15. The imposition of punishment by fine, penalty, or imprisonment for enforcing any Law of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this Section: 16. Generally all matters of a merely local or private nature in the Province. Education. 93. In and for each Province the Legislature may exclusively make Legislation laws in relation to Education, subject and according to the following pro- respecting Education. visions: (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to Denominational Schools which any class of persons have by law in the Province at the Union:1 (2) All the powers, privileges, and duties at the Union by law conferred and imposed in Upper Canada on the separate Schools and School Trustees of the Queen's Roman Catholic Subjects, shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec; (3) Where in any Province a system of separate or Dissentient Schools exists by law at the Union or is thereafter established by the Legislature of the Province, an appeal shall lie to the Governor-General in Council from any act of decision of any Provincial authority affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's Subjects in relation to Education; (4) In case any such Provincial law as from time to time seems to the Governor-General in Council requisite for the due execution of the provisions of this Section is not made, or in case any decision of the Governor-General in Council on any appeal under this Section is not duly executed by the proper Provincial authority in that behalf, then and in every such case,and as far only as the circumstances of each case require, the Parliament of Canada may make remedial laws for the due execution of the provisions of this Section, and of any decision of the GovernorGeneral in Council under this Section. Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick. for uni. 94. Notwithstanding anything in this Act, the Parliament of Canada Legislation may make provision for the uniformity of all or any of the laws relative formity of to property and civil rights in Ontario, Nova Scotia, and New Brunswick, laws in three and of the procedure of all or any of the Courts in those three Provinces, Provinces. and from and after the passing of any Act in that behalf, the power of the Parliament of Canada to make laws in relation to any matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making provision for such uniformity shall not have effect in any Province unless and until it is adopted and enacted as law by the Legislature thereof. Agriculture and Immigration. 95. In each Province the Legislature may make laws in relation to Concurrent Agriculture in the Province, and to Immigration into the Province; and it Powers of Legislation is hereby declared that the Parliament of Canada may from time to time respecting make laws in relation to Agriculture in all or any of the Provinces, and to Agriculture, Immigration into all or any of the Provinces; and any law of the Legislature of a Province, relative to Agriculture or to Immigration, shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. VII. JUDICATURE. etc. Appointment 96. The Governor-General shall appoint the Judges of the Superior, Appudges. District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. 1 For the school question, see Willison, op. cit., Vol. II. For leading cases, see Maher v. Town of Portland; City of Winnipeg v. Barrett; Brophy v. Att. Gen. of Manitoba, reported in Wheeler, Confederation Law of Canada, pp. 339 ff., 371 ff., 376 ff., For the Manitoba provisions, see No. CLXXX, § 22. Selection of Judges in Ontario, etc.; In Quebec. Tenure of Salaries, etc., General Court of Appeal, etc. Creation of Revenue Expenses of Interest of 97. Until the laws relative to property and civil rights in Ontario, Nova Scotia and New Brunswick, and the procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor-General shall be selected from the respective Bars of those Provinces. 98. The Judges of the Courts of Quebec shall be selected from the Bar of that Province. 99. The Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor-General on address of the Senate and House of Commons. 100. The salaries, allowances, and pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in cases where the Judges thereof are for the time being paid by salary, shall be fixed and provided by the Parliament of Canada. 101. The Parliament of Canada may, notwithstanding anything in this Act, from time to time, provide for the constitution, maintenance, and organization of a General Court of Appeal for Canada, and for the estab lishment of any additional Courts for the better Administration of the Laws of Canada. VIII. REVENUES; DEBTS; ASSETS; TAXATION. 102. All Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick before and at the Union, had and have power of appropriation, except such portions thereof as are by this Act reserved to the respective Legislatures of the Provinces, or are raised by them in accordance with the special powers conferred on them by this Act, shall form one Consolidated Revenue Fund, to be appropriated for the public service of Canada in the manner and subject to the charges in this Act provided. 103. The Consolidated Revenue Fund of Canada shall be permanently charged with the costs, charges and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon subject to be reviewed and audited in such manner as shall be ordered by the Governor-General in Council until the Parliament otherwise provides. 104. The annual Interest of the public debts of the several Provinces public debts. of Canada, Nova Scotia and New Brunswick at the Union shall form the second charge on the Consolidated Revenue Fund of Canada. Salary of Appropriation Transfer of Transfer of Property in Assets connected with 105. Unless altered by the Parliament of Canada, the salary of the Governor-General shall be Ten Thousand Pounds sterling money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the third charge thereon. 106. Subject to the several payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada for the public service. 107. All Stocks, Cash, Bankers' Balances, and Securities for money belonging to each Province at the time of the Union, except as in this Act mentioned, shall be the property of Canada, and shall be taken in reduction of the amount of the respective debts of the Provinces at the Union. 108. The Public Works and Property of each Province enumerated in the Third Schedule to this Act shall be the Property of Canada. 109. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick, at the Union and all sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the Province in the same. 110. All Assets connected with such portions of the Public Debt of each Province as are assumed by that Province shall belong to that Pro- provincial debts. vince. 111. Canada shall be liable for the Debts and Liabilities of each Pro-Canada to be liable vince existing at the Union. to them. 112. Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the debt of the Province of Canada exceeds at Debts of Ontario and the Union Sixty-two million five hundred thousand dollars, and shall be Quebec. charged with interest at the rate of five per centum per annum thereon. 113. The assets enumerated in the Fourth Schedule to this Act, be- Assets of longing at the Union to the Province of Canada, shall be the property of Ontario and Quebec. Ontario and Quebec conjointly. 114. Nova Scotia shall be liable to Canada for the amount (if any) Debt of by which its public debt exceeds at the Union Eight million dollars, and Nova Scotia. shall be charged with interest at the rate of five per centum per annum thereon. 115. New Brunswick shall be liable to Canada for the amount (if Debt of New any) by which its public debt exceeds at the Union Seven million dollars, Brunswick. and shall be charged with interest at the rate of five per centum per annum thereon. interest to 116. In case the public debts of Nova Scotia and New Brunswick do Payment of not at the Union amount to Eight million and Seven million dollars respec- Nova Scotia tively, they shall respectively receive, by half-yearly payments in advance and New from the Government of Canada, interest at five per centum per annum on Brunswick. the difference between the actual amounts of their respective debts and such stipulated amounts. public 117. The several Provinces shall retain all their respective public Provincial property not otherwise disposed of in this Act, subject to the right of property. Canada to assume any lands or public property required for Fortifications or for the defence of the country. Grants to 118. The following sums' shall be paid yearly by Canada to the sev- Provinces. eral Provinces for the support of their Governments and Legislatures: and an annual grant in aid of each Province shall be made, equal to Eighty cents per head of the population as ascertained by the census of One thousand eight hundred and Sixty-one, and in the case of Nova Scotia and New Brunswick, by each subsequent decennial census until the population of each of those two Provinces amounts to Four hundred thousand souls, at which rate such grant shall thereafter remain. Such grants shall be in full settlement of all future demands on Canada, and shall be paid halfyearly in advance to each Province; but the Government of Canada shall deduct from such grants, as against any Province, all sums chargeable as interest on the public debt of that Province in excess of the several amounts stipulated in this Act. Further grants to New 119. New Brunswick shall receive, by half-yearly payments in advance. from Canada, for the period of ten years from the Union, an additional allowance of Sixty-three thousand dollars per annum; but as long as the Brunswick. public debt of that Province remains under Seven million dollars, a deduction equal to the interest at five per centum per annum on such deficiency shall be made from that allowance of Sixty-three thousand dollars. 120. All Payments to be made under this Act, or in discharge of lia-Form of bilities created under any Act of the Provinces of Canada, Nova Scotia, payments. and New Brunswick respectively, and assumed by Canada, shall, until the 1 For an early dispute over this section with Nova Scotia, see Pope, Life of Sir John Macdonald, Vol. II, pp. 32 ff.; 301 ff. See also No. CLXXXVII for the present arrangements. Canadian 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. manufacturers, 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. etc. Customs and 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. Exportation 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. Exemption of Provincial As to Legisla tive Councillors of Pro vince becoming Senators. Oath of AIlegiance, etc. Continuance Laws, Courts, 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. IX. 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 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. Use of Eng. 133. Either the English or the French language may be used by any lish and person 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- Appointment 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, duties, etc., all rights, powers, duties, functions, responsibilities, or authorities at the of Executive 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. |