Provision by Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any Province: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in the present Parliament assembled, and by the authority of the same, as follows: 1. The Parliament of Canada may from time to time make provision of Canada for for the representation in the Senate and House of Commons of Canada, representation or in either of them, of any territories which for the time being form part of territories. of the Dominion of Canada, but are not included in any Province thereof. 2. Any Act passed by the Parliament of Canada before the passing of this Act for the purpose mentioned in this Act, shall, if not disallowed by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor-General of Canada. Effect of of Canada. 34 & 35 V., c. 28. It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purpose mentioned 30 & 31 V. c. 3. in this Act, or in The British North America Act, 1871', has effect, notwithstanding anything in The British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of Members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories of Canada. Short title and construction. 30 & 31 V. c. 3 3. This Act may be cited as The British North America Act, 1886. This Act, and The British North America Act, 1867, and The British North America Act, 1871, shall be construed together, and may be cited together as The British North America Acts, 1867 to 1886. CLXXXVI THE ALBERTA ACT (4-5 Edward VII., c. 3.) An Act to establish and provide for the Government of the Province of [Assented to July 20th, 1905.] Whereas in and by the British North America Act, 18712, being chapter 28 of the Acts of the Parliament of the United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish new provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any province thereof, and may ,at the time of such establishment, make provision for the constitution and administration of any such province, and for the passing of laws for the peace, order, and good government of such province, and for its representation in the said Parliament of Canada; And whereas it is expedient to establish as a province the territory hereinafter described, and to make provision for the government thereof, and the representation thereof, in the Parliament of Canada: Therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:— 1. This Act may be cited as the Alberta Act. 2. The territory comprised within the following boundaries, that is to say, commencing at the intersection of the international boundary dividing Canada from the United States of America by the fourth meridian in the system of Dominion lands surveys; thence westerly along the said inter1 No. CLXXXI. 2 No. CLXXXI. national boundary to the eastery boundary of the Province of British Columbia; thence northerly along the said eastern boundary of the Province of British Columbia to the north east corner of the said province; thence easterly along the parallel of the sixtieth degree of north latitude to the fourth meridian in the system of Dominion lands surveys, as the same may be hereafter defined in accordance with the said system; thence southerly along the said fourth meridian to the point of commencement, is hereby established as a province of the Dominion of Canada, to be called and known as the Province of Alberta. 3. The provisions of the British North America Acts, 1867 to 1886', B. N. A. Acts shall apply to the Province of Alberta in the same way and to the like 1867-1886, to apply. extent as they apply to the provinces heretofore comprised in the Dominion, as if the said Province of Alberta had been one of the provinces originally united, except in so far as varied by this Act, and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces. tion in the 4. The said province shall be represented in the Senate of Canada by Representafour members; provided that such representation may, after the completion Senate. of the next decennial census, be from time to time increased to six by the Parliament of Canada. tion in the 5. The said province and the Province of Saskatchewan shall, until Representathe termination of the Parliament of Canada, existing at the time of the House of first readjustment hereinafter provided for, continue to be represented in Commons. the House of Commons as provided by chapter 60 of the Statutes of 1903, each of the electoral districts defined in that part of the schedule to the said Act which relates to the North-West Territories, whether such district is wholly in one of the said provinces, or partly in one or partly in the other of them, being represented by one member. 6. Upon the completion of the next quinquennial census for the said Re-adjustment province, the representation thereof shall forthwith be readjusted by the after next quinquennial Parliament of Canada, in such manner that there shall be assigned to the census. said province such a number of members as will bear the same proportion to the number of its population ascertained at such quinquennial census as the number sixty-five bears to the number of the population of Quebec as ascertained at the then last quinquennial census; and in the computation of numbers of members for the said province a fractional part not exceeding one-half of the whole number requisite for entitling the province to a member shall be disregarded, and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole number, and such readjustment shall take effect upon the termination of the parliament then existing. 2. The representation of the said province shall thereafter be read-Subsequent justed from time to time according to the provisions of section 51 of the readjustments. British North America Act, 1867. members of 7. Until the Parliament of Canada otherwise provides the qualifica- Election of tions of voters for the election of members of the House of Commons and House of the proceedings at and in connection with elections of such members shall, Commons. mutatis mutandis, be those prescribed by law at the time this Act comes into force with respect to such elections in the North-West Territories. Executive 8. The Executive Council of the said province shall be composed of Council. such persons, under such designations, as the Lieutenant Governor from time to time thinks fit. 9. Unless and until the Lieutenant Governor in Council of the said Seat of Government. province otherwise directs by proclamation under the Great Seal, the seat of Government of the said province shall be at Edmonton. Lieutenant 10. All powers, authorities, and functions which under any law were Powers of before the coming into force of this Act vested in or exercisable by the Governor Lieutenant Governor of the North-west Territories, with the advice, or and Council. with the advice and consent of the Executive Council thereof, or in conjunction with that Council or with any member or members thereof, or by 1 See No. CLXXXV, Section 3. Great Seal. Legislature. Legislative Election of members of Assembly. Writs for first election. Laws, Courts, and officers continued. Proviso. Province may abolish Su preme Court of N. W. T. Proviso. As to certain corporations in Ń. W. T. the said Lieutenant Governor individually shall, so far as they are being capable of being exercised after the coming into force of this Act in relation to the government of the said province, be vested in and shall or may be exercised by the Lieutenant Governor of the said province, with the advice or with the advice and consent of, or in conjunction with the Executive Council of the said province, or any member or members thereof, or by the Lieutenant Governor individually, as the case requires, subject nevertheless to be abolished or altered by the Legislature of the said province. 11. The Lieutenant Governor in Council shall, as soon as may be after this Act comes into force, adopt and provide a Great Seal of the said province, and may, from time to time, change such seal. 12. There shall be a legislature for the said province consisting of the Lieutenant Governor and one House to be styled the Legislative Assembly of Alberta. 13. Until the said Legislature otherwise provides, the Legislative Assembly shall be composed of twenty-five members to be elected to represent the electoral divisions defined in the schedule to this Act. 14. Until the said legislative otherwise determines all the provisions of the law with regard to the constitution of the Legislative Assembly of the North-west Territories and the election of members thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the election of members thereof respectively. 15. The writs for the elections of the members of the first Legislative Assembly of the said province shall be issued by the Lieutenant Governor and made returnable within six months after this Act comes into force. 16. All laws and all orders and regulations made thereunder, so far as they are not inconsistent with anything contained in this Act, or as to which this Act contains no provision intended as a substitute therefor, and all courts of civil and criminal jurisdiction and all commissions, powers, authorities, and functions, and all officers and functionaries, judicial, administrative, and ministerial, existing immediately before the coming into force of this Act in the territory hereby established as the province of Alberta, shall continue in the said province as if this Act and the Saskatchewan Act had not been passed; subject, nevertheless, except with respect to such as are enacted by or existing under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland to be repealed, abolished, or altered by the Parliament of Canada, or by the legislature of the said province, according to the authority of the Parliament or of the said Legislature: Provided that all powers, authorities and functions which, under any law, order or regulation were, before the coming into force of this Act, vested in or exercisable by any public officer or functionary of the North-west Territories shall be vested in and exercisable in and for the said province by like public officers and functionaries of the said province when appointed by competent authority. 2. The legislature of the province may, for all purposes affecting or extending to the said province, abolish the Supreme Court of the Northwest Territories and the officers, both judicial and ministerial, thereof, and the jurisdiction, powers and authority belonging or incident to the said court: provided that, if, upon such abolition, the legislature constitutes a superior court of criminal jurisdiction, the procedure in criminal matters then obtaining in respect of the Supreme Court of the North-west Territories shall, until otherwise provided by competent authority, continue to apply to such superior court, and that the Governor in Council may at any time and from time to time declare all or any part of such procedure to be inapplicable to such superior court. 3. All societies or associations incorporated by or under the authority of the legislature of the North-west Territories existing at the time of the coming into force of this Act which include within their objects the regulation of the practice or the right to practice any profession or trade in the North-west Territories, such as the legal or the medical profession, den tistry, pharmaceutical chemistry and the like, shall continue, subject, however, to be dissolved and abolished by order of the Governor in Council, and each of such societies shall have power to arrange for and effect the payment of its debts and liabilities and the division, disposition or transfer of its property. 4. Every joint-stock company lawfully incorporated by or under the As to Joint Stock authority of any ordinance of the North-west Territories shall be subject Companies. to the legislative authority of the province of Alberta if— (a) The head office or the registered office of such company is at the time of the coming into force of this Act situate in the province of Alberta; and (b) The powers and objects of this company are such as might be conferred by the Legislature of the said province and not expressly authorized to be executed in any part of the North-west Territories beyond the limits of the said province. 17. Section 93 of the British North America Act, 1867, shall apply Education. to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph: "(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinance of the North-west Territories passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said Ordinances." 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. 3. Where the expression "by law" is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression "at the union" is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force. 18. The following amounts shall be allowed as an annual subsidy Subsidy to to the province of Alberta and shall be paid by the Government of Canada, province. by half-yearly instalments in advance, to the said province, that is to say: (a) for the support of the Government and Legislature, fifty thousand For Govdollars; ernment. (b) On an estimated population of two hundred and fifty thousand, In proportion at eighty cents per head, two hundred thousand dollars subject to be in- to population. creased as hereinafter mentioned, that is to say: a census of the said province shall be taken in every fifth year, reckoning from the general census of one thousand nine hundred and one, and an approximate estimate of the population shall be made at equal intervals of time between each quinquennial and decennial census; and whenever the population by any such census or estimate exceeds two hundred and fifty thousand, which shall be the minimum on which the said allowance shall be calculated, the amount of the said allowance shall be increased accordingly and so on until the population has reached eight hundred thousand souls. ment to 19. Inasmuch as the said province is not in debt, it shall be entitled Annual pay. to be paid and to receive from the Government of Canada by half-yearly province. payments in advance an annual sum of four hundred and five thousand three hundred and seventy-five dollars, being the equivalent of interest at the rate of five per cent. per annum on the sum of eight million one hundred and seven thousand five hundred dollars. to province. 20. Inasmuch as the said province will not have the public land as a Compensation source of revenue, there shall be paid by Canada to the province by half-for public yearly payments in advance an annual sum based upon the population of lands. the province as from time to time ascertained by the quinquennial census thereof, as follows: Further compensation. Property in lands, etc. Division of assets and liabilities between Saskatchewan and Alberta. Arbitration. Rights of Provision as to C.P.R. Co. Commencement of Act. The population of the said province being assumed to be at present two hundred and fifty thousand the sum payable until such population reaches four hundred thousand shall be three hundred and seventy-five thousand dollars; Thereafter until such population reaches eight hundred thousand, the sum payable shall be five hundred and sixty-two thousand five hundred dollars; Thereafter until such population reaches one million two hundred thousand the sum payable shall be seven hundred and fifty thousand dollars. And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 2. As an additional allowance in lieu of public lands, there shall be paid by Canada to the province annually by half-yearly payments, in advance, for five years, from the time this Act comes into force, to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven hundred and fifty dollars. 21. All Crown lands, mines and minerals, and royalties incident thereto, and the interest of the Crown in the waters within the province under the North-west Irrigation Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North-west Territories. 22. All properties and assets of the North-west Territories shall be divided equally between the said province and the province of Saskatch ewan, and the two provinces shall be jointly and equally responsible for all debts and liabilities of the North-west Territories: provided that, if any difference arises as to the division and adjustment of such properties, assets, debts, and liabilities, such difference shall be referred to the arbitrament of three arbitrators one of whom shall be chosen by_the_Lieutenant Governor in Council of each province, and the third by the Governor in Council. The selection of such arbitrators shall not be made until the Legislatures of the provinces have met, and the arbitrator chosen by Canada shall not be resident of either province. 23. Nothing in this Act shall in any way prejudice or affect the rights or properties of the Hudson's Bay Company as contained in the conditions under which that Company surrendered Rupert's Land to the Crown. 24. The powers hereby granted to the said province shall be exercised subject to the provisions of section 16 of the contract set forth in the schedule to chapter 1 of the statutes of 1881, being an Act respecting the Canadian Pacific Railway Company. 25. This Act shall come into force on the first day of September, one thousand nine hundred and five. Schedule (not printed.) CLXXXVII THE BRITISH NORTH AMERICA ACT, 1907 (7 Edward VII., c. 11.) An Act to make further provision with respect to the sums to be paid by [9th August, 1907.] Whereas an address has been presented to His Majesty by the Senate and Commons of Canada in the terms set forth in the schedule to this Act: Be it therefore anacted by the King'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: |