Subjects of exclusive provincial legislation the class of matters of a local or private nature comprised in the enumeration of the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces. Exclusive Powers of Provincial Legislatures. 92. In each province the Legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated, that is to say: 1. The amendment from time to time notwithstanding anything in this Act of the constitution of the province except as regards the office of lieutenant governor; 2. Direct taxation within the province in order to the raising of a revenue for provincial purposes; 3. The borrowing of money on the sole credit of the province; 4. The establishment and tenure of provincial offices and the appointment and payment of provincial officers; 5. The management and sale of the public lands belonging to the province and of the timber and wood thereon; 6. The establishment, maintenance and management of public and reformatory prisons in and for the province; 7. The establishment, maintenance and management of hospitals, asylums, charities and eleemosynary institutions in and for the province other than marine hospitals; 8. Municipal institutions in the province; 9. Shop, saloon, tavern, auctioneer and other licenses in order to the raising of a revenue for provincial, local or municipal purposes; 10. Local works and undertakings other than such as are of the following classes: (a) Lines of steam or other ships, railways, canals, tele- (c) Such works as although wholly situate within the 11. The incorporation of companies with provincial objects; 12. The solemnisation of marriage in the province; 13. Property and civil rights in the province; 14. The administration of justice in the province, including the constitution, maintenance and organisation of provincial courts both of civil and of criminal jurisdiction and including procedure in civil matters in those courts; 15. The imposition of punishment by fine, penalty or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section; 16. Generally all matters of a merely local or private nature in the province; Education. 93. In and for each province the Legislature may exclu Legislation sively make laws in relation to education subject and accord-education ing to the following provisions: 1. Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the province at the Union; 2. All the powers, privileges and duties at the Union by law conferred and imposed in Upper Canada on the separate schools and school trustees of the Queen's Roman Catholic subjects shall be and the same are hereby extended to the dissentient schools of the Queen's Protestant and Roman Catholic subjects in Quebec; 3. Where in any province a system of separate or dissentient schools exists by law at the Union or is thereafter established by the Legislature of the province an appeal shall lie to the Governor General in Council from any Act or decision of any provincial authority affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to education; 4. In case any such provincial law as from time to time seems to the Governor General in Council requisite for the due execution of the provisions of this section is not made or in case any decision of the Governor General in Council on any appeal under this section is not duly executed by the proper provincial authority in that behalf then and in every such case and as far only as the circumstances of each case require the Parliament of Canada may make remedial laws for the due execution of the provisions of this section and of any decision of the Governor General in Council under this section. Uniformity of Laws in Ontario, Nova Scotia and New Brunswick. 94. Notwithstanding anything in this Act the Parliament Legislation of Canada may make provision for the uniformity of all or formity of XXV for uni laws in three provinces Concurrent powers of legislation respecting agriculture, etc. Appointment of judges Selection of judges in any of the laws relative to property and civil rights in Ontario, Nova Scotia and New Brunswick and of the procedure of all or any of the courts in those three provinces, and from and after the passing of any Act in that behalf the power of the Parliament of Canada to make laws in relation to any matter comprised in any such Act shall notwithstanding anything in this Act be unrestricted; but any Act of the Parliament of Canada making provision for such uniformity shall not have effect in any province unless and until it is adopted and enacted as law by the Legislature thereof. Agriculture and Immigration. 95. In each province the Legislature may make laws in relation to agriculture in the province and to immigration into the province and it is hereby declared that the Parliament of Canada may from time to time make laws in relation. to agriculture in all or any of the provinces and to immigration into all or any of the provinces; and any law of the Legislature of a province relative to agriculture or to immigration shall have effect in and for the province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. VII. JUDICATURE. 96. The governor general shall appoint the judges of the superior, district and county courts in each province except those of the courts of probate in Nova Scotia and New Brunswick. 97. Until the laws relative to property and civil rights in Ontario, etc. Ontario, Nova Scotia and New Brunswick and the procedure of the courts in those provinces are made uniform the judges. of the courts of those provinces appointed by the governor general shall be selected from the respective bars of those provinces. Selection of judges in Quebec Tenure of office of judges of superior courts Salaries, etc. of judges 98. The judges of the courts of Quebec shall be selected from the bar of that province. 99. The judges of the superior courts shall hold office during good behaviour but shall be removable by the governor general on address of the Senate and House of Commons. 100. The salaries, allowances and pensions of the judges of the superior, district and county courts (except the courts of probate in Nova Scotia and New Brunswick) and of the admiralty courts in cases where the judges thereof are for the time being paid by salary shall be fixed and provided by the Parliament of Canada. court of 101. The Parliament of Canada may notwithstanding any- General thing in this Act from time to time provide for the con-appeal, etc. stitution, maintenance and organisation of a general court of appeal for Canada and for the establishment of any additional courts for the better administration of the laws of Canada. VIII. REVENUES, DEBTS, ASSETS, TAXATION. revenue fund 102. All duties and revenues over which the respective creation of Legislatures of Canada, Nova Scotia and New Brunswick consolidated before and at the Union had and have power of appropriation except such portions thereof as are by this Act reserved to the respective Legislatures of the provinces or are raised by them in accordance with the special powers conferred on them by this Act shall form one consolidated revenue fund to be appropriated for the public service of Canada in the manner and subject to the charges in this Act provided. collection, 103. The consolidated revenue fund of Canada shall be Expenses of permanently charged with the costs, charges and expenses etc. incident to the collection, management and receipt thereof and the same shall form the first charge thereon subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides. 104. The annual interest of the public debts of the several Interest of provincial Provinces of Canada, Nova Scotia and New Brunswick at the public debts Union shall form the second charge on the consolidated revenue fund of Canada. Governor 105. Unless altered by the Parliament of Canada the salary of salary of the governor general shall be ten thousand pounds General sterling money of the United Kingdom of Great Britain and Ireland payable out of the consolidated revenue fund of Canada and the same shall form the third charge thereon. tion from 106. Subject to the several payments by this Act charged Appropriaon the consolidated revenue fund of Canada the same shall be time to time appropriated by the Parliament of Canada for the public service. 107. All stocks, cash, banker's balances and securities for Transfer of money belonging to each province at the time of the Union stocks, etc. except as in this Act mentioned shall be the property of Canada and shall be taken in reduction of the amount of the respective debts of the provinces at the Union. Transfer of property in schedule Property in lands, mines, etc. Assets connected with pro vincial debts Canada to be liable for provincial debts Debts of Assets of 108. The public works and property of each province enumerated in the third schedule to this Act shall be the property of Canada. 109. All lands, mines, minerals and royalties belonging to the several provinces of Canada, Nova Scotia and New Brunswick at the Union and all sums then due or payable for such lands, mines, minerals or royalties shall belong to the several provinces of Ontario, Quebec, Nova Scotia and New Brunswick in which the same are situate or arise subject to any trusts existing in respect thereof and to any interest other than that of the province in the same. 110. All assets connected with such portions of the public debt of each province as are assumed by that province shall belong to that province. 111. Canada shall be liable for the debts and liabilities of each province existing at the Union. 112. Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the debt of the Province of Canada exceeds at the Union sixty-two million five hundred thousand dollars and shall be charged with interest at the rate of five per centum per annum thereon. 113. The assets enumerated in the fourth schedule to this and Quebec Act belonging at the Union to the Province of Canada shall be the property of Ontario and Quebec conjointly. Debt of Debt of New Payment of interest to Nova Scotia and New Brunswick 114. Nova Scotia shall be liable to Canada for the amount (if any) by which its public debt exceeds at the Union eight million dollars and shall be charged with interest at the rate of five per centum per annum thereon. 115. New Brunswick shall be liable to Canada for the amount (if any) by which its public debt exceeds at the Union seven million dollars and shall be charged with interest at the rate of five per centum per annum thereon. 116. In case the public debts of Nova Scotia and New Brunswick do not at the Union amount to eight million and seven million dollars respectively they shall respectively receive by half-yearly payments in advance from the govern ment of Canada interest at five per centum per annum on the difference between the actual amounts of their respective debts and such stipulated amounts. |