alternation of bullying and coaxing, the thousand incidents which may easily be made to happen if things are not going on quite well in this country, and the people and government of the States are minded to make us feel the consequences of our not getting on quite so well as we might. Whether the union of the States is restored or not, this kind of thing can go on. The danger is, that either the whole United States, or those portions of the United States which are near us, and which are really stronger than we are, and enterprising enough and ambitious enough, and not very fond of us, and not at all fond of the Mother Country, not at all unwilling to strike a blow at her and to make us subservient to their own interests and ambition—the danger is, I say, that the United States, or those portions of the United States near us, may avail themselves of every opportunity to perplex us, to embroil us in trouble, to make us come within the disturbing influences of their strong local attraction. Now, to pretend to tell me that the United States or the Northern States, whichever you please, are going to be frightened, from a policy of that kind, by our taking upon ourselves great airs, and forming ourselves into a grand Confederation, is to tell me that their people are, like the Chinese, a people to be frightened by loud noises and ugly grimaces. I do not believe they are. CLXXIX THE BRITISH NORTH AMERICA ACT, 1867 An Act for the Union of Canada, Nova Scotia, and New Brunswick, and (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 and Temporal, and Commons in this present Parliament assembled, and by the authority of the same as follows: I. PRELIMINARY. Short title. 1. This Act may be cited as The British North America Act, 1867. 2. The provisions of this Act referring to Her Majesty the Queen Provisions reextend also to the heirs and successors of Her Majesty, Kings and Queens ferring to of the United Kingdom of Great Britain and Ireland. II. UNION. the Queen. -3. It shall be lawful for the Queen, by and with the advice of Her Declaration Majesty's Most Honourable Privy Council, to declare by Proclamation of Union. 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 1"A single line imported in the system, that mighty and complex and somewhat indefinite aggregate called the British Constitution." Hon. Edward Blake, in The Ontario Lands' Case. Construction of subsequent Act. 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.1 4. The subsequent provisions of this Act shall, unless it is otherwise provisions of 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. Four of Ontario 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 and Quebec; 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. Nova Scotia and New Brunswick. Decenial census. Executive power in the Queen. 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 seventyone, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished. III. EXECUTIVE POWER. 9. The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen. Provisions re- 10. The Provisions of this Act referring to the Governor-General ferring to Gov-extend and apply to the Governor-General for the time being of Canada, ernor-General. 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. Constitution All powers under Acts to be exercised by GovernorGeneral with advice of Privy Council or alone. Provisions 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 Lieutenant-Governors 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 GovernorGeneral 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 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 The Federal Constitution came into force 1 July, 1867. 2 For the powers of the Governor-General, see Nos. CLXXXIII, CLXXXIV. authorize deputies. 14. It shall be lawful for the Queen, if Her Majesty thinks fit, to Power to Her authorize the Governor-General from time to time to appoint any person Majesty to or any persons jointly or severally to be his deputy or deputies within any Governorpart or parts of Canada, and in that capacity to exercise, during the General to pleasure of the Governor-General such of the powers, authorities, and appoint 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. 15. The Command-in-Chief of the Land and Naval Militia, and of all Command of Naval and Military Forces of and in Canada, is hereby declared to continue armed forces. and be vested in the Queen. 16. Until the Queen otherwise directs the Seat of Government of Seat of Canada shall be Ottawa. IV. LEGISLATIVE POWER. Government. Constitution 17. There shall be one Parliament for Canada, consisting of the of Parliament Queen, an Upper House, styled the Senate, and the House of Commons. of Canada. 18. The privileges, immunities, and powers to be held, enjoyed, and Privileges, exercised by the Senate and by the House of Commons and by the Mem- etc., of bers thereof respectively, shall be such as are from time to time defined Houses. 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.1 19. The Parliament of Canada shall be called together not later than six months after the Union.2 First Session of Parliament. at Yearly session of Parliament of Canada. 20. There shall be a session of the Parliament of Canada once 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 seventy-two Members3, who shall be styled Senators. 22. In relation to the constitution of the Senate, Canada shall deemed to consist of three divisions: (1) Ontario; (2) Quebec; of Number of Senators. be Representation of Provinces in Senate. (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 Electoral Divisions of Lower Canada specified in Schedule A to Chapter I of the Consolidated Statutes of Canada. 23. The qualifications of a Senator shall be as follows:- (2) He shall be either a natural-born subject of the Queen, or a sub- 1 For an amending Act to this section, see No. CLXXXII and note. 2 The first Dominion Parliament met 7 November, 1867. See No. CLXXXVIII. Qualifications of Senators. Summons of Summons of Addition of Senators in certain cases. Reduction of mal number. 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 (5) He shall be resident in the Province for which he is appointed: 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. 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) representing equally the three divisions of Canada, add to the Senate accordingly.1 27. In case of such addition being at any time made, the GovernorSenate to nor General shall not summon any person to the Senate, except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty-four Senators and no Number of Tenure of Resignation of place in Senate. Disqualification of Senators. more. 28. The number of Senators shall not at any time exceed seventyeight. 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 (2) If he takes an oath or makes a declaration or acknowledgment (5) If he ceases to be qualified in respect of property or residence; 1 This section is due to a suggestion made by the British_Government that a loophole ought to be provided in case of deadlock between the Senate and the House of Commons. In 1873 the Governor-General fulfilled the requirements of the section, and the Colonial Office replied by a refusal, stating that the Crown would not act except "when it had been made apparent that a difference had arisen between the two Houses of so serious and permanent a character that the Government could not be carried on without the Crown's intervention, and when it could be shown that the limited creation of Senators allowed by the Act would apply an adequate remedy." Canadian Sessional Papers, 1877, No. 68.) vacancy in 32. When a vacancy happens in the Senate by resignation, death, or Summons on otherwise, the Governor-General shall by summons to a fit and qualified person fill the vacancy. Senate. 33. If any question arises respecting the qualification of a Senator As to qualior a vacancy in the Senate, the same shall be heard and determined by the fications, etc. Senate. 34. The Governor-General may from time to time, by Instrument Appointment of Speaker. 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 Quorum of of at least fifteen Senators, including the Speaker, shall be necessary to Senate. constitute a meeting of the Senate for the exercise of its powers. Senate. 36. Questions arising in the Senate shall be decided by a majority of Voting in 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. Constitution 37. The House of Commons shall, subject to the provisions of this of House Act, consist of one hundred and eighty-one Members, of whom eighty-two of Commons. shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick.1 of House of 38. The Governor-General shall from time to time, in the Queen's Summoning name, by Instrument under the Great Seal of Canada, summon and call Commons. together the House of Commons. 39. A Senator shall not be capable of being elected or of sitting or Senators not voting as a Member of the House of Commons. to sit in House of Commons. Districts of 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the purposes of the Electoral Election of Members to serve in the House of Commons, be divided into the Four Electoral Districts as follows: 1. ONTARIO. 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. 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, 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. 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 Districts shall be entitled to return one Member. Provinces. 41. Until the Parliament of Canada otherwise provides all laws in Continuance force in the several Provinces of the Union, relative to the following mat- of existing elections laws ters or any of them, namely:-the qualifications and disqualifications of until Parlia persons to be elected or to sit or vote as Members of the House of ment of Canada otherwise Assembly or Legislative Assembly in the several Provinces, the Voters at provides. 1 See below, Section 51. |