« AnkstesnisTęsti »
Parliament of Canada otherwise directs, be made in such form and manner as may from time to time be ordered by the Governor-General in Council. 121. All articles of the growth, produce, or manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.
122. The Customs and Excise Laws of each Province shall, subject to the provisions of this Act, continue in force until altered by the Parliament of Canada.
123. Where Customs Duties are, at the Union, leviable on any goods, and Importation as betwen wares, or merchandises in any two Provinces, those goods, wares, and two Provinces, merchandises may from and after the Union, be imported from one of those Provinces into the other of them, on proof of payment of the Customs Duty leviable thereon in the Province of exportation, and on payment of such further amount (if any) of Customs Duty as is leviable thereon in the Province of importation.
Lumber dues in New Brunswick.
As to Legislative Councillors of Pro
vince becoming Senators.
Oath of Allegiance, etc.
Continuance of existing Officers, etc.
124. Nothing in this Act shall affect the right of New Brunswick to levy the lumber dues provided in Chapter Fifteen of Title Three of the Revised Statutes of New Brunswick, or in any Act amending that Act before or after the Union, and not increasing the amount of such dues; but the lumber of any of the Provinces other than New Brunswick shall not be subject to such dues.
125. No Lands or Property belonging to Canada or any Province shall be liable to taxation.
126. Such portions of the Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union power of appropriation, as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special powers conferred upon them by this Act, shall in each Province form one Consolidated Revenue Fund to be appropriated for the Public Service of the Province. MISCELLANEOUS PROVISIONS. General.
127. If any person being at the passing of this Act, a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a place in the Senate is offered, does not within thirty days thereafter, by writing under his hand, addressed to the Governor-General of the Province of Canada or to the Lieutenant-Governor of Nova Scotia or New Brunswick (as the case may be) accept the same, he shall be deemed to have declined the same; and any person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a place in the Senate, shall thereby vacate his Seat in such Legislative Council.
128. Every Member of the Senate or House of Commons of Canada shall, before taking his Seat therein, take and subscribe before the Governor-General or some person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall, before taking his Seat therein, take and subscribe before the Lieutenant-Governor of the Province, or some person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Member of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor-General, or some person authorized by him, the Declaration of Qualification contained in the same Schedule.
129. Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all Courts of Laws, Courts, Civil and Criminal Jurisdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein at the Union, shall continue, in Ontario, Quebec, Nova
These dues were abolished by the Treaty of Washington, Section XXXI, 1871. An Act was passed by the Dominion Parliament (36 Victoria, c. 41), providing compensation for New Brunswick from the Dominion.
Scotia, and New Brunswick respectively, as if the Union had not been made; subject nevertheless (except with respect to such as are enacted by or exist 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 respective Province, according to the authority of the Parliament or of that Legislature under this Act.
130. Until the Parliament of Canada otherwise provides, all Officers Transfer of of the several Provinces having duties to discharge in relation to matters Officers to other than those coming within the classes of subjects by this Act assigned Canada. exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities, and penalties as if the Union had not been made.
131. Until the Parliament of Canada otherwise provides, the Governor-Appointment General in Council may from time to time appoint such Officers as the of new Governor-General in Council deems necessary or proper for the effectual Officers. execution of this Act.
132. The Parliament and Government of Canada shall have all powers Treaty oblinecessary or proper for performing the obligations of Canada or of any gations. Province thereof, as part of the British Empire, towards Foreign Countries,arising under Treaties between the Empire and such Foreign Countries.
133. Either the English or the French language may be used by any lish and Use of Engperson in the debates of the Houses of the Parliament of Canada and of French the Houses of the Legislature of Quebec; and both those languages shall languages. be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person or in any pleading or process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.
The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those languages.
Ontario and Quebec.
134. Until the Legislature of Ontario or of Quebec otherwise pro- of Executive vides, the Lieutenant-Governors of Ontario and Quebec may each appoint, Officers for under the Great Seal of the Province, the following Officers, to hold office Ontario and during pleasure, that is to say, the Attorney-General, the Secretary and Quebec. Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the case of Quebec the Solicitor-General; and may, by order of the Lieutenant-Governor in Council, from time to time prescribe the duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof; and may also appoint other and additional Officers to hold office during pleasure, and may from time to time prescribe the duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof.
135. Until the Legislature of Ontario or Quebec otherwise provides, Powers, all rights, powers, duties, functions, responsibilities, or authorities at the duties, etc., passing of this Act vested in or imposed on the Attorney-General, Solicitor- Officers. General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver-General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer to be appointed by the Lieutenant-Governor for the discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the duties and functions of the office of Minister of Agriculture at the passing of this Act imposed by the law of the Province of Canada as well as those of the Commissioner of Public Works.
As to errors in names.
As to issue
136. Until altered by the Lieutenant-Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada.
137. The words 'and from thence to the end of the then next ensuing Session of the Legislature,' or words to the same effect used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada, if the subject-matter of the Act is within the powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively, if the subject-matter of the Act is within the powers of the same as defined by this Act.
138. From and after the Union the use of the words 'Upper Canada' instead of 'Ontario,' or 'Lower Canada' instead of 'Quebec,' in any Deed, Writ, Process, Pleading, Document, Matter, or Thing shall not invalidate the same.
139. Any Proclamation under the Great Seal of the Province of Canada, issued before the Union, to take effect at a time which is subsequent Union to com- to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several matters and things therein proclaimed, shall be and continue of like force and effect as if the Union had not been made.
As to issue of Proclamations after Union.
Arbitration respecting Debts, etc.
Division of records.
of Townships in Quebec.
Duty of Government and Parlia
ment of Can
ada to make
140. Any Proclamation which is authorized by any Act of the Legis lature of the Province of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant-Governor of Ontario or of Quebec, as its subject-matter requires, under the Great Seal thereof; and from and after the issue of such Proclamation the same and the several matters and things therein proclaimed shall be and continue of the like force and effect in Ontario or Quebec as if the Union had not been made.
141. The Penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec.
142. The division and adjustment of the Debts, Credits, Liabilities, Properties, and Assets of Upper Canada and Lower Canada shall be referred to the arbitrament of three arbitrators, one chosen by the Government of Ontario, one by the Government of Quebec,and one by the Government of Canada; and the selection of the arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the arbitrator chosen by the Government of Cañada shall not be a resident either in Ontario or in Quebec.
143. The Governor-General in Council may from time to time order that such and so many of the records, books and documents of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the property of that Province; and any copy thereof or extract therefrom, duly certified by the Officer having charge of the original thereof, shall be admitted as evidence.
144. The Lieutenant-Governor of Quebec may from time to time, by Proclamation under the Great Seal of the Province, to take effect from a day to be appointed therein, constitute Townships in those parts of the Province of Quebec in which Townships are not then already constituted and fix the metes and bounds thereof.
X. INTERCOLONIAL RAILWAY.
145. Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a declaration that the construction of the Intercolonial Railway' is essential to the consolidation of the Union of British North America, and to the assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that provision should be made for its
1 See Sir Sandford Fleming, The Intercolonial Railway.
immediate construction by the Government of Canada: Therefore, in order to give effect to that agreement, it shall be the duty of the Government and Parliament of Canada to provide for the commencement, within Six months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the construction thereof without intermission, and the completion thereof with all practicable speed.
XI. ADMISSION OF OTHER COLONIES.
146. It shall be lawful for the Queen, by and with the advice of Her Power to Majesty's Most Honourable Privy Council, on Addresses from the Houses admit Newfoundland, of the Parliament of Canada, and from the Houses of the respective Legis- etc., into the latures of the Colonies or Provinces of Newfoundland, Prince Edward Union. Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-Western Territory, or either of them, into the Union, on such terms and conditions in each case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the provisions of this Act; and the provisions of any Order in Council in that behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland.'
147. In case of the admission of Newfoundland and Prince Edward As to the Island or either of them, each shall be entitled to a representation, in the representation of NewfoundSenate of Canada, of Four Members, and (notwithstanding anything in land and this Act) in case of the admission of Newfoundland the normal number Prince Edof Senators shall be Seventy-six and their maximum number shall be ward Island Eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the Three Divisions into which Canada is, in relation to the constitution of the Senate, divided by this Act, and accordingly, after the admission of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New Brunswick in the Senate shall, as vacancies occur, be reduced from Twelve to Ten Members respectively, and the representation of each of those Provinces shall not be increased at any time beyond Ten, except under the provisions of this Act, for the appointment of Three or Six additional Senators under the direction of the Queen.
Note. The schedules of the B.Ñ.A. Act are omitted as unnecessary for the purposes of this volume.
1 Prince Edward Island, British Columbia, Rupert's Land and North Western Territory were admitted by Orders-in-Council dated respectively 26 June, 1873, 16 May, 1871, 23 June, 1870. Compare Nos. CLXXXI and CLXXXV.