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.
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
(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.
(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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