Electoral districts. The British North America Act, 1867. 70. The Legislative Assembly of Ontario shall be composed of Eighty-two Members, to be elected to represent the Eightytwo Electoral Districts set forth in the First Schedule to this Act. Vacancies. Questions as to 2.-QUEBEC. 71. There shall be a Legislature for Quebec consisting of the Lieutenant Governor and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec. 72. The Legislative Council of Quebec shall be composed of Twenty-four Members, to be appointed by the Lieutenant Governor in the Queen's Name, by Instrument under the Great Seal of Quebec, one being appointed to represent each of the Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act. 73. The Qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec. 74. The Place of a Legislative Councillor of Quebec shall become vacant in the Cases, mutatis mutandis, in which the Place of Senator becomes vacant. 75. When a Vacancy happens in the Legislative Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy. 76. If any Question arises respecting the Qualification of a Vacancies, c. Legislative Councillor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council. Speaker of Quorum of 77. The Lieutenant Governor may from Time to Time, by Instrument under the Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his Stead. 78. Until the Legislature of Quebec otherwise provides, the Presence of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers. The British North America Act, 1867. 79. Questions arising in the Legislative Council of Quebec Voting in shall be decided by a Majority of Voices, and the Speaker shall in Legislative all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the negative. Council. SO. The Legislative Assembly of Quebec shall be composed Constitution of of Sixty-five Members, to be elected to represent the Sixty-five Legislative Electoral Divisions or Districts of Lower Canada in this Act Assembly of Quebec. referred to, subject to Alteration thereof by the Legistature of Quebec Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed. 3.-ONTARIO AND QUEBEC. 81. The Legislatures of Ontario and Quebec respectively First Session of shall be called together not later than Six Months after the Legislatures. Union. Assemblies. 82. The Lieutenant Governor of Ontario and of Quebec Summoning of shall from Time to Time, in the Queen's Name, by Instrument Legislative under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province. holders of 83. Until the Legislature of Ontario or of Quebec otherwise Restriction on provides, a Person accepting or holding in Ontario or in election of Quebec any Office, Commission, or Employment permanent or offices. temporary, at the Nomination of the Lieutenant Governor, to which an annual Salary, or any Fee, Allowance, Emolument, or profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a Member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office. Continuance of tion Laws. The British North America Act, 1867. 84. Until the Legislatures of Ontario and Quebec respecexisting elec- tively otherwise provide, all Laws which at the Union are in force in those Provinces respectively, relative to the follow. ing Matters, or any of them, namely,--the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections, may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the issuing and Execution of new Writs in case of Seats vacated otherwise than by Dissolution, shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec. Duration of Yearly Session Provided that until the Legislature of Ontario otherwise. provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote. 85. Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for Four Years from the Day of the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer. 86. There shall be a session of the Legislature of Ontario of Legislature. and of that of Quebec once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Province in one Session and its first Sitting in the next Session. Speaker, Constitutions 87. The following Provisions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of the Speaker, the absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly. 4.-NOVA SCOTIA AND NEW BRUNSWICK. 88. The Constitution of the Legislature of each of the of Legislatures Provinces of Nova Scotia and New Brunswick shall, subject to the The British North America Act, 1867. Brunswick. the Provisions of this Act, continue as it exists at the Union of Nova Scotia until altered under the Authority of this Act; and the House and New of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the Period for which it was elected. 5.-ONTARIO, QUEBEC, AND NOVA SCOTIA. 89. Each of the Lieutenant Governors of Ontario, Quebec, First Elections. and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District. 6.-THE FOUR PROVINCES. provisions res 90. The following Provisions of this Act respecting the Application to Parliament of Canada, namely, the Provisions relating to Legislatures of Appropriation and Tax Bills, the Recommendation of Money pecting money Votes, the Assent to Bills, the Disallowance of Acts, and the votes, &c. Signification of Pleasure on Bills reserved,-shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada. VI. DISTRIBUTION OF LEGISLATIVE POWERS. Powers of the Parliament. Parliament of 91. It shall be lawful for the Queen, by and with the Legislative Advice and Consent of the Senate and House of Commons, to Authority of make Laws for the Peace, Order, and good Government of Canada. Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say: The British North America Act, 1867. 3. The raising of Money by any Mode or System of Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal Service. 6. The Census and Statistics. 7. Militia, Military and Naval Service, and Defence. 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10. Navigation and Shipping. 11. Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country or between Two Provinces. 14. Currency and Coinage. 15. Banking, Incorporation of Banks, and the Issue of Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills of Exchange and Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24. Indians, and Lands reserved for the Indians. |