Schedule I-- Ordinances and parts of Ordinances and 2151 Schedule III Ordinances and parts of Ordinances and 2160 2169 THE BRITISH NORTH AMERICA ACT 1867. 30 VICTORIA, CHAPTER 3. An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof; and for Purposes connected therewith. [March 29, 1867.] HEREAS the Provinces of Canada, Nova Scotia and New Brunswick have expressed their desire to be federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a constitution similar in principle to that of the United Kingdom; And whereas such a union would conduce to the welfare of the provinces and promote the interests of the British Empire; And whereas on the establishment of the Union by authority of parliament it is expedient not only that the constitution of the legislative authority in the Dominion be provided for but also that the nature of the executive government therein be declared; And whereas it is expedient that provision be made for the eventual admission into the Union of other parts of British North America: Be it therefore enacted and declared by the Queen's most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled and by the authority of the same as follows: I.--PRELIMINARY. 1. This Act may be cited as "The British North America Short title Act 1867." referring to 2. The provisions of this Act referring to her Majesty the Application Queen extend also to the heirs and successors of her Majesty, of provisions Kings and Queens of the United Kingdom of Great Britain the Queen and Ireland. II.-UNION. 3. It shall be lawful for the Queen by and with the advice Declaration of her Majesty's most honourable Privy Council to declare of union by proclamation that on and after a day therein appointed not being more than six months after the passing of this Act the provinces of Canada, Nova Scotia and New Brunswick Construction of subsequent Act shall form and be one Dominion under the name of Canada; and on and after that day those three provinces shall form and be one Dominion under that name accordingly. 4. The subsequent provisions of this Act shall unless it is provisions of otherwise expressed or implied commence and have effect on and after the Union, that is to say: on and after the day appointed for the Union taking effect in the Queen's Proclamation; and in the same provisions unless it is otherwise expressed or implied the name Canada shall be taken to mean Canada as constituted under this Act. Four provinces Provinces of Ontario 5. Canada shall be divided into four provinces, named Ontario, Quebec, Nova Scotia and New Brunswick. 6. The parts of the Province of Canada (as it exists at the and Quebec passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed and shall form two separate provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. Provinces of and New Décennial census Declaration of executive power in the Queen Application of provisions referring to Governor General Constitution of Privy Council for 7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this Act. 8. In the general census of the population of Canada which is hereby required to be taken in the year one thousand eight hundred and seventy-one and in every tenth year thereafter the respective populations of the four provinces shall be distinguished. III. EXECUTIVE POWER. 9. The executive government and authority of and over Canada is hereby declared to continue and be vested in the Queen. 10. The provisions of this Act referring to the governor general extend and apply to the governor general for the time being of Canada or other the chief executive officer or administrator for the time being carrying on the government of Canada. on behalf and in the name of the Queen by whatever title he is designated. 11. There shall be a council to aid and advise in the government of Canada to be styled the Queen's Privy Council for Canada; and the persons who are to be members of that council shall be from time to time chosen and summoned by |