governor General in Council.
- 14. Power to Her Majesty to authorize Governor General to appoint Deputies.
- 15. Command of Armed Forces to continue to be vested in the Queen.
- 16. Seat of Government of Canada.
- IV. Legislative Power.
- THE SENATE.
- 21. Number of Senators.
- 22. Representation of Provinces in Senate.
- 23. Qualifications of Senator.
- 24. Summons of Senator.
- 25. Summons of First Body of Senators.
- 26. Addition of Senators in certain cases.
- 27. Reduction of Senate to normal Number.
- 28. Maximum Number of Senators.
- 29. Tenure of Place in Senate.
- 30. Resignation of Place in Senate.
- 31. Disqualification of Senators.
- 32. Summons on Vacancy in Senate.
- 33. Questions as to Qualifications and Vacancies in Senate.
- 34. Appointment of Speaker of Senate.
- 35. Quorum of Senate.
- 36. Voting in Senate.
- THE HOUSE OF COMMONS.
- 37. Constitution of House of Commons in Canada.
- 38. Summoning of House of Commons.
- 39. Senators not to sit in House of Commons.
- 40. Electoral districts of the four Provinces.
- 41. Continuance of existing Election Laws until Parliament of Canada otherwise provides.
- 42. Writs for First Election.
- 43. As to Casual Vacancies.
- 44. As to Election of Speaker of House of Commons.
- 45. As to filling up Vacancy in Office of Speaker.
- 46. Speaker to preside.
- 47. Provision in case of Absence of Speaker.
- 48. Quorum of House of Commons.
- 49. Voting in House of Commons.
- 50. Duration of House of Commons.
- 51. Decennial Re-adjustment of Representation.
- 52. Increase of Number of House of Commons.
- MONEY VOTES; ROYAL ASSENT.
- V. Provincial Constitutions
- EXECUTIVE POWER.
- 58. Appointment of Lieutenant Governors of Provinces.
- 59. Tenure of Office of Lieutenant Governor.
- 60. Salaries of Lieutenant Governors.
- 61. Oaths, etc., of Lieutenant Governor.
- 62. Application of Provisions referring to Lieutenant Governor.
- 63. Appointment of Executive Officers for Ontario and Quebec.
- 64. Executive Government of Nova Scotia and New Brunswick.
- 65. Powers to be exercised by Lieutenant Governor of Ontario or Quebec with Advice, or alone.
- 66. Application of Provisions referring to Lieutenant Governor in Council.
- 67. Administration in Absence, etc., of Lieutenant Governor.
- 68. Seats of Provincial Governments.
- LEGISLATIVE POWER.
- 1. Ontario.
- 2. Quebec.
- 71. Legislature for Quebec.
- 72. Constitution of Legislative Council.
- 73. Qualification of Legislative Councillors.
- 74. Resignation, Disqualification, etc.
- 75. Vacancies.
- 76. Questions as to Vacancies, etc.
- 77. Speaker of Legislative Council.
- 78. Quorum of Legislative Council.
- 79. Voting in Legislative Council.
- 80. Constitution of Legislative Assembly of Quebec.
- 3. Ontario and Quebec.
- 4. Nova Scotia and New Brunswick.
- 5. Ontario, Quebec, and Nova Scotia.
- 6. The Four Provinces.
- EXECUTIVE POWER.
- VI. Distribution of Legislative Powers.
- POWERS OF THE PARLIAMENT.
- EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES.
- UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND NEW BRUNSWICK.
- AGRICULTURE AND IMMIGRATION.
- VII. Judicature.
- VIII. Revenues; Debts; Assets; Taxation.
- 102. Creation of Consolidated Revenue Fund.
- 103. Expenses of Collection, etc.
- 104. Interest of Provincial Public Debts.
- 105. Salary of Governor General.
- 106. Appropriation from Time to Time.
- 107. Transfer of Stocks, etc.
- 108. Transfer of Property in Schedule.
- 109. Property in Lands, Mines, etc.
- 110. Assets connected with Provincial Debts.
- 111. Canada to be liable for Provincial Debts.
- 112. Debts of Ontario and Quebec.
- 113. Assets of Ontario and Quebec.
- 114. Debt of Nova Scotia.
- 115. Debt of New Brunswick.
- 116. Payment of interest to Nova Scotia and New Brunswick.
- 117. Provincial Public Property.
- 118. Grants to Provinces.
- 119. Further Grant to New Brunswick.
- 120. Form of Payments.
- 121. Canadian Manufactures, etc.
- 122. Continuance of Customs and Excise Laws.
- 123. Exportation and Importation as between Two Provinces.
- 124. Lumber Dues in New Brunswick.
- 125. Exemption of Public Lands, etc.
- 126. Provincial Consolidated Revenue Fund.
- IX. Miscellaneous Provisions.
- ONTARIO AND QUEBEC.
- 134. Appointment of Executive Officers for Ontario and Quebec.
- 135. Powers, Duties, etc. of Executive Officers.
- 136. Great Seals.
- 137. Construction of temporary Acts.
- 138. As to Errors in Names.
- 139. As to issue of Proclamations before Union, to commence after Union.
- 140. As to issue of Proclamations after Union.
- 141. Penitentiary.
- 142. Arbitration respecting Debts, etc.
- 143. Division of Records.
- 144. Constitution of Townships in Quebec.
- X. Intercolonial Railway.
- XI. Admission of Other Colonies.
- The First Schedule: Electoral Districts of Ontario
- The Second Schedule: Electoral Districts of Quebec specially fixed
- The Third Schedule: Provincial Public Works and Property to be the Property of Canada
- The Fourth Schedule: Assets to be the Property of Ontario and Quebec conjointly
- The Fifth Schedule: Oath of Allegiance and Declaration of Qualification
30 & 31 Victoria, c. 3 (U.K.)
An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith
[Assented to 29th March, 1867.]
Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:
And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:
And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:
And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America:
Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual andTemporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:—
22. In relation to the Constitution of the Senate, Canada shall be 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; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing 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 ElectoralDivisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada.
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:
Ontario shall be divided into the Counties, Ridings of Counties, Cities, Parts of Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral District, each such District as numbered in that Schedule being entitled to return One Member.
Quebec shall be divided into Sixty-five Electoral Districts, composed of the Sixty-five Electoral Divisions into which Lower Canada is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy-five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third Year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the Purposes of this Act an Electoral District entitled to return One Member.
3. Nova Scotia
Each of the Eighteen Counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled to return Two Members, and each of the other Counties One Member.
4. New Brunswick
41. Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely,—the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution,—shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces.Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.
42. 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 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.
Money Votes; Royal Assent.
57. A Bill reserved for the Signification of the Queen's Pleasure shall not have any Force unless and until, within Two Years from the Day on which it was presented to the Governor General for the Queen's Assent, the Governor General signifies, by Speech or Message to each of the Houses of the Parliament or by Proclamation, that it has received the Assent of the Queen in Council.An Entry of every such Speech, Message, or Proclamation shall be made in the Journal of each House, and a Duplicate thereof duly attested shall be delivered to the proper Officer to be kept among the Records of Canada.
84. Until the legislatures of Ontario and Quebec respectively otherwise provide, all Laws which at the Union are in force in those Provinces respectively, relative to the following Matters, or any of them, namely, — the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, — shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec.Provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.
Powers of the Parliament.
91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
- 1. The Public Debt and Property.
- 2. The Regulation of Trade and Commerce.
- 3. The raising of Money by any Mode or System of Taxation.
- 4. The borrowing of Money on the Public Credit.
- 5. Postal Service.
- 6. The Census and Statistics.
- 7. Militia, Military and Naval Service, and Defence.
- 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada.
- 9. Beacons, Buoys, Lighthouses, and Sable Island.
- 10. Navigation and Shipping.
- 11. Quarantine and the Establishment and Maintenance of Marine Hospitals.
- 12. Sea Coast and Inland Fisheries.
- 13. Ferries between a Province and any British or Foreign Country or between Two Provinces.
- 14. Currency and Coinage.
- 15. Banking, Incorporation of Banks, and the Issue of Paper Money.
- 16. Savings Banks.
- 17. Weights and Measures.
- 18. Bills of Exchange and Promissory Notes.
- 19. Interest.
- 20. Legal Tender.
- 21. Bankruptcy and Insolvency.
- 22. Patents of Invention and Discovery.
- 23. Copyrights.
- 24. Indians, and Lands reserved for the Indians.
- 25. Naturalization and Aliens.
- 26. Marriage and Divorce.
- 27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.
- 28. The Establishment, Maintenance, and Management of Penitentiaries.
- 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
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 Province, 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.
- 3. The borrowing of Money on the sole Credit of the Province
- 4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.
- 5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.
- 6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province.
- 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 Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
- (b) Lines of Steam Ships between the Province and any British or Foreign Country:
- (c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
- 11. The Incorporation of Companies with Provincial Objects.
- 12. The Solemnization of Marriage in the Province.
- 13. Property and Civil Rights in the Province.
- 14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
- 15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
- 16. Generally all Matters of a merely local or private Nature in the Province.
Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick.
Agriculture and Immigration.
118. The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures:
Nova ScotiaSixty thousand.
New BrunswickFifty 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 Province; 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 Amounts stipulated in this Act.
133. Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.
Ontario and Quebec.
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