British North America Acts
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BRITISH NORTH AMERICA ACTS 1867-1919 TOGETHER WITH OTHER" IMPERIAL STATUTES RELATING TO CANADA; IMPERIAL ORDERS IN COUNCIL ADMITTING RUPERT'S LAND, BRITISH COLUMBIA, AND PRINCE EDWARD ISLAND, RESPECTIVELY, INTO THE UNION; THE MANITOBA, ALBERTA', SASKATCHEWAN, NORTHWEST TERRITORIES AND YUKON ACTS (CANADA) WITH VARIOUS AMENDING ACTS; AND OTHER CANADIAN STATUTES RELATING TO PROVINCIAL SUBSIDIES AND TO THE BOUNDARIES OF THE PROVINCES DOWN TO 1912. OTTAWA J. DE 1ABROQTJERIE TACHE PRINTER TO THE KING'S MOST EXCELLENT MAJESTT 6 1919 69557—1 243 TABLE OF CONTENTS. PAGE. British North Anirica Act, 1867. 1 - 3 5 Canada Eaihvay Loan Act, 1867 3 7 - 3 9 Rupert's Land Act, 1868 1 1 - 4 3 Manitoba Act (Canada), 1870 : . 45-52 Order in Council (23rd June, 1870) admitting Rrq ert's Land and the Northwestern territory into the Union 53— 73 Order in Council annexing all British Possessions in North America, except Newfoundland, to Canada 74 Order in Council (16th Hay, 1871) admitting British Columbia into the Union 7 5 - 8 3 British North America Act, 1871 8 5 - 8 6 Order in Council (26th June, 1S7.3) admitting Prince Edward Island into the Union ^ 87- 94 Parliament of Canada Act, 1875 95— 96 Canada Copyright Act, 1875 97-106 British North America Act, 1886 107-108 Canada (Ontario Boundary) Act, 1889 109-112 British Columbia (Loan)" Act, 1892 113-115 Canadian Speaker (Appointment of Deputy) Act, 1S95 117 Manitoba Debt Account Act (Canada), 1898 119-120 Act to provide for advances to the Government of the Northwest Territories (Canada), 1903 121 Alberta Act (Canada), 1905 123-139 Saskatchewan Act (Canada), 1905 141-156 Provincial Subsidies Act (B.S.C. 1906) 157-161 - Northwest Territories Act (R.S.C. 1906) 163-185 Act to amend the Criminal Code 186 Yukon Act (E.S.C. 1906) 187-208 Northwest Territories Amendment Act (Canada), 1907 209-210 Act to amend the Yukon Act (Canada), 1907 211 British North America Act (Provincial Subsidies), 1907 213-216 Act to amend Northwest Territories Act (Canada), 1908 217-218 Act to amend Yukon Act (Canada), 1908 219-222 Act to amend Yukon Act (Canada), 1909 223 Manitoba Boundaries Extension Act (Canada), 1912 225-229 Ontario Boundaries Extension Act (Canada), 1912 231-232 Prince Edward Island Subsidy Act (Canada), 1912 233 Quebec Boundaries Extension Act (Canada), 1912 235-237 Act to amend the Yukon Act (Canada), 1912 239-242 Act to amend the British North America Act, 1867 243-244 Act to amend the British North America Act, 1867 ' . 245 Act to amend the Yukon Act 247 Act to amend the Yukon Act 249 143345 THE BRITISH NORTH AMERICA ACT, 1867. 80 VICTORIA, CHAPTER 3. An Act for the Union of Canada, Nova Scotia, and # New Brunswick, and the Government thereof; and for Purposes connected therewith. [29to March, 1867.] TIT HERE AS the Provinces of Canada, Nova Scotia, and } y New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Iceland, with a Consti- tution similar in Principle to that of the United Kingdom: And whereas such a Union would conduce to the "Welfare of the Provinces and promote the Interests of the British Empire: And whereas on the Establishment of the Union by Author- ity of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared: '• And whereas it is expedient that Provision be made for the , eventual admission into the Union of other Parts of British > North America: Be it therefore enacted and declared 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: I.—PRKLIMISABY. 1. This Act may be cited as The British North America ghort Etle> Act, 1867. 2 . The Provisions of this Act referring to Her Majesty the Application Queen extend also to the Heirs and Successors of Her Majesty, of Provisions Kings and Queens of the United Kingdom of Great Britain the^QSeen! 0 and Ireland. II.—TTsiosr. 3 . It shall be lawful for the Queen, by and with the Advice Declaration of Her Majesty's Most Honourable Privy Council, to deelare «f Union, by Proclamation that, on and after a Day therein appointed, • not R.S., 1906. 2 British North America Act, 1867. not being more than Six Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion nnder the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly. Ccmstmc- 4, The "subsequent Provisions of this Act shall, unless it is subsequent otherwise expressed or implied, commence and have effect on of°Aet nS an< ^ a ^ e r the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen's Procla- mation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act. Four Pro- 5 . Canada shall be divided into Four Provinces, named vmces. Ontario, Quebec, Nova Scotia, and New Brunswick. Provinces of g. The Parts of the Province of Canada (as it exists at the Ontario and . P i . • \ i • i i« i • 1 • i Quebec. passing oi this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The Part which formerly constituted the Province of Upper • Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. No7a in seotia f *• T h e Provinces of Nova Scotia and New Brunswick shall and New have the same Limits as at the passing of this Act. Brunswick. Decennial § . In the general Census of the Population of Canada which is hereby required to be taken in the Tear One thousand eight hundred and seventy-one, and in every Tenth Tear thereafter, the respective Populations of the Four Provinces shall be dis- tinguished. III.—EXECUTIVE POWES. Decbxation 9 , Th e Executive Government and Authority of and over Power in the Canada is hereby declared to continue and be vested in the Queen. Queen. Application jJ 0 0 -j^g Provisions of this Act referring to the Governor of Provisions „ # referring to GeneralG e n e r a extend and apply to the Governor General for the Time Governor being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by what- ever Title he is designated. Constitution 1 1 , There shall be a Council to aid and advise in the CoraiSFfor Government of Canada, to be styled the Queen's Privy Couneil Canada. f 0r Canada; and the Persons who are to be Members of that Couneil R.S., 1906. British North America Act, 1867. 3 Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General. 1 2 . All Powers, Authorities, and Functions which under All Powers any Act of the Parliament of Great Britain, or of the Parlia- ? nd £r Aota ment of the United Kingdom of Great Britain and Ireland, or rased by of the Legislature of Upper Canada, Lower Canada, Canada, <|°™™° r Nova Scotia, or New Brunswict, are at the Union vested in with advice or exerciseable by the respective Governors or Lieutenant Gounod or Governors of those Provinces, with the Advice, or with the alone. Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieut- enant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exer- ciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Members thereof, or by the Gov- ernor General individually, as the Case requires, subject never- theless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. 1 3 . The Provisions of this Act referring to the Governor Application General in Council shall be construed as referring to the of Provisions Governor General acting by and with the Advice of the Queen's Governor Privy Council for Canada. General in J Council. 1 4 . It shall be lawful for the Queen, if Her Majesty thinks Power to fit, to authorize the Governor General from Time to Time to ? e r Majesty appoint any Person or any Persons jointly or severally to be Governor his Deputy or Deputies within any Part or Parts of Canada, Gene ral to and in that Capacity to exercise during the Pleasure of the Deputies. Governor General such of the Powers, Authorities, and Func- tions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function.