Great Seals. Construction of temporary Acts. As to errors in names. As to issue of Proclama 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 mence after tions before Union. As to issue of Proclamations after Union. 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. 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. Penitentiary. 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. Arbitration respecting Debts, etc. Division of records. Constitution of Townships in Quebec. Duty of Government and Parlia ment of Can ada to make railway herein described. 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 Canada 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.' in Senate. 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.N.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. |