the Province of Canada, all judicial and ministerial authority which before and at the time of passing this Act was vested in or might be exercised by the Governor, Lieutenant-Governor, or person administering the Government of the said Province of Upper Canada, or the members or any number of the members of the Executive Council of the same Province, or was vested in and may be exercised by the Governor, Lieutenant-Governor, or the person administering the Government of the Province of Lower Canada, and the members of the Executive Council of that Province, shall be vested in and may be exercised by the Governor, Lieutenant-Governor, or person administering the Government of the Province of Canada, and in the members or the like number of the members of the Executive Council of the Province of Canada respectively; and that until otherwise provided by Act or Acts of the Legislature of the Province of Canada the said Court of King's Bench, now called the Court of Queen's Bench of Upper Canada, shall from and after the Union of the Provinces of Upper and Lower Canada be holden at the City of Toronto, or within one mile from the municipal boundary of the said City of Toronto: Provided always, that until otherwise provided by Act or Acts of the Legislature of the Province of Canada, it shall be lawful for the Governor of the Province of Canada, by and with the advice and consent of the Executive Council of the same Province, by his proclamation to fix and appoint such other place as he may think fit, within that part of the last-mentioned Province which now constitutes the Province of Upper Canada, for the holding of the said Court of Queen's Bench. XLV. And be it enacted that all powers, authorities, and functions Powers to be which by the said Act passed in the thirty-first year of the reign of his late exercised by Governor, Majesty, King George the Third, or by any other Act of Parliament, or by with the any Act of the Legislature of the Provinces of Upper and Lower Canada Executive respectively, are vested in or are authorized or required to be exercised by Council, the respective Governors or Lieutenant-Governors of the said Provinces, or alone. with the advice or with the advice and consent of the Executive Council of such Provinces respectively, or in conjunction with such Executive Council ɔr with any number of the members thereof, or by the said Governors or Lieutenant-Governors individually and alone, shall, in so far as the same are not repugnant to or inconsistant with the provisions of this Act, be vested in and may be exercised by the Governor of the Province of Canada, with the advice or with the advice and consent of or in conjunction as the case may require with such Executive Council, or any members thereof, as may be appointed by her Majesty for the affairs of the Province of Canada, or by the said Governor of the Province of Canada individually and alone in cases when the advice, consent, or concurrence of the Executive Council is not required. XLVI. And be it enacted that all laws, statutes, and ordinances which Existing at the time of the union of the Provinces of Upper and Lower Canada laws saved. shall be in force within the said Provinces or either of them or any part of the said Provinces respectively, shall remain and continue to be of the same force, authority, and effect in those parts of the Province of Canada which now constitute the said Provinces respectively as if this Act had not been made, and as if the said two Provinces had not been united as aforesaid, except in so far as the same are repealed or varied by this Act, or in so far as the same shall or may hereafter by virtue and under the authority of this Act be repealed or varied by any Act or Acts of the Legislature of the Province of Canada. XLVII. And be it enacted that all the courts of civil and criminal Courts of jurisdiction within the Provinces of Upper and Lower Canada at the time Justice, Comof the union of the said Provinces, and all legal commissions, powers, and Officers, etc. missions, authorities, and all officers, judicial, administrative, or ministerial, within the said Provinces respectively, except in so far as the same may be abolished, altered, or varied by or may be inconsistent with the provisions of this Act, or shall be abolished, altered, or varied by any Act or Acts of the Legislature of the Province of Canada, shall continue to subsist within those parts of the Province of Canada which now constitute the said two Provisions respecting temporary Acts. Repeal of c. 119. Frovinces respectively, in the same form and with the same effect as if this Act had not been made, and as if the said two Provinces had not been reunited as aforesaid. XLVIII. And whereas the Legislatures of the said Provinces of Upper and Lower Canada have from time to time passed enactments, which enactments were to continue in force for a certain number of years after the passing thereof, "and from thence to the end of the then next ensuing session of the Legislature of the Province in which the same were passed”; be it therefore enacted that whenever the words, "and from thence to the end of the then next ensuing session of the Legislature," or words to the same effect, have been used in any temporary Act of either of the said two Provinces which shall not have expired before the reunion of the said two Provinces, the said words shall be construed to extend and apply to the next session of the Legislature of the Province of Canada. XLIX. And whereas by a certain Act passed in the third year of the part of 3 G. 4, reign of his late Majesty, King George the Fourth, intituled, "An Act to regulate the Trade of the Provinces of Upper and Lower Canada, and for other purposes relating to the said Provinces," certain provisions were made for appointing arbitrators with power to hear and determine certain claims of the Province of Upper Canada upon the Province of Lower Canada, and to hear any claim which might be advanced on the part of the Province of Upper Canada to a proportion of certain duties therein mentioned, and for prescribing the course of proceeding to be pursued by such arbitrators; be it enacted that the said recited provisions of the said last-mentioned Act, and all matters in the same Act contained, which are consequent to or dependent upon the said provisions or any of them, shall be repealed. Revenues of the two Pro L. And be it enacted that upon the union of the Provinces of Upper vinces to form and Lower Canada, all duties and revenues over which the respective a Consolidated Legislatures of the said Provinces before and at the time of the passing of Revenue this Act had and have power of appropriation, shall form one consolidated revenue fund to be appropriated for the public service of the Province of Canada in the manner and subject to the charges hereinafter mentioned. Fund. Consolidated LI. And be it enacted that the said consolidated revenue fund of the Revenue Fund Province of Canada shall be permanently charged with all the costs, to be charged with expense charges, and expences incident to the collection, management, and receipt of collection, thereof, such costs, charges, and expences, being subject nevertheless to be reviewed and audited in such manner as shall be directed by any Act of the Legislature of the Province of Canada. etc. £45,000 to be granted permanently for the Services in Schedule A, and £30,000 for the life of Her Majesty and five years following for those in Schedule B. How the of sums LII. And be it enacted that out of the consolidated revenue fund of the Province of Canada there shall be payable in every year to her Majesty, her heirs and successors, the sum of forty-five thousand pounds for defraying the expence of the several services and purposes named in the Schedule marked A to this Act annexed'; and during the life of her Majesty, and for five years after the demise of her Majesty, there shall be payable to her Majesty, her heirs and successors, out of the said consolidated revenue fund, a further sum of thirty thousand pounds, for defraying the expence of the several services and purposes named in the Schedule marked B. to this Act annexed; the said sums of forty-five thousand pounds and thirty thousand pounds to be issued by the Receiver-General in discharge of such warrant or warrants as shall be from time to time directed to him under the hand and seal of the Governor; and the said Receiver-General shall account to her Majesty for the same, through the Lord High Treasurer or Lords Commissioners of her Majesty's Treasury, in such form and manner as her Majesty shall be graciously pleased to direct. LIII. And be it enacted that, until altered by any Act of the Legisappropriation lature of the Province of Canada, the salaries of the Governor and of the Judges shall be those respectively set against their several offices in the said Schedule A.; but that it shall be lawful for the Governor to abolish any of the offices named in the said Schedule B., or to vary the sums granted may be varied. 1 It has not been thought necessary for the purpose of this volume to reprint the two Schedules of the Act. appropriated to any of the services or purposes named in the said Schedule B.; and that the amount of saving which may accrue from any such alteration in either of the said schedules shall be appropriated to such purposes connected with the administration of the Government of the said Province as to her Majesty shall seem fit; and that accounts in detail of the expenditure of the several sums of forty-five thousand and thirty thousand pounds hereinbefore granted, and of every part thereof, shall be, laid before the Legislative Council and Legislative Assembly of the said Province within thirty days next after the beginning of the session after such expenditure shall have been made: Provided always that not more than two thousand pounds shall be payable at the same time for pensions to the judges out of the said sum of forty-five thousand pounds, and that not more than five thousand pounds shall be payable at the same time for pensions out of the said sum of thirty thousand pounds; and that a list of all such pensions and of the persons to whom the same shall have been granted, shall be laid in every year before the said Legislative Council and Legislative Assembly. LIV. And be it enacted that during the time for which the said Surrender of Hereditary several sums of forty-five thousand pounds and thirty thousand pounds Revenues of are severally payable the same shall be accepted and taken by her Majesty the Crown. by way of Civil List, instead of all territorial and other revenues now at the disposal of the Crown, arising in either of the said Provinces of Upper Canada or Lower Canada, or in the Province of Canada, and that threefifths of the net produce of the said territorial and other revenues now at the disposal of the Crown within the Province of Canada shall be paid over to the account of the said consolidated revenue fund; and also during the life of her Majesty and for five years after the demise of her Majesty the remaining two-fifths of the net produce of the said territorial and other revenues now at the disposal of the Crown within the Province of Canada shall be also paid over in like manner to the account of the said consolidated revenue fund. LV. And be it enacted that the consolidation of the duties and Charges alrevenues of the said Province shall not be taken to affect the payment out in either ready created of the said consolidated revenue fund of any sum or sums heretofore Province. charged upon the rates and duties already raised, levied, and collected to and for the use of either of the said Provinces of Upper Canada or Lower Canada, or of the Province of Canada, for such time as shall have been appointed by the several Acts of the Legislature of the Province by which such charges were severally authorized. the Consoli LVI. And be it enacted that the expences of the collection, manage- The order of ment, and receipt of the said consolidated revenue fund shall form the charges on first charge thereon; and that the annual interest of the Public Debt of dated Fund to the Provinces of Upper and Lower Canada, or of either of them, at the be-1st, time of the reunion of the said Provinces shall form the second charge Expense of Collection; thereon; and that the payments to be made to the clergy of the United 2nd, Interest Church of England and Ireland, and to clergy of the Church of Scotland, of the debt; and to ministers of other Christian denominations, pursuant to any law or usage whereby such payments before or at the passing of this Act were) 3rd, payments to the Clergy; or are legally or usually paid out of the public or Crown revenue of either of the Provinces of Upper and Lower Canada, shall form the third charge 4th and 5th, upon the said consolidated revenue fund; and that the said sum of forty- Civil List; 6th, Other five thousand pounds shall form the fourth charge thereon; and that the charges alsaid sum of thirty thousand pounds, as long as the same shall continue to ready made be payable, shall form the fifth charge thereon; and that the other charges on the Public upon the rates and duties levied within the said Province of Canada here- Revenue. inbefore reserved shall form the sixth charge thereon, so long as such charges shall continue to be payable. LVII. And be it enacted that, subject to the several payments hereby Subject to the charged on the said Consolidated Revenue Fund, the same shall be appro- above charges, priated by the Legislature of the Province of Canada for the public service the Consoliin such manner as they shall think proper: Provided always that all bills gated Rever for appropriating any part of the surplus of the said consolidated revenue appropriated (dated Revenue by the Pro fund, or for imposing any new tax or import, shall originate in the LegisVancia, Legislative Assembly of the said Province of Canada: Provided also that it lature, by bills, etc. Townships to be constituted. Powers of Governor, now to be exercised. Magdalen Islands may be annexed to the Island of Prince Edward. Interpretation clause. Act may be shall not be lawful for the said Legislative Assembly to originate or pass any vote, resolution, or bill for the appropriation of any part of the surplus of the said consolidated revenue fund, or of any other tax or impost, to any purpose which shall not have been first recommended by a message of the Governor to the said Legislative Assembly during the session in which such vote, resolution, or bill shall be passed. LVIII. And be it enacted that it shall be lawful for the Governor, by an instrument or instruments to be issued by him for that purpose under the Great Seal of the Province, to constitute townships' in those parts of the Province of Canada in which townships are not already constituted, and to fix metes and bounds thereof, and to provide for the election and appointment of township officers therein, who shall have and exercise the like powers as are exercised by the like officers in the townships already constituted in that part of the Province of Canada now called Upper Canada; and every such instrument shall be published by proclamation, and shall have the force of law from a day to be named in each case in such proclamation. LIX. And be it enacted that all powers and authorities expressed in this Act to be given to the Governor of the Province of Canada shall be exercised by such Governor in conformity with and subject to such orders, instructions, and directions as her Majesty shall from time to time see fit to make or issue. 2 LX. And whereas his late Majesty King George the Third, by his Royal Proclamation, bearing date the seventh day of October in the third year of his reign, was pleased to declare that he had put the coast of Labrador from the River St. John to Hudson's Straits, with the islands of Anticosti and Madelaine and all other smaller islands lying on the said coast, under the care and inspection of the Governor of Newfoundland; And whereas by an Act passed in the fourteenth year of the reign of his said late Majesty, intituled "An Act for making more effectual provision for the Government of the Province of Quebec in North America," all such territories, islands, and countries, which had since the tenth day of February in the year one thousand seven hundred and sixty-three been made part of the Government of Newfoundland, were during his Majesty's pleasure annexed to and made part and parcel of the Province of Quebec as created and established by the said Proclamation; be it hereby declared and enacted that nothing in this or any other Act contained shall be construed to restrain her Majesty, if she shall be so pleased, from annexing the Magdalen Islands in the Gulf of St. Lawrence to her Majesty's Island of Prince Edward. LXI. And be it enacted that in this Act, unless otherwise expressed therein, the words "Act of the Legislature of the Province of Canada” are to be understood to mean "Act of her Majesty, her Heirs or Successors, enacted by her Majesty, or by the Governor on behalf of her Majesty, with the advice and consent of the Legislative Council and Assembly of the Province of Canada"; and the words "Governor of the Province of Canada" are to be understood as comprehending the Governor, LieutenantGovernor, or person authorized to execute the Office or the functions of Governor of the said Province. LXII. And be it enacted that this Act may be amended or repealed amended, etc. by any Act to be passed in the present session of Parliament. 1 For the history, see H. P. Biggar, The Growth of Municipal Institutions in Ontario; A. Shortt, The Beginnings of Municipal Government in Ontario; and compare Nos. CLIV, CLVI, CLVIII. 2 See No. IV. CLIV POULETT THOMSON TO RUSSELL [Trans.: Imperial Blue Books relating to Canada, 1841-43, Vol. XIV.] My Lord, Toronto, I have the honour to acknowledge the receipt of a copy of the Act for re-uniting the Provinces of Upper and Lower Canada, and for the Government of Canada. I have carefully perused the Act, and I observe with regret that some alterations have been made from the original plan which I transmitted, which will create difficulty and embarrassment here, especially the restrictions introduced in the schedule for the Civil list, to which I before called your attention. There is nothing, however, in those changes which will, I believe, offer any insuperable obstacle to the working of the Act. But it is with the deepest mortification that I find that the whole of the system for the establishment of local government has been omitted from the Bill, and that Her Majesty's Government and Parliament have contented themselves with the simple legislative re-union of the two Provinces, without providing any machinery by which they can be satisfactorily governed when united, or guarding against those evils which have been so severely felt from the absence of local government, and the consequent assumption by the assemblies of functions which did not properly belong to them, evils which will now be increased tenfold, after the two provinces shall have been placed under one government and one legislature. I need scarcely recall to your Lordship's attention the circumstances connected with this measure. In the year 1839, when the affairs of the Canadas were under the consideration of Her Majesty's Government, and it was determined, upon the recommendation of the Earl of Durham, to re-unite the provinces, the Cabinet was so deeply impressed with the truth of his declaration, of the absolute necessary of the establishment by Parliament of a system of local government simultaneously with the measure for the union, that the plan then submitted and embodied in the Bill of that year, proceeded altogether upon that principle. Five districts were created apart from the central legislature, and the whole frame of the measure was erected in accordance with it. I need not either remind your Lordship that whilst this was the unanimous opinion of the Cabinet, those members of it who really took a deep interest in Canadian matters entertained so strongly the opinion of the necessity of enforcing this principle, that they would not have assented to any plan which involved its exclusion. The Bill of 1839 was withdrawn, and I was deputed to obtain the assent of the people and legislature of the two Canadas to the union, and to transmit a plan for effecting it, and for the future government of the two provinces. But in the instructions with which I was honoured with a view to my proceedings, I was emphatically told that one of the most important principles to be kept in view in any measures for the future government of the Canadas was "the establishment of a system of local government by representative bodies freely elected in the various cities and rural districts." "That after a full investigation of every other plan which has been suggested, Her Majesty's Government have not been able to discover in any but this the reasonable hope of a satisfactory settlement." "That attaching minor importance to the details," "they cannot depart from these principles." Accordingly, in pursuance of the duty assigned to me, and having obtained the assent of the legislators of the two provinces to the terms of the union as they affected each in its relation to the other, or to the Crown, I transmitted such a plan for local government as, whilst it entire ly established the principle for which Her Majesty's Government contended, and the adoption of which they and I deemed indispensable, altogether removed the defects of the scheme of last year, and was generally ac |