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Representation in the Senate.
Representation in the House of Commons.
of voters and members.
3. The said Province shall be represented in the Senate of Canada by two Members, until it shall have, according to decennial census, a population of fifty thousand souls, and from thenceforth it shall be represented therein by three Members, until it shall have, according to decennial census, a population of seventy-five thousand souls, and from thenceforth it shall be represented therein by four Members.
4. The said Province shall be represented, in the first instance, in the House of Commons in Canada, by four Members and for that purpose shall be divided by proclamation of the Governor General, into four Electoral Districts each of which shall be represented by one Member: Provided that on the completion of the census in the year 1881, and of each decennial census afterwards the representation of the said Province shall be readjusted according to the provisions of the fifty-first section of the British North America Act, 1867.
5. Until the Parliament of Canada otherwise provides, the qualifications of voters at Elections of Members of the House of Commons shall be the same as for the Legislative Assembly hereinafter mentioned: And no person shall be qualified to be elected, or to sit and vote as a Member for any Electoral District, unless he is a duly qualified voter within the said Province.
6. For the said Province there shall be an Officer styled the Lieutenant Governor, appointed by the Governor General in Council by instrument under the Great Seal of Canada.
7. The Executive Council of the Province shall be composed of such persons, and under such designations, as the Lieutenant Governor shall, from time to time think fit: and, in the first instance, of not more than five persons.
8. Unless and until the Executive Government of the Province otherwise directs, the seat of Government of the same shall be at Fort Garry, or within one mile thereof.
9. There shall be a Legislature for the Province, consisting of the Lieutenant Governor, and of two Houses, styled respectively, the Legislative Council of Manitoba, and the Legislative Assembly of Manitoba.
10. The Legislative Council shall, in the first instance, be composed of seven Members, and after the expiration of four years from the time of the first appointment of such seven Members, may be increased to not their appoint more than twelve Members. Every Member of the Legislative Council shall be appointed by the Lieutenant-Governor in the Queen's name, by Instrument under the Great Seal of Manitoba, and shall hold office for the term of his life, unless and until the Legislature of Manitoba otherwise provides under the British North America Act, 1867.
11. The Lieutenant-Governor may, from time to time, by Instrument under the Great Seal, appoint a member of the Legislative Council to be Speaker thereof, and may remove him and appoint another in his stead.
12. Until the Legislature of the Province otherwise provides, the presence of a majority of the whole number of the Legislative Council, including the Speaker shall be necessary to constitute a meeting for the exercise of its powers.
13. Questions arising in the Legislative Council shall be decided by a majority of voices, and the Speaker shall in all cases have a vote and when the voices are equal the decisions shall be deemed to be in the negative.
14. The Legislative Assembly shall be composed of twenty-four members to be elected to represent the Electoral Divisions into which the said Province may be divided by the Lieutenant-Governor as hereinafter mentioned.
15. The presence of a majority of the Members of the Legislative Assembly shall be necessary to constitute a meeting of the House for the exercise of its powers; and for that purpose the Speaker shall be recognized as a Member.
16. The Lieutenant-Governor shall (within six months of the date of the Order of Her Majesty in Council admitting Rupert's Land and the
North-Western Territory into the Union), by Proclamation under the Great Seal, divide the said Province into twenty-four Electoral Divisions, due regard being had to existing Local Divisions and population.
17. Every male person shall be entitled to vote for a Member, to serve Qualification in the Legislative Assembly for any Electoral Division, who is qualified as of voters. following, that is if he is:—
1. Of the full age of twenty-one years, and not subject to any legal
2. A subject of Her Majesty by birth or naturalization:
3. And a bona fide householder within the Electoral Division, at the date of the Writ of Election for the same, and has been a bona fide householder for one year next before the said date; or,
4. If, being, of the full age of twenty-one years and not subject to Special,-for any legal incapacity and a subject of Her Majesty by birth or naturaliza-first election tion, he was, at the time within twelve months prior to the passing of this Act, and (though in the interim temporarily absent) is at the time of such election a bona fide householder, and was resident within the Electoral Division at the date of the Writ of Election for the same:
But this fourth sub-section shall apply only to the first election to be held under this Act for Members to serve in the Legislative Assembly a foresaid.
at first elec
18. For the first election of Members to serve in the Legislative Proceedings Assembly, and until the Legislature of the Province otherwise provides, the tion, &c.,Lieutenant-Governor shall cause writs to be issued, by such person in such how regulated. form and addressed to such Returning Officers as he thinks fit; and for the first election, and until the Legislature of the province otherwise provides, the Lieutenant-Governor shall, by proclamation, prescribe and declare the oaths to be taken by voters, the powers and duties of Returning and Deputy Returning Officers, the proceedings to be observed at such election, and the period during which such election may be continued, and such other provisions in respect to such first election as he may think fit.
19. Every Legislative Assembly shall continue for four years from Duration of the date of the return of the writs for returning the same (subject never- Assembly. theless to being sooner dissolved by the Lieutenant-Governor), and no longer; and the first Session thereof shall be called at such time as the Lieutenant-Governor shall appoint.
20. There shall be a Session of the Legislature once at least in every Sessions at year, so that twelve months shall not intervene between the last sitting of least once the Legislature in one Session and its first sitting in the next Session.
21. The following provisions of the British North America Act, 1867, Certain prorespecting the House of Commons of Canada, shall extend and apply to B. N. A. Act the Legislative Assembly, that is to say:-Provisions relating to the election 1867 to apply. of a Speaker, originally, and on vacancies, the duties of the Speakerthe absence of the Speaker and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to the Legislative Assembly.
22. In and for the Province, the said Legislature may exclusively Legislation touching make laws in relation to Education' subject and according to the following schools subprovisions:
ject to certain
(1) Nothing in any such Law shall prejudicially affect any right or provisions. privilege with respect to Denominational Schools which any class of persons have by Law or practice in the Province at the Union:
(2) An appeal shall lie to the Governor-General in Council from any Act or decision of the Legislature of the Province or of any Provincial Authority, affecting any right or privilege of the Protestant or Koman Catholic minority of the Queen's subjects in relation to Education:
(3) In case any such Provincial Law, as from time to time seems to Power re. served to the Governor-General in Council requisite for the due execution of the Parliament. 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 on that behalf then, and in See B.N.A. Act, 1867 (No. CLXXIX), section 93 and note.
English and French language to be used.
allowed to the Province on
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.
23. Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both those languages shall 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 the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.
24. Inasmuch as the Province is not in debt, the said Province shall be entitled to be paid and to receive from the Government of Canada by amount of the half-yearly payments in advance, interest at the rate of five per centum per annum on the sum of four hundred and seventy-two thousand and ninety dollars.
debt of Canada.
Subsidy to the Province for support of Government, and in propor
tion to its population.
Canada assums certain expenses.
Ungranted lands vested
in the Crown
25. The sum of thirty thousand dollars shall be paid yearly by Canada to the Province, for the support of its Government and Legislature, and an annual grant in aid of the said Province shall be made, equal to eighty cents per head of the population estimated at seventeen thousand souls; and such grant of eighty cents per head shall be augmented in proportion to the increase of population, as may be shewn by the census that shall be taken thereof in the year one thousand one hundred and eighty-one, and by each subsequent decennial census, until its population amounts to four hundred thousand souls, at which amount such grant shall remain thereafter, and such sum shall be in full settlement of all future demands on Canada, and shall be paid half-yearly, in advance, to the said Province.
26. Canada will assume and defray the charges for the following services::
1. Salary of the Lieutenant-Governor.
2. Salaries and allowances of the Judges of the Superior and District or County Courts.
3. Charges in respect of the Department of the Customs.
Protection of Fisheries.
7. Geographical Survey.
8. The Penitentiary.
9. And such further charges as may be incident to and connected with the services which, by the British North America Act, 1867, appertain to the General Government, and as are or may be allowed to the other Provinces.
27. The Customs duties now by law chargeable in Rupert's Land, shall be continued without increase for the period of three years from and after the passing of this Act, and the proceeds of such duties shall form part of the Consolidated Revenue Fund of Canada.
28. Such provisions of the Customs Laws of Canada (other than such as prescribe the rate of duties payable) as may be from time to time de clared by the Governor-General in Council to apply to the Province of Manitoba shall be applicable thereto, and in force therein accordingly.
29. Such provisions of the Laws of Canada respecting the Inland Revenue, including those fixing the amount of duties, as may be from time to time declared by the Governor-General in Council applicable to the said province shall apply thereto, and be in force therein accordingly.
30. All ungranted or waste lands in the Province shall be, from and after the date of the said transfer, vested in the Crown, and administered for Dominion by the Government of Canada for the purposes of the Dominion, subject to, and except, and so far as the same may be affected by the conditions and stipulations contained in the agreement for the surrender of Rupert's Land by the Hudson's Bay Company to Her Majesty.
31. And whereas, it is expedient, towards the extinguishment of the Provisions Indian Title to the lands in the Province, to appropriate a portion of such as to Indian title. ungranted lands to the extent of one million four hundred thousand acres thereof, for the benefit of the families of the half-breed residents, it is hereby enacted that under regulations to be from time to time made by
the Governor General in Council, the Lieutenant-Governor shall select Grant for such lots or tracts in such parts of the Province as he may deem expedient, half breeds. to the extent aforesaid, and divide the same among the children of the half-breed heads of families residing in the province at the time of the said transfer to Canada, and the same shall be granted to the said children respectively in such mode and on such conditions as to settlement and otherwise, as the Governor General in Council shall from time to time determine.
32. For the quieting of titles, and assuring to the settlers in the Quieting titles. Province the peaceable possession of the lands now held by them, it is enacted as follows:
1. All grants of land in freehold made by the Hudson's Bay Company Grants by H. up to the eighth day of March in the year 1869, shall, if required by the B. Company. owner, be confirmed by grant from the Crown.
2. All grants of estates less than freehold in land made by the The same. Hudson's Bay Company, up to the 8th day of March aforesaid, shall if required by the owner, be converted into an estate in freehold by grant from the Crown.
3. All titles by occupancy with the sanction and under the license and Titles being authority of the Hudson's Bay Company up to the eighth day of March with permis aforesaid, of land in that part of the Province in which the Indian Titlesion. has been extinguished, shall, if required by the owner, be converted into an estate in freehold by grant from the Crown.
4. All persons in peaceable possession of tracts of land at the time By peaceable of the transfer to Canada, in those parts of the Province in which the possession. Indian title has not been extinguished, shall have the right of pre-emption of the same, on such terms and conditions as may be determined by the Governor in Council.
5. The Lieutenant-Governor is hereby authorized under regulations Lieutenantto be made from time to time by the Governor General in Council to make Governor to to make proall such provisions for ascertaining and adjusting, on fair and equitable visions under terms, the rights of Common, and rights of cutting Hay held and enjoyed Order in by the Settlers in the Province, and for the commutation of the same by Council. grants of land from the Crown.
33. The Governor General in Council shall from time to time settle Governor in and appoint the mode and form of Grants of Land from the Crown and appoint, form, Council to any Order in Council for that purpose when published in the Canada &c., of grants Gazette shall have the same force and effect as if it were a portion of this Act.
H. B. Com
34. Nothing in this Act shall in any way prejudice or affect the rights Rights of or properties of the Hudson's Bay Company as contained in the conditions pany not under which that Company surrendered Rupert's Land to her Majesty. affected.
35. And with respect to such portion of Rupert's Land and the North- LieutenantWestern Territory as is not included in the Province of Manitoba, it is Governor to hereby enacted that the Lieutenant-Governor of the said Province shall be govern N. W appointed, by Commission under the Great Seal of Canada to be the Lieu-territory for tenant-Governor of the same under the name of the North-West Terri- Canada. tories and subject to the provisions of the Act in the next section mentioned.
36. Except as hereinbefore is enacted and provided, the Act of the Act 32 and 33 V., c. 3, Parliament of Canada passed in the now last session thereof, and entitled extended and "An Act for the Temporary Government of Rupert's Land and the North- continued. Western Territory when united with Canada" is hereby re-enacted, extended and continued in force until the first day of January, 1871, and until the end of the Session of Parliament then next succeeding.
THE BRITISH NORTH AMERICA ACT, 1871
(34 & 35, Victoria, c. 28.)
An Act respecting the Establishment of Provinces in the Dominion of
29th June, 1871.
Whereas doubts' have been entertained respecting the powers of the Parliament of Canada to establish Provinces in territories admitted, or which may hereafter be admitted, into the Dominion of Canada, and to provide for the representation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament:
Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited for all purposes as The British North America Act, 1871. Parliament of 2. The Parliament of Canada may from time to time establish new Canada may establish new Provinces in any territories forming for the time being part of the DominProvinces and ion of Canada, but not included in any Province thereof, and may, at the provide for
Alteration of limits of Provinces.
Canada may legislate for any territory not included in a Province.
Confirmation of Acts of Parliament of Canada.
32-33 V., c. 3.
33 V., c. 3.
Limitation of powers of
time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order and good government of such Province, and for its representation in the said Parliament.
3. The Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby.
4. The Parliament of Canada may from time to time make provision for the administration, peace, order and good government of any territory not for the time being included in any Province.
5. The following Acts passed by the said Parliament of Canada, and intituled respectively:
"An Act for the temporary government of Rupert's Land and the
shall be and be deemed to have been valid and effectual for all purposes
6. Except as provided by the third section of this Act, it shall not be Parliament of competent for the Parliament of Canada to alter the provisions of the
Canada to legislate for
an established Province.
last mentioned Act of the said Parliament in so far as it relates to the Province of Manitoba or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province.
1 See Lord Kimberley's speech in Hansard, (III. Series.), Vol. 206, p. 1171, for the reasons which led to the introduction of this bill. 2 No. CLXXX.