Great Seal. Legislature. Legislative Election of members of Assembly. Writs for first election. Laws, Courts, and officers continued. Proviso. the said Lieutenant Governor individually shall, so far as they are being capable of being exercised after the coming into force of this Act in relation to the government of the said province, be vested in and shall or may be exercised by the Lieutenant Governor of the said province, with the advice or with the advice and consent of, or in conjunction with the Executive Council of the said province, or any member or members thereof, or by the Lieutenant Governor individually, as the case requires, subject nevertheless to be abolished or altered by the Legislature of the said province. 11. The Lieutenant Governor in Council shall, as soon as may be after this Act comes into force, adopt and provide a Great Seal of the said province, and may, from time to time, change such seal. 12. There shall be a legislature for the said province consisting of the Lieutenant Governor and one House to be styled the Legislative Assembly of Alberta. 13. Until the said Legislature otherwise provides, the Legislative Assembly shall be composed of twenty-five members to be elected to represent the electoral divisions defined in the schedule to this Act. 14. Until the said legislative otherwise determines all the provisions of the law with regard to the constitution of the Legislative Assembly of the North-west Territories and the election of members thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the election of members thereof respectively. 15. The writs for the elections of the members of the first Legislative Assembly of the said province shall be issued by the Lieutenant Governor and made returnable within six months after this Act comes into force. 16. All laws and all orders and regulations made thereunder, so far as they are not inconsistent with anything contained in this Act, or as to which this Act contains no provision intended as a substitute therefor, and all courts of civil and criminal jurisdiction and all commissions, powers, authorities, and functions, and all officers and functionaries, judicial, administrative, and ministerial, existing immediately before the coming into force of this Act in the territory hereby established as the province of Alberta, shall continue in the said province as if this Act and the Saskatchewan Act had not been passed; subject, nevertheless, except with respect to such as are enacted by or existing 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 said province, according to the authority of the Parliament or of the said Legislature: Provided that all powers, authorities and functions which, under any law, order or regulation were, before the coming into force of this Act, vested in or exercisable by any public officer or functionary of the North-west Territories shall be vested in and exercisable in and for the said province by like public officers and functionaries of the said province when appointed by competent Province may authority. abolish Su2. The legislature of the province may, for all purposes affecting or preme Court extending to the said province, abolish the Supreme Court of the Northwest Territories and the officers, both judicial and ministerial, thereof, and the jurisdiction, powers and authority belonging or incident to the said court: provided that, if, upon such abolition, the legislature constitutes a superior court of criminal jurisdiction, the procedure in criminal matters then obtaining in respect of the Supreme Court of the North-west Territories shall, until otherwise provided by competent authority, continue to apply to such superior court, and that the Governor in Council may at any time and from time to time declare all or any part of such procedure to be inapplicable to such superior court. of N. W. T. Proviso. As to certain corporations in Ń. W. T. 3. All societies or associations incorporated by or under the authority of the legislature of the North-west Territories existing at the time of the coming into force of this Act which include within their objects the regulation of the practice or the right to practice any profession or trade in the North-west Territories, such as the legal or the medical profession, den tistry, pharmaceutical chemistry and the like, shall continue, subject, however, to be dissolved and abolished by order of the Governor in Council, and each of such societies shall have power to arrange for and effect the payment of its debts and liabilities and the division, disposition or transfer of its property. Stock 4. Every joint-stock company lawfully incorporated by or under the As to Joint authority of any ordinance of the North-west Territories shall be subject Companies. to the legislative authority of the province of Alberta if (a) The head office or the registered office of such company is at the time of the coming into force of this Act situate in the province of Alberta; and (b) The powers and objects of this company are such as might be conferred by the Legislature of the said province and not expressly authorized to be executed in any part of the North-west Territories beyond the limits of the said province. 17. Section 93 of the British North America Act, 1867, shall apply Education. to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph: "(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinance of the North-west Territories passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said Ordinances." 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. 3. Where the expression "by law" is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression "at the union" is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force. Subsidy to 18. The following amounts shall be allowed as an annual subsidy. to the province of Alberta and shall be paid by the Government of Canada, province. by half-yearly instalments in advance, to the said province, that is to say: (a) for the support of the Government and Legislature, fifty thousand For Gov. dollars; ernment. (b) On an estimated population of two hundred and fifty thousand, In proportion at eighty cents per head, two hundred thousand dollars subject to be in- to population. creased as hereinafter mentioned, that is to say: a census of the said province shall be taken in every fifth year, reckoning from the general census of one thousand nine hundred and one, and an approximate estimate of the population shall be made at equal intervals of time between each quinquennial and decennial census; and whenever the population by any such census or estimate exceeds two hundred and fifty thousand, which shall be the minimum on which the said allowance shall be calculated, the amount of the said allowance shall be increased accordingly and so on until the population has reached eight hundred thousand souls. ment to 19. Inasmuch as the said province is not in debt, it shall be entitled Annual payto be paid and to receive from the Government of Canada by half-yearly province. payments in advance an annual sum of four hundred and five thousand three hundred and seventy-five dollars, being the equivalent of interest at the rate of five per cent. per annum on the sum of eight million one hundred and seven thousand five hundred dollars. to province. 20. Inasmuch as the said province will not have the public land as a Compensation source of revenue, there shall be paid by Canada to the province by half-for public yearly payments in advance an annual sum based upon the population of lands. the province as from time to time ascertained by the quinquennial census thereof, as follows: Further com. pensation. Property in lands, etc. Division of assets and tween Saskatchewan and Alberta. The population of the said province being assumed to be at present two hundred and fifty thousand the sum payable until such population reaches four hundred thousand shall be three hundred and seventy-five thousand dollars; Thereafter until such population reaches eight hundred thousand, the sum payable shall be five hundred and sixty-two thousand five hundred dollars; Thereafter until such population reaches one million two hundred thousand the sum payable shall be seven hundred and fifty thousand dollars. And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 2. As an additional allowance in lieu of public lands, there shall be paid by Canada to the province annually by half-yearly payments, in advance, for five years, from the time this Act comes into force, to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven hundred and fifty dollars. 21. All Crown lands, mines and minerals, and royalties incident thereto, and the interest of the Crown in the waters within the province under the North-west Irrigation Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North-west Territories. 22. All properties and assets of the North-west Territories shall be liabilities be divided equally between the said province and the province of Saskatch ewan, and the two provinces shall be jointly and equally responsible for all debts and liabilities of the North-west Territories: provided that, if any difference arises as to the division and adjustment of such properties, assets, debts, and liabilities, such difference shall be referred to the arbitrament of three arbitrators one of whom shall be chosen by the Lieutenant Governor in Council of each province, and the third by the Governor in Council. The selection of such arbitrators shall not be made until the Legislatures of the provinces have met, and the arbitrator chosen by Canada shall not be resident of either province. Arbitration. Rights of Provision as to C.P.R. Co. Commencement of Act. 23. Nothing in this Act shall in any way prejudice or affect the rights or properties of the Hudson's Bay Company as contained in the conditions under which that Company surrendered Rupert's Land to the Crown. 24. The powers hereby granted to the said province shall be exercised subject to the provisions of section 16 of the contract set forth in the schedule to chapter 1 of the statutes of 1881, being an Act respecting the Canadian Pacific Railway Company. 25. This Act shall come into force on the first day of September, one thousand nine hundred and five. Schedule (not printed.) CLXXXVII THE BRITISH NORTH AMERICA ACT, 1907 (7 Edward VII., c. 11.) An Act to make further provision with respect to the sums to be paid by [9th August, 1907.] Whereas an address has been presented to His Majesty by the Senate and Commons of Canada in the terms set forth in the schedule to this Act Be it therefore anacted by the King'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. (1) The following grants shall be made yearly by Canada to every Payments to be made by province, which at the commencement of this Act is a province of the Canada to Dominion, for its local purposes and the support of its Government and provinces. Legislature: (a) A fixed grant— Where the population of the province is under one hundred and fifty Where the population of the province is one hundred and fifty Where the population of the province is two hundred thousand, but Where the population of the province is four hundred thousand, but Where the population of the province is eight hundred thousand, Where the population of the province exceeds one million five (2) An additional grant of one hundred thousand dollars shall be made yearly to the province of British Columbia for a period of ten years from the commencement of this Act. (3) The population of a province shall be ascertained from time to time in the case of the provinces of Manitoba, Saskatchewan, and Alberta respectively by the last quinquennial census of statutory estimate of popu lation made under the Acts establishing those provinces or any other Act of the Parliament of Canada making provision for the purpose, and in the case of any other province by the last decennial census for the time being. (4) The grants payable under this Act shall be paid half-yearly in advance to each province. (5) The grants payable under this Act shall be substituted for the grants or subsidies (in this Act referred to as existing grants) payable for the like purposes at the commencement of this Act to the several provinces of the Dominion under the provisions of section one hundred and eighteen of the British North America Act, 1867, or of any Order in Council establishing a province, or of any Act of the Parliament of Canada containing directions for the payment of any such grant or subsidy, and those provisions shall cease to have effect. (6) The Government of Canada shall have the same power of deducting sums charged against a province on account of the interest on public debt in the case of the grant payable under this Act to the province as they have in the case of the existing grant. (7) Nothing in this Act shall affect the obligation of the Government of Canada to pay to any province any grant which is payable to that province, other than the existing grant for which the grant under this Act is substituted. (8) In the case of the provinces of British Columbia and Prince Edward Island, the amount paid on account of the grant payable per head of the population to the provinces under this Act shall not at any time be less than the amount of the corresponding grant payable at the commencement of this Act; and if it is found on any decennial census that the population of the province has decreased since the last decennial census, the Short title and interpretation. Alteration of 49 and 50 Vict., c. 35. amount paid on account of the grant shall not be decreased below the amount then payable, notwithstanding the decrease of the population. 2. This Act may be cited as the British North America Act, 1907, and shall take effect as from the first day of July nineteen hundred and seven. CLXXXVIII THE BRITISH NORTH AMERICA ACT, 1915. (5 & 6 George V, c. 45.) (19th May, 1915.) Be it enacted by the King'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.-(1) Notwithstanding anything in the British North America Act, 1867, or in any Act amending the same, or in any Order in Council or terms or conditions of union made or approved under the said Acts or in any Act of the Canadian Parliament (i) The number of senators provided for under section twenty-one of (ii) The Divisions of Canada in relation to the constitution of the no more: (v) The number of senators shall not at any time exceed one hundred and four: (vi) The representation in the Senate to which by section one hundred and forty-seven of the British North America Act, 1867, Newfoundland would be entitled, in case of its admission to the Union is increased from four to six members, and in case of the admission of Newfoundland into the Union, notwithstanding anything in the said Act or in this Act, the normal number of senators shall be one hundred and two, and their maximum number one hundred and ten: (vii) Nothing herein contained shall affect the powers of the Canadian Parliament under the British North America Act, 1886. |