Short Applica Provisions 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: 1.PRELIMINARY. 1. This Act may be cited as the British North America Act, 1867. 2. The Provisions of this Act referring tion of to Her Majesty the Queen extend also to referring the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. to the Queen. Declara tion of Union. 3. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honorable Privy Council, to declare 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 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. tion of Act. 4. The subsequent Provisions of this Act Construcshall, unless it is otherwise expressed or subseimplied, commence and have effect on and quent Proafter the Union, that is to say, on and after visions of 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. vinces. 5. Canada shall be divided into Four Four ProProvinces, named Ontario, Québec, Nova Scotia, and New Brunswick. and Que 6. The Parts of the Province of Canada Provinces (as it exists at the passing of this Act) of Ontario which formerly constituted respectively bec. 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. the 7. The Provinces of Nova Scotia New Brunswick shall have Limits as at the passing of this Act. and Provinces of Nova same Scotia 8. In the general Census of the Popu 4 lation of Canada which is hereby required to and New- Decennial 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. tion of III.-EXECUTIVE POWER. Declara- 9. The Executive Government and Au- Application of Provisions referring to the Go vernor General. Constitution of Privy Canada. 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 the Government of Canada, to be Council of 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 the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General. ers under nor Gene 12. All Powers, Authorities, and Func- All Powtions which under any Act of the Parlia- Acts to be ment of Great Britain, or of the Parliament exercised of the United Kingdom of Great Britain by Goverand Ireland, or of the Legislature of Upper ral with Canada, Lower Canada, Canada. Nova Scotia advice of Privy or New Brunswick, are at the Union vested Council, in or exerciseable by the respective Govern- or alone. ors or Lieutenant-Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. 13. The Provisions of this Act referring Applica to the Governor General in Council shall tion of Provisions be referring be construed as referring to the Governor to Gover- General acting by and with the Advice of the Queen's Privy Council for Canada. nor Gene ral in Council Power to Her appoint 14. It shall be lawful for the Queen, if Majesty to Her Majesty thinks fit, to authorize the authorize Governor General from Time to Time to Governor General to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies Deputies. within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies, shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function. Command Forces to continue 15. The Command-in-Chief of the Land of Armed and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the the Queen. Queen. to be vested in Seat of 16. Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa. |