Puslapio vaizdai
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English and French language to be used.

Interest

allowed to the Province on

a certain

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.

General provision.

Customs duties.

Customs laws.

Inland Revenue laws

and duties.

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.

4. Postal Department.

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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.

purposes.

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.

occupancy

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 LieutenantGovernor to to be made from time to time by the Governor General in Council to make overopro all 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 Council to and appoint the mode and form of Grants of Land from the Crown and appoint, form, 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

Lieutenant

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-, Western 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 Territories and subject to the provisions of the Act in the next section mentioned.

Canada.

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.

Short title.

CLXXXI

THE BRITISH NORTH AMERICA ACT, 1871

(34 & 35, Victoria, c. 28.)

An Act respecting the Establishment of Provinces in the Dominion of
Canada.

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

the constitu

tion, etc., thereof.

Alteration of limits of Provinces.

time of such establishment, make provision for the constitution and aðministration 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 Parliament of affected thereby.

Canada may

4. The Parliament of Canada may from time to time make provision legislate for for the administration, peace, order and good government of any territory any territory not included not for the time being included in any Province.

in a Province.

Confirmation of Acts of Parliament of Canada.

32-33 V., c. 3.

33 V., c. 3.

Limitation of powers of

Parliament of

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
North-Western Territory when united with Canada"; and
"An Act to amend and continue the Act thirty-two and thirty-three
Victoria, chapter three, and to establish and provide for the gov、
ernment of the Province of Manitoba."

shall be and be deemed to have been valid and effectual for all purposes
whatsoever from the date at which they respectively received the assent, in
the Queen's name, of the Governor-General of the said Dominion of
Canada.

6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter the provisions of the Canada to last mentioned Act of the said Parliament in so far as it relates to the legislate for Province of Manitoba or of any other Act hereafter establishing new Proan established vinces 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.

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.

CLXXXII

PARLIAMENT OF CANADA ACT, 1875'

(38 & 39 Victoria, c. 38.)

An Act to remove certain doubts with respect to the powers of the Parliament of Canada, under Section 18 of the British North America Act, 1867.

19th July, 1875.

Whereas by section 18 of The British North America Act, 1867 it is provided as follows:-"The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof."

And whereas doubts have arisen with regard to the power of defining by an Act of the Parliament of Canada, in pursuance of the said section, the said privileges, powers or immunities; and it is expedient to remove such doubts:

Be it therefore 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. Section 18 of The British North America Act, 1867, is hereby re- Substitution pealed, without prejudice to anything done under that section, and the fol- of new section lowing section shall be substituted for the section so repealed:

for section 18 of 30 and 31

The privileges, immunities, and powers to be held, enjoyed and exer- V., c. 3. cised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof.

Parliament

2. The Act of the Parliament of Canada passed in the thirty-first Confirmation year of the reign of her present Majesty, chapter twenty-four, intituled of Act of An Act to provide for oaths to witnesses being administered in certain of Canada. cases for the purposes of either House of Parliament, shall be deemed to be valid, and to have been valid as from the date at which the royal assent was given thereto by the Governor General of the Dominion of Canada. 3. This Act may be cited as The Parliament of Canada Act, 1875.

During the Pacific Railway scandal, the Canadian Parliamentary Committee could not take evidence on oath, as this right did not belong to the British House of Commons, except in connexion with Private Bills, until 1871. This Act gives the Dominion Parliament power to bring its practice into line with the contemporary practice in the British Parliament.

Short title.

CLXXXIII

LETTERS-PATENT CONSTITUTING THE OFFICE OF GOVERNOR-GENERAL OF THE DOMINION OF CANADA, 18781

[Trans. Canadian Sessional Papers, 1879, No. XIV.]

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India; To all to whom these Presents shall come, Greeting:

Whereas We did, by certain Letters-Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the Twenty-second day of May, 1872, in the Thirty-fifth Year of Our Reign, constitute and appoint Our Right Trusty and Right Wellbeloved Cousin and Councillor, Frederick Temple, Earl of Dufferin, Knight of Our Most Illustrious Order of Saint Patrick, Knight Commander of Our Most Honorable Order of the Bath (now Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George), to be Our Governor-General in and over Our Dominion of Canada for and during Our will and pleasure.

And whereas by the 12th Section of "The British North America Act, 1867," certain powers, authorities, and functions were declared to be vested in the Governor-General, and whereas We are desirous of making effectual and permanent provision for the office of Governor-General in and over Our said Dominion of Canada, without making new Letters-Patent on each demise of the said Office.

Now know ye that We have revoked and determined, and by these presents do revoke and determine, the said recited Letters-Patent of the Twenty-second day of May, 1872, and every clause, article and thing therein contained:

And further know ye that We, of our special grace, certain knowledge, and mere motion, have thought fit to constitute, order, and declare, and do by these presents constitute, order, and declare that there shall be a Governor-General (hereinafter called Our said Governor-General) in and over Our Dominion of Canada (hereinafter called Our said Dominion), and that the person who shall fill the said Office of the Governor-General shall be from time to time appointed by Commission under our Sign-Manual and Signet. And we do hereby authorize and command Our said GovernorGeneral to do and execute, in due manner, all things that shall belong to his said command, and to the trust We have reposed in him, according to the several powers and authorities granted or appointed him by virtue of "The British North America Act, 1867," and of these present LettersPatent, and of such Commission as may be issued to him under Our SignManual and Signet, and according to such Instructions as may from time to time be given to him, under Our Sign-Manual and Signet, or by our Order in Our Privy Council, or by us through one of Our Principal Sec

1 Various changes have taken place in the position of the Governor-General. From the year 1867 to 1878, his Instructions forbade him to give his assent to any bill (a) for divorce, (b) for granting land or money or gratuity to himself, (c) for making paper or any other currency legal tender, (d) for imposing differential duties, (e) con trary to Treaty obligations, (f) interfering with the discipline or control of the naval or military forces of the Crown in Canada, (g) interfering with the Royal Prerogative, or the rights and property of British subjects outside of Canada, or with the trade and shipping of the United Kingdom and its dependencies, (h) containing provisions to which the Royal assent has already been refused or which have been disallowed. Acting on these Instructions, twenty-one Bills were reserved. In 1877, after the Hon. Edward Blake, Minister of Justice, had visited England, the practice of enumerating the titles to be reserved was discontinued, a suspending clause being inserted in Acts which would otherwise require the Governor-General's reservation. (Canadian Sessional Papers, 1877, No. XIII.) In addition, during Lord Dufferin's tenure of office difficulties arose over the prerogative of pardon, and Lord Dufferin exercised it without the advice of his Ministers. During his visit to England, Mr. Blake arranged for a change, which is embodied in the Instructions printed below (No. CLXXXIV). In 1878 the office of Governor-General of the Dominion of Canada was instituted on a permanent basis by Letters Patent. (See Todd, Parliamentary Govern ment in the Colonies.)

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