IMPERIAL ACTS. Relating to the Constitution of the Dominion of Canada and of the various Provinces therein comprised. THE BRITISH NORTH AMERICA ACT, 1867. 30 AND 31 VICTORIA. CHAPTER 3. An Act for the Union of Canada, Nova Scotia and New Brunswick, and the government thereof; and for purposes connected therewith. [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other parts of British North America, the Statute Act, 1893, Be it, therefore, enacted and declared by the Queen's most Repealed by Excellent Majesty, by and with the advice and consent of the Law Revision Lords Spiritual and Temporal, and Commons, in this present 56 V. c. 14. Parliament assembled, and by the authority of the same, as Repealed by the Statute I. PRELIMINARY. 1. This Act may be cited as "The British North America Act, 1867." 2. The provisions of this Act referring to Her Majesty Law Revision the Queen extend also to the heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. 56 V. c. 14. The words in italics were repealed by the Statute Law Revisión Act, 1893, 56 V. c. 14. II. UNION. 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, to declare by proclamation that, on and after a day therein appointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia and New Brunswick shall form and be one Dominion under the name of Canada; and on and after that day those three Provinces shall form and be one Dominion under that name accordingly. 4. 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 proclamation; 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 every tenth year thereafter, the respective populations of the four Provinces III. EXECUTIVE POWER. 9. The executive government and authority of and over Canada is hereby declared to continue and be vested in the Queen. 10. The provisions of this Act referring to the GovernorGeneral extend and apply to the Governor-General for the time being of Canada, or other the chief executive officer or administrator for the time being carrying on the government of Canada on behalf and in the name of the Queen, by whatever title he is designated. 11. There shall be a council to aid and advise in the government of Canada, to be styled the Queen's Privy Council for Canada; and the persons who are to be members of that council shall be, from time to time, chosen and summoned by the Governor-General and sworn in as privy councillors; and members thereof may be, from time to time, removed by the Governor-General. 12. All powers, authorities and functions which, under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia or New Brunswick, are at the Union vested in or exercisable by the respective Governors or LieutenantGovernors 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 exercisable 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 Parliament 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 GovernorGeneral-in-Council shall be construed as referring to the Governor-General acting by and with the advice of the Queen's Privy Council for Canada. 14. It shall be lawful for the Queen, if Her Majesty Repealed and post p. xxxv. 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 functions of the Governor-General as the GovernorGeneral 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 deputy or deputies shall not affect the exercise by the Governor-General himself of any power, authority or function. 15. The commander-in-chief of the land and naval militia, and of all naval and military forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. Until the Queen otherwise directs, the seat of government of Canada shall be Ottawa. IV. LEGISLATIVE POWER. 17. There shall be one Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons. 18. The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by the House of Commons, and by the members thereof, respectively, shall be such as are, from time to time, defined by Act of the Parliament of Canada, but so that 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. 19. The Parliament of Canada shall be called together not later than six months after the Union. 20. There shall be a session of the Parliament of Canada once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. THE SENATE. 21. The Senate shall, subject to the provisions of this Act, consist of seventy-two members, who shall be styled Senators. 22. In relation to the constitution of the Senate, Canada. |