For i 55. ANNO REGNI VICTORIE, BRITANNIARUM REGINE, TRICESIMO ET TRICESIMO-PRIMO. AT a Parliament begun and holden, at Westminster, the first day of February, Anno Domini, 1866, in the twenty-ninth year of the Reign of Our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and from thence continued by several Prorogations to the Fifth day of February, 1867. Being the SECOND Session of the NINETEENTH Parliament of the United Kingdom of Great Britain and Ireland. PRINTED BY MALCOLM CAMERON, ANNO TRICESIMO ET TRICESIMO-PRIMO VICTORIA REGINE. CAP. III. An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith. [29th March 1867.] WHEREAS the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution 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 Authority of Parliament it is expedient, not only that the Constitution 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 North America: Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: I. PRELIMINARY. 1. This Act may be cited as The British North America Short Title. Act, 1867. Application of ferring to the Declaration of Construction of Four Provinces. Provinces of Provinces of Decennial Declaration of Executive Power in the Queen. The British North America Act, 1867. 2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. II.—UNION. 3. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honorable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than Six Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly. 4. The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen's Proclamation; and in the same Provisions, unless 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 Ontario, Quebec, Nova Scotia, and New Brunswick. 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 shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. 7. The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act. 8. In the general Census of the Population of Canada which is hereby required to be taken in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished. III-EXECUTIVE POWER. 9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. The British North America Act, 1867. ferring to Go 10. The Provisions of this Act referring to the Governor Application of General extend and apply to the Governor General for the Time Provisions rebeing of Canada, or other the Chief Executive Officer or Admi- vernor General. nistrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated. for Canada. 11. There shall be a Council to aid and advise in the Constitution of Government of Canada, to be styled the Queen's Privy Council Privy Council 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 removed by the Governor General. under Acts to 12. All Powers, Authorities, and Functions which under All Powers any Act of the Parliament of Great Britain, or of the Parliament be exercised by of the United Kingdom of Great Britain and Ireland, or of the Governor GeLegislature of Upper Canada, Lower Canada, Canada, Nova neral with Scotia, or New Brunswick, are at the Union vested in or exer- Council or ciseable by the respective Governors or Lieutenant Governors alone. 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 Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable 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 nevertheless (except with respect to such as exist under Acts of the 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 Application of General in Council shall be construed as referring to the Provisions referring to GoGovernor General acting by and with the Advice of the Queen's vernor General Privy Council for Canada. in Council. thorize Go 14. It shall be lawful for the Queen, if Her Majesty thinks Power to Her fit, to authorize the Governor General from Time to Time Majesty to auto appoint any Person or any Persons jointly or severally vernor Geto be his Deputy or Deputies within any Part or Parts of neral to appoint Deputies. Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems |