Tenure of Salaries of Governors. Lieutenant 59. A Lieutenant-Governor shall hold office during the pleasure of the Governor-General'; but any Lieutenant-Governor appointed after the commencement of the first Session of the Parliament of Canada shall not be removable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing within one month after the order for his removal is made, and shall be communicated by Message to the Senate and to the House of Commons within one week thereafter if the Parliament is then sitting, and if not then, within one week after the commencement of the next Session of the Parliament. 60. The salaries of the Lieutenant-Governors shall be fixed and provided by the Parliament of Canada. 61. Every Lieutenant-Governor shall, before assuming the duties of Oaths, etc., of his office make and subscribe before the Governor-General or some person authorized by him, Oaths of Allegiance and Office similar to those taken by the Governor-General. Governor. Application of provisions referring to LieutenantGovernor. Appointment Officers for Government and New 62. The provisions of this Act referring to the Lieutenant-Governor extend and apply to the Lieutenant-Governor for the time being of each Province or other the Chief Executive Officer or Administrator for the time being carrying on the Government of the Province, by whatever title he is designated. 63. The Executive Council of Ontario and of Quebec shall be composed of such persons as the Lieutenant-Governor from time to time thinks fit, and in the first instance of the following Officers, namely: the Attorney-General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with, in Quebec, the Speaker of the Legislative Council and the Solicitor-General. 64. The Constitution of the Executive Authority in each of the Proof Nova Scotia vinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act. continue as it exists at the Union, until altered under the authority of this Act. Brunswick. Powers to be exercised by Lieutenant Governor of alone. As to Lieuten in Council. 65. 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, or Canada, were or are before or 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 are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant-Governor of Ontario and Quebec respectively, with the advice, or with the advice and consent of, or in conjunction with the respective Executive Councils or any Members thereof, or by the Lieutenant-Governor 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 respective Legislatures of Ontario and Quebec. ant-Governor 66. The provisions of this Act referring to the Lieutenant-Governor in Council shall be construed as referring to the Lieutenant-Governor of the Province acting by and with the advice of the Executive Council thereof. As to absence, Lieutenant- Seats of Provincial Governments. 67. The Governor-General in Council may from time to time appoint an Administrator to execute the office and functions of Lieutenant-Governor during his absence, illness, or other inability. 68. Unless and until the Executive Government of any Province otherwise directs with respect to that Province, the seats of Government of the Provinces shall be as follows, namely,-of Ontario, the City of 1 For cases of dismissal of Lieutenant-Governors, see Todd, Parliamentary Government in British Colonies; Willison, Sir Wilfrid Laurier and the Liberal Party. Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Legislative Power. 1. Ontario. 69._There shall be a Legislature for Ontario, consisting of the Lieu-Legislature tenant-Governor and of one House, styled the Legislative Assembly of for Ontario. Ontario. 70. The Legislative Assembly of Ontario shall be composed of Eighty-Electorial two Members, to be elected to represent the Eighty-two Electoral Districts Districts. set forth in the First Schedule to this Act. 2. Quebec. 71. There shall be a Legislature for Quebec, consisting of the Lieu-Legislature tenant-Governor and of two Houses, styled the Legislative Council of for Quebec. Quebec and the Legislative Assembly of Quebec. 72. The Legislative Council of Quebec shall be composed of Twenty- Constitution four Members, to be appointed by the Lieutenant-Governor in the Queen's of Legislative Council. name by Instrument under the Great Seal of Quebec, one being appointed to represent each of the Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding office for the term of his life, unless the Legislature of Quebec otherwise provides under the provisions of this Act. Qualification 73. The qualifications of the Legislative Councillors of Quebec shall of Legislative be the same as those of the Senators for Quebec. Councillors. 74. The place of a Legislative Councillor of Quebec shall become Resignation, vacant in the cases, mutatis mutandis, in which the place of Senator be-etc. comes vacant. 75. When a vacancy happens in the Legislative Council of Quebec Vacancies. by resignation, death, or otherwise, the Lieutenant-Governor, in the Queen's name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified person to fill the vacancy. 76. If any question arises respecting the qualification of a Legislative Questions as Councillor of Quebec, or a vacancy in the Legislative Council of Quebec, to vacancies, the same shall be heard and determined by the Legislative Council. etc. 77. The Lieutenant-Governor may, from time to time, by Instrument Speaker of under the Great Seal of Quebec, appoint a Member of the Legislative Legislative Council. Council of Quebec, to be Speaker thereof, and may remove him and appoint another in his stead. 78. Until the Legislature of Quebec otherwise provides, the presence Quorum of Legislative of at least ten Members of the Legislative Council, including the Speaker, Council. shall be necessary to constitute a meeting for the exercise of its powers. 79. Questions arising in the Legislative Council of Quebec shall be Voting in Legislative decided by a majority of voices, and the Speaker shall in all cases have a Council. vote, and when the voices are equal, the decision shall be deemed to be in the negative. 80. The Legislative Assembly of Quebec shall be composed of Sixty-Constitution of Legislative five Members, to be elected to represent the Sixty-five Electoral Divisions Assembly or Districts of Lower Canada in this Act referred to, subject to alteration of Quebec. thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant-Governor of Quebec for assent any Bill for altering the limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the second and third readings of such Bill have been passed in the Legislative Assembly with the_concurrence of the majority of the Members representing all those Electoral Divisions or Districts, and the assent shall not be given to such Bill unless an address has been presented by the Legislative Assembly to the Lieutenant-Governor, stating that it has been so passed. 3. Ontario and Quebec. 81. The Legislatures of Ontario and Quebec respectively shall be First Session called together not later than six months after the Union. of Legisla. tures. Summoning Assemblies. 82. The Lieutenant-Governor of Ontario and of Quebec shall, from of Legislatíve time to time, in the Queen's name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province. Restriction on election of holders of office. Continuance of existing election laws. Duration of Yearly Session of Speaker, quorum, etc. Constitutions of Legisla Scotia and 83. Until the Legislature of Ontario or of Quebec otherwise provides, a person accepting or holding in Ontario or in Quebec any office, commission, or employment, permanent or temporary at the nomination of the Lieutenant-Governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any person being a Member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say:-the Offices of Attorney-General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor-General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office. 84. Until the Legislatures of Ontario and Quebec respectively otherwise provide, all laws which at the Union are in force in those Provinces respectively, relative to the following matters or any of them, namely,— the qualifications and disqualifications of persons to be elected or to sit or vote as Members of the Assembly of Canada, the qualifications or disqualifications of voters, the oaths to be taken by voters, the Returning Officers, their powers and duties, the proceedings at Elections, the periods during which such Elections may be continued, and the trial of controverted Elections and the proceedings incident thereto, the vacating of the seats of Members, and the issuing and execution of new Writs in case of seats vacated otherwise than by dissolution, shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec. Provided that until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British Subject aged Twenty-one years or upwards, being a householder, shall have a vote. 85. Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for four years from the day of the return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant-Governor of the Province), and no longer. 86. There shall be a Session of the Legislature of Ontario and of that of Quebec once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in each Province in one Session and its first sitting in the next Session. 87. The following provisions of this Act respecting the House of Commons of Canada, shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, the provisions relating to the Election of a Speaker originally and on vacancies, the duties of the Speaker, the absence of the Speaker, the quorum, and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to each such Legislative Assembly. 4. Nova Scotia and New Brunswick. 88. The Constitution of the Legislature of each of the Provinces of tures of Nova Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act; and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooned dissolved, continue for the period for which it was elected. New Brunswick. 5. Ontario, Quebec and Nova Scotia. 89. Each of the Lieutenant-Governors of Ontario, Quebec, and Nova First ElecScotia, shall cause Writs to be issued for the first Election of Members of tions. the Legislative Assembly thereof in such form and by such person as he thinks fit, and at such time and addressed to such Returning Officer as the Governor-General directs, and so that the first Election of Member of Assembly for any Electoral District or any subdivision thereof shall be held at the same time and at the same places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District. 6. The Four Provinces. 90. The following provisions of this Act respecting the Parliament Application to of Canada, namely, the provisions relating to appropriation and tax Bills, of provisions Legislatures the recommendation of money votes, the assent to Bills, the disallowance respecting of Acts, and the signification of pleasure on Bills reserved,-shall extend money votes, and apply to the Legislatures of the several Provinces as if those provisions etc. were here re-enacted and made applicable in terms to the respective Provinces and the Legislatures thereof, with the substitution of the LieutenantGovernor of the Province for the Governor-General, of the GovernorGeneral for Queen and for a Secretary of State, of one year for two years and of the Province for Canada. VI. DISTRIBUTION OF LEGISLATIVE POWERS. Powers of the Parliament." 91. It shall be lawful for the Queen, by and with the advice and con- Legislative sent of the Senate and House of Commons, to make laws for the peace, Parliament of Authority of order and good government of Canada in relation to all matters not coming Canada. within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this Section, it is hereby declared that (notwithstanding anything in this Act) 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: Postal Service: 5. 7. Militia, Military and Naval Service ,and Defence: 8. The fixing of and providing for the Salaries and Allowances of 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: 1 For the disallowance and reservation of Provincial Acts, see Canadian Sessional Papers, 1870. No. 35, Ibid, 1886. Consult also, Hodgins and Gisborne, The Corres pondence.... upon the subject of Dominion and Provincial Legislation, 1867-1903, 1904-1906. For an exhaustive summary of the interpretation by the Courts of Sections 91 and 92, see E. R. Cameron, The Canadian Constitution (Winnipeg, 1915), and Lefroy and Kennedy, Treatise on Canadian Constitutional Law (1918). Subjects of exclusive Provincial 24. Indians and Lands reserved for the Indians: 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 enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces: And any matter coming within any of the Classes of Subjects enumerated in this section shall not be deemed to come within the Class of matters of a local or private nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. Exclusive Powers of Provincial Legislatures. 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 from time to time, notwithstanding anything in this Act, 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 3. The borrowing of money on the sole credit of the Province: 5. The management and sale of the Public Lands belonging to the 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, other than such as are of the following classes: a. Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other works and undertakings connecting the Province with any other or others of the Provinces, or extending beyond the limits of the Province: b. Lines of Steam Ships between the Province and any British or Foreign Country: C. Such works as, although wholly situate within the Province, are before or after their execution declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces: 11. The Incorporation of Companies with Provincial Objects: 12. The Solemnization of Marriage in the Province: 13. Property and civil rights in the Province: 14. The Administration of Justice in the Province, includ |