retaries of State, and to such Laws as are or shall hereafter be in force in Our said Dominion. II. And We do hereby authorize and empower Our said GovernorGeneral to keep and use the Great Seal of Our said Dominion for sealing all things whatsoever that shall pass the said Great Seal. III. And We do further authorize and empower Our said GovernorGeneral to constitute and appoint, in Our name and on Our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary Officers and Ministers of Our Said Dominion, as may be lawfully constituted or appointed by Us. IV. And We do further authorize and empower Our said GovernorGeneral, so far as we lawfully may, upon sufficient cause to him appearing, to remove from his office, or to suspend from the exercise of the same, any person exercising any office within Our said Dominion, under or by virtue of any Commission or Warrant granted, or which may be granted, by Us in Our name or under Our authority. V. And We do further authorize and empower Our said GovernorGeneral to exercise all powers lawfully belonging to us in respect of the summoning, proroguing, or dissolving the Parliament of Our said Dominion. VI. And whereas by "The British North America Act, 1867," it is amongst other things enacted, that it shall be lawful for Us, if We think fit, to authorize the Governor-General of Our Dominion of Canada to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Our said Dominion, and in that capacity to exercise, during the pleasure of Our Said Governor-General, such of the powers, authorities, and functions of Our said Governor-General as he may deem it necessary or expedient to assign to such Deputy or Deputies, subject to any limitations or directions from time to time expressed or given by Us: Now We do hereby authorize and empower Our said Governor-General, subject to such limitations and directions as aforesaid, to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Our said Dominion of Canada, and in that capacity to exercise, during his pleasure, such of his powers, functions, and authorities, as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our said Governor-General in person. VII. And We do hereby declare Our pleasure to be that, in the event of the death, incapacity, removal, or absence of Our said GovernorGeneral out of Our said Dominion, all and every the powers and authorities herein granted to him shall, until Our further pleasure is signified therein, be vested in such person as may be appointed by Us under Our Sign-Manual and Signet to be Our Lieutenant-Governor of Our said Dominion; or if there shall be no such Lieutenant-Governor in Our said Dominion, then in such person or persons as may be appointed by Us under Our Sign-Manual and Signet to administer the Government of the same; and in case there shall be no person or persons within Our said Dominion so appointed by Us, then in the Senior Officer for the time being in command of Our regular troops in Our said Dominion: Provided that no such powers or authorities shall vest in such Lieutenant-Governor, or such other person or persons, until he or they shall have taken the oaths appointed to be taken by the Governor-General of Our said Dominion, and in the manner provided by the Instructions accompanying these Our Letters-Patent. VIII. And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all other the inhabitants of Our said Dominion, to be obedient, aiding and assisting unto Our said GovernorGeneral, or, in the event of his death, incapacity, or absence, to such person or persons as may from time to time, under the provisions of these Our Letters-Patent, administer the Government of Our said Dominion. IX. And We do hereby reserve to Ourselves, Our heirs and succes sors, full power and authority from time to time to revoke, alter or amend these Our Letters-Patent, as to Us or them shall seem meet. X. And We do further direct and enjoin that these Our LettersPatent shall be read and proclaimed at such place or places as Our said Governor-General shall think fit within Our said Dominion of Canada. In Witness whereof We have caused these Our Letters to be made Patent, Witness Ourself at Westminster, the Fifth day of October, in the Forty-second Year of Our Reign. By Warrant under the Queen's Sign-Manual. CLXXXIV C. ROMILLY. INSTRUCTIONS TO THE GOVERNOR-GENERAL OF THE DOMINION OF CANADA, 1878 [Trans. Canadian Sessional Papers, 1879, No. XIV.] Dated 5th October, 1878. Victoria R. Instructions to Our Governor-General in and over Our Dominion of Canada, or, in his absence, to Our Lieutenant-Governor or the Officer for the time being administering the Government of Our said Dominion. Given at Our Court at Balmoral, this Fifth day of October, 1878, in the Forty-second year of Our Reign. Whereas by certain Letters-Patent bearing even date herewith, We have constituted, ordered, and declared that there shall be a GovernorGeneral (hereinafter called Our said Governor-General) in and over Our Dominion of Canada (hereinafter called Our said Dominion), and We have thereby authorized and commanded Our said Governor-General 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 said 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 Secretaries of State, and to such Laws as are or shall hereafter be in force in Our said Dominion: Now, therefore, We do, by these, Our Instructions under Our SignManual and Signet, declare Our pleasure to be that Our said GovernorGeneral for the time being shall, with all due solemnity, cause Our Commission, under Our Sign-Manual and Signet, appointing Our said Governor-General for the time being, to be read and published in the presence of the Chief Justice for the time being, or other Judge of the Supreme Court of Our said Dominion, and of the members of the Privy Council in Our said Dominion: And We do further declare Our pleasure to be that Our said GovernorGeneral, and every other officer appointed to administer the Government of Our said Dominion, shall take the Oath of Allegiance in the form provided by an Act passed in the Session holden in the thirty-first and thirtysecond years of Our Reign, intituled: "An Act to Amend the Law relating to Promisory Oaths;" and likewise that he or they shall take the usual Oath for the due execution of the Office of Our Governor-General in and over Our said Dominion, and for the due and impartial administration of justice; which Oaths the said Chief Justice for the time being, of Our said Dominion, or, in his absence, or in the event of his being otherwise incapacitated, any Judge of the Supreme Court of Our said Dominion shall, and he is hereby required to tender and administer unto him or them. II. And We do authorize and require Our said Governor-General from time to time, by himself or by any other person to be authorized by him in that behalf, to administer to all and to every persons or person as he shall think fit, who shall hold any office or place of trust or profit in Our said Dominion, the said Oath of Allegiance, together with such other Oath or Oaths as may from time to time, be prescribed by any Laws or Statutes in that behalf made and provided. III. And We do require Our said Governor-General to communicate forthwith to the Privy Council for Our said Dominion these Our Instructions, and likewise all such others from time to time as he shall find convenient for Our service to be imparted to them. IV. Our said Governor-General is to take care that all laws assented to by him in Our name, or reserved for the signification of Our Pleasure thereon, shall, when transmitted by him, be fairly abstracted in the margins, and be accompanied, in such cases as may seem to him necessary, with such explanatory observations as may be required to exhibit the reasons and occasions for proposing such Laws; and he shall also transmit fair copies of the Journals and Minutes of the proceedings of the Parliament of Our said Dominion, which he is to require from the clerks, or other proper officers in that behalf, of the said Parliament. V. And We do further authorize and empower Our said GovernorGeneral, as he shall see occasion, in Our name and on Our behalf, when any crime has been committed for which the offender may be tried within Our said Dominion, to grant a pardon to any accomplice not being the actual perpetrator of such crime, who shall give such information as shall lead to the conviction of the principal offender; and further, to grant to any offender convicted of any crime in any Court, or before any Judge, Justice, or Magistrate, within Our said Dominion, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such period as to Our said GovernorGeneral may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to Us. Provided always, that Our said Governor-General shall not in any case, except where the offence has been of a political nature, make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself from Our said Dominion. And We do hereby direct and enjoin that Our said Governor-General shall not pardon or reprieve any such offender without first receiving in capital cases the advice of the Privy Council for Our said Dominion, and in other cases the advice of one, at least, of his Ministers; and in any case in which such pardon or reprieve might directly affect the interest of Our Empire, or of any country or place beyond the jurisdiction of the Government of Our said Dominion, Our said GovernorGeneral shall, before deciding as to either pardon or reprieve, take those interests specially into his own personal consideration in conjunction with such advice as aforesaid. VI. And whereas great prejudice may happen to Our service and to the security of Our said Dominion by the absence of Our said GovernorGeneral, he shall not, upon any pretence whatever, quit Our said Dominion without having first obtained leave from Us for so doing under Our SignManual and Signet, or through one of Our Principal Secretaries_of_State. V. R. CLXXXV THE BRITISH NORTH AMERICA ACT, 1886 An Act respecting the Representation in the Parliament of Canada of 25th June, 1886. Whereas it is expedient to empower the Parliament of Canada to provide for the representation in the Senate and House of Commons of Provision by Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any Province: 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 the present Parliament assembled, and by the authority of the same, as follows: 1. The Parliament of Canada may from time to time make provision of Canada for for the representation in the Senate and House of Commons of Canada, representation or in either of them, of any territories which for the time being form part of territories. of the Dominion of Canada, but are not included in any Province thereof. Effect of 2. Any Act passed by the Parliament of Canada before the passing Acts of of this Act for the purpose mentioned in this Act, shall, if not disallowed Parliament by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor-General of Canada. of Canada. 34 & 35 V., c. 28. It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purpose mentioned 30 & 31 V. c. 3. in this Act, or in The British North America Act, 1871', has effect, notwithstanding anything in The British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of Members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories of Canada. Short title and construction. 30 & 31 V. c. 3 3. This Act may be cited as The British North America Act, 1886. This Act, and The British North America Act, 1867, and The British North America Act, 1871, shall be construed together, and may be cited together as The British North America Acts, 1867 to 1886. Preamble. Short title. Province of Alberta formed; its boundaries. CLXXXVI THE ALBERTA ACT (4-5 Edward VII., c. 3.) An Act to establish and provide for the Government of the Province of [Assented to July 20th, 1905.] Whereas in and by the British North America Act, 18713, being chapter 28 of the Acts of the Parliament of the United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish new provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any province thereof, and may ,at the 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 of Canada; And whereas it is expedient to establish as a province the territory hereinafter described, and to make provision for the government thereof, and the representation thereof, in the Parliament of Canada: Therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as the Alberta Act. 2. The territory comprised within the following boundaries, that is to say, commencing at the intersection of the international boundary dividing Canada from the United States of America by the fourth meridian in the system of Dominion lands surveys; thence westerly along the said inter1 No. CLXXXI. 2 No. CLXXXI. national boundary to the eastery boundary of the Province of British Columbia; thence northerly along the said eastern boundary of the Province of British Columbia to the north east corner of the said province; thence easterly along the parallel of the sixtieth degree of north latitude to the fourth meridian in the system of Dominion lands surveys, as the same may be hereafter defined in accordance with the said system; thence southerly along the said fourth meridian to the point of commencement, is hereby established as a province of the Dominion of Canada, to be called and known as the Province of Alberta. to apply. 3. The provisions of the British North America Acts, 1867 to 1886', B. N. A. Acts shall apply to the Province of Alberta in the same way and to the like 1867-1886, extent as they apply to the provinces heretofore comprised in the Dominion, as if the said Province of Alberta had been one of the provinces originally united, except in so far as varied by this Act, and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces. tion in the 4. The said province shall be represented in the Senate of Canada by Representafour members; provided that such representation may, after the completion Senate. of the next decennial census, be from time to time increased to six by the Parliament of Canada. 5. The said province and the Province of Saskatchewan shall, until Representa tion in the the termination of the Parliament of Canada, existing at the time of the House of first readjustment hereinafter provided for, continue to be represented in Commons. the House of Commons as provided by chapter 60 of the Statutes of 1903, each of the electoral districts defined in that part of the schedule to the said Act which relates to the North-West Territories, whether such district is wholly in one of the said provinces, or partly in one or partly in the other of them, being represented by one member. census. 6. Upon the completion of the next quinquennial census for the said Re-adjustment province, the representation thereof shall forthwith be readjusted by the after next Parliament of Canada, in such manner that there shall be assigned to the quinquennial said province such a number of members as will bear the same proportion to the number of its population ascertained at such quinquennial census as the number sixty-five bears to the number of the population of Quebec as ascertained at the then last quinquennial census; and in the computation of numbers of members for the said province a fractional part not exceeding one-half of the whole number requisite for entitling the province to a member shall be disregarded, and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole number, and such readjustment shall take effect upon the termination of the parliament then existing. 2. The representation of the said province shall thereafter be read- Subsequent justed from time to time according to the provisions of section 51 of the readjustments. British North America Act, 1867. members of 7. Until the Parliament of Canada otherwise provides the qualifica- Election of tions of voters for the election of members of the House of Commons and House of the proceedings at and in connection with elections of such members shall, Commons. mutatis mutandis, be those prescribed by law at the time this Act comes into force with respect to such elections in the North-West Territories. Executive 8. The Executive Council of the said province shall be composed of Council. such persons, under such designations, as the Lieutenant Governor from time to time thinks fit. 9. Unless and until the Lieutenant Governor in Council of the said Seat of Government. province otherwise directs by proclamation under the Great Seal, the seat of Government of the said province shall be at Edmonton. Lieutenant 10. All powers, authorities, and functions which under any law were Powers of before the coming into force of this Act vested in or exercisable by the Governor Lieutenant Governor of the North-west Territories, with the advice, or and Council. with the advice and consent of the Executive Council thereof, or in conjunction with that Council or with any member or members thereof, or by 1 See No. CLXXXV, Section 3. |