Short title

Parliament of Canada may establish new provinces

and provide

for the

constitution,

etc., thereof

Alteration of limits of provinces

Parliament

of Canada

THE BRITISH NORTH AMERICA ACT 1871.

34-35 VICTORIA, CHAPTER 28.

An Act respecting the Establishment of Provinces in the Dominion of Canada.

[June 29, 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 provisions 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 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 may legislate provisions for the administration, peace, order and good government of any territory not for the time being included in any province.

for any

included in a province

of Acts of

of Canada,

(Canadian)

5. The following Acts passed by the said Parliament of Confirmation Canada and intituled respectively: "An Act for the temporary Parliament government of Rupert's Land and the North-Western Terri 82 & 33 Viet.. tory when united with Canada" and "An Act to amend and cap. 3, 33 continue the Act thirty-two and thirty-three Victoria, chapter Vict., (Canathree 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.

dian) cap. 3

powers of

of Canada te

an estab

6. Except as provided by the third section of this Act it imitation of shall not be competent for the Parliament of Canada to alter Parliament the provisions of the last mentioned Act of the said parliament legislate for in so far as it relates to the Province of Manitoba or of any fished other Act hereafter establishing new provinces in the said province 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 clections in the said province.

30 & 31 Vict., c. 3

Substitution

of new
section for
section 18 of
30 & 31
Vict., c. 3

Confirmation

of Act of Parliament

of Canada

THE PARLIAMENT OF CANADA ACT 1875.

38-39 VICTORIA, CHAPTER 38.

An Act to remove Certain Doubts with respect to
the Powers of the Parliament of Canada under
Section Eighteen of The British North America
Act 1867.

[July 19, 1875.]

HEREAS by section 18 of The British North America 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 18 of The British America Act 1867 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 24, intituled "An Act to provide for oaths to witnesses being