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British North America Act 1867

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. I.—Preliminary

    1. Short Title.

      1. 1.This Act may be cited as The British North America...

    2. Application of Provisions referring to the Queen.

      1. 2.The Provisions of this Act referring to Her Majesty the...

  3. II.—Union

    1. Declaration of Union.

      1. 3.It shall be lawful for the Queen, by and with...

    2. Construction of subsequent Provisions of Act.

      1. 4.The subsequent Provisions of this Act shall, unless it is...

    3. Four Provinces.

      1. 5.Canada shall be divided into Four Provinces, named Ontario, Quebec,...

    4. Provinces of Ontario and Quebec.

      1. 6.The Parts of the Province of Canada (as it exists...

    5. Provinces of Nova Scotia and New Brunswick.

      1. 7.The Provinces of Nova Scotia and New Brunswick shall have...

    6. Decennial Census.

      1. 8.In the general Census of the Population of Canada which...

  4. III.— Executive power.

    1. Declaration of Executive Power in the Queen.

      1. 9.The Executive Government and Authority of and over Canada is...

    2. Application of Provisions referring to Governor General.

      1. 10.The Provisions of this Act referring to the Governor General...

    3. Constitution of Privy-Council for Canada.

      1. 11.There shall be a Council to aid and advise in...

    4. All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone.

      1. 12.All Powers, Authorities, and Functions which under any Act of...

    5. Application of Provisions referring to Governor General in Council.

      1. 13.The Provisions of this Act referring to the Governor General...

    6. Power to Her Majesty to authorize Governor General to appoint Deputies.

      1. 14.It shall be lawful for the Queen, if Her Majesty...

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

      1. 15.The Command-in-Chief of the Land and Naval Militia, and of...

    8. Seat of Government of Canada.

      1. 16.Until the Queen otherwise directs, the Seat of Government of...

  5. IV.—Legislative Power

    1. Constitution of Parliament of Canada.

      1. 17.There shall be One Parliament for Canada, consisting of the...

    2. Privileges, &c, of Houses.

      1. 18.The Privileges, Immunities, and Powers to be held, enjoyed, and...

    3. First Session of the Parliament of Canada.

      1. 19.The Parliament of Canada shall be called together not later...

    4. Yearly Session of the Parliament of Canada.

      1. 20.There shall be a Session of the Parliament of Canada...

  6. The Senate

    1. Number of Senators.

      1. 21.The Senate shall, subject to the Provisions of this Act,...

    2. Representation of Provinces in Senate.

      1. 22.In relation to the Constitution of the Senate Canada shall...

    3. Qualifications of Senator.

      1. 23.The Qualifications of a Senator shall be as follows:

    4. Summons of Senator.

      1. 24.The Governor General shall from Time to Time, in the...

    5. Summons of First Body of Senators.

      1. 25.Such Persons shall be first summoned to the Senate as...

    6. Addition of Senators in certain Cases.

      1. 26.If at any Time on the Recommendation of the Governor...

    7. Reduction of Senate to normal Number.

      1. 27.In case of such Addition being at any Time made,...

    8. Maximum Number of Senators.

      1. 28.The Number of Senators shall not at any Time exceed...

    9. Tenure of Place in Senate.

      1. 29.A Senator shall, subject to the Provisions of this Act,...

    10. Resignation of Place in Senate.

      1. 30.A Senator may by Writing under his Hand addressed to...

    11. Disqualification of Senators.

      1. 31.The Place of a Senator shall become vacant in any...

    12. Summons on Vacancy in Senate.

      1. 32.When a Vacancy happens in the Senate by Resignation, Death,...

    13. Questions as to Qualifications and Vacancies in Senate.

      1. 33.If any Question arises respecting the Qualification of a Senator...

    14. Appointment of Speaker of Senate.

      1. 34.The Governor General may from Time to Time, by Instrument...

    15. Quorum of Senate.

      1. 35.Until the Parliament of Canada otherwise provides, the Presence of...

    16. Voting in Senate.

      1. 36.Questions arising in the Senate shall be decided by a...

  7. The House of Commons

    1. Constitution of House of Commons in Canada.

      1. 37.The House of Commons shall, subject to the Provisions of...

    2. Summoning of House of Commons.

      1. 38.The Governor General shall from Time to Time, in the...

    3. Senators not to sit in House of Commons.

      1. 39.A Senator shall not be capable of being elected sitting...

    4. Electoral Districts of the Four Provinces.

      1. 40.Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova...

  8. 1.—Ontario

  9. 2.—Quebec

  10. 3.—Nova Scotia

  11. 4.—New Brunswick

  12. 41.Continuance of existing Election Laws until Parliament of Canada otherwise provides.

  13. 42.Writs for First Election.

  14. 43.As to Casual Vacancies.

  15. 44.As to Election of Speaker of House of Commons.

  16. 45.As to filling up Vacancy in Office of Speaker.

  17. 46.Speaker to preside.

  18. 47.Provision in case of Absence of Speaker.

  19. 48.Quorum of House of Commons.

  20. 49.Voting in House of Commons.

  21. 50.Duration of House of Commons.

  22. 51.Decennial Re-adjustment of Representation.

  23. 52.Increase of Number of House of Commons.

  24. Money Votes; Royal Assent

    1. Appropriation and Tax Bills.

      1. 53.Bills for appropriating any Part of the Public Revenue, or...

    2. Recommendation of Money Votes.

      1. 54.It shall not be lawful for the House of Commons...

    3. Royal Assent to Bills, &c.

      1. 55.Where a Bill passed by the Houses of the Parliament...

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

      1. 56.Where the Governor General assents to a Bill in the...

    5. Signification of Queen's Pleasure on Bill reserved.

      1. 57.A Bill reserved for the Signification of the Queen's Pleasure...

  25. V.—Provincial Constitutions

    Executive Power

    1. Appointment of Lieutenant Governors of Provinces.

      1. 58.For each Province there shall be an Officer, styled the...

    2. Tenure of Office of Lieutenant Governor.

      1. 59.A Lieutenant Governor shall hold Office during the Pleasure of...

    3. Salaries of Lieutenant Governors.

      1. 60.The Salaries of the Lieutenant Governors shall be fixed and...

    4. Oaths, &c. of Lieutenant Governor.

      1. 61.Every Lieutenant Governor shall, before assuming the Duties of his...

    5. Application of Provisions inferring to Lieutenant Governor.

      1. 62.The Provisions of this Act referring to the Lieutenant Governor...

    6. Appointment of Executive Officers for Ontario and Quebec.

      1. 63.The Executive Council of Ontario and of Quebec shall be...

    7. Executive Government of Nova Scotia and New Brunswick.

      1. 64.The Constitution of the Executive Authority in each of the...

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

      1. 65.All Powers, Authorities, and Functions which under any Act of...

    9. Application of Provisions referring to Lieutenant Governor in Council,

      1. 66.The Provisions of this Act referring to the Lieutenant Governor...

    10. Administration in Absence, &c. of Lieutenant Governor.

      1. 67.The Governor General in Council may from Time to Time...

    11. Seats of Provincial Governments.

      1. 68.Unless and until the Executive Government of any Province otherwise...

  26. Legislative Power

    1.—Ontario

    1. Legislature for Ontario.

      1. 69.There shall be a Legislature for Ontario consisting of the...

    2. Electoral Districts.

      1. 70.The Legislative Assembly of Ontario shall be composed of Eighty-two...

  27. 2.—Quebec

    1. Legislature for Quebec.

      1. 71.There shall be a Legislature for Quebec consisting of the...

    2. Constitution of Legislative Council.

      1. 72.The Legislative Council of Quebec shall be composed of Twenty-four...

    3. Qualification of Legislative Councillors.

      1. 73.The. Qualifications of the Legislative Councillors of Quebec shall be...

    4. Resignation, Disqualification, &c.

      1. 74.The Place of a Legislative Councillor of Quebec shall become...

    5. Vacancies.

      1. 75.When a Vacancy happens in the Legislative Council of Quebec...

    6. Questions as to Vacancies, &c.

      1. 76.If any Question arises respecting the Qualification of a Legislative...

    7. Speaker of Legislative Council.

      1. 77.The Lieutenant Governor may from Time to Time, by Instrument...

    8. Quorum of Legislative Council.

      1. 78.Until the Legislature of Quebec otherwise provides, the Presence of...

    9. Voting in Legislative Council.

      1. 79.Questions arising in the Legislative Council of Quebec shall be...

    10. Constitution of Legislative Assembly of Quebec.

      1. 80.The Legislative Assembly of Quebec shall be composed of Sixty-five...

  28. 3.—Ontario and Quebec

    1. First Session of Legislatures.

      1. 81.The Legislatures of Ontario and Quebec respectively shall be called...

    2. Summoning of Legislative Assemblies.

      1. 82.The Lieutenant Governor of Ontario and of Quebec shall from...

    3. Restriction on Election of Holders of Offices.

      1. 83.Until the Legislature of Ontario or of Quebec otherwise provides,...

    4. Continuance of existing Election Laws.

      1. 84.Until the Legislatures of Ontario and Quebec respectively otherwise provide,...

    5. Duration of Legislative Assemblies.

      1. 85.Every Legislative Assembly of Ontario and every Legislative Assembly of...

    6. Yearly Session of Legislature.

      1. 86.There shall be a Session of the Legislature of Ontario...

    7. Speaker, Quorum, &c.

      1. 87.The following Provisions of this Act respecting the House of...

  29. 4.—Nova Scotia and New Brunswick

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

      1. 88.The Constitution of the Legislature of each of the Provinces...

  30. 5.—Ontario, Quebec, and Nova Scotia

    1. First Elections.

      1. 89.Each of the Lieutenant Governors of Ontario, Quebec, and Nova...

  31. 6.—The Four Provinces

    1. Application to Legislatures of Provisions respecting Money Votes.

      1. 90.The following Provisions of this Act respecting the Parliament of...

  32. VI.—Distribution of Legislative Powers

    Powers of the Parliament

    1. Legislative Authority of Parliament of Canada.

      1. 91.It shall be lawful for the Queen, by and with...

  33. Exclusive Powers of Provincial Legislatures

    1. Subjects of exclusive Provincial Legislation.

      1. 92.In each Province the Legislature may exclusively make Laws in...

  34. Education

    1. Legislation respecting Education.

      1. 93.In and for each Province the Legislature may exclusively make...

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

    1. Legislation for Uniformity of Laws in Three Provinces.

      1. 94.Notwithstanding anything in this Act, the Parliament of Canada may...

  36. Agriculture and Immigration

    1. Concurrent Powers of Legislation respecting Agriculture, &c.

      1. 95.In each Province the Legislature may make Laws in relation...

  37. VII.—Judicature

    1. Appointment of Judges.

      1. 96.The Governor General shall appoint the Judges of the Superior,...

    2. Selection of Judges in Ontario, &c.

      1. 97.Until the Laws relative to Property and Civil Rights in...

    3. Selection of Judges in Quebec.

      1. 98.The Judges of the Courts of Quebec shall be selected...

    4. Tenure of Office of Judges of Superior Courts.

      1. 99.The Judges of the Superior Courts shall hold Office during...

    5. Salaries, &c. of Judges.

      1. 100.The Salaries, Allowances, and Pensions of the Judges of the...

    6. General Court of Appeal, &c.

      1. 101.The Parliament of Canada may, notwithstanding anything in this Act,...

  38. VIII.—Revenues; Debts; Assets; Taxation

    1. Creation of Consolidated Revenue Fund.

      1. 102.All Duties and Revenues over which the respective Legislatures of...

    2. Expenses of Collection, &c.

      1. 103.The Consolidated Revenue Fund of Canada shall he permanently charged...

    3. Interest of Provincial Public Debts.

      1. 104.The annual Interest of the Public Debts of the several...

    4. Salary of Governor General.

      1. 105.Unless altered by the Parliament of Canada, the Salary of...

    5. Appropriation from Time to Time.

      1. 106.Subject to the several Payments by this Act charged on...

    6. Transfer of Stocks, &C.

      1. 107.All Stocks, Cash, Banker's Balances, and Securities for Money belonging...

    7. Transfer of Property in Schedule.

      1. 108.The Public Works and Property of each Province, enumerated in...

    8. Property in Lands, Mines, &c.

      1. 109.All Lands, Mines, Minerals, and Royalties belonging to the several...

    9. Assets connected with Provincial Debts.

      1. 110.All Assets connected with such Portions of the Public Debt...

    10. Canada to be liable to, Provincial Debts.

      1. 111.Canada shall be liable for the Debts and Liabilities of...

    11. Debts of Ontario and Quebec.

      1. 112.Ontario and Quebec conjointly shall be liable to Canada for...

    12. Assets of Ontario and Quebec.

      1. 113.The Assets enumerated in the Fourth Schedule to this Act...

    13. Debt of Nova Scotia.

      1. 114.Nova Scotia shall be liable to Canada for the Amount...

    14. Debt of New Brunswick.

      1. 115.New Brunswick shall be liable to Canada for the Amount...

    15. Payment of Interest to Nova Scotia and New Brunswick.

      1. 116.In case the Public Debts of Nova Scotia and New...

    16. Provincial Public Property.

      1. 117.The several Provinces shall retain all their respective Public Property...

    17. Grants to Provinces.

      1. 118.The following Sums shall be paid yearly by Canada to...

    18. Further Grant to New Brunswick.

      1. 119.New Brunswick shall receive by half-yearly Payments in advance from...

    19. Form of Payments

      1. 120.All Payments to be made under this Act, or in...

    20. Canadian Manufactures, &c.

      1. 121.All Articles of the Growth, Produce, or Manufacture of any...

    21. Continuance of Customs and Excise Laws.

      1. 122.The Customs and Excise Laws of each Province shall, subject...

    22. Exportation and Importation as between Two Provinces.

      1. 123.Where Customs Duties are, at the Union, leviable on any...

    23. Lumber Dues in Now Brunswick.

      1. 124.Nothing in this Act shall affect the Eight of New...

    24. Exemption of Public Lands, &c.

      1. 125.No Lands or Property belonging to Canada or any Province...

    25. Provincial Consolidated Revenue Fund.

      1. 126.Such Portions of the Duties and Revenues over which the...

  39. IX.—Miscellaneous Provisions

    General

    1. As to Legislative Councillors of Provinces becoming Senators.

      1. 127.If any Person being at the passing of this Act...

    2. Oath of Allegiance, &c.

      1. 128.Every Member of the Senate or House of Commons of...

    3. Continuance of existing Laws, Courts, Officers, &c.

      1. 129.Except as otherwise provided by this Act, all Laws in...

    4. Transfer of Officers to Canada.

      1. 130.Until the Parliament of Canada otherwise provides, all Officers of...

    5. Appointment of new Officers.

      1. 131.Until the Parliament of Canada otherwise provides, the Governor General...

    6. Treaty Obligations.

      1. 132.The Parliament and Government of Canada shall have all Powers...

    7. Use of English and French Languages.

      1. 133.Either the English or the French Language may be used...

  40. Ontario and Quebec

    1. Appointment of Executive Officers for Ontario and Quebec.

      1. 134.Until the Legislature of Ontario or of Quebec otherwise provides,...

    2. Powers, Duties, &c. of Executive Officers.

      1. 135.Until the Legislature of Ontario or Quebec otherwise provides, all...

    3. Great Seals.

      1. 136.Until altered by the Lieutenant Governor in Council, the Great...

    4. Construction of temporary Acts.

      1. 137.The Words "and from thence to the End of the...

    5. As to Errors in Names.

      1. 138.From and after the Union the Use of the Words...

    6. As to Issue of Proclamations before Union, to commence after Union.

      1. 139.Any Proclamation under the Great Seal of the Province of...

    7. As to Issue of Proclamations after Union.

      1. 140.Any Proclamation which is authorized by any Act of the...

    8. Penitentiary.

      1. 141.The Penitentiary of the Province of Canada shall, until the...

    9. Arbitration respecting Debts, &c.

      1. 142.The Division and Adjustment of the Debts, Credits, Liabilities, Properties,...

    10. Division of Records.

      1. 143.The Governor General in Council may from Time to Time...

    11. Constitution of Townships in Quebec.

      1. 144.The Lieutenant Governor of Quebec may from Time to Time,...

  41. X.—Intercolonial Railway

    1. Duty of Government and Parliament of Canada to make Railway herein described.

      1. 145.Inasmuch as the Provinces of Canada, Nova Scotia, and New...

  42. XI.—Admission op other Colonies

    1. Power to admit Newfoundland, &c. into the Union.

      1. 146.It shall be lawful for the Queen, by and with...

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

      1. 147.In case of the Admission of Newfoundland and Prince Edward...

    1. THE FIRST SCHEDULE

      1. Electoral Districts of Ontario

        A. Existing Electoral Divisions Counties.

        1. 1.Prescott.

        2. 2.Glengarry.

        3. 3.Stormont.

        4. 4.Dundas.

        5. 5.Russell.

        6. 6.Carleton.

        7. 7.Prince Edward.

        8. 8.Halton.

        9. 9.Essex. Ridings of Counties.

        10. 10.North Riding of Lanark.

        11. 11.South Riding of Lanark.

        12. 12.North Riding of Leeds and North Riding of Grenville.

        13. 13.South Riding of Leeds. 14 South Riding of Grenville.

        14. 15.East Riding of Northumberland.

        15. 16.West Riding of Northumberland (excepting therefrom the Township of South...

        16. 17.East Riding of Durham.

        17. 18.West Riding of Durham.

        18. 19.North Riding of Ontario.

        19. 20.South Riding of Ontario.

        20. 21.East Riding of York.

        21. 22.West Riding of York.

        22. 23.North Riding of York.

        23. 24.North Riding of Wentworth.

        24. 25.South Riding of Wentworth.

        25. 26.East Riding of Elgin.

        26. 27.West Riding of Elgin.

        27. 28.North Riding of Waterloo.

        28. 29.South Riding of Waterloo.

        29. 30.North Riding of Brant.

        30. 31.South Riding of Brant.

        31. 32.North Riding of Oxford.

        32. 33.South Riding of Oxford.

        33. 34.East Riding of Middlesex. Cities, Parts of Cities, and Towns....

        34. 35.West Toronto.

        35. 36.East Toronto.

        36. 37.Hamilton.

        37. 38.Ottawa.

        38. 39.Kingston.

        39. 40.London.

        40. 41.Town of Brockville, with the Township of Elizabethtown thereto attached....

        41. 42.Town of Niagara, with the Township of Niagara thereto attached....

        42. 43.Town of Cornwall, with the Township of Cornwall thereto attached....

      2. B. New Electoral Divisions

        1. 44.The Provisional Judicial District of Algoma. The County of Bruce,...

        2. 45.The North Riding of Bruce to consist of the Townships...

        3. 46.The South Riding of Bruce to consist of the Townships...

        4. 47.The North Riding to consist of the Townships of Ashfield,...

        5. 48.The South Riding to consist of the Town of Goderich...

        6. 49.The North Riding to consist of the Townships of McGillivray...

        7. 50.The West Riding to consist of the Townships of Delaware,...

        8. 51.The County of Lambton to consist of the Townships of...

        9. 52.The County of Kent to consist of the Townships of...

        10. 53.The County of Bothwell to consist of the Townships of...

        11. 54.The South Riding to consist of the Townships of Bentinck,...

        12. 55.The North Riding to consist of the Townships of Collingwood,...

        13. 56.The North Riding to consist of the Townships of Wallace;...

        14. 57.The South Riding to consist of the Townships of Blanchard,...

        15. 58.The North Riding to consist of the Townships of Amaranth,...

        16. 59.The Centre Riding to consist of the Townships of Garafraxa,...

        17. 60.The South Riding to consist of the Town of Guelph,...

        18. 61.The South Riding to consist of the Townships of Charlotteville,...

        19. 62.The North Riding to consist of the Townships of Middleton,...

        20. 63.The County of Haldimand to consist of the Townships of...

        21. 64.The County of Monck to consist of the Townships of...

        22. 65.The County of Lincoln to consist of the Townships of...

        23. 66.The County of Welland to consist of the Townships of...

        24. 67.The County of Peel to consist of the Townships of...

        25. 68.The County of Cardwell to consist of the Townships of...

        26. 69.The South Riding to consist of the Townships of West...

        27. 70.The North Riding to consist of the Townships of Nottawasaga,...

        28. 71.The South Riding to consist of the Townships of Ops,...

        29. 72.The North Riding to consist of the Townships of Anson,...

        30. 73.The West Riding to consist of the Townships of South...

        31. 74.The East Riding to consist of the Townships of Asphodel,...

        32. 75.The West Riding to consist of the Town of Belleville,...

        33. 76.The East Riding to consist of the Townships of Thurlow,...

        34. 77.The North Riding to consist of the Townships of Rawdon,...

        35. 78.The County of Lennox to consist of the Townships of...

        36. 79.The County of Addington to consist of the Townships of...

        37. 80.The County of Frontenac to consist of the Townships of...

        38. 81.The South Riding to consist of the Townships of McNab,...

        39. 82.The North Riding to consist of the Townships of Ross,...

    2. THE SECOND SCHEDULE

      1. Electoral Districts of Quebec specially fixed

    3. THE THIRD SCHEDULE

      1. 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 transferrer, by the Imperial Government, and known as Ordnance...

        10. 10.Armouries, Drill Sheds, Military Clothing, and Munitions of War, and...

    4. THE FOURTH SCHEDULE

      1. Assets to be the Property of Ontario and Quebec conjointly

    5. THE FIFTH SCHEDULE

      Oath of Allegiance

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