Ontario: Revised Statutes 1914 British North America Act, 1867 Ontario Statutes published in Appendix B are Imperial Statutes and Statutes of Canada relating to the Constitution and Boundaries of Ontario. © Queen's Printer for Ontario, 1914 Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rso Bibliographic Citation The British North America Act, 1867 (UK), 30-31 Victoria, c 3 and Amendments Thereto Repository Citation Ontario (1914) "British North America Act, 1867," Ontario: Revised Statutes: Vol. 1914: Iss. 3, Article 7. Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1914/iss3/7 This Appendix is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario: Revised Statutes by an authorized administrator of Osgoode Digital Commons. (APPENDIX n) B.N.A. ACT, 1 67. XI APPENDIX B. CERTAJN IMPERIAL STATUTES AD STA'rUTE OF CANADA RELATING TO THE CO STITUTION AND BOUNDARIES OF ONTARIO. Imperial Act 30-31 Victoria, Chapter 3 and amendments tbereto. An Act for the Union of Canada, ova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected there" ith. [29th llfarch, 1867.] HEREAS the Provinces of Canad~, Nova Scotia, and W New Brunswick, have expre sed their desire to be federally united into one Dominion under the Grown of the United Kingdom of Great Britain and Ireland, 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 i expedient, not only that the Constitu­ tion 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 orth America: Be it therefore enacted and declared by the Queen's most Excellent l\:Iajesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this pre ent Parliament assembled, and by the authorit.y of the same, as follows: I.-PRELIMINARY. 1. This Act may be cited as The Br·it1'sh N 01'/ h America Shorllhle. Act, 1867. 2. The provisions of this Act referring to Her 2\JaJ'c ty the APPI11Cl\1t1OI1 . prov, OU8 Queen cxtend also to the bClrs and $llcce ors of ITer :Majesty referring to Kings and Queens of the United Kingdom of GrC?at Britn.i~ the Queen; and Ireland. XII (Al'l'E~DLX U) B,S.•\, ACT, 1867, U.-UNJON. Otd....UOll bJ' • prOl'llUJlIUon .~, It shall be lawful for the Queen, by and with the advice ~~~~~:'J'~va of Her Majest.y's Most llonollrable Privy Council, to deelare '1::~IaB~~~. by Pr~clamation that .on and after a day therein appointed, wlck.lnlO Qne not bemg more than SIX months after the passin.... of this Act Dominion h I' . .'" Ul1d&rlll.llleof t e rOVlnces of Cannda, No\'tl. Scotia, and New Drunswick Canadl. shall form and be one Dominion under the Dame of Canad&; nnd on and after that d:IY thosc three Provinces shall form and bc one Dominion under tbat naDle accordingly, CODllU\lllCe­ me"lol,ub­ 4-. The subsequent provisions of this Act shall, unless it is R<lll&nl pro­ yuloUll of Act. othen\ise cxpressed or implied, commence and have effect on iI.Dlngo! and after the Union, that is to say, on and alter the day ap­ Clt.llld.. In pointed for the Union taking effect in the Queen's Proclama­ IUch pmyil· 10115. tion; and in the same proyisions, nnless it is otherwise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act. 5, Canada shall be divided into four Provinces, named Ontnrio, Quebec, Nova Scotia, Rnd New Drnnswick. [Canada 110W also illcll/des the P,'ovi,lces 01 Manitoba, Bri­ tish Columbia, Prince Edward lslallrl, Alberta a1ld Saskalche­ 1r'o", Q1ld the 1'11kon l'cl'I'iloNJ alld the Nortll-lVcst Territories.] 6. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada ahall be deemed to be severed, and shall form two separate Provinces. I'he part whieh formerly constituted the Province of Upper Canada shall constitute the Province of Ontario and the part which formerly constituted the Province of 1..IO\\'el' Canada shall constitute the Province of Quebec. t'rorlnces or ,,"o,·.. !lrolln 7. The Provinces of Nova Scotia and New Brunswick shall lI.nd Ne.. have thc same limits as nt the passing of this Act. IJluau,lel<. l'opulll.llon 8. In the general ccnsus of the population of Canada which of I'mrlnoe_ IQ bedft;. is hereby required to be taken in the year one thousand eight lillrullhed In u«elllll,,1 hundred and sevent:y-one, and in every tenth year thereafter, Censt\!.. the respeetive popnlntions of the four Provinces shall be dis­ ting-nished. Ilr.-ExECUTlvE POWER. 1!:scellllvt H. The E~ecllth'e Govcrnmcnt nnd tll1thority of and over l'ow~r 10 ~Oll·. • d . lln,,~ v~W'(l i" C:lIl:lda III hereby declared to contmuc :lnd be vesfe lD the 1h~ QOe<ln, Queen. Appilalion uf provloto". 10. The prOVISIOns of this Act referring to the Governor 'ererrlng 10 General cxtend and npply to the Governor General for the GO"ernOl' OeuulIl. time bein~ of Canada, or other the Chief Exeeuth-e Officer or Administrator, for the time being carrying on the Govern- (APPENDIX B) B. '.A. "\ T, 1867. XIII ment of Canada on behalf and in the name of the Queen, by whatever title he is designated, . 'd d d' . th G Con8lllulloll of 11. There shall be a CouncIl to III an a vIse lD e ov- PrlvC; Council crnment of Canada, to be styled the Queen's Privy Council for aoada. for Canada; and the persons who are to be members of that 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 remoyed by the Governor General. 12. All powers, authorities, and functions which und I' any All power,; Act 0 ftear h P Ilament' 0 f Great B"ntalD, or 0 f the ParI'lament beunderexercisedActa to of the United Kingdom of Great Britain and Ireland, or of g~~e~g~~b the Legislature of Upper Canada, Lower Canada, Canada, advlee of NSova cotla,·or New Brunsmc, . kare at t h e Unwn . vest edIn ' or Privyor alone.Counell. exercisable by the respective Governors or Lieutenant Gover- nors of those Provinces, with the advice, or with the 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 Lieutenant Gover- nors individually, shall, as far as the same continue in exist- ence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable 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 Governor General individually, -as the case requires, subject neverthe- less (except with respect to such as exist under Acts of tIle 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. 13. The provisions of this Act referring to the Governor Appl\ic1alion of Genera 1 In·COUnCl'1 shall b e construe d as ref'errIng to the referringprov a ODSto Governor General acting by and with the advice of tIle g~~~~rrn Queen's Privy Council for Canada. Connell. 14. It shall be lawful for the Queen, if Her :Majesty Powcr to Her thinks fit, to' authorize the Governor General from time to ~~~~~rz~o time to appoint any person or any persons jointly or severally 3~~:~r~o to be his IJ)eputy or Deputies within any part or parts of nppoin~ Canada, and in that capacity to exercise during the pleasure lJepuliCB. of the Governor General such of the powers, authorities, and functions 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 give~ 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. 15. The Command-in-Chief of the Land nnd :;.Javal Uilitia 'ommalld oj and of all Naval and Military Forces, of and in Canada i~ ~~~~lif~~~et"o hereby declared to continue and be vested in the Queen' bChC vQc ted In , c neen. XI \' (API'ENDLX D) D.N..... ACT, 1867. se.t ol o ... ~· en,mem"f 16. Until the Queen otherwise directs the seat of Govern­ call"da. ment of Canada shall be Ottawa. IV.-LEOISLATIVE POWER. (;(I1I.lltutloll of l'uUallulIIl 17. There shall be one Parliament for Canada, consisting 01 (:r,IIIWII., of the Queen, an Upper House, styled the Senate, and the House of Commons. [Section 18 u:as repealed by Imperial Act 38 and 39 Viet: e 38, and the following section substituted therefor.