46. THE BRITISH NORTH AMERICA ACT (1867).

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Printed in Federations and Unions within the British Empire, by H. E. Egerton. Oxford, 1911.

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....

3. ... the Provinces of Canada, Nova Scotia and New Brunswick shall form and be one Dominion under the name of Canada....

17. There shall be one Parliament for Canada, consisting of the Queen, an Upper House, styled the Senate, and the House of Commons.

21. The Senate shall, subject to the provisions of this Act, consist of seventy-two members, who shall be styled Senators.

22. ... three divisions shall ... 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 ... New Brunswick.

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....

29. A Senator shall ... hold his place in the Senate for life.

37. The House of Commons shall ... consist of one hundred and eighty-one Members, of whom eighty-two shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick.

50. Every House of Commons shall continue for five years from the day of the return of the Writs for choosing the House (subject to be sooner dissolved by the Governor-General) and no longer.

51. On the completion of the census in the year one 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 such a number of Members as will bear the same proportion to the number of its population (ascertained at such census) as the number sixty-five bears to the number of the population of Quebec (so ascertained)....

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 Session in which such Vote, Resolution, Address, or Bill is proposed.

58. For each Province there shall be an Officer, styled the Lieutenant-Governor, appointed by the Governor-General in Council by Instrument under the Great Seal of Canada.

60. The salaries of the Lieutenant-Governors shall be fixed and provided by the Parliament of Canada.

91. ... 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 Services, 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) Naturalisation and Aliens; (26) Marriage and Divorce; (27) The Criminal Law, except the Constitution of the 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 numeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

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 ... 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 Provinces, other than Marine Hospitals; (8) Municipal Institutions in the Province; (9) Shop, Saloon, Tavern, Auctioneer, and other licenses, in order to the raising of a revenue for Provincial, local or municipal purposes; (10) local works and undertakings [except steamships, railways, canals, telegraphs and other works for the general advantage, or for the advantage of more than one Province]; (11) the incorporation of Companies with Provincial objects; (12) the solemnisation of marriage in the Province; (13) Property and civil rights in the Province; (14) the administration of justice in the Province [including the maintenance of Provincial courts, civil and criminal, and procedure in civil matters]; (15) the imposition of punishment by fine, penalty, or imprisonment [in order to enforce a Provincial law on any of the above matters]; (16) generally all matters of a merely local or private nature in the Province.

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.

145. Inasmuch as the Provinces of Canada, Nova Scotia and New Brunswick have joined in a declaration that the construction of the Inter-colonial Railway is essential to the consolidation of the Union of British North America, and to the assent thereto of Nova Scotia and New Brunswick, and 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 provide for the commencement, within six months after the Union, of a railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the construction thereof without intermission, and the completion thereof with all practicable speed.

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.


                                                                                                                                                                                                                                                                                                           

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