Canadian Constitutional Documents               

 

Constitution Act, 1871                                                                     

(The British North America Act, 1871)

34 and 35 Victoria, c. 28

An Act respecting the establishment of Provinces in the Dominion of Canada

[29th June, 1871]

Whereas doubts have been entertained respecting the powers of the Parliament of Canada to 

establish Provinces in territories admitted, or which may hereafter be admitted, into the Dominion of 

Canada, and to provide for the representation of such Provinces in the said Parliament, and it is 

expedient to remove such doubts, and to vest such powers in the said Parliament:

Be it enacted 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:--

1. This Act may be cited for all purposes as "The British North America Act, 1871."

2. The Parliament of Canada may from time to time establish new Provinces in any territories forming

 for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, 

at the time of such establishment, make provision for the constitution and administration of any such 

Province, and for the passing of laws for the peace, order and good government of such province, 

and for its representation in the said Parliament.

3. The Parliament of Canada may from time to time, with the consent of the Legislature of any Province 

of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms

 and conditions as may be agreed upon to by the said Legislature, and may, with the like consent, 

make provision respecting the effect and operation of any such increase or diminution or alteration 

of territory in relation to any Province affected thereby.

4. The Parliament of Canada may from time to time make provision for the administration, peace, 

order and good government of any territory not for the time being included in any Province.

5. The following Acts passed by the said Parliament of Canada, and entitled respectively: "An Act 

for the temporary government of Rupert's Land and the North-Western Territory when united with 

Canada;" and "An Act to amend and continue the Act thirty-two and thirty-three Victoria, chapter

 three, and to establish and provide for the government of the Province of Manitoba." shall be and 

be deemed to have been valid and effectual for all purposes whatsoever from the date at which they 

respectively received the assent, in the Queen's name, of the Governor-General of the said Dominion

 of  Canada.

6. Except as provided for by the third section of this Act, it shall not be competent for the Parliament 

of Canada to alter the provisions of the last mentioned Act of the said Parliament in so far as it relates 

to the Province of Manitoba or any other Act hereafter establishing new Provinces in the said 

Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from 

time to time the provisions of any law respecting the qualification of electors and members of the 

Legislative Assembly, and to make laws respecting elections in said Province.

 

 

 

THE BRITISH NORTH AMERICA ACT, 1871
(34 and 35 Victoria, c. 28)

AN ACT RESPECTING THE ESTABLISHMENT OF PROVINCES IN THE 

DOMINION OF CANADA.

19th June, 1871

Whereas doubts have been entertained respecting the powers of the
Parliament of Canada to establish Provinces in territories admitted,
or which may hereafter be admitted, into the Dominion of Canada, and
to provide for the representation of such Provinces in the said
Parliament, and it is expedient to remove such doubts, and to vest
such powers in the said Parliament:

Be it enacted 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:--

1. This Act may be cited for all purposes as The British North
America Act, 1871.

2. The Parliament of Canada may from time to time establish new
Provinces in any territories forming for the time being part of the
Dominion of Canada, but not included in any Province thereof, and may,
at the time of such establishment, make provision for the constitution
and administration of any such Province, and for the passing of laws
for the peace, order and good government of such province, and for its
representation in the said Parliament.

3. The Parliament of Canada may from time to time, with the
consent of the Legislature of any Province of the said Dominion,
increase, diminish, or otherwise alter the limits of such Province,
upon such terms and conditions as may be agreed upon to by the said
Legislature, and may, with the like consent, make provision respecting
the effect and operation of any such increase or diminution or
alteration of territory in relation to any Province affected thereby.

4. The Parliament of Canada may from time to time make provision
for the administration, peace, order and good government of any
territory not for the time being included in any Province.

5. The following Acts passed by the said Parliament of Canada, and
entitled respectively:

"An Act for the temporary government of Rupert's Land and the
North-Western Territory when united with Canada;" and
"An Act to amend and continue the Act thirty-two and thirty-three
Victoria, chapter three, and to establish and provide for the
government of the Province of Manitoba."

shall be and be deemed to have been valid and effectual for all
purposes whatsoever from the date at which they respectively received
the assent, in the Queen's name, of the Governor-General of the said
Dominion of Canada.

6. Except as provided for by the third section of this Act, it
shall not be competent for the Parliament of Canada to alter the
provisions of the last mentioned Act of the said Parliament in so far
as it relates to the Province of Manitoba or any other Act hereafter
establishing new Provinces in the said Dominion, subject always to the
right of the Legislature of the Province of Manitoba to alter from
time to tie the provisions of any law respecting the qualification of
electors and members of the Legislative Assembly, and to make laws
respecting elections in said Province.

 

 

British Columbia Terms of Union

(Order of Her Majesty in Council admitting British Columbia into the Union)

At the Court at Windsor, the 16th day of May, 1871

PRESENT

The QUEEN'S Most Excellent Majesty

His Royal Highness Prince ARTHUR

Lord Privy Seal

Earl Cowper

Earl of Kimberley

Lord Chamberlain

Mr. Secretary Cardwell

Mr. Ayrton

Whereas by the "Constitution Act, 1867" provision was made for the Union of the Provinces of 

Canada, Nova Scotia and New Brunswick into the Dominion of Canada, and it was 

(amongst other things) enacted that it should 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 of the Legislature of the Colony of British Columbia, to admit that colony into the 

said Union on such terms and conditions as should be in the Addresses expressed, and as the Queen 

should think fit to approve, subject to the provisions of the said Act. And it was further enacted that 

the provisions of any Order in Council in that behalf should have effect as if they had been enacted by 

the Parliament of the United Kingdom of Great Britain and Ireland.

 

And whereas by Addresses from the Houses of the Parliament of Canada and from the Legislative

 Council of British Columbia respectively, of which Addresses copies are contained in the Schedule 

to this Order annexed, Her Majesty was prayed, by and with the advice of Her most Honourable 

Privy Council, under the one hundred and fortysixth section of the hereinbefore recited Act, to 

admit British Columbia into the Dominion of Canada, on the terms and conditions set forth in the 

said Addresses.

 

 

And whereas Her Majesty has thought fit to approve of the said terms and conditions. It is hereby 

ordered and declared by Her Majesty, by and with the advice of Her Privy Council, in pursuance 

and exercise of the powers vested in Her Majesty by the said Act of Parliament, that from and after 

the twentieth day of July, one thousand eight hundred and seventyone, the said Colony of British 

Columbia shall be admitted into and become part of the Dominion of Canada, upon the terms and 

conditions set forth in the hereinbefore recited Addresses. And, in accordance with the terms of the 

said Addresses relating to the electoral districts in British Columbia, for which the first election of 

members to serve in the House of Commons of the said Dominion shall take place, it is hereby further 

ordered and declared that such electoral districts shall be as follows:--

 

    "New Westminster District" and the "Coast District," as defined in a public notice issued from 

    the Lands and Works Office in the said colony on the fifteenth day of December, one thousand

     eight hundred and sixty-nine, by the desire of the Governor, and purporting to be in accordance 

    with the provisions of the thirty-ninth clause of the "Mineral Ordinance, 1869," shall constitute 

    one district, to be designated ' 'New Westminster District," and return one member.

     

    "Caribou District" and "Lillooet District," as specified in the said public notice, shall constitute 

    one district, to be designated "Cariboo District," and return one member.

     

    "Yale District" and "Kootenay District,'' as specified in the said public notice, shall constitute

     one district, to be designated "Yale District," and return one member.

     

    Those portions of Vancouver Island, known as "Victoria District," "Esquimalt District," 

    and ''Metchosin District,'' as defined in the official maps of those districts which are in the 

    Land Office, Victoria, and are designated respectively, ''Victoria District Official Map, 

    1858," "Esquimalt District Official Map, 1858," and "Metchosin District Official Map,

     A.D. 1858," shall constitute one district, to be designated ''Victoria District," and return

     two members.

     

    All the remainder of Vancouver Island, and all such islands adjacent thereto, as were 

    formerly dependencies of the late Colony of Vancouver Island District, shall constitute 

    one district. to be designated "Vancouver Island District," and return one Member.

 

And the Right Honourable Earl of Kimberley, one of Her Majesty's Principal Secretaries of State, 

is to give the necessary directions therein accordingly.

(Signed) ARTHUR HELPS.

SCHEDULE

Address of the Senate of Canada

To the Queen's Excellent Majesty

Most Gracious Sovereign,

We, your Majesty's most dutiful and loyal subjects, the Senate of Canada in Parliament assembled, 

humbly approach your Majesty for the purpose of representing:--

 

That by a despatch from the Governor of British Columbia, dated 23rd January, 1871, with 

other papers laid before this House by message from his Excellency the GovernorGeneral, of the 

27th February last, this House learns that the Legislative Council of that colony, in council assembled, 

adopted, in January last, an Address representing to your Majesty that British Columbia was 

prepared to enter into Union with the Dominion of Canada, upon the terms and conditions mentioned 

in the said Address, which is as follows:--

To the Queen's Most Excellent Majesty

Most Gracious Sovereign,

We, your Majesty's most dutiful and loyal subjects, the Members of the Legislative Council of British

 Columbia in council assembled, humbly approach your Majesty for the purpose of representing:--

 

That, during the last session of the late Legislative Council, the subject of the admission of the Colony 

of British Columbia into the Union or Dominion of Canada was taken into consideration, and a 

resolution on the subject was agreed to, embodying the terms upon which it was proposed that this 

colony should enter the Union;

 

That after the close of the session, Delegates were sent by the Government of this Colony to 

Canada to confer with the Government of the Dominion with respect to the admission or British

 Columbia into the Union upon the terms proposed;

That after considerable discussion by the Delegates with the Members of the Government of the 

Dominion of Canada, the terms and conditions hereinafter specified were adopted by a Committee

 of the Privy Council of Canada, and were by them reported to the Governor-General for his approval;

That such terms were communicated to the Government of this Colony by the Governor-General 

of Canada, in a despatch dated July 7th, 1870, and are as follows:--

1. Canada shall be liable for the debts and liabilities of British Columbia existing at the time 

of the Union.

2. British Columbia not having incurred debts equal to those of the other Provinces now constituting

 the Dominion, shall be entitled to receive, by half-yearly payments, in advance from the General 

Government, interest at the rate of five per cent. per annum on the difference between the actual 

amount of its indebtedness at the date of the Union, and the indebtedness per head of the 

population of Nova Scotia and New Brunswick (27.77 dollars), the population of British Columbia 

being taken at 60,000.

3. The following sums shall be paid by Canada to British Columbia for the support of its 

Government and Legislature, to wit, an annual subsidy of 35,000 dollars, and an annual grant equal 

to 80 cents per head of the said population of 60,000, both half-yearly in advance, such grant of 

80 cents per head to be augmented in proportion to the increase of population, as may be shown

 by each subsequent decennial census, until the population amounts to 400,000, at which rate such 

grant shall thereafter remain, it being understood that the first census be taken in the year 1881.

 

4. The Dominion will provide an efficient mail service, fortnightly, by steam communication between 

Victoria and San Francisco, and twice a week between Victoria and Olympia; he vessels to be 

adapted for the conveyance of freight and passengers

 

5. Canada will assume and defray the charges for the following services:--

 

    A. Salary of the Lieutenant-Governor;
    B. Salaries and allowances of the Judges of the Superior Courts and the County or  District Courts;                               
    C. The charges in respect to the Department of Customs;
    D. The Postal and Telegraphic Services;
    E. Protection and Encouragement of Fisheries;
    F. Provision for the Militia;

    G. Lighthouses, Buoys, and Beacons, Shipwrecked Crews, Quarantine and Marine Hospitals, including a Marine Hospital at Victoria;      

     H. The Geological Survey;

    I. The Penitentiary;

And such further charges as may be incident to and connected with the services which by the 

"British North America Act of 1867" appertain to the General Government, and as are or may 

be allowed to the other Provinces.

6. Suitable pensions, such as shall be approved of by Her Majesty's Government, shall be 

provided by the Government of the Dominion for those of Her Majesty's servants in the Colony 

whose position and emoluments derived therefrom would be affected by political changes on the 

admission of British Columbia into the Dominion of Canada.

7. It is agreed that the existing Customs tariff and Excise duties shall continue in force in British 

Columbia until the railway from the Pacific coast and the system of railways in Canada are connected, 

unless the Legislature of British Columbia should sooner decide to accept the Tariff and Excise Laws 

of Canada. When Customs and Excise duties are, at the time of the union of British Columbia with 

Canada, leviable on any goods, wares, or merchandizes in British Columbia, or in the other Provinces 

of the Dominion, those goods, wares, and merchandizes may, from and after the Union, be imported 

into British Columbia from the Provinces now composing the Dominion, or into either of those 

Provinces from British Columbia, on proof of payment of the Customs or Excise duties leviable 

thereon in the Province of exportation, and on payment of such further amount (if any) of Customs 

or Excise duties as are leviable thereon in the Province of importation. This arrangement to have

 no force or effect after the assimilation of the Tariff and Excise duties of British Columbia with those 

of the Dominion.

8. British Columbia shall be entitled to be represented in the Senate by three members, and by six 

members in the House of Commons. The representation to be increased under the provisions of the 

"British North America Act, 1867"

9. The influence of the Dominion Government will be used to secure the continued maintenance of

 the naval station at Esquimalt.

10. The provisions of the "British North America Act, 1867'' shall (except those parts thereof which 

are in terms made, or by reasonable intendment may be held to be specially applicable to and only 

affect one and not the whole of the Provinces now comprising the Dominion, and except so far as 

the same may be varied by this Minute) be applicable to British Columbia in the same way and to

 the like extent as they apply to the other Provinces of the Dominion, and as if the colony of British

 Columbia had been one of the Provinces originally united by the said Act.

1l. The Government of the Dominion undertake to secure the commencement simultaneously, within

 two years from the date of the Union, of the construction of a railway from the Pacific towards the

 Rocky Mountains, and from such point as may be selected, east of the Rocky Mountains, towards 

the Pacific, to connect the seaboard of British Columbia with the railway system of Canada; and

 further, to secure the completion of such railway within ten years from the date of the Union.

 

And the Government of British Columbia agrees to convey to the Dominion Government, in trust, 

to be appropriated in such manner as the Dominion Government may deem advisable in furtherance 

of the construction of the said railway, a similar extent of public lands along the line of railway 

throughout its entire length in British Columbia, not to exceed, however, twenty (20) miles on each

 side of said line, as may be appropriated for the same purpose by the Dominion Government from

 the public lands in the northwest territories and the Province of Manitoba. Provided that the quantity 

of land which may be held under preemption right or by Crown grant within the limits of the tract of

 land in British Columbia to be so conveyed to the Dominion Government shall be made good to the 

Dominion from contiguous public lands; and provided further, that until the commencement, within 

two years, as aforesaid, from the date of the union, of the construction of the said railway, the 

Government of British Columbia shall not sell or alienate any further portions of the public lands of 

British Columbia in any other way than under right of preemption, requiring actual residence of the 

preemptor on the land claimed by him. In consideration of the land to be so conveyed in aid of the 

construction of the said railway, the Dominion Government agree to pay to British Columbia from

 the date of the Union, the sum of 100,000 dollars per annum, in half-yearly payments in advance.

12. The Dominion Government shall guarantee the interest for ten years from the date of the 

completion of the works, at the rate of five per centum per annum, on such sum, not exceeding 

£100.000 sterling, as may be required for the construction of a first class graving dock at Esquimalt.

13. The charge of the Indians, and the trusteeship and management of the lands reserved for their 

use and benefit, shall be assumed by the Dominion Government and a policy as liberal as that hitherto

 pursued by the British Columbia Government shall be continued by the Dominion Government after the

 Union.

To carry out such policy, tracts of land of such extent as it has hitherto been the practice of the 

British Columbia Government to appropriate for that purpose, shall from time to time be conveyed 

by the Local Government to the Dominion Government in trust for the use and benefit of the Indians 

on application of the Dominion Government; and in case of disagreement between the two 

Governments respecting the quantity of such tracts of land to be so granted, the matter shall be 

referred for the decision of the Secretary of State for the Colonies.

14. The Constitution of the Executive Authority and Or the Legislature of British Columbia 

shall, subject to the provisions of "The British North America Act, 1867", continue as existing 

at the time of the Union until altered under the authority of the said Act, it being at the same time

 understood that the Government of the Dominion will readily consent to the introduction of 

responsible government when desired by the inhabitants of British Columbia, and it being likewise 

understood that it is the intention of the Governor of British Columbia, under the authority of the

 Secretary of State for the Colonies, to amend the existing Constitution of the Legislature by 

providing that a majority of its members shall be elective.

 

The Union shall take effect according to the foregoing terms and conditions on such day as 

Her Majesty by and with the advice of Her Most Honourable Privy Council may appoint 

(on addresses from the Legislature of the Colony of British Columbia and of the Houses of 

Parliament of Canada in the terms of the 146th section of "The British North America Act, 

1867" and British Columbia may in its address specify the electoral districts for which the first

 election of members to serve in the House of Commons shall take place.

 

That such terms have proved generally acceptable to the people of this Colony.

 

That this Council is, therefore, willing to enter into Union with the Dominion of Canada upon 

such terms, and humbly submit that, under the circumstances, it is expedient that the admission 

of this Colony into such Union, as aforesaid, should be affected at as early a date as may be

 found practicable under the provisions of the 146th section of ''The British North America Act, 1867"

 

We, therefore, humbly pray that Your Majesty will be graciously pleased, by and with the advice

 of Your Majesty's Most Honourable Privy Council, under the provisions of the 146th section of 

''The British North America Act, 1867" to admit British Columbia into the Union or Dominion of 

Canada, on the basis of the terms and conditions offered to this Colony by the Government of the 

Dominion of Canada, hereinbefore set forth; and inasmuch as by the said terms British Columbia 

is empowered in its address to specify the electoral districts for which the first election of members

 to serve in the House of Commons shall take place, we humbly pray that such electoral districts 

may be declared, under the Order in Council, to be as follows:--

 

That ''New Westminster District," and the "Coast District", as defined in a public notice issued 

from the Lands and Works Office on the 15th day of December, 1869, by the desire of the 

Governor, and purporting to be in accordance with the provisions of the 39th clause of the 

"Mineral Ordinance,1869," shall constitute one district, to be designated "New Westminster 

District," and return one member.

 

That ''Cariboo District," and "Lillooet District," as specified in the said public notice shall 

constitute one district, to be designated "Cariboo District,'' and return one Member.

That ''Yale District," and "Kootenay District," as specified in the said public notice, shall 

constitute one district, to be designated ''Yale District," and return one Member.

 

That those portions of Vancouver Island known as "Victoria District," ''Esquimalt District,'' 

and "Metchosin District," as defined in the official maps of those districts in the Land Office, 

Victoria, and which maps are designated respectively, ''Victoria District Official Map, 1858," 

"Esquimalt District Official Map,1858," and ''Metchosin District Official Map. 1858." shall 

constitute one district. to be designated ''Victoria District," and return two Members.

 

And that all the remainder of Vancouver Island, and all such islands adjacent thereto as were 

formerly dependencies of the late colony of Vancouver Island District shall constitute one 

district, to be designated "Vancouver Island District," and return one Member.

 

We further humbly represent, that the proposed terms and conditions of Union of British 

Columbia with Canada, as stated in the said Address, are in conformity with those preliminarily 

agreed upon between delegates from British Columbia and the Members of the Government of

 the Dominion of Canada, and embodied in a Report of a Committee of the Privy Council. 

approved by His Excellency the Governor-General in Council. on the 1st July, 1870, which approved Report is as follows:--

Copy of a Report of a Committee of the Honourable the Privy Council, approved by 

His Excellency the Governor-General in Council, on the 1st of July, 1870.

 

The Committee of the Privy Council have had under consideration a Despatch, dated the 7th May, 

1870, from the Governor of British Columbia, together with certain resolutions submitted by the 

Government of that colony to the Legislative Council thereof--both hereunto annexed--on the 

subject of the proposed union of British Columbia with the Dominion of Canada; and after 

several interviews between them and the Honourable Messrs. Trutch, Helmcken, and Carrall, 

the Delegates from British Columbia. and full discussion with them of the various questions 

connected with that important subject, the Committee now respectfully submit for your

 Excellency's approval the following terms and conditions to form the basis of a political union

 between British Columbia and the Dominion of Canada

[Here follow the terms of Union as stated supra, in the Address of the Legislative 

Council of British Columbia]

(Certified) WM. H. LEE,
Clerk Privy Council.

We further humbly represent that we concur in the terms and conditions of Union set forth in the 

said Address, and approved Report of the Committee of the Privy Council above mentioned; 

and most respectfully pray that your Majesty will be graciously pleased, by and with the advice 

of your Majesty's most Honourable Privy Council, under the 146th clause of ''The British North 

America Act, 1867'' to unite British Columbia with the Dominion of Canada, on the terms and 

conditions above set forth.

The Senate, Wednesday, April 5, 1871.

(Signed) JOSEPH CAUCHON, Speaker.

Address of the Commons of Canada

To the Queen's Most Excellent Majesty

Most Gracious Sovereign,

We, your Majesty's most dutiful and loyal subjects, the Commons of Canadian Parliament

 assembled, humbly approach your Majesty for the purpose of representing:--

[The balance of the Address is identical inform with the Address of the Senate and is

 omitted for that reason.]

JAMES COCKBURN, Speaker.

House of Commons,

Saturday, 1st April, 1871.

Address of the Legislative Council of British Columbia

To the Queen's Most Excellent Majesty

Most Gracious Sovereign,

We, your Majesty's most dutiful and loyal subjects, the Members of the Legislative Council of 

British Columbia in Council assembled, humbly approach your Majesty for the purpose of 

representing:--

[The balance of the Address is set forth at length in the Address of the Senate.]

(Signed) PHILIP J. HANKIN, Speaker.

 

 

 

 

 

 

Parliament of Canada Act, 1875

38-39 Victoria, c. 38 (U.K.)

An Act to remove certain doubts with respect to the powers of the Parliament of Canada 

under section eighteen of the Constitution Act, 1867

[19th July, 1875]

Whereas by section eighteen of the Constitution Act, 1867, it is provided as follows: 

"The privileges, immunities, and powers to be held, enjoyed. and exercised by the Senate 

and by the House of Commons, and by the Members thereof respectively, shall be such 

as are from time to time defined by Act of the Parliament of Canada. but so that the same 

shall never exceed those at the passing of this Act held, enjoyed, and exercised by the 

Commons House of Parliament of the United Kingdom of Great Britain and Ireland, 

and by the Members thereof:"

And whereas doubts have arisen with regard to the power of defining by an Act of the 

Parliament of Canada, in pursuance of the said section. the said privileges, powers, 

or immunities: and it is expedient to remove such doubts:

Be it therefore enacted 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:

1. Section eighteen of the Constitution Act, is hereby repealed, without prejudice to Anything 

done under that section, and the following section shall be substituted for the section so repealed.

    "The privileges, immunities, and powers to be held. enjoyed, and exercised by the Senate and

     by the House of Commons, and by the members thereof respectively, shall be such as are from 

    time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament 

    of Canada defining such privileges, immunities, and powers shall not confer any privileges, 

    immunities, or powers exceeding those at the passing of such Act held, enjoyed, and 

    exercised by the Commons House of Parliament of the United Kingdom of Great Britain 

    and Ireland, and by the members thereof."

2. The Act of the Parliament of Canada passed in the thirty-first year of the reign of Her present 

Majesty. chapter twenty-four, intituled "An Act to provide for oaths to witnesses being administered 

in certain cases for the purposes of either House of Parliament.-" shall be deemed to be valid, 

and to have been valid as from the date at which the royal assent was given thereto by the 

Governor-General of the Dominion of Canada.

3. This Act may be cited as the Parliament of Canada Act, 1875.

 

 

 

Adjacent Territories Order   (July 31.1880)

(ORDER OF HER MAJESTY IN COUNCIL ADMITTING ALL BRITISH

 TERRITORIES AND  POSSESSIONS IN NORTH AMERICA AND ISLANDS 

ADJACENT THERETO INTO THE UNION)

At the Court at Osborne House. Isle of Wight, the 31st day of July, 1880

PRESENT

The QUEEN'S Most Excellent Majesty

Lord President

Lord Steward

Lord Chamberlain

Whereas it is expedient that all British Territories and Possessions in North America, 

and the islands adjacent to such Territories and Possessions which are not already 

included in the Dominion of Canada, 

should  (with the exception of the Colony of Newfoundland and its dependencies)

 be annexed to  and form part of the said Dominion.

And whereas, the Senate and Commons of Canada in Parliament assembled, have in 

and by an Address, dated  the  3rd day of May, 1878, represented to Her Majesty 

"That it is desirable that the Parliament of  Canada, on the transfer of the before-mentioned 

Territories being completed, should have authority 

to legislate for their future welfare  and good government, and the power to make all 

needful rules and regulations 

respecting them, the same as in the case of the other territories (of the Dominion); 

and that the  Parliament of Canada expressed its Willingness to assume the duties and

 obligations consequent thereon:"

And whereas, Her Majesty is graciously pleased to accede to the desire expressed in 

and by the said address: Now, therefore, it is hereby ordered and declared by Her Majesty, 

by And with the advice of Her Most  Honourable Privy Council, as follows:-

From and after the first day of September, 1880, all British Territories and Possessions 

in North America, not already included within the Dominion of Canada, and all Islands 

adjacent to and of such Territories or Possessions, shall (with the exception of the Colony 

of Newfoundland and its dependencies) become  and be annexed to and form part of the 

said Dominion of Canada; and become and be subject to the 

laws for the time being in force in the said Dominion, in so far as such laws may be applicable thereto.

C.L. PEEL

 

 

The Constitution Act, 1886

(The British North America Act, 1886)

49 and 50 Victoria, c. 35

An Act respecting the Representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada, but are not included in any Province.

[25th June, 1886]

Whereas it is expedient to empower the Parliament of Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any Province:

Be it enacted 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:

1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any Province thereof.

2. Any Act passed by the Parliament of Canada before the passing of this Act for the purpose mentioned in this Act, shall, if not disallowed by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor-General of Canada.

It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purposes mentioned in this Act, or in The British North America Act, 1871, has effect, notwithstanding anything in The British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories in Canada.

3. This Act, and The British North America Act, 1867, and The British North America Act, 1871, shall be construed together, and may be cited together as The British North America Acts, 1867 to 1886.

3. This Act may be cited as The Constitution Act, 1886.

 

 

 

 

Canada (Ontario Boundary) Act, 1889

52-53 Victoria, c. 28 (U.K.)

An Act to declare the Boundaries of the Province of Ontario in the Dominion of Canada .

[12th August 1889.]

WHEREAS the Senate and Commons of Canada in Parliament assembled have presented to 

Her Majesty the Queen the address set forth in the schedule to this Act respecting the boundaries 

of the province of Ontario:

 

And whereas the Government of the province of Ontario have assented to the boundaries 

mentioned in that Address:

 

And whereas such boundaries so far as the province of Ontario adjoins the province of Quebec are

 identical with those fixed by the proclamation of the Governor-General issued in November, 

one thousand seven hundred and ninety-one, which have ever since existed:

 

And whereas such boundaries, so far as the province of Ontario adjoins the province of Manitoba, 

are identical with those found to be the correct boundaries by a report of the Judicial Committee 

of the Privy Council, which Her Majesty the Queen in Council, on the eleventh day of August one

 thousand eight hundred and eighty-four, ordered to be carried into execution:

 

And whereas it is expedient that the boundaries of the province of Ontario should be declared

 by authority of Parliament in accordance with the said address:

 

Be it therefore enacted 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:

1. This Act may be cited as the Canada (Ontario Boundary) Act, 1889.

2. It is hereby declared that the westerly, northerly, and easterly boundaries of the province of 

Ontario are those described in the address set forth in the schedule to this Act.

SCHEDULE.

ADDRESS TO THE QUEEN FROM THE SENATE AND HOUSE OF COMMONS

 OF CANADA.

WE, Your Majesty's most dutiful and loyal Subjects, the Senate and Commons of Canada. 

in Parliament assembled, humbly approach Your Majesty with the request that Your Majesty may

 be graciously pleased to cause a measure to be submitted to the Parliament of the United Kingdom, 

declaring and providing the following to be the westerly, northerly, and easterly boundaries of the 

province of Ontario, that is to say:--

 

Commencing at the point where the international boundary between the United States of 

America and Canada strikes the western shores of Lake Superior, thence westerly along the 

said boundary to the north-west angle of the Lake of the Woods, thence along a line drawn

 due north until it strikes the middle line of the course of the river discharging the waters of the

 lake called Lake Seul or the Lonely Lake, whether above or below its confluence with the

 stream flowing from the Lake of the Woods towards Lake Winnipeg, and thence proceeding 

eastward from the point at which the beforementioned line strikes the middle line of the course 

of the river last aforesaid, along the middle line of the course of the same river (whether called 

by the name of the English River or, as to the part below the confluence, by the name of the 

River Winnipeg) up to Lake Seul or the Lonely Lake, and thence along the middle line of Lake 

Seul or Lonely Lake to the head of that lake, and thence by a straight line to the near west point 

of the middle line of the waters of Lake St. Joseph, and thence along that middle line until it 

reaches the foot or outlet of that lake, and thence along the middle line of the river by which the

 waters of Lake St. Joseph discharge themselves to the shore of the part of Hudson's Bay 

commonly known as James' Bay and thence south-easterly following upon the said shore to a 

point where a line drawn due north from the head of Lake Temiscamingue would strike it, and

 thence due south along the said line to the head of the said lake. and thence through the middle 

channel of the said lake into the Ottawa River, and thence descending along the middle of the main 

channel of the said river to the intersection by the prolongation of the western limits of the Seigneurie 

of Rigaud, such mid-channel being as indicated on a map of the Ottawa Ship Canal Survey made 

by Walter Shanly, C.E., and approved by Order of the Governor-General in Council, dated the

 twenty-first July one thousand eight hundred and eighty-six; and thence southerly, following the 

said westerly boundary of the Seigneurie of Rigaud to the south-west angle of the said Seigneurie,

 and then southerly along the western boundary of the augmentation of the township of Newton 

to the northwest angle of the Seigneurie of Longueuil, and thence south-easterly along the

 south-western boundary of said Seigneurie of New Longueuil to a stone boundary on the north 

bank of the Lake St. Francis, at the cove west of Point au Baudet, such line from the Ottawa

 River to Lake St. Francis being as indicated on a plan of the line of boundary between Upper 

and Lower Canada. made in accordance with the Act 23 Victoria, chapter 21, and approved by

 order of the Governor-General in Council, dated the 16th of March 1861.

 

 

 

 

 

 

Statute Law Revision Act, 1893

56-57 Victoria, c. 14 (U.K.)

[Note: Only parts affecting the Constitution Acts are reproduced here.]

An Act for further promoting the Revision of the Statute Law by repealing Enactments 

which have ceased to be in force or have become unnecessary

[19th June 1893]

Whereas it is expedient that certain enactments, which may be regarded as spent, or have 

ceased to be inforce otherwise than by express specific repeal by Parliament, or have, by

 lapse of time or otherwise become unnecessary, should be expressly and specifically repealed:

Be it therefore enacted 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:

1. The enactments described in the schedule to this Act are hereby repealed, subject to the 

provisions of this Act and subject to the exceptions and qualifications in the schedule mentioned; 

and every part of a title, preamble, or recital specified after the words "in part, namely,

" in connexion with an Act mentioned in the said schedule may be omitted from any revised edition 

of the statutes published by authority after the passing 

of this Act, and there may be added in the said edition such brief statement of the Acts, 

officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence

 of such omission appear necessary:

 

4. This Act may be cited as the Statute Law Revision Act, 1893.

SCHEDULE

Reign and					Title
Chapter			


			
Constitution Act, 1867.
30 & 31 Victoria		In part; namely,	
c. 3			        From "Be it therefore" to "same as follows."				 
Section two.				
Section four to "provisions" where it last occurs .				
Section twenty-five.				
Sections forty-two and forty-three.				
Section fifty-one. from "of the census" to "seventy-one and" and the word 
'subsequent ."				
Section eighty-one.				
Section eighty-eight, from "and the House" to the end of the section.				
Sections eighty-nine and one hundred and twenty-seven.				
Section one hundred and forty-five.				
Repealed as to all Her Majesty's Dominions.
 
 
 
 

The Yukon Territory Act, 1898

61 Victoria, c. 6 (Canada)

An Act to provide for the Government of the Yukon District

[Assented to 13th June, 1898]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada 

enacts as follows:--

1. This Act may be cited as The Yukon Territory Act.

2. The Yukon Judicial District, as constituted by the proclamation of the Governor in Council bearing

 date the sixteenth day of August, one thousand eight hundred and ninety­seven, and contained in the 

schedule to this Act, is hereby constituted and declared to be a separate territory under the name 

of the Yukon Territory, and the same shall no longer form part of the North­west Territories.

3. The Governor in Council may, by instrument under the Great Seal, appoint for the Yukon 

Territory a chief executive officer to be styled and known as the Commissioner of the Yukon Territory.

4. The Commissioner shall administer the government of the territory under instructions from time 

to time given him by the Governor in Council or the Minister of the Interior.

5. (1) The Governor in Council by warrant under his privy seal may constitute and appoint such 

and so many persons from time to time not exceeding in the whole six persons, as may be deemed

 desirable to be a Council to aid the Commissioner in the administration of the territory, and such

 persons so appointed to the Council shall before entering upon the duties of their offices take

 and subscribe before the Commissioner such oaths of allegiance and office as the Governor in 

Council may prescribe.

(2) The majority of the Council including the Commissioner shall form a quorum.

(3) Each judge of the court shall be ex officio a member of the Council, but the total number of members 

of the Council, including the judges, shall not exceed six.

6. The Commissioner in Council shall have the same powers to make ordinances for the government 

of the territory as are at the date of this Act possessed by the Lieutenant Governor of the North­west

 Territories, acting by and with the advice and consent of the Legislative Assembly thereof to make

 ordinances for the government of the North­west Territories except as such powers may be limited 

by order of the Governor in Council.

7. A copy of every such ordinance made by the Commissioner in Council shall be despatched by 

mail to the Governor in Council within ten days after the passing thereof, and shall be laid before 

both Houses of Parliament as soon as conveniently may be thereafter, and any such ordinance may 

be disallowed by the Governor in Council at any time within two years after its passage.

8. Subject to the provisions of this Act, the Governor in Council may make ordinances for the 

peace, order and good government of the territory and of Her Majesty's subjects and others

 therein, but no ordinance made by the Governor in Council or the Commissioner in Council shall,

 

    (a) impose any tax or any duty of customs or any excise or any penalty exceeding one

     hundred dollars, or

    (b) alter or repeal the punishment provided in any Act of the Parliament of Canada in

     force in the territory for any offence, or

    (c) appropriate any public money, lands or property of Canada without authority of Parliament: 

    Provided that this section shall not apply to any law extending or applying or declared 

    applicable to the territory by any Act of the Parliament of Canada.

9. Subject to the provisions of this Act, the laws relating to civil and criminal matters and the 

ordinances as the same exist in the Northwest Territories at the time of the passing of this Act, 

shall be and remain in force in the said Yukon Territory in so far as the same are applicable thereto 

until amended or repealed by the Parliament of Canada or by any ordinance of the Governor in 

Council or the Commissioner in Council made under the provisions of this Act.

10. (1) There is hereby constituted and appointed a superior court of record in and for the said 

territory, which shall be called the Territorial Court.

The said court shall consist of one or more judges, who shall be appointed by the Governor in

 Council by letters patent under the Great Seal.

(2) Any person may be appointed judge of the court who is or has been a judge of a superior or

 a county court of any province of Canada or of the North­west Territories, or a barrister or

 advocate of at least ten years' standing at the bar of any such province or of the North­west Territories.

(3) A judge of the court shall not hold any other office or emolument under the Government of 

Canada, or of any province of Canada or of the said territory, but this provision shall not prevent 

a judge from being eligible for appointment as a member of the Council of the said territory.

11. The law governing the residence, tenure of office, oath of office, rights and privileges of the

 judge or judges of the court, and the power, authority and jurisdiction of the court shall be the 

same, mutatis mutandis, as the law governing the residence, tenure of office, oath of office, rights 

and privileges of the judges, and the power, authority and jurisdiction of the Supreme Court of 

the North­west Territories, except as the same are expressly varied in this Act.

12. Sittings of the court presided over by a judge or judges shall be held at such times 

and places as the Governor in Council or the Commissioner in Council shall appoint.

13. The Governor in Council may appoint such officers of the court as may be deemed necessary, 

and may define and specify the duties and emoluments of the officers so appointed

14. The judge of the Supreme Court of the North­west Territories assigned to the Yukon 

Judicial District at the time this Act comes into force, and the officers of that court for the said

 district, shall be the judge and officers of the Territorial Court until otherwise provided, but the 

said judge may at his option, at any time within twelve months after this Act comes into force, 

resume his office as one of the judges of the Supreme Court of the North­west Territories, his 

transfer to that court being in such case made by Order of the Governor in Council,

15. The procedure in criminal cases in the Territorial Court shall, subject to the provisions of 

any Act of the Parliament of Canada, conform as nearly as possible to the procedure existing in 

like cases in the North­west Territories at the time of the passing of this Act.

16. While in the said Yukon Territory the Commissioner of the territory, each member of the Council

 thereof, every judge of the court, and every commissioned officer of the Northwest Mounted Police,

 shall ex officio have, possess and exercise all the powers of a justice of the peace, or of two justices 

of the peace, under any laws or ordinances, civil or criminal, in force in the said territory, and the 

Governor in Council may, by commission, appoint such other persons justices of the peace or 

police commissioners, having each the authority of two justices of the peace within the said territory, 

as may be deemed desirable.

17. No person shall be summoned or sworn as a juryman on any trial in the Territorial Court 

unless he is a British subject.

18. (1) Every lock­up, guard­room, guardhouse or place of confinement provided by or for or 

under the direction of the North­west Mounted Police Force, or the regular military force, or a 

municipal body, or by the Commissioner or Commissioner in Council of the territory, shall be a 

penitentiary, jail, and place of confinement for all persons sentenced to imprisonment in the territory, 

and the Commissioner of the territory shall direct in which such penitentiary, jail or place of 

confinement any person sentenced to imprisonment shall be imprisoned.

(2) The Governor in Council shall have power to make rules and regulations respecting

the management, discipline and policy of every penitentiary, jail or place of confinement used 

as such in the territory.

19. All persons possessing the powers of two justices of the peace in the territory shall also be

 coroners in and for the said territory.

20. The Governor in Council may appoint such officers as are necessary for the due administration 

of justice in the territory, may fix the fees or emoluments of such officers and may fix the fees or 

emoluments of coroners, justices of the peace, jurors, witnesses and other persons attending or 

performing duties in relation to the administration of criminal justice, and provide the manner in 

which such fees and emoluments shall be paid.

21. In case of the death of the Commissioner the senior member of the Council shall act as 

Commissioner until a successor is appointed.

SCHEDULE

ABERDEEN

[L.S.]

CANADA

VICTORIA by the Grace of God, of the United Kingdom of Great Britain and Ireland. QUEEN, 

Defender of the Faith, &c., &c. &c.

To all to whom these presents shall come or whom the same may in anywise concern.--GREETING:

A PROCLAMATION

F.L. NEWCOMBE. Deputy of the Minister of Justice, Canada.

WHEREAS it is in and b!­ the Revised Statutes, chapter 50, and intituled "An Act respecting 

the North­west Territories" in effect enacted, that the Governor in Council may at any time by 

Proclamation divide the Territories into judicial districts, and give to each such district an 

appropriate name, and in like manner from time to time, alter the limits and extent of such districts.

 

and whereas by an Order of Our Governor in Council, bearing date the 16th day of August 

A.D. 1897, the establishment of a judicial district in the said Territories was authorized, to be 

known as the Yukon Judicial District, and to be bounded as hereinafter mentioned:

 

Now Know Ye that We do hereby and by virtue of the authority vested in Us by the said Act,

 and the said Order in Council respectively establish and set apart a judicial district in the 

North­west Territories to be named and known as the "Yukon Judicial District,' the boundaries 

of such judicial district to be as follows:--

 

Beginning at the intersection of the 141st meridian of west longitude from Greenwich with a point 

on the coast of the Arctic Sea which is approximate north latitude, 69° 39", and named on the 

Admiralty charts "Demarcation Point;" thence due south. on said meridian (which is also 

the boundary line between Canada and Alaska) for a distance of about 650 miles, to a point

 in latitude about 60° 10' north, at which it will intersect the disputed boundary between 

Canada and the United States on the North Pacific coast; thence in an easterly direction, 

along the said undetermined boundary, for a distance of about 55 miles (in a straight line) to 

its intersection with the 60th parallel of north latitude; thence due east along the parallel of

 latitude (which is also the north boundary of British Columbia) for a distance of about 550 

miles, to the Liard River, in approximate longitude 123° 30" west; thence northerly along the

 middle line of said river, for a distance of about 10 miles till opposite the highest part of the

 range of mountains which abuts upon the river near the mouth of Black River; thence to follow

 the summit of said range in a northwesterly direction to the southernmost source of the Peel River;

 thence to follow northward the summit of the main range of mountains which runs approximately 

parallel to Peel River, on the west, as far as the intersection of the said range with the 136th meridian; 

thereafter to run due north to the Arctic Ocean, or to the westernmost channel of the Mackenzie

 Delta, and along that channel to the Arctic Ocean; thence north­westerly following the windings 

of the Arctic Coast (termination of the mainland of the Continent), including Herschel Island, and 

all other islands which may be situated within three (3) geographical miles, to the place of beginning.

Provided, that in respect to that part of the line, between the Liard River and the southernmost 

source of the Peel River, the summit to be followed is the water­shed summit separating streams 

entering the Liard River below Black River, or flowing directly into the Mackenzie further north, 

from streams flowing westward either to the Yukon or to upper branches of the Liard River.

 

Provided, that in respect to the part of the boundary described as following northward the 

main range of mountains on the west side of Peel River, the line shall run along the water­shed 

between streams flowing eastwardly to the Peel River, and those flowing westwardly to branches 

of the Yukon, Porcupine, etc., except where such water­shed shall be more than 20 miles distant 

from the main stream of the Peel. when the highest range within that distance shall be the boundary.

 

Of all which Our loving subjects and all others whom these presents may concern, are hereby

 required to take notice and to govern themselves accordingly.

 

In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal

 of Canada to be hereunto affixed. Witness, Our Right Trusty and Right Well­Beloved Cousin and

 Councillor the Right Honourable Sir JOHN CAMPBEI L HAMILTON­GORDON, Earl of 

Aberdeen; Viscount Formartine, Baron Haddo, Methlic, Tarves and Kellie, in the Peerage of 

Scotland; Viscount Gordon of Aberdeen, County of Aberdeen, in the Peerage of the United 

Kingdom; Baronet of Nova Scotia; Knight Grand Cross of Our most Distinguished Order 

of Saint Michael and Saint George, etc., etc.. Governor General of Canada.

 

At Our Government House, in Our City of Ottawa, in Our said Dominion, this sixteenth day of

 August, in the year of Our Lord one thousand eight hundred and ninety­seven, and in the sixty­first 

year of our Reign.

By Command,

JOSEPH POPE,

Under­Secretary of State

 
 
 
 
 

Alberta Act

(THE ALBERTA ACT)

4-5 Edward VII, c. 3 (Canada)

An Act to establish and provide for the Government of the Province of Alberta

[Assented to 20th July, 1905]

Whereas in and by the Constitution Act 1871,  being chapter 28 of the Acts of the Parliament of the

 United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late

 Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish 

new provinces in any territories forming for the time being part of the Dominion of Canada, but not 

included in any province thereof, and may, at the time of such establishment, make provision for the 

constitution and administration of any such province, and for the passing of laws for the peace, order

 and good government of such province and for its representation in the said Parliament of Canada;

 

And whereas it is expedient to establish as a province the territory hereinafter described, and to make 

provision for the government thereof and the representation thereof in the Parliament of Canada;

Therefore His Majesty, by and with the advice and consent of the Senate and House of 

Commons of Canada, enacts as follows:-

1. This Act may be cited as the Alberta Act.

2. The territory comprised within the following boundaries, that is to say, - commencing at the 

intersection of the international boundary dividing Canada from the United States of America by

 the fourth meridian in the system of Dominion lands surveys; thence westerly along the said

 international boundary to the eastern boundary of British Columbia; thence northerly along the 

said province of British Columbia to the north-east corner of the said province; then easterly along 

the parallel of the sixtieth degree of north latitude to the fourth meridian in the said system of

 Dominion lands surveys as the same may be hereafter defined in accordance with the said 

system; thence southerly along the said fourth meridian to the point of commencement, - is hereby

 established as a province of the Dominion of Canada, to be called and known as the province of Alberta.

3. The provisions of the Constitution Acts, 1867 to 1886 shall apply to the province of Alberta 

in the same way and to the like extent as they apply to the provinces heretofore comprised in the 

Dominion, as if the said province of Alberta had been one of the provinces originally united, 

except in so far as varied by this Act and except such provisions as are in terms made, or by 

reasonable intendment may be held to be, specially applicable to or only to affect one or more 

and not the whole of the said provinces.

4. The said province shall be represented in the Senate of Canada by four members: Provided that such 

representation may, after the completion of the next decennial census, be from time to time increased to 

six by the Parliament of Canada.

5. The said province and the province of Saskatchewan shall, until the termination of the Parliament 

of Canada existing at the time of the first readjustment hereinafter provided for, continue to be

 represented in the House of Commons as provided by chapter 60 of the statutes of 1903, each of

 the electoral districts defined in that part of the schedule to the said Act which relates to the 

North-west Territories, whether such district is wholly in one of the said provinces, or partly in one

 and partly in the other of them, being represented by one member.

6. (1) Upon the completion of the next quinquennial census for the said province, the representation 

thereof shall forthwith be readjusted by the Parliament of Canada in such manner that there shall 

be assigned to the said province such a number of members as will bear the same proportion to the

 number of its population ascertained at such quinquennial census as the number sixty-five bears to

 the number of the population of Quebec as ascertained at the then last decennial census; and in the

 computation of the number of members for the said province a fractional part not exceeding 

one-half of the whole number requisite for entitling the province to a member shall be disregarded, 

and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole 

number, and such readjustment shall take effect upon the termination of the Parliament then existing.

 

(2) The representation of the said province shall thereafter be readjusted from time to time according 

to the provisions of section 51 of the Constitution Act 1867. 

7. Until the Parliament of Canada otherwise provides, the qualifications of voters for the election of

 members of the House of Commons and the proceedings at and in connection with elections of 

such members shall, mutatis mutandis, be those prescribed by law at the time this Act comes into

 force with respect to such elections in the North-west Territories.

8. The Executive Council of the said province shall be composed of such persons, under such designations,

 as the Lieutenant Governor from time to time thinks fit.

9. Unless and until the Lieutenant Governor in Council of the said province otherwise directs, by 

proclamation under the Great Seal, the seat of government of the said province shall be at Edmonton.

10. All powers, authorities and functions which under any law were before the coming into force

 of this Act vested in or exercisable by the Lieutenant Governor of the North-west Territories, with 

the advice, or with the advice and consent, of the Executive Council thereof, or in conjunction with 

that Council or with any member or members thereof, or by the said Lieutenant Governor individually,

 shall, so far as they are capable of being exercised after the coming into force of this Act in relation

 to the government of the said province, be vested in and shall or may be exercised by the Lieutenant 

Governor of the said province, with the advice or with the advice and consent of, or in conjunction

 with, the Executive Council of the said province or any member or members thereof, or by the 

Lieutenant Governor individually, as the case requires, subject nevertheless to be abolished or 

altered by the Legislature of the said province.

11. The Lieutenant Governor in Council shall, as soon as may be after this Act comes into force, 

adopt and provide a Great Seal of the said province, and may, from time to time, change such seal.

12. There shall be a Legislature for the said province consisting of the Lieutenant Governor and one

 House, to be styled the Legislative Assembly of Alberta.

13. Until the said Legislature otherwise provides, the Legislative Assembly shall be composed of

 twenty-five members, to be elected to represent the electoral divisions defined in the schedule to

 this Act.

14. Until the said Legislature otherwise determines, all the provisions of the law with regard to the 

constitution of the Legislative Assembly of the North-west Territories and the election of members 

thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the 

election of members thereof respectively.

15. The writs for the election of the members of the first Legislative Assembly of the said province 

shall be issued by the Lieutenant Governor and made returnable within six months after this Act comes

 into force.

16. (1) All laws and all orders and regulations made thereunder, so far as they are not inconsistent 

with anything contained in this Act, or as to which this Act contains no provision intended as a 

substitute therefor, and all courts of civil and criminal jurisdiction, and all commissions, powers,

 authorities and functions, and all officers and functionaries, judicial, administrative and ministerial, 

existing immediately before the coming into force of this Act in the territory hereby established as 

the province of Alberta, shall continue in the said province as if this Act and the Saskatchewan Act 

had not been passed; subject, nevertheless, except with respect to such as are enacted by or existing 

under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great 

Britain and Ireland, to be repealed, abolished or altered by the Parliament of Canada, or by the 

Legislature of the said province, according to the authority of the Parliament or of the said Legislature: 

Provided that all powers, authorities and functions which under any law, order or regulation were, 

before the coming into force of this Act, vested in or exercisable by any public officer or functionary 

of the North-west Territories shall be vested in and exercisable in and for the said province by like 

public officers and functionaries of the said province when appointed by competent authority.

(2) The Legislature of the province may, for all purposes affecting or extending to the said province, 

abolish the Supreme Court of the North-west Territories, and the offices, both judicial and ministerial,

 thereof, and the jurisdiction, powers and authority belonging or incident to the said court: Provided that,

 if upon such abolition the Legislature constitutes a superior court of criminal jurisdiction, the procedure

 in criminal matters then obtaining in respect of the Supreme Court of the Northwest Territories shall, 

until otherwise provided by competent authority, continue to apply to such superior court and that 

the Governor in Council may at any time and from time to time declare all or any part of such procedure

 to be inapplicable to such superior court.

(3) All societies or associations incorporated by or under the authority of the Legislature of the 

North-west Territories existing at the time of the coming into force of this Act which include within

 their objects the regulation of the practice of, or the right to practise, any profession or trade in the

 North-west Territories, such as the legal or the medical profession, dentistry, pharmaceutical 

chemistry and the like, shall continue, subject, however, to be dissolved and abolished by order 

of the Governor in Council, and each of such societies shall have power to arrange for and effect 

the payment of its debts and liabilities, and the division, disposition or transfer of its property.

 

(4) Every joint-stock company lawfully incorporated by or under the authority of any ordinance of the 

North-west  Territories shall be subject to the legislative authority of the province of Alberta if -

 

    (a) the head office or the registered office of such company is at the time of the coming into force

     of this Act situate in the province of Alberta; and

    (b) the powers and objects of such company are such as might be conferred by the Legislature

     of the said province and not expressly authorized to be executed in any part of the North-west 

    Territories beyond the limits of the said province.

17. Section 93 of the Constitution Act 1867  shall apply to the said province, with the substitution

 for paragraph (1) of the said section 93, of the following paragraph:-

"(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate 

schools which any class of persons have at the date of the passing of this Act, under the terms 

of chapters 29 and 30 of the Ordinances of the North-west Territories, passed in the year 1901, 

or with respect to religious instruction in any public or separate school as provided for in the said

 ordinances."

(2) In the appropriation by the Legislature or distribution by the Government of the province of 

any moneys for the support of schools organized and carried on in accordance with the said chapter

 29, or any Act passed in amendment be no discrimination against schools of any class described 

in the said chapter 29.

(3) Where the expression "by law" is employed in paragraph (3) of the said section 93, it shall be 

held to mean the law as set out in the said chapters 29 and 30; and where the expression "at the 

Union" is employed, in the said paragraph (3), it shall be held to mean the date at which this Act 

comes into force.

18. The following amounts shall be allowed as an annual subsidy to the province of Alberta, and

 shall be paid by the Government of Canada, by half-yearly installments in advance, to the said

 province, that is to say: -

 

    (a) for the support of the Government and Legislature, fifty thousand dollars;

    (b) on an estimated population of two hundred and fifty thousand, at eighty cents per head,

     two hundred thousand dollars, subject to be increased as hereinafter mentioned, that is to say: -

     a census of the said province shall be taken in every fifth year reckoning from the general census

     of one thousand nine hundred and one, and an approximate estimate of the population shall be

     made at equal intervals of time between each quinquennial and decennial census; and 

    whenever the population, by any such census or estimate, exceeds two hundred and fifty

     thousand, which shall be the minimum on which the said allowance shall be calculated, 

    the amount of the said allowance shall be increased accordingly, and so on until the population

     has reached eight hundred thousand souls.

19. Inasmuch as the said province is not in debt, it shall be entitled to be paid and to receive

 from the Government of Canada, by half-yearly payments in advance, an annual sum of four

 hundred and five thousand three hundred and seventy-five dollars, being the equivalent of interest 

at the rate of five per cent per annum on the sum of eight million one hundred and seven thousand 

five hundred dollars.

20. (1) Inasmuch as the said province will not have the public land as a source of revenue, there

 shall be paid by Canada to the province by half-yearly payments, in advance, an annual sum 

based upon the population of the province as from time to time ascertained by the quinquennial 

census thereof, as follows: -

 

The population of the said province being assumed to be at present two hundred and fifty thousand, 

the sum payable until such population reaches four hundred thousand, shall be three hundred and 

seventy-five thousand dollars;

Thereafter, until such population reaches eight hundred thousand, the sum payable shall be five

 hundred and sixty-two thousand five hundred dollars;

 

Thereafter, until such population reaches one million two hundred thousand, the sum payable

 shall be seven hundred and fifty thousand dollars;

 

And thereafter the sum payable shall be one million one hundred and twenty-five 

thousand dollars.

(2) As an additional allowance in lieu of public lands, there shall be paid by Canada to the province

 annually by half-yearly payments, in advance, for five years from the time this Act comes into force, 

to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven

 hundred and fifty dollars.

21. All Crown lands, mines and minerals and royalties incident thereto, and the interest of the 

Crown in the waters within the province under The North-west Irrigation Act, 1898, shall 

continue to be vested in the Crown and administered by the Government of Canada for the

 purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with

 respect to road allowances and roads or trails in force immediately before the coming into 

force of this Act, which shall apply to the said province with the substitution therein of the said

 province for the North-west Territories.

22. All properties and assets of the Northwest Territories shall be divided equally between the said 

province and the province of Saskatchewan, and the two provinces shall be jointly and equally 

responsible for all debts and liabilities of the North-west Territories: Provided that, if any difference 

arises as to the division and adjustment of such properties, assets, debts and liabilities, such 

difference shall be referred to the arbitrament of three arbitrators, one of whom shall be chosen by 

the Lieutenant Governor in Council of each province, and the third by the Governor in Council. 

The selection of such arbitrators shall not be made until the Legislatures of the provinces have met,

 and the arbitrator chosen by Canada shall not be a resident of either province.

23. Nothing in this Act shall in any way prejudice or affect the rights or properties of the Hudson's 

Bay Company as contained in the conditions under which that company surrendered Rupert's 

Land to the Crown.

24. The powers hereby granted to the said province shall be exercised subject to the provisions of 

section 16 of the contract set forth in the schedule to chapter 1 of the statutes of 1881, being an 

Act respecting the Canadian Pacific Railway Company.

25. This Act shall come into force on the first day of September, one thousand nine hundred and five.

SCHEDULE

(Section 13)

The province of Alberta shall be divided into twenty-five electoral divisions which shall respectively 

comprise and consist of the parts and portions of the province hereinafter described.

In the following descriptions where "meridians between ranges" and "boundaries of townships" or 

"boundaries of sections" are referred to as the boundaries of electoral divisions, these expressions 

mean the meridians, boundaries of townships or boundaries of sections, as the case may be, in 

accordance with the Dominion Lands system of surveys, and include the extension thereof in accordance 

with the said system.

Names and Descriptions of Divisions

(1) The electoral division of Medicine Hat, bounded as follows:--

Commencing at the intersection of the eastern boundary of the said province of Alberta by the north

 boundary of the 38th township; thence westerly along the north boundary of the 38th townships to

 the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the

 meridian between the 10th and 11th ranges to the southern boundary of the said province of Alberta; 

thence easterly along the said southern boundary of the province of Alberta to the south­east corner

 thereof; thence northerly along the eastern boundary of the said province of Alberta to the point of 

commencement.

(2) The electoral division of Cardston, bounded as follows:--

Commencing at the southern boundary of the said province of Alberta where it is intersected by the 

meridian between the 10th and 11th ranges, west of the 4th meridian; thence northerly along the said 

meridian between the I 0th and 11 th ranges to the north boundary of the 5th township; thence westerly 

along the north boundary of the 5th township to the St. Mary river; thence along the St. Mary river up 

stream to the south boundary of the Blood Indian Reserve; thence westerly along the said south

 boundary of the Blood Indian Reserve to the meridian between the 27th and 28th ranges west of

 the 4th meridian; thence southerly along the said meridian between the 27th and 28th ranges to the

 north boundary of the 2nd township; thence westerly along the north boundary of the 2nd 

townships to the meridian between the 29th and 30th ranges west of the 4th meridian; thence 

southerly along the said meridian between the 29th and 30th ranges to the southern shore of the 

Waterton Lakes; thence in a westerly and southerly direction and following the southerly and 

eastern shores of the said Waterton Lakes; thence in a westerly and southerly direction and 

following the southerly and eastern shores of the said Waterton Lakes to the southern boundary 

of the said province of Alberta; thence easterly along the said southern boundary of the province 

of Alberta to the point of commencement.

 

(3) The electoral division of Lethbridge, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where 

it is intersected by the north boundary of the 5th township; thence northerly along the said meridian 

between the 10th and 11th ranges to the north boundary of the 14th township; thence westerly along 

the north boundary of the 14th townships to the Bow river; thence along the Bow river up stream to

 the north boundary of the 19th township; thence westerly along the north boundary of the 19th townships

 to the meridian between the 22nd and 23rd ranges, west of the 4th meridian; thence southerly along 

the said meridian between the 22nd and 23rd ranges to the Belly river; thence along the Belly river 

down stream to the St. Mary river; thence along the St. Mary river up stream to the north boundary

 of the 5th township; thence easterly along the north boundary of the 5th townships to the point of 

commencement.

(4) The electoral division of Macleod, bounded as follows:--

Commencing at the south boundary of the Blood Indian Reserve where it is intersected by the 

St. Mary river; thence along the said St. Mary river down stream to the Belly river; thence along the 

said Belly river up stream to its most northerly intersection with the meridian between the 22nd and

 23rd ranges, west of the 4th meridian; thence northerly along the said meridian between the 22nd 

and 23rd ranges to the north boundary of the 14th township; thence westerly along the north 

boundary of the 14th townships to the western boundary of the province of Alberta; thence in a 

southerly direction and along the said western boundary of the province of Alberta to the north 

boundary of the 11th township; thence easterly along the said north boundary of the 11th township

 to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 

10th township: thence easterly along the said north boundary of the 10th township to the meridian

 between the 29th and 30th ranges, west of the 4th meridian; thence southerly along the said 

meridian between the 29th and 30th ranges to the north boundary of the 8th township; thence

 easterly along the said north boundary of the 8th township to the west boundary of the Peigan

 Indian Reserve; thence southerly along the said west boundary of the Peigan Indian Reserve to the 

south­west corner of the said Peigan Indian Reserve; thence easterly along the south boundary of

 the said Peigan Indian Reserve to the south­east corner of the said Reserve. thence in a straight 

line south­easterly to the north­east corner of section 14 in the 6th township in the 27th range, 

west of the 4th meridian; thence along the north boundary of section 13 in the said 6th township 

and in the 27th range to the meridian between the 26th and 27th ranges west of the 4th meridian; 

thence southerly along the said meridian between the 26th and 27th ranges to the Belly river; 

thence along the Belly river up stream to the south boundary of the said Blood Indian Reserve;

 thence easterly along the said south boundary of the Blood Indian Reserve to the point of 

commencement.

 

(5) The electoral division of Pincher Creek, bounded as follows:--

Commencing at the southern boundary of the said province of Alberta, where it is intersected 

by the eastern shore of the Waterton lakes, thence northerly and easterly and along the said 

eastern shores and the southern shores of the Waterton lakes to the meridian between the 29th 

and 30th ranges west of the 4th meridian; thence northerly along the said meridian between the 

29th and 30th ranges to the north boundary of the 2nd township; thence easterly along the said 

north boundary of the 2nd townships to the meridian between the 27th and 28th ranges west of 

the 4th meridian; thence northerly along the said meridian between the 27th and 28th ranges to 

the south boundary of the Blood Indian Reserve; thence westerly along the said south boundary

 of the Blood Indian Reserve to the Belly river; thence along the said Belly river down stream 

to the meridian between the 26th and 27th ranges west of the 4th meridian; thence northerly 

along the said meridian between the 26th and 27th ranges to the northeast corner of section 

13 in the 6th township in the said 27th range; thence westerly along the north boundary of the 

said section 13 to the northeast corner of section 14 in the said 6th township in the 27th range; 

thence in a straight line northwesterly to the southeast corner of the Peigan Indian Reserve;

 thence westerly along the south boundary of the said Peigan Indian Reserve to the southwest 

corner of the said Indian Reserve; thence northerly along the west boundary of the said Indian 

Reserve to the north boundary of the 8th township; thence westerly along the said north boundary

 of the 8th townships to the meridian between the 29th and 30th ranges west of the 4th meridian; 

thence northerly along the said meridian between the 29th and 30th ranges to the north boundary 

of the 10th township; thence westerly along the said north boundary of the 10th township to the 

5th meridian; thence northerly along the said 5th meridian to the north boundary of the 11th 

township; thence westerly along the said north boundary of the 11th townships to the western

 boundary of the said province of Alberta; thence in a southerly direction and along the said

 western boundary of the province of Alberta to the southern boundary of the said province of 

Alberta; thence easterly along the said southern boundary of the province of Alberta to the Point of 

commencement.

 

(6) The electoral district of Gleichen, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it 

is intersected by the northern boundary of the 14th township; thence northerly along the said 

meridian between the 10th and 11th ranges to the north boundary of the 28th township; thence 

westerly along the said north boundary of the 28th townships to the meridian between the 2nd 

and 3rd ranges, west of the 5th meridian; thence southerly along the said meridian between the

2nd and 3rd ranges, to the north boundary of the 22nd township; thence easterly along the said 

north boundary of the 22nd townships to the Bow river; thence along the said Bow river down 

stream to the north boundary of the 14th township; thence easterly along the said north boundary 

of the 14th townships to the point of commencement;--excepting and reserving out of the said

 electoral division the city of Calgary, as incorporated by ordinances of the North­west Territories.

(7) The electoral division of Calgary City, comprising the city of Calgary as incorporated by

 ordinance of the North­west Territories.

 

8) The electoral division of Rosebud, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it

 is intersected by the north boundary of the 28th township; thence northerly along the said meridian

 between the 10th and 11th ranges to the north boundary of the 33rd township; thence westerly 

along the said north boundary of the 33rd townships to the western boundary of the province of 

Alberta; thence in a southerly direction and along the said western boundary of the province of 

Alberta to the north boundary of the 28th township; thence easterly along the said north boundary

 of the 28th townships to the point of commencement.

(9) The electoral division of High River, bounded as follows:--

Commencing at the meridian between the 22nd and 23rd ranges, west of the 4th meridian, 

where it is intersected by the north boundary of the 14th township; thence northerly along the 

said meridian between the 22nd and 23rd ranges to the north boundary of the 19th township;

 thence easterly along the said north boundary of the 19th townships to the Bow river; thence 

along the said Bow river up stream to the north boundary of the 22nd township; thence 

westerly along the said north boundary of the 22nd townships to the western boundary of the

 province of Alberta; thence in a southerly direction and along the said western boundary 

of the province of Alberta to the north boundary of the 14th township; thence easterly along

 the said north boundary of the 14th townships to the point of commencement.

 

(10) The electoral division of Banff, bounded as follows:--

Commencing at the meridian between the 2nd and 3rd ranges, west of the 5th meridian, 

where it is intersected by the north boundary of the 22nd township; thence northerly along the 

said meridian between the 2nd and 3rd ranges to the north boundary of the 28th township; 

thence westerly along the said north boundary of the 28th townships to the western boundary 

of the province of Alberta; thence in a southerly direction and along the said western boundary 

of the province of Alberta to the north boundary of the 22nd township; thence easterly along the

 said north boundary of the 22nd townships to the point of commencement

 

11) The electoral division of Innisfail, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where 

it is intersected by the north boundary of the 33rd township; thence northerly along the said

 meridian between the 10th and 11th ranges to the north boundary of section twenty­four in the 

36th township; thence westerly along the section line which bounds on the north the section

 comprising the most southerly two­thirds of the 36th townships to the Red Deer river, in the 28th 

range, west of the 4th meridian; thence along the said Red Deer river down stream to the north 

boundary of section twenty­two, in the 37th township; thence westerly along the section line which

 

 bounds on the north the sections comprising the most southerly two­thirds of the 37th townships

 to the western boundary!­ of the province of Alberta; thence in a southerly direction and along

 the said western boundary of the province of Alberta to the north boundary of the 33rd township;

 thence easterly along the north boundary of the 33rd townships to the point of commencement.

 

(12) The electoral division of Red Deer, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where

 it is intersected by the north boundary of section 24, in the 36th township; thence northerly along 

the said meridian between the 10th and 11th ranges to the said north boundary of the 38th township; 

thence westerly along the said north boundary of the 38th townships to where the said north 

boundary of the 38th townships is intersected by the Red Deer river in the 26th range, west of the 

4th meridian; thence along the said Red Deer river up stream to the Blindman river; thence

 along the said Blindman river up stream to the north boundary of the 39th township; thence 

westerly along the said north boundary of the 39th townships to the North Saskatchewan river; 

thence along the North Saskatchewan river up stream to the section line which bounds on the north 

the sections comprising the most southerly two­thirds of the 37th townships; thence easterly along the 

said section line which bounds on the north the sections comprising the most southerly two­thirds of

the 37th townships to the Red Deer river; thence along the Red Deer river up stream to the north

 boundary of section twenty, in the 36th township; thence easterly along the section line which bounds 

on the north the sections comprising the most southerly two­thirds of the said 36th townships to the 

point of commencement.

 

(13) The electoral division of Vermilion, bounded as follows:--

Commencing at the eastern boundary of the province of Alberta where it is intersected by the north 

boundary of the 38th township; thence northerly along the said eastern boundary of the province of 

Alberta to the North Saskatchewan river; thence along the North Saskatchewan river up stream to 

the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the

 said meridian between the 10th and 11th ranges to the north boundary of the 54th township; 

thence westerly along the said north boundary of the 54th townships to the meridian between the

 19th and 20th ranges, west of the 4th meridian; thence southerly along the said meridian between

 the 19th and 20th ranges to the north boundary of section twenty­four, in the 47th township; 

thence easterly along the section line which bounds on the north the sections comprising the most 

southerly two­thirds of the 47th townships to the meridian between the 10th and 11th ranges, west 

of the 4th meridian; thence southerly along the said meridian between the I 0th and 11th ranges to

 the north boundary of the 38th township; thence easterly along the said north boundary of the 

38th townships to the point of commencement.

 

(14) The electoral division of Lacombe, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where 

it is intersected by the north boundary of the 38th township; thence northerly along the said meridian 

between the 10th and 11th ranges to the north boundary of the 41st township; thence westerly 

along the said north boundary of the 41st townships to the North Saskatchewan river; thence 

along the said North Saskatchewan river up stream to the north boundary of the 39th township; 

thence easterly along the said north boundary of the 39th townships to the Blindman river; 

thence along the said Blindman river down stream to the Red Deer river; thence along the said

 Red Deer river down stream to the north boundary of the 38th township; thence easterly 

along the said north boundary of the 38th townships to the point of commencement.

 

(15) The electoral division of Ponoka, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where

 it is intersected by the north boundary of the 41st township; thence northerly along the said meridian 

between the 10th and 11th ranges to the north boundary of the 44th township; thence westerly 

along the north boundary of the 44th townships to the North Saskatchewan river; thence along

 the said North Saskatchewan river up stream to the north boundary of the 41st township; thence 

easterly along the said north boundary of the 41st townships to the point of commencement.

 

(16) The electoral division of Wetaskiwin, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it 

is intersected by the north boundary of the 44th township; thence northerly along the said meridian 

between the 10th and 11th ranges to the section line which bounds on the north the sections 

comprising the most southerly two­thirds of the 47th township; thence westerly along the said 

section line which bounds on the north the sections comprising the most southerly two­thirds 

of the 47th townships to the North Saskatchewan river; thence along the said North Saskatchewan

 river up stream to the north boundary of the 44th township; thence easterly along the said north 

boundary of the 44th townships to the point of commencement.

 

(17) The electoral division of Leduc, bounded as follows:--

Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where

 it is intersected by the section line which bounds on the north the sections comprising the most 

southerly two­thirds of the 47th townships; thence northerly along the said meridian between the 

19th and 20th ranges to the north boundary of the 50th township; thence westerly along the said 

north boundary of the 50th townships to where the said north boundary of the 50th townships 

first intersects the North Saskatchewan river; thence along the North Saskatchewan river up 

stream to the section line which bounds on the north the sections comprising the most southerly

 two­thirds of the 47th township; thence easterly along the said section line which bounds on

 the north the sections comprising the most southerly two­thirds of the 47th town5hjps to the

 point of commencement.

 

(18) The electoral division of Strathcona, bounded as follows:--

Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where

 it is intersected by the north boundary of the 50th township; thence northerly along the said meridian

 between the 19th and 20th ranges to the north boundary of the 53rd township; thence westerly

 along the said north boundary of the 53rd townships to the North Saskatchewan river; thence 

along the said North Saskatchewan river up stream to the north boundary of the 50th township; 

thence easterly along the said north boundary of the 50th townships to the point of commencement.

 

(19) The electoral division of Stonyplain, bounded as follows:--

Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where

 it is intersected by the north boundary of the 53rd township; thence westerly along the said north 

boundary of the 53rd township to the rear line of lots fronting on the east side of the Sturgeon river

 in the Saint Albert settlement; thence in a southerly and westerly direction and along the said rear

 line to Big lake; thence in a westerly direction and along the southerly, westerly and northerly shores

 of Big lake to the south­west corner of lot D in the Saint Albert settlement, thence westerly and

 along the southerly limit of lots E, F, G, H and I in the said Saint Albert settlement to the south­east 

corner of the Indian Reserve Chief Michel Calahoo; thence westerly along the south boundary of the

 said Indian Reserve to the south­west corner thereof; thence northerly along the west boundary 

of the said Indian Reserve to the north boundary of the 54th township; thence westerly along the

 said north boundary of the 54th townships to the 5th meridian; thence northerly along the said 5th

 meridian to the south boundary of the Indian Reserve Chief Alexander; thence westerly along the 

south boundary of the Indian Reserve Chief Alexander to the south­west corner of the said reserve;

 thence northerly along the west boundary of the said Reserve Chief Alexander to the north boundary

 of the 55th township; thence westerly along the north boundary of the 55th townships to the western 

boundary of the province of Alberta; thence in a southerly direction and along the said western

 boundary of the province of Alberta to the section line which forms the north boundary of the 

sections comprising the most southerly two­thirds of the 37th township; thence easterly along the said 

section line which forms the north boundary of the sections comprising the most southerly two­thirds 

of the 37th townships to the North Saskatchewan river; thence along the said North Saskatchewan 

river down stream to its most northerly intersection with the meridian between the 24th and 25th

 ranges west of the 4th meridian; thence northerly along the said meridian between the 24th and 25th 

ranges to the point of commencement.

(

20) The electoral division of Edmonton City, comprising the city of Edmonton as incorporated by 

ordinance of the North­west Territories.

(21) The electoral division of Victoria, bounded as follows:--

Commencing at the 4th meridian where it is intersected by the North Saskatchewan river; thence 

northerly along the said 4th meridian to the north boundary of the 70th township; thence westerly 

along the said north boundary of the 70th townships to the meridian between the 10th and 11th

 ranges west of the 4th meridian; thence southerly along the said meridian between the 10th and 

11th ranges to the north boundary of the 58th township; thence westerly along the said north

boundary of the 58th townships to the North Saskatchewan river; thence along the said North 

Saskatchewan river up stream to the north boundary of the 53rd township; thence easterly along

 the said north boundary of the 53rd township to the meridian between the 19th and 20th ranges

 west of the 4th meridian; thence northerly along the said meridian between the 19th and 20th ranges

 to the north boundary of the 54th township; thence easterly along the said north boundary of the 

54th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence 

northerly along the said meridian between the 10th and 11th ranges to the North Saskatchewan river;

 thence along the said North Saskatchewan river down stream to the point of commencement.

 

22) The electoral division of Sturgeon, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges. west of the 4th meridian, where it is 

intersected by the north boundary of the 58th township; thence northerly along the said meridian 

between the 10th and 11th ranges to the north boundary of the 70th township; thence westerly 

along the said north boundary of the 70th townships to the meridian between the 24th and 25th 

ranges, west of the 4th meridian; thence southerly along the said meridian between the 24th and

 25th ranges to the North Saskatchewan river; thence along the said North Saskatchewan river 

down stream to the north boundary of the 58th township; thence easterly along the said north 

boundary of the 58th townships to the point of commencement. Excepting and reserving out of

 the said electoral division the city of Edmonton as incorporated by ordinance of the North­west 

Territories.

 

(23) The electoral division of Saint Albert, bounded as follows:--

Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where it 

is intersected by the north boundary of the 53rd township; thence northerly along the said meridian 

between the 24th and 25th ranges west of the 4th meridian to the north boundary of the 70th township;

 thence westerly along the said north boundary of the 70th townships to the western boundary of the 

province of Alberta; thence in a southerly direction and along the said western boundary of the

 province of Alberta to the north boundary of the 55th township; thence easterly along the said north 

boundary of the 55th township to the Indian Reserve Chief Alexander; thence southerly along

 the western boundary of the said Indian Reserve Chief Alexander to the south­west corner of the 

said reserve; thence easterly along the south boundary of the said Indian Reserve Chief Alexander

to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 

54th township; thence easterly along the said north boundary of the 54th township to the west 

boundary of the Indian Reserve Chief Michel Calahoo; thence southerly along the west boundary

 of the said Indian Reserve Chief Michel Calahoo to the south­west corner thereof; thence easterly

 along the south boundary of the said Indian Reserve Chief Michel Calahoo to the south­east corner 

thereof; thence in an easterly direction and along the southern limit of lots I, H, G, F, and E, in the

 Saint Albert settlement to the south­west corner of lot D in the said settlement; thence along the 

westerly and southerly shores of Big lake in a westerly, southerly and easterly direction to the rear 

line of lot 55 in the said Saint Albert settlement; thence in an easterly direction and along the rear line

 of lots fronting on the east side of the Sturgeon river in the said Saint Albert settlement to the north

 boundary of the 53rd township; thence easterly along the north boundary of the 53rd township 

to the point of commencement.

 

(24) The electoral division of Peace River, bounded as follows:--

Commencing at the meridian between the 19th and 20th ranges, west of the 5th meridian, 

where it is intersected by the north boundary of the 70th township; thence northerly along the 

said meridian between the 19th and 20th ranges to the north boundary of the 80th township;

 thence easterly along the said north boundary of the 80th townships to the meridian between the 

13th and 14th ranges, west of the 5th meridian; thence northerly along the said meridian between

 the 13th and 14th ranges to the north boundary of the 92nd township; thence easterly along the

 said north boundary of the 92nd townships to the meridian between the 20th and 21st ranges, 

west of the 4th meridian; thence northerly along the said meridian between the 20th and 21st

 ranges to the northern boundary of the province of Alberta; thence westerly along the said 

northern boundary of the province of Alberta to the north­west corner of the said province; 

thence in a southerly direction and along the western boundary of the said province of 

Alberta to the north boundary of the 70th township; thence easterly along the said north boundary

 of the 70th townships to the point of commencement.

 

(25) The electoral division of Athabaska, bounded as follows:--

Commencing at the eastern boundary of the province of Alberta where it is intersected by the

 north boundary of the 70th township; thence northerly along the said eastern boundary of the 

province of Alberta to the northern boundary of the said province; thence westerly along the 

said northern boundary of the province of Alberta to the meridian between the 20th and 21st 

ranges, west of the 4th meridian; thence southerly along the said meridian between the 20th and 

21st ranges to the north boundary of the 92nd township; thence westerly along the said north 

boundary of the 92nd townships to the meridian between the 13th and 14th ranges, west of the 

5th meridian; thence southerly along the said meridian between the 13th and 14th ranges, west 

of the 5th meridian to the north boundary of the 80th township; thence westerly along the said 

north boundary of the 80th townships to the meridian between the 19th and 20th ranges, west

 of the 5th meridian; thence southerly along the said meridian between the 19th and 20th ranges

 to the north boundary of the 70th township; thence easterly along the said north boundary of the

 70th townships to the point of commencement.

 
 
 
 

Saskatchewan Act

(THE SASKATCHEWAN ACT)

4-5 Edward VII, c. 42 (Canada)

An Act to establish and provide for the Government of the Province of Saskatchewan

[Assented to 20th July, 1905]

Whereas in and by the Constitution Act, 1871, being chapter 28 of the Acts of the Parliament of the 

United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late 

Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish

 new provinces in any territories forming for the time being part of the Dominion of Canada, but not 

included in any province thereof, and may, at the time of such establishment, make provision for the 

constitution and administration of any such province, and for the passing of laws for the peace,

 order and good government of such province and for its representation in the said Parliament of Canada;

 

And whereas it is expedient to establish as a province the territory hereinafter described, and to 

make provision for the government thereof and the representation thereof in the Parliament of Canada;

 

Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons

 of Canada, enacts as follows:-

1. This Act may be cited as the Saskatchewan Act.

2. The territory comprised within the following boundaries, that is to say, - commencing at the intersection 

of the international boundary dividing Canada from the United States of America by the west boundary 

of the province of Manitoba, thence northerly along the said west boundary of the province of Manitoba

to the north-west corner of the said province of Manitoba; thence continuing northerly along the

 centre of the road allowance between the twenty-ninth and thirtieth ranges west of the principal 

meridian in the system of Dominion lands surveys, as the said road allowance may hereafter be 

defined in accordance with the said system, to the second meridian in the said system of Dominion 

lands surveys, as the same may hereafter be defined in accordance with the said system; thence

 northerly along the said second meridian to the sixtieth degree of north latitude; thence westerly 

along the parallel of the sixtieth degree of north latitude to the fourth meridian in the said system 

of Dominion lands surveys, as the same may be hereafter defined in accordance with the said 

system; thence southerly along the said fourth meridian to the said international boundary dividing 

Canada from the United States of America; thence easterly along the said international boundary

 to the point of commencement, - is hereby established as a province of the Dominion of Canada, 

to be called and known as the province of Saskatchewan.

3. The provisions of the Constitution Acts, 1867 to 1886 shall apply to the province of

 Saskatchewan in the same way and to the like extent as they apply to the provinces heretofore 

comprised in the Dominion, as if the said province of Saskatchewan had been one of the provinces 

originally united, except in so far as varied by this Act and except such provisions as are in terms

 made, or by reasonable intendment may be held to be, specially applicable to or only to affect 

one or more and not the whole of the said provinces.

 

4. The said province shall be represented in the Senate of Canada by four members: Provided 

that such representation may, after the completion of the next decennial census, be from time to

 time increased to six by the Parliament of Canada.

5. The said province and the province of Alberta shall, until the termination of the Parliament of

 Canada existing at the time of the first readjustment hereinafter provided for, continue to be

 represented in the House of Commons as provided by chapter 60 of the statutes of 1903, each 

of the electoral districts defined in that part of the schedule to the said Act which relates to the 

North-west Territories, whether such district is wholly in one of the said provinces, or partly in 

one and partly in the other of them, being represented by one member.

6. (1) Upon the completion of the next quinquennial census for the said province, the representation

 thereof shall forthwith be readjusted by the Parliament of Canada in such manner that there shall

 be assigned to the said province such a number of members as will bear the same proportion to 

the number of its population ascertained at such quinquennial census as the number sixty-five bears

 to the number of the population of Quebec as ascertained at the then last decennial census; and

 in the computation of the number of members for the said province a fractional part not exceeding 

one-half of the whole number requisite for entitling the province to a member shall be disregarded, 

and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole 

number, and such readjustment shall take effect upon the termination of the Parliament then existing.

(2) The representation of the said province shall thereafter be readjusted from time to time according 

to the provisions of section 51 of the Constitution Act, 1867. 

 

7. Until the Parliament of Canada otherwise provides, the qualifications of voters for the election of 

members of the House of Commons and the proceedings at and in connection with elections of such 

members shall, mutatis mutandis, be those prescribed by law at the time this Act comes into force

 with respect to such elections in the North-west Territories.

 

8. The Executive Council of the said province shall be composed of such persons, under such 

designations, as the Lieutenant Governor from time to time thinks fit.

9. Unless and until the Lieutenant Governor in Council of the said province otherwise directs, 

by proclamation under the Great Seal, the seat of government of the said province shall be at Regina.

10. All powers, authorities and functions which under any law were before the coming into force of

 this Act vested in or exercisable by the Lieutenant Governor of the North-west Territories, with the 

advice, or with the advice and consent, of the Executive Council thereof, or in conjunction with that

 Council or with any member or members thereof, or by the said Lieutenant Governor individually, 

shall, so far as they are capable of being exercised after the coming into force of this Act in relation 

to the government of the said province, be vested in and shall or may be exercised by the Lieutenant

 Governor of the said province, with the advice or with the advice and consent of, or in conjunction

 with, the Executive Council of the said province or any member or members thereof, or by the 

Lieutenant Governor individually, as the case requires, subject nevertheless to be abolished or a

ltered by the Legislature of the said province.

11. The Lieutenant Governor in Council shall, as soon as may be after this Act comes into force, 

adopt and provide a Great Seal of the said province, and may, from time to time, change such seal.

12. There shall be a Legislature for the said province consisting of the Lieutenant Governor and one 

House, to be styled the Legislative Assembly of Saskatchewan.

13. Until the said Legislature otherwise provides, the Legislative Assembly shall be composed of

 twenty-five members, to be elected to represent .the electoral divisions defined in the schedule to 

this Act.

14. Until the said Legislature otherwise determines, all the provisions of the law with regard to the 

constitution of the Legislative Assembly of the North-west Territories and the election of members

 thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the 

election of members thereof respectively.

15. The writs for the election of the members of the first Legislative Assembly of the said province 

shall be issued by the Lieutenant Governor and made returnable within six months after this Act comes

 into force.

16. (1) All laws and all orders and regulations made thereunder, so far as they are not inconsistent 

with anything contained in this Act, or as to which this Act contains no provision intended as a

 substitute therefor, and all courts of civil and criminal jurisdiction, and all commissions, powers, 

authorities and functions, and all officers and functionaries, judicial, administrative and ministerial, 

existing immediately before the coming into force of this Act in the territory hereby established as 

the province of Saskatchewan, shall continue in the said province as if this Act and the Alberta Act

had not been passed; subject, nevertheless, except with respect to such as are enacted by or existing

 under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of 

Great Britain and Ireland, to be repealed, abolished or altered by the Parliament of Canada, or 

by the Legislature of the said province, according to the authority of the Parliament or of the said 

Legislature: Provided that all powers, authorities and functions which under any law, order or 

regulation were, before the coming into force of this Act, vested in or exercisable by any public 

officer or functionary of the North-west Territories shall be vested in and exercisable in and for the

 said province by like public officers and functionaries of the said province when appointed by 

competent authority.

(2) The Legislature of the province may, for all purposes affecting or extending to the said province, 

abolish the Supreme Court of the North-west Territories, and the offices, both judicial and ministerial,

 thereof, and the jurisdiction, powers and authority belonging or incident to the said court: Provided 

that, if upon such abolition the Legislature constitutes a superior court of criminal jurisdiction, the 

procedure in criminal matters then obtaining in respect of the Supreme Court of the Northwest

Territories shall, until otherwise provided by competent authority, continue to apply to such superior

 court and that the Governor in Council may at any time and from time to time declare all or any part 

of such procedure to be inapplicable to such superior court.

(3) All societies or associations incorporated by or under the authority of the Legislature of the

 North-west Territories existing at the time of the coming into force of this Act which include within 

their objects the regulation of the practice of, or the right to practice, any profession or trade in the

 North-west Territories, such as the legal or the medical profession, dentistry, pharmaceutical

 chemistry and the like, shall continue, subject, however, to be dissolved and abolished by order

 of the Governor in Council, and each of such societies shall have power to arrange for and effect the

 payment of its debts and liabilities, and the division, disposition or transfer of its property.

(4) Every joint-stock company lawfully incorporated by or under the authority of any ordinance

 of the North-west Territories shall be subject to the legislative authority of the province of

 Saskatchewan if -

 

    (a) the head office or the registered office of such company is at the time of the coming into

     force of this Act situate in the province of Saskatchewan; and

    (b) the powers and objects of such company are such as might be conferred by the Legislature 

    of the said province and not expressly authorized to be executed in any part of the North-west

     Territories beyond the limits of the said province.

17. Section 93 of the Constitution Act 1867 shall apply to the said province, with the substitution

 for paragraph (1) of the said section 93, of the following paragraph:-

"(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate 

schools which any class of persons have at the date of the passing of this Act, under the terms of

 chapters 29 and 30 of the Ordinances of the North-west Territories, passed in the year 1901, or

 with respect to religious instruction in any public or separate school as provided for in the said 

ordinances."

(2) In the appropriation by the Legislature or distribution by the Government of the province of 

any moneys for the support of schools organized and carried on in accordance with the said chapter 

29, or any Act passed in amendment be no discrimination against schools of any class described

 in the said chapter 29.

(3) Where the expression "by law" is employed in paragraph (3) of the said section 93, it shall be

 held to mean the law as set out in the said chapters 29 and 30; and where the expression

 "at the Union" is employed, in the said paragraph (3), it shall be held to mean the date at which 

this Act comes into force.

18. The following amounts shall be allowed as an annual subsidy to the province of Saskatchewan, 

and shall be paid by the Government of Canada, by half-yearly installments in advance, to the said 

province, that is to say: -

 

    (a) for the support of the Government and Legislature, fifty thousand dollars;

    (b) on an estimated population of two hundred and fifty thousand, at eighty cents per head, 

    two hundred thousand dollars, subject to be increased as hereinafter mentioned, that is to say: -

     a census of the said province shall be taken in every fifth year reckoning from the general

     census of one thousand nine hundred and one, and an approximate estimate of the population

     shall be made at equal intervals of time between each quinquennial and decennial census; 

    and whenever the population, by any such census or estimate, exceeds two hundred and

     fifty thousand, which shall be the minimum on which the said allowance shall be calculated,

     the amount of the said allowance shall be increased accordingly, and so on until the

     population has reached eight hundred thousand souls.

19. Inasmuch as the said province is not in debt, it shall be entitled to be paid and to receive

 from the Government of Canada, by half-yearly payments in advance, an annual sum of four 

hundred and five thousand three hundred and seventy-five dollars, being the equivalent of 

interest at the rate of five per cent per annum on the sum of eight million one hundred and seven 

thousand five hundred dollars.

 

20. (1) Inasmuch as the said province will not have the public land as a source of revenue, there 

shall be paid by Canada to the province by half-yearly payments, in advance, an annual sum 

based upon the population of the province as from time to time ascertained by the quinquennial 

census thereof, as follows: -

The population of the said province being assumed to be at present two hundred and fifty thousand, 

the sum payable until such population reaches four hundred thousand, shall be three hundred and 

seventy-five thousand dollars;

Thereafter, until such population reaches eight hundred thousand, the sum payable shall be five 

hundred and sixty-two thousand five hundred dollars;

Thereafter, until such population reaches one million two hundred thousand, the sum payable 

shall be seven hundred and fifty thousand dollars;

And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars.

(2) As an additional allowance in lieu of public lands, there shall be paid by Canada to the province 

annually by half-yearly payments, in advance, for five years from the time this Act comes into force, 

to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven 

hundred and fifty dollars.

 

21. All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown

 in the waters within the province under The North-west Irrigation Act, 1898, shall continue to be

 vested in the Crown and administered by the Government of Canada for the purposes of Canada, 

subject to the provisions of any Act of the Parliament of Canada with respect to road allowances 

and roads or trails in force immediately before the coming into force of this Act, which shall apply 

to the said province with the substitution therein of the said province for the North-west Territories.

22. All properties and assets of the Northwest Territories shall be divided equally between the 

said province and the province of Alberta, and the two provinces shall be jointly and equally

 responsible for all debts and liabilities of the North-west Territories: Provided that, if any 

difference arises as to the division and adjustment of such properties, assets, debts and liabilities,

 such difference shall be referred to the arbitrament of three arbitrators, one of whom shall be

 chosen by the Lieutenant Governor in Council of each province, and the third by the Governor 

in Council. The selection of such arbitrators shall not be made until the Legislatures of the 

provinces have met, and the arbitrator chosen by Canada shall not be a resident of either province.

23. Nothing in this Act shall in any way prejudice or affect the rights or properties of the Hudson's 

Bay Company as contained in the conditions under which that company surrendered Rupert's 

Land to the Crown.

24. The powers hereby granted to the said province shall be exercised subject to the provisions 

of section 16 of the contract set forth in the schedule to chapter 1 of the statutes of 1881, 

being an Act respecting the Canadian Pacific Railway Company.

25. This Act shall come into force on the first day of September, one thousand nine hundred and five.

SCHEDULE

(Section 13)

The province of Saskatchewan shall be divided into twenty­five electoral divisions which shall 

respectively comprise and consist of the parts and portions of the province hereinafter described.

In the following descriptions where "meridians between ranges'' and "boundaries of townships" or 

' 'boundaries of sections" are referred to as the boundaries of electoral divisions, these expressions 

mean the meridians, boundaries of townships or boundaries of sections, as the case may be, in 

accordance with the Dominion lands system of surveys, and include the extension thereof in 

accordance with the said system.

Names and Descriptions of Divisions

(1) The electoral division of Souris, bounded as follows:--

Commencing at the south­east corner of the said province of Saskatchewan; thence northerly along 

the east boundary of the said province of Saskatchewan to the north boundary of the 6th township;

 thence westerly along the said north boundary of the 6th townships to the meridian between the 10th

 and 11th ranges, west of the 2nd meridian; thence southerly along the said meridian between the 

10th and 11th ranges to the southern boundary of the said province of Saskatchewan; thence easterly 

along the said southern boundary of the province of Saskatchewan to the point of commencement.

 

(2) The electoral division of Cannington, bounded as follows:--

Commencing at the intersection of the eastern boundary of the said province of Saskatchewan by the

 north boundary of the 6th township; thence northerly along the said eastern boundary of the

 province of Saskatchewan to the north boundary of the 11th township; thence westerly along the

 said north boundary of the 11th townships to the meridian between the 10th and 11th ranges, 

west of the 2nd meridian; thence southerly along the said meridian between the 10th and 11th 

ranges to the north boundary of the 6th township; thence easterly along the said north boundary 

of the 6th townships to the point of commencement.

 

3) The electoral division of Moosomin, bounded as follows:--

Commencing at the intersection of the eastern boundary of the said province of Saskatchewan by

 the north boundary of the 11th township; thence northerly along the said eastern boundary of the 

province of Saskatchewan to the north boundary of the 19th township; thence westerly along the 

said north boundary of the 19th townships to the 2nd meridian; thence southerly along the said 2nd

 meridian to the north boundary of the 11th township; thence easterly along the said north boundary 

of the 11th townships to the point of commencement.

 

(4) The electoral division of Whitewood, bounded as follows:--

Commencing at the 2nd meridian where it is intersected by the north boundary of the 11th township;

 thence northerly along the said 2nd meridian to the north boundary of the 20th township; thence

 westerly along the said north boundary of the 20th townships to the meridian between the 4th and 

5th ranges, west of the 2nd meridian; thence southerly along the said meridian between the 4th and 

5th ranges to the north boundary of the 11th township; thence easterly along the said north boundary

 of the 11th townships to the point of commencement.

 

(5) The electoral division of Grenfell, bounded as follows:--

Commencing at the meridian between the 4th and 5th ranges, west of the 2nd meridian, where it is 

intersected by the north boundary of the 11th township; thence northerly along the said meridian

 between the 4th and 5th ranges to the north boundary of the 20th township; thence westerly along 

the said north boundary of the 20th townships to the meridian between the 6th and 7th ranges, 

west of the 2nd meridian; thence northerly along the said meridian between the 6th and 7th ranges 

to the north boundary of the 21st township; thence westerly along the said north boundary of the 

21st township to the meridian between the 7th and 8th ranges, west of the 2nd meridian; thence 

northerly along the said meridian between the 7th and 8th ranges to the north boundary of the 

22nd township; thence westerly along the said north boundary of the 22nd township to the meridian 

between the 8th and 9th ranges, west of the 2nd meridian; thence southerly along the said meridian

 between the 8th and 9th ranges to the north boundary of the 11th township; thence easterly 

along the north boundary of the 11th townships to the point of commencement.

(6) The electoral division of Wolseley, bounded as follows:--

Commencing at the meridian between the 8th and 9th ranges, west of the 2nd meridian, where 

it is intersected by the north boundary of the 11th township; thence northerly along the said meridian

 between the 8th and 9th ranges to the north boundary of the 22nd township; thence westerly along 

the said north boundary of the 22nd townships to the meridian between the 10th and 11th ranges,

 west of the 2nd meridian; thence southerly along the said meridian between the 10th and 11th ranges 

to the north boundary of the 19th township; thence westerly along the said north boundary of the 

19th township to the meridian between the 11th and 12th ranges, west of the 2nd meridian; thence

 southerly along the said meridian between the 11th and 12th ranges to the north boundary of the

11th township; thence easterly along the said north boundary of the 11th townships to the point of 

commencement.

 

(7) The electoral division of Saltcoats, bounded as follows:--

Commencing at the intersection of the eastern boundary of the said province of Saskatchewan by

 the north boundary of the 19th township; thence northerly along the said eastern boundary of the

 province of Saskatchewan to the north boundary of the 34th township; thence westerly along the

 said north boundary of the 34th townships to the meridian between the 3rd and (l 4th ranges,

 west of the 2nd meridian; thence southerly along the said meridian between the 3rd and 4th 

ranges to the north boundary of the 20th township; thence easterly along the said north boundary 

of the 20th townships to the 2nd meridian; thence southerly along the said 2nd meridian to the

 north boundary of the 19th township; thence easterly along the said north boundary of the 19th 

townships to the point of commencement.

 

(8) The electoral division of Yorkton, bounded as follows:--

Commencing at the meridian between the 3rd and 4th ranges, west of the 2nd meridian, where it is 

intersected by the north boundary of the 20th township; thence northerly along the said meridian 

between the 3rd and 4th ranges to the north boundary of the 34th township; thence westerly along the 

said north boundary of the 34th townships to the meridian between the 10th and 11th ranges, west of

 the 2nd meridian; thence southerly along the said meridian between the 10th and 11th ranges to 

the north boundary of the 22nd township; thence easterly along the said north boundary of the 22nd 

townships to the meridian between the 7th and 8th ranges, west of the 2nd meridian; thence southerly

 along the said meridian between the 7th and 8th ranges to the north boundary of the 21st township; 

thence easterly along the said north boundary of the 21st township to the meridian between the 

6th and 7th ranges, west of the 2nd meridian; thence southerly along the said meridian between the

 6th and 7th ranges to the north boundary of the 20th township; thence easterly along the said 

north boundary of the 20th townships to the point of commencement.

 

(9) The electoral division of South Qu'Appelle, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 2nd meridian, where

 it is intersected by the southern boundary of the said province of Saskatchewan; thence northerly

 along the said meridian between the 10th and 11th ranges to the north boundary of the 11th 

township; thence westerly along the said north boundary of the 11th township to the meridian 

between the 11th and 12th ranges, west of the 2nd meridian; thence northerly along the said meridian 

between the 11th and 12th ranges to the north boundary of the 19th township; thence westerly

 along the said north boundary of the 19th townships to the meridian between the 16th and 17th

 ranges, west of the 2nd meridian; thence southerly along the said meridian between the 16th and 

17th ranges to the southern boundary of the said province of Saskatchewan; thence easterly along

 the said southern boundary of the province of Saskatchewan to the point of commencement.

 

(10) The electoral division of North Qu'Appelle, bounded as follows:--

Commencing at the meridian between the 10th and 11th ranges, west of the 2nd meridian,

 where it is intersected by the north boundary of the 19th township; thence northerly along the

 said meridian between the 10th and 11th ranges to the north boundary of the 34th township; 

thence westerly along the said north boundary of the 34th townships to the meridian between the 

16th and 17th ranges. west of the 2nd meridian; thence southerly along the said meridian between

 the 16th and 17th ranges to the north boundary of the 19th township; thence easterly along 

the said north boundary of the 19th townships to the point of commencement.

 

(11) The electoral division of South Regina, bounded as follows:--

Commencing at the meridian between the 16th and 17th ranges, west of the 2nd meridian, where

 it is intersected by the southern boundary of the said province of Saskatchewan; thence northerly 

along the said meridian between the 16th and 17th ranges to where it is intersected by the centre 

of the track of the main line of the Canadian Pacific Railway; thence westerly along the said centre 

of the track of the main line of the Canadian Pacific Railway to where it is first intersected by the

 north boundary of the 17th township; thence westerly along the said north boundary of the 17th 

townships to the meridian between the 23rd and 24th ranges, west of the 2nd meridian; thence 

southerly along the said meridian between the 23rd and 24th ranges to the southern boundary 

of the said province of Saskatchewan; thence easterly along the said southern boundary of the

 province of Saskatchewan to the point of commencement. Excepting and reserving out of the 

said electoral division of South Regina all that portion thereof comprised within the limits of the

 city of Regina as incorporated by ordinance of the North­west Territories.

 

(12) The electoral division of Regina City, comprising the city of Regina as incorporated by

 ordinance of the North­west Territories.

 

(13) The electoral division of Lumsden, bounded as follows:--

Commencing at the meridian between the 16th and 17th ranges, west of the 2nd meridian, where it is 

intersected by the centre of the track of the main line of the Canadian Pacific Railway; thence northerly

along the said meridian between the 16th and 17th ranges to the north boundary of the 34th township;

 thence westerly along the said north boundary of the 34th townships to the meridian between the 

23rd and 24th ranges, west of the 2nd meridian; thence southerly along the said meridian between

 the 23rd and 24th ranges to the point where it is first intersected by the east shore of Last Mountain

 lake, thence southerly along the said east shore of the said lake to its intersection with the meridian 

between the 23rd and '4th ranges in township 24; thence southerly along the said meridian between

 the 23rd and 24th ranges to the north boundary of the 17th township; thence easterly along the 

said north boundary of the 17th townships to where it is first intersected by the centre of the track

 of the main line of the Canadian Pacific Railway; thence easterly along the said centre of the track 

of the main line of the Canadian Pacific Railway to the point of commencement.

 

(14) The electoral division of Moosejaw, bounded as follows:--

Commencing at the meridian between the 23rd and '4th ranges, west of the 2nd meridian, where

 it is intersected by the southern boundary of the said province of Saskatchewan; thence northerly

 along the said meridian between the 23rd and 24th ranges to the point where the said meridian

 intersects the east shore of Last Mountain lake in township '1; thence northerly along the said east

 shore of Last Mountain lake to its intersection with the northern boundary of township 26, thence 

westerly along the said north boundary of the 26th townships to the meridian between the 7th and 

8th ranges, west of the 3rd meridian; thence southerly along the said meridian between the 7th and

 8th ranges to the southern boundary of the said province of Saskatchewan; thence easterly along

 the said southern boundary of the province of Saskatchewan to the point of commencement; 

excepting and reserving out of the said electoral division of Moosejaw all that portion thereof 

comprised within the limits of the city of Moosejaw as incorporated by ordinance of the 

North­west Territories.

(15) The electoral division of Moosejaw City, comprising the city of Moosejaw as incorporated by 

ordinance of the North­west Territories.

(16) The electoral division of Maple Creek, bounded as follows:--

Commencing at the meridian between the 7th and 8th ranges, west of the 3rd meridian, where it is

 intersected by the southern boundary of the said province of Saskatchewan; thence northerly along 

the said meridian between the 7th and 8th ranges to the north boundary of the 26th township; thence

 westerly along the said north boundary of the 26th townships to the western boundary of the said 

province of Saskatchewan; thence southerly along the said western boundary of the province of

 Saskatchewan to the southern boundary of the said province of Saskatchewan; thence easterly 

along the said southern boundary of the province of Saskatchewan to the point of commencement.

 

(17) The electoral division of Humboldt, bounded as follows:--

Commencing at the intersection of the eastern boundary of the said province of Saskatchewan

 by the north boundary of the 34th township; thence northerly along the said eastern boundary of

the province of Saskatchewan to the north boundary of the 42nd township; thence westerly along

 the said north boundary of the 42nd townships to the meridian between the 24th and 25th ranges,

 west of the 2nd meridian; thence southerly along the said meridian between the 24th and 25th 

ranges to the north boundary of the 34th township; thence easterly along the said north boundary 

of the 34th townships to the point of commencement.

 

(18) The electoral division of Kinistino, bounded as follows:--

Commencing at the intersection of the eastern boundary of the said province of Saskatchewan 

by the north boundary of the 42nd township; thence northerly along the said eastern boundary 

of the province of Saskatchewan to the north­east corner of the said province; thence westerly 

along the northern boundary of the said province of Saskatchewan to the meridian between the

 24th and 25th ranges, west of the 2nd meridian; thence southerly along the said meridian between

 the 24th and 25th ranges to the north limit of the Indian Reserve Chief Muskoday; thence easterly 

along the said north limit of the Indian Reserve Chief Muskoday to the South Saskatchewan river;

 thence along the South Saskatchewan river up stream to the north boundary of the 45th township; 

thence easterly along the said north boundary of the 45th townships to the meridian between the 

24th and 25th ranges, west of the 2nd meridian; thence southerly along the said meridian between

 the 24th and 25th ranges, to the north boundary of the 42nd township; thence easterly along the 

said north boundary of the 42nd townships to the point of commencement.

 

(19) The electoral division of Prince Albert, bounded as follows:--

Commencing at the meridian between the 24th and 25th ranges, west of the 2nd meridian, where 

it is intersected by the northern boundary of the said province of Saskatchewan; thence westerly 

along the said northern boundary of the province of Saskatchewan to the meridian between the 5th 

and 6th ranges, west of the 3rd meridian; thence southerly along the said meridian between the 5th 

and 6th ranges to the north boundary of the 47th township; thence easterly along the said north 

boundary of the 47th townships to the meridian between the first and 2nd ranges, west of the 3rd

 meridian; thence southerly along the said meridian between the 1st and 2nd ranges to the north

 boundary of the 46th township; thence easterly along the said north boundary of the 46th 

townships to the 3rd meridian; thence southerly along the said 3rd meridian to the South 

Saskatchewan river; thence along the said South Saskatchewan river down stream to the north 

limit of the Indian Reserve Chief Muskoday; thence westerly along the said north limit of the Indian

 Reserve Chief Muskoday to the meridian between the 24th and 25th ranges, west of the 2nd

 meridian; thence northerly along the said meridian between the 24th and 25th ranges to the 

point of commencement; excepting and reserving out of the said electoral division all those 

portions described as follows:--

 

Firstly, the city of Prince Albert as incorporated by ordinance of the North­west Territories;

and

Secondly, those portions of lots 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 and 82 

of the Prince Albert settlement which lie to the south of the said city of Prince Albert as incorporated 

and that portion of the Hudson Bay reserve outside of and adjoining the said city on the east and 

south and which lies to the north of the production in a straight line easterly of the southern

 boundary of the said lot 82 in the Prince Albert settlement; and

 

Thirdly, fractional sections 13 and 24 in the 48th township in the 26th range west of the 

2nd meridian.

 

(20)The electoral division of Prince Albert City, comprising:--

Firstly, the city of Prince Albert as incorporated by ordinance of the North­west Territories; 

and

Secondly, those portions of lots 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 and 82 

of the Prince Albert settlement which lie to the south of the said city of Prince Albert as 

incorporated and that portion of the Hudson Bay reserve outside of and adjoining the said city

 on the east and south and which lies to the north of the production in a straight line easterly 

of the southern boundary of the said lot 82 in the Prince Albert settlement; and

 

Thirdly, fractional sections 13 and 24 in the 48th township in the 26th range west of the 

2nd meridian.

 

(21) The electoral division of Batoche, bounded as follows:--

Commencing at the meridian between the 23rd and 24th ranges, west of the 2nd meridian, 

where it is intersected by the north boundary of the 26th township; thence northerly along the 

said meridian between the 23rd and 24th ranges to the north boundary of the 34th township; 

thence westerly along the said north boundary of the 34th township to the meridian between the 

24th and 25th ranges, west of the 2nd meridian; thence northerly along the said meridian between 

the 24th and 25th ranges to the north boundary of the 45th township; thence westerly along the

 said north boundary of the 45th townships to where it first intersects the South Saskatchewan 

river; thence along the said South Saskatchewan river up stream to the north boundary of the

 40th township; thence easterly along the said north boundary of the 40th townships to the 

meridian between the 1st and 2nd ranges, west of the 3rd meridian; thence southerly along 

the said meridian between the 1st and 2nd ranges to the north boundary of the 26th township; 

thence easterly along the said north boundary of the 26th townships to the point of commencement.

 

(22) The electoral division of Saskatoon, bounded as follows:--

Commencing at the meridian between the 1st and 2nd ranges. west of the 3rd meridian, where it is

 intersected by the north boundary of the 26th township; thence northerly along the said meridian 

between the 1st and 2nd ranges to the north boundary of the 40th township; thence westerly along

 the said north boundary of the 40th township to the South Saskatchewan river; thence along the

 said South Saskatchewan river down stream to the north boundary of the 41st township; thence 

westerly along the said north boundary of the 41st townships to the North Saskatchewan river;

 thence along the said North Saskatchewan river up stream to the meridian between the 13th 

and 14th ranges west of the 3rd meridian; thence southerly along the said meridian between the 

13th and 14th ranges to the north boundary of the 26th township; thence easterly along the said 

north boundary of the 26th townships to the point of commencement.

 

(23) The electoral division of Rosthern bounded as follows:--

Commencing at the north boundary of the 41st township where it is intersected by the South 

Saskatchewan river; thence along the said South Saskatchewan river down stream to the 3rd

 meridian; thence northerly along the said 3rd meridian to the north boundary of the 46th 

ownship; thence westerly along the said north boundary of the 46th township to the meridian 

between the 1st and 2nd ranges, west of the 3rd meridian; thence northerly along the said 

meridian between the 1st and 2nd ranges to the north boundary of the 47th township; thence 

westerly along the said north boundary of the 47th townships to the meridian between the 5th 

and 6th ranges, west of the 3rd meridian; thence southerly along the said meridian between the

 5th and 6th ranges to the North Saskatchewan river; thence along the said North Saskatchewan 

river up stream to the north boundary of the 41st township; thence easterly along the said north 

boundary of the 41st townships to the point of commencement.

 

(24) The electoral division of Redberry, bounded as follows:--

Commencing at the meridian between the 5th and 6th ranges, west of the 3rd meridian, where it 

is intersected by the North Saskatchewan river; thence northerly along the said meridian between 

the 5th and 6th ranges, to the northern boundary of the said province of Saskatchewan; thence 

westerly along the said northern boundary of the province of Saskatchewan to the meridian 

between the 13th and 14th ranges, west of the 3rd meridian; thence southerly along the said 

meridian between the 13th and 14th ranges, to the North Saskatchewan river; thence along 

the said North Saskatchewan river down stream to the point of commencement.

 

(25) The electoral division of Battleford, bounded as follows:--

Commencing at the meridian between the 13th and 14th ranges, west of the 3rd meridian, 

where it is intersected by the north boundary of the 26th township; thence northerly along the

 said meridian between the 13th and 14th ranges, to the northern boundary of the said province 

of Saskatchewan; thence westerly along the said northern boundary of the province of Saskatchewan 

to the western boundary of the said province of Saskatchewan; thence southerly along the said 

western boundary of the province of Saskatchewan to the north boundary of the 26th township;

 thence easterly along the said north boundary of the 26th townships to the point of commencement.



  
 

THE BRITISH NORTH AMERICA ACT, 1907
(7 Edward VII, c. 11)

An Act to make further provision with respect to the sums to be paid
by Canada to the several provinces of the Dominion.


9th August, 1907

Whereas an address has been presented to His Majesty by the Senate
and Commons of Canada in the terms set forth in the schedule of this
Act:

Be it enacted by the King'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:--

1. (1) The following grants shall be made yearly by Canada to
every province, which at the commencement of this Act is a province of
the Dominion, for its local purposes and the support of its Government
and Legislature:
(a) A fixed grant --
Where the population of the province is under one hundred and
fifty thousand, of one hundred thousand dollars;
Where the population of the province is one hundred and fifty
thousand, but does not exceed two hundred thousand, of one hundred and
fifty thousand dollars;
Where the population of the province is two hundred thousand, but
does not exceed four hundred thousand, of one hundred and eighty
thousand dollars;
Where the population of the province is four hundred thousand, but
does not exceed eight hundred thousand, of one hundred and ninety
thousand dollars;
Where the population of the province is eight hundred thousand, but
does not exceed one million five hundred thousand, of two hundred and
twenty thousand dollars;
Where the population of the province exceeds one million five
hundred thousand, of two hundred and forty thousand dollars; and

(b) Subject to the special provisions of this Act as to the
provinces of British Columbia and Prince Edward Island, a grant at the
rate of eight cents per head of the population of the province up to
the number of two million five hundred thousand, and at the rate of
sixty cents per head of so much of the population as exceeds that
number.

(2) An additional grant of one hundred thousand dollars shall be
made yearly to the province of British Columbia for a period of ten
years from the commencement of this Act.

(3) The population of a province shall be ascertained from time to
time in the case of provinces of Manitoba, Saskatchewan, and Alberta
respectively by the last quinquennial census of statutory estimate of
population made under the Acts establishing those provinces of any
other Act of the Parliament of Canada, making provision for the
purpose, and in the case of any other province by the last decennial
census for the time being.

(4) The grants payable under this Act shall be paid half-yearly in
advance to each province.

(5) The grants payable under this Act shall be substituted for the
grants and subsidies (in this Act referred to as existing grants)
payable for the like purposes at the commencement of this Act to the
several provinces of the Dominion under the provisions of section one
hundred and eighteen of the British North America Act, 1867, or of any
Order in Council establishing a province, or of any Act of the
Parliament of Canada containing directions for the payment of any such
grant or subsidy and those provisions shall cease to have effect.

(6) The Government of Canada shall have the same power of deducting
sums charged against a province on account of the interest of public
debt in the case of the grant payable under this Act to the province
as they have in the case of the existing grant.

(7) Nothing in this Act shall affect the obligation of the
Government of Canada to pay to any province any grant which is payable
to that province other than the existing grant for which the grant
under this Act is substituted.

(8) In the case of the provinces of British Columbia and Prince
Edward Island, the amount paid on account of the grant payable per
head of the population to the provinces under this act shall not at
any time be less than the amount of corresponding grant payable at the
commencement of this Act; and if it is found on any decennial census
that the population of the province has decreased since the last
decennial census, the amount paid on account of the grant shall not be
decreased below the amount then payable, notwithstanding the decrease
of the population.

2. This Act may be cited as the British North America Act, 1907,
and shall take effect as from the first of July nineteen hundred and
seven.

 

 

 

 

THE BRITISH NORTH AMERICA ACT, 1915
(5 and 6 George V, c. 45)


19th May, 1915

Be it enacted by the King'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:

1. -- (1) Notwithstanding anything in the British North American
Act, 1867, or in any Act amending the same, or in any Order in Council
or terms or conditions of union made or approved under said Acts or in
any Act of the Canadian Parliament --
(i) The number of senators provided for under section twenty-one of
the British North America Act, 1867, is increased from seventy-two to
ninety-six:
(ii) The Divisions of Canada in relation to the constitution of the
Senate provided for by section twenty-two of the said Act are
increased from three to four, the fourth Division to comprise the
Western Provinces of Manitoba, British Columbia, Saskatchewan, and
Alberta, which four Divisions shall (subject to the provisions of the
said Act and of this Act) be equally represented in the Senate as
follows: Ontario by twenty-four senators; Quebec by twenty-four
senators; the Maritime Provinces and Prince Edward Island by
twenty-four senators, ten thereof representing Nova Scotia, ten
thereof representing New Brunswick, and four thereof representing
Prince Edward Island; the Western provinces by twenty-four senators,
six thereof representing Manitoba, six thereof representing British
Columbia, six thereof representing Saskatchewan, and six thereof
representing Alberta:
(iii) The number of persons whom by section twenty-six of the said
Act the Governor-General of Canada, may, upon the direction of His
Majesty the King, add to the Senate is increased from three to six to
four or eight, representing equally the four Divisions of Canada:
(iv) In case of such addition being at any time made the
Governor-General of Canada shall not summon any person to the Senate
except upon a further like direction by His Majesty the King on the
like recommendation to represent one of the four Divisions until such
Division is represented by twenty-four senators and no more:
(v) The number of senators shall not at any time exceed one hundred
and four:
(vi) The representation in the Senate to which by section one
hundred and forty-seven of the British North America Act, 1867,
Newfoundland would be entitled, in case of its admission to the Union,
is increased from four to six members, and in case of the admission of
Newfoundland until the Union, notwithstanding anything said in the
said Act or in this Act, the normal number of senators shall be one
hundred and two, and their maximum number one hundred and ten:
(vii) Nothing herein contained shall affect the powers of the
Canadian Parliament under the British North America Act, 1886.

(2) Paragraphs (1) to (vi) inclusive of subjection (1) of this
section shall not take effect before the termination of the now
existing Canadian parliament.


2. The British North America Act, 1867, is amended by adding
thereto the following section immediately after section fifty-one of
the said Act:
51A. Notwithstanding anything in this Act, a province shall always
be entitled to a number of members in the House of Commons not less
than the number of senators representing such province.

3. This Act may be cited as the British North America Act, 1915;
and the British North America Acts, 1867 to 1886, and this Act may be
cited together as the British North America Acts, 1867 to 1915.

 

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