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British North America Act 1867

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  1. Introductory Text

  2. I.— PRELIMINARY

    1. 1. Short title.

    2. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  3. II.— UNION

    1. 3. Declaration of union.

    2. 4. Construction of subsequent provisions of Act.

    3. 5. Four provinces.

    4. 6. Provinces of Ontario and Quebec.

    5. 7. Provinces of Nova Scotia and New Brunswick.

    6. 8. Decennial Census.

  4. III.— EXECUTIVE POWER

    1. 9. Declaration of Executive power in the Queen.

    2. 10. Application of provisions referring to Governor General.

    3. 11. Constitution of Privy Council for Canada.

    4. 12. All powers under Acts to be exercised by Governor General with advice of Privy Council, or alone.

    5. 13. Application of provisions referring to Governor General in Council.

    6. 14. Power to Her Majesty to authorise Governor General to appoint deputies.

    7. 15. Command of armed forces to continue to be vested in the Queen.

    8. 16. Seat of government of Canada.

  5. IV.— LEGISLATIVE POWER

    1. 17. Constitution of Parliament of Canada.

    2. 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 19. First session of the Parliament of Canada.

    4. 20. Yearly session of the Parliament of Canada.

    5. The Senate

      1. 21. Number of senators.

    6. 22. Representation of provinces in Senate.

    7. 23. Qualifications of senator.

    8. 24. Summons of senator.

    9. 25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. 26. Addition of senators in certain cases.

    11. 27. Reduction of Senate to normal number.

    12. 28. Maximum number of senators.

    13. 29. Tenure of place in Senate.

    14. 30. Resignation of place in Senate.

    15. 31. Disqualification of senators.

    16. 32. Summons on vacancy in senate.

    17. 33. Questions as to qualifications and vacancies in Senate.

    18. 34. Appointment of Speaker of Senate.

    19. 35. Quorum of Senate.

    20. 36. Voting in Senate.

    21. The House of Commons

      1. 37. Constitution of House of Commons in Canada.

      2. 38. Summoning of House of Commons.

      3. 39. Senators not to sit in House of Commons.

      4. 40. Electoral districts of the four provinces.

      5. 1.— ONTARIO

        1. Ontario shall be divided into the counties, ridings of counties,...

      6. 2.—QUEBEC

        1. Quebec shall be divided into sixty-five electoral districts, composed of...

      7. 3.—NOVA SCOTIA

        1. Each of the eighteen counties of Nova Scotia shall be...

      8. 4.—NEW BRUNSWIC

        1. Each of the fourteen counties into which New Brunswick is...

        2. 41. Continuance of existing election laws until Parliament of Canada otherwise provides.

        3. 42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 44. As to election of Speaker of House of Commons.

        6. 45. As to filling up vacancy in office of Speaker.

        7. 46. Speaker to preside.

        8. 47. Provision in case of absence of Speaker.

        9. 48. Quorum of House of Commons.

        10. 49. Voting in House of Commons.

        11. 50. Duration of House of Commons.

        12. 51. Decennial readjustment of representation.

        13. 51A.Notwithstanding anything in this Act, a province shall always be...

        14. 52. Increase of number of House of Commons.

    22. Money Votes; Royal Assent

      1. 53. Appropriation and tax Bills.

      2. 54. Recommendation of money votes.

      3. 55. Royal assent to Bills, &c.

      4. 56. Disallowance by Order in Council of Act assented to by Governor General.

      5. 57. Signification of Queen’s pleasure on Bill reserved.

  6. V.— PROVINCIAL CONSTITUTION

    1. Executive Power

      1. 58. Appointment of Lieutenant Governors of provinces.

      2. 59. Tenure of office of Lieutenant Governor.

      3. 60. Salaries of Lieutenant Governors.

      4. 61. Oaths, &c. of Lieutenant Governor.

      5. 62. Application of provisions referring to Lieutenant Governor.

      6. 63. Appointment of executive officers for Ontario and Quebec.

      7. 64. Executive Government of Nova Scotia and New Brunswick.

      8. 65. Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice, or alone.

      9. 66. Application of provisions referring to Lieutenant Governor in Council.

      10. 67. Administration in absence, &c. of Lieutenant Governor.

      11. 68. Seats of provincial governments.

    2. Legislative Power

      1. 1.—ONTARIO

        1. 69. Legislature for Ontario.

        2. 70. Electoral districts.

      2. 2.—QUBEC

        1. 71. Legislature for Quebec.

        2. 72. Constitution of Legislative Council.

        3. 73. Qualification of legislative councillors.

        4. 74. Resignation, disqualification, &c.

        5. 75. Vacancies.

        6. 76. Questions as to vacancies, &c.

        7. 77. Speaker of Legislative Council.

        8. 78. Quorum of Legislative Council.

        9. 79. Voting in Legislative Council.

        10. 80. Constitution of Legislative Assembly of Quebec.

      3. 3.—ONTARIO AND QUEBEC

        1. 81.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 82. Summoning of Legislative Assemblies.

        3. 83. Restriction on election of holders of offices.

        4. 84. Continuance of existing election laws.

        5. 85. Duration of Legislative Assemblies.

        6. 86. Yearly session of Legislatures.

        7. 87. Speaker, quorum, &c.

      4. 4.—NOVA SCOTIA AND NEW BRUNSWICK

        1. 88. Constitutions of Legislatures of Nova Scotia and New Brunswick.

        2. 89.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 6.—THE FOUR PROVINCES

        1. 90. Application to Legislatures of provisions respecting money votes, &c.

  7. VI.— DISRIBUTION OF LEGISLATIVE POWERS

    1. Powers of the Parliament

      1. 91. Legislative authority of Parliament of Canada.

    2. Exclusive Powers of Provincial Legislatures

      1. 92. Subjects of exclusive provincial legislation.

    3. Education

      1. 93. Legislation respecting education.

    4. Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick

      1. 94. Legislation for uniformity of laws in the three provinces.

      2. 94A. Legislation respecting old age pensions and supplementary benefits.

    5. Agriculture and Immigration

      1. 95. Concurrent powers of legislation respecting agriculture, &c.

  8. VII.— JUDICATURE

    1. 96. Appointment of judges.

    2. 97. Selection of judges in Ontario, &c.

    3. 98. Selection of judges in Quebec.

    4. 99. Tenure of office of judges.

    5. 100. Salaries, &c. of judges.

    6. 101. General Court of Appeal, &c.

  9. VIII.— REVENUES; DEBTS; ASSETS; TAXATION

    1. 102. Creation of Consolidated Revenue Fund.

    2. 103. Expenses of collection, &c.

    3. 104. Interest of provincial public debts.

    4. 105. Salary of Governor General.

    5. 106. Appropriation from time to time.

    6. 107. Transfer of stocks, &c.

    7. 108. Transfer of property in schedule.

    8. 109. Property in lands, mines, &c.

    9. 110. Assets connected with provincial debts.

    10. 111. Canada to be liable to provincial debts.

    11. 112. Debts of Ontario and Quebec.

    12. 113. Assets of Ontario and Quebec.

    13. 114. Debt of Nova Scotia.

    14. 115. Debt of New Brunswick.

    15. 116. Payment of interest to Nova Scotia and New Brunswick.

    16. 117. Provincial public property.

    17. 118.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    18. 119. Further grant to New Brunswick.

    19. 120. Form of payments.

    20. 121. Canadian manufactures, &c.

    21. 122. Continuance of Customs and Excise laws.

    22. 123. Exportation and importation as between two provinces.

    23. 124. Lumber dues in New Brunswick.

    24. 125. Exemption of public lands, &c.

    25. 126. Provincial Consolidated Revenue Fund.

  10. IX.— MISCELLANEOUS PROVISIONS

    1. General

      1. 127.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 128. Oaths of allegiance, &c.

      3. 129. Continuance of existing laws, courts, officers, &c.

      4. 130. Transfer of officers to Canada.

      5. 131. Appointment of new officers.

      6. 132. Treaty obligations.

      7. 133. Use of English and French languages.

    2. Ontario and Quebec

      1. 134. Appointment of executive officers for Ontario and Quebec.

      2. 135. Powers, duties, &c. of executive officers.

      3. 136. Great Seals.

      4. 137. Construction of temporary Acts.

      5. 138. As to errors in names.

      6. 139. As to issue of proclamations before union, to commence after union.

      7. 140. As to issue of proclamations after union.

      8. 141. Penitentiary.

      9. 142. Arbitration respecting debts, &c.

      10. 143. Division of records.

      11. 144. Constitution of townships in Quebec.

      12. 145.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  11. XI.— ADMISSION OF OTHER COLONIES

    1. 146. Power to admit Newfoundland, &c. into the union.

    2. 147. As to representation of Newfoundland and Prince Edward Island in Senate.

  12. SCHEDULES

    1. The First Schedule

      Electoral Districts of Ontario

      1. A. Existing Electoral Divisions

      2. B. New Electoral Divisions

        1. 44. The provisional judicial district of Algoma.

        2. The county of Bruce, divided into two ridings, to be...

        3. The county of Huron, divided into two ridings, to be...

        4. The county of Middlesex, divided into ridings, to be called...

        5. [The East Riding to consist of the townships now embraced...

        6. The county of Grey, divided into two ridings, to be...

        7. The county of Perth, divided into two ridings, to be...

        8. The county of Wellington, divided into three ridings, to be...

        9. The county of Norfolk, divided into two ridings, to be...

        10. The county of Simcoe, divided into two ridings to be...

        11. The county of Victoria, divided into two ridings, to be...

        12. The county of Peterborough, divided into two ridings, to be...

        13. The county of Hastings, divided into three ridings, to be...

        14. The county of Renfrew, divided into two ridings, to be...

        15. Every town and incorporated village existing at the union, not...

    2. The Second Schedule

      Electoral Districts of Quebec specially fixed

    3. The Third Schedule

      Provincial Public Works and Property to be the Property of Canada

      1. 1.Canals, with lands and water power connected therewith.

      2. 2.Public harbours.

      3. 3.Lighthouses and piers, and Sable Island.

      4. 4.Steamboats, dredges, and public vessels.

      5. 5.Rivers and lake improvements.

      6. 6.Railways and railway stocks, mortgages, and other debts due by...

      7. 7.Military roads.

      8. 8.Custom houses, post offices, and all other public buildings, except...

      9. 9.Property transferred by the Imperial Government, and known as Ordnance...

      10. 10.Armouries, drill sheds, military clothing, and munitions of war, and...

    4. The Fourth Schedule

      Assets to be the Property of Ontario and Quebec conjointly

      1. Upper Canada Building Fund.

      2. Lunatic asylums.

      3. Normal School.

      4. Court houses

      5. in

      6. Aylmer, Lower Canada.

      7. Montreal,

      8. Kamouraska,

      9. Law Society, Upper Canada.

      10. Montreal Turnpike Trust.

      11. University Permanent Fund.

      12. Royal Institution.

      13. Consolidated Municipal Loan Fund, Upper Canada.

      14. Consolidated Municipal Loan Fund, Lower Canada.

      15. Agricultural Society, Upper Canada.

      16. Lower Canada Legislative Grant.

      17. Quebec Fire Loan.

      18. Tamisconata Advance Account.

      19. Quebec Turnpike Trust.

      20. Education—East.

      21. Building and Jury Fund, Lower Canada.

      22. Municipalities Fund.

      23. Lower Canada Superior Education Income Fund.

    5. The Fifth Schedule

      1. Oath of Allegiance

        1. I, A.B., do swear, that I will be faithful and...

        2. Note.—The name of the King or Queen of the United...

      2. Declaration of Qualification

        1. I, A.B., do declare and testify, that I am by...

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