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An Act for the Union of Canada, Nova Scotia, and
New Brunswick, and the Government thereof, and for Purposes connected therewith,
[29th March, 1867.] W 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:
1.--PRELIMINARY. Short Title 1. This Act may be cited as the British
North America Act, 1867. Applica- 2. The Provisions of this Act referring to tion of Provisions re- Her Majesty the Queen extend also to the ferring to Heirs and Successors of Her Majesty, Kings the Queel, and Queens of the United Kingdom of Great
Britain and Ireland.
II.--UNION. Declara 3. It shall be lawful for the Queen, by and tion of Union,
with the Advice of Her Majesty's Most Hon. orable 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. Construc. 4. The subsequent Provisions of this Act sequent
sub-shall, unless it is otherwise expressed or imProvisions plied, commence and have effect on and after of Act. 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.
5. Canada shall be divided into Four Pro- Four Pro
vinces. vinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.
6. The Parts of the Province of Canada Provinces
of Ontario (as it exists at the passing of this Act) which and Que. formerly constituted respectively the Pro- bec. vinces 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.
forme, separateed to be ada and rely the which of oriences
7. The Provinces of Nova Scotia and New Provinces Brunswick shall have the same Limits as at Scotia the passing of this Act.
Brunswick 8. In the general Census of the Population Decennial 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. Declara- 9. The Executive Government and AuthorTign.coltive ity of and over Canada is hereby declared to Power in continue and be vested in the Queen. the Qụeen. Applica- 10. The Provisions of this Act referring
of Pro to the Governor General extend and apply ferring to to the Governor General for the Time being
or of Canada, or other the Chief Executive General.
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. Constitu- 11. There shall be a Council to aid and tion of Privy
advise the Government of Canada, to be Council of styled the Queen's Privy Council for Canada; Canada. nada. 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. All Powers 12. All Powers, Authorities, and Func
$ tions which under any Act of the Parliacised by ment of Great Britain, or of the Parliament
r of the United Kingdom of Great Britain and General with ad- Ireland, or of the Legislature of Upper
of Canada, Lower Canada, Canada, Nova Scotia Privy Council or or New Brunswick, are at the Union vested alone.
in or exerciseable by the respective Governors 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 Applicato the Governor General in Council shall be tion of Proconstrued as referring to the Governor Gene- ferring to ral acting by and with the Advice of the Governor
o General in Queen's Privy Council for Canada.
14. It shall be lawful for the Queen, if Power
* to Her Her Majesty thinks fit, to authorize the Majesty to Governor General from Time to Time to authorize
Governor appoint any Person or any Persons jointly General bo or severally to be his Deputy or Deputies appoint within any part or Parts of Canada, and in that Capacity to exercise during the Plea