The British North America Act, 1867 Part 5

Ontario and Quebec.

134. [Appointment of executive officers for Ontario and Quebec.] Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant Governors of Ontario and Quebec may each appoint under the Great Seal of the Province the following Officers, to hold Office during Pleasure, that is to say,--the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the Case of Quebec the Solicitor General, and may, by Order of the Lieutenant Governor in Council, from Time to Time prescribe the Duties of those Officers and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof; and may also appoint other and additional Officers to hold Office during Pleasure, and may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof.

135. [Powers, duties, &c., of Executive officers.] Until the Legislature of Ontario or Quebec otherwise provides, all Rights, Powers, Duties, Functions, Responsibilities, or Authorities at the pa.s.sing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver General, by any Law, Statute or Ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer to be appointed by the Lieutenant Governor for the Discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the Duties and Functions of the Office of Minister of Agriculture at the pa.s.sing of this Act imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works.

136. [Great Seals.] Until altered by the Lieutenant Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same Design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada.

137. [Construction of temporary Acts.] The Words "and from thence to the End of the then next ensuing Session of the Legislature," or Words to the same Effect, used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada if the Subject Matter of the Act is within the Powers of the same, as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively, if the Subject Matter of the Act is within the Powers of the same as defined by this Act.

138. [As to Errors in Names.] From and after the Union the Use of the Words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of "Quebec," in any Deed, Writ, Process, Pleading, Doc.u.ment, Matter, or Thing, shall not invalidate the same.

139. [As to Issue of Proclamations before Union, to commence after Union.] Any Proclamation under the Great Seal of the Province of Canada issued before the Union to take effect at a Time which is subsequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several Matters and Things therein proclaimed shall be and continue of like Force and Effect as if the Union had not been made.

140. [As to Issue of Proclamations after Union.] Any Proclamation which is authorized by any Act of the Legislature of the Province of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Quebec, as its Subject Matter requires, under the Great Seal thereof; and from and after the Issue of such Proclamation the same and the several Matters and Things therein proclaimed shall be and continue of the like Force and Effect in Ontario or Quebec as if the Union had not been made.

141. [Penitentiary.] The Penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec.

142. [Arbitration respecting Debts, &c.] The Division and Adjustment of the Debts, Credits, Liabilities, Properties, and a.s.sets of Upper Canada and Lower Canada shall be referred to the Arbitrament of Three Arbitrators, One chosen by the Government of Ontario, One by the Government of Quebec, and One by the Government of Canada; and the Selection of the Arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the Arbitrator chosen by the Government of Canada shall not be a Resident either in Ontario or in Quebec.

143. [Division of Records.] The Governor General in Council may from Time to Time order that such and so many of the Records, Books, and Doc.u.ments of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the Property of that Province; and any Copy thereof or Extract therefrom, duly certified by the Officer having charge of the Original thereof, shall be admitted as Evidence.

144. [Const.i.tution of Towns.h.i.+ps in Quebec.] The Lieutenant Governor of Quebec may from Time to Time, by Proclamation under the Great Seal of the Province, to take effect from a Day to be appointed therein, const.i.tute Towns.h.i.+ps in those Parts of the Province of Quebec in which Towns.h.i.+ps are not then already const.i.tuted, and fix the Metes and Bounds thereof.

X.--INTERCOLONIAL RAILWAY.

145. [Duty of Government and Parliament of Canada to make Railway herein described.] Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a Declaration that the Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North America, and to the a.s.sent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Provision should be made for its immediate Construction by the Government of Canada: Therefore, in order to give effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the Commencement within Six Months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the Construction thereof without Intermission, and the Completion thereof with all practicable Speed.

XI.--ADMISSION OF OTHER COLONIES.

146. [Power to admit Newfoundland, &c., into the Union.] It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland.

147. [As to Representation of Newfoundland and Prince Edward Island in Senate.] In case of the Admission of Newfoundland and Prince Edward Island, or either of them, each shall be ent.i.tled to a Representation in the Senate of Canada of Four Members, and (notwithstanding anything in this Act) in case of the Admission of Newfoundland the normal Number of Senators shall be Seventy-six and their maximum Number shall be Eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the Three Divisions into which Canada is, in relation to the Const.i.tution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is admitted or not, the Representation of Nova Scotia and New Brunswick in the Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members respectively, and the Representation of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provisions of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen.

SCHEDULES.

THE FIRST SCHEDULE.

Electoral Districts of Ontario.

A. Existing Electoral Divisions.

Counties.

1. Prescott.

2. Glengarry.

3. Stormont.

4. Dundas.

5. Russell.

6. Carleton.

7. Prince Edward.

8. Halton.

9. Ess.e.x.

Ridings of Counties

10. North Riding of Lanark.

11. South Riding of Lanark.

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

13. South Riding of Leeds.

14. South Riding of Grenville.

15. East Riding of Northumberland.

16. West Riding of Northumberland (excepting therefrom the Towns.h.i.+p of South Monaghan).

17. East Riding of Durham.

18. West Riding of Durham.

19. North Riding of Ontario.

20. South Riding of Ontario.

21. East Riding of York.

22. West Riding of York.

23. North Riding of York.

24. North Riding of Wentworth.

25. South Riding of Wentworth.

26. East Riding of Elgin.

27. West Riding of Elgin.

28. North Riding of Waterloo.

29. South Riding of Waterloo.

30. North Riding of Brant.

31. South Riding of Brant.

32. North Riding of Oxford.

33. South Riding of Oxford.

34. East Riding of Middles.e.x.

Cities, Parts of Cities, and Towns.

35. West Toronto.

36. East Toronto.

37. Hamilton 38. Ottawa 39. Kingston 40. London 41. Town of Brockville, with the Towns.h.i.+p of Elizabethtown thereto attached.