The British North America Act, 1867.

5. Such re-adjustment shall not take effect until the termi

nation of the then existing parliament. Increase of mum. 52. The number of members of the house of commons may ber of house of be from time to time increased by the parliament of Canada, commons.

provided the proportionate representation of the provinces prescribed by this act is not thereby disturbed.

Money Votes ; Royal Assent.

votes.

Appropriation 53. Bills for appropriating any part of the public revende, and tax bills.

or for imposing any tax or impost, shall originate in the house

of commons. Recommenda 54. It shall not be lawful for the house of commons to tion of money

adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not first been recommended to that house by message of the governor-general in the session

in which such vote, resolution, address, or bill is proposed. Royal assent to 55. Where a bill passed by the houses of the parliament is bilis, &c.

presented to the governor-general for the Queen's assent, he shall declare, according to his discretion, but subject to the provisions of this act and to her majesty's instructions, either that he assents thereto in the queen's name, or that he withholds the queen's assent, or that he reserves the bill for the

signification of the queen's pleasure. Disallowance by 56. Where the governor-general assents to a bill in the of act assented queen's name, he shall by the first convenient opportunity to by governor- send an authentic copy of the act to one of her majesty's pringeneral.

cipal secretaries of state, and if the Queen in council, within two years after receipt thereof by the secretary of state thinks fit to disallow the act, such disallowance (with a certificate of the secretary of state of the day on which the act was received by him) being signified by the governor-general, by speech or message to each of the houses of the parliament or by proclamation, shall anpul the act from and after the day of

such signification. Signification of 57. A bill reserved for the signification of the queen's

pleasure shall not have any force unless and until within two on bill reserved. Pre

years from the day on which it was presented to the governorgeneral for the queen’s assent, the governor-general signifies, by speech or message to each of the houses of the parliament or by proclamation, that it has received the assent of the queen in council.

An entry of every such speech, message, or proclamation shall be made in the journal of each house, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of Canada.

que

sure

ern

58. For each province there shall be an officer, styled the Appointment of lieutenant-governor, appointed by the governor-general in

in lieutenant-govcouncil by instrument under the great seal of Canada.

vinces. 59. A lieutenant-governor shall hold office during the Tenure of office pleasure of the governor-general; but any lieutenant-governor

any liontenantrovernor of lieutenant

O governor, appointed after the commencement of the first session of the parliament of Canada shall not be removable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing within one month after the order for his removal is made, and shall be communicated by message to the senate and to the house of commons within one week thereafter if the parliament is then sitting, and if not then within one week after the commencement of the next session of the parliament.

60. The salaries of the lieutenant-governors shall be fixed Salaries of and provided by the parliament of Canada.

lieutenant-gov

ernors. 61. Every lieutenant-governor shall, before assuming the Oaths, &c., of duties of his office, make and subscribe before the governor- lieutenant general or some person authorized by him, oaths of allegiance governor. and office similar to those taken by the governor-general.

62. The provisions of this act referring to the lieutenant- Application of governor extend and apply to the lieutenant-governor for the inclienten. time being of each province or other the chief executive ant-governor. officer or administrator for the time being carrying on the government of the province, by whatever title he is designated.

63. The executive council of Ontario and of Quebec shall Appointment of be composed of such persons as the lieutenant-governor from

entenantacoornan fram executive offitime to time thinks fit, and in the first instance of the following and Quebec. officers, namely,—the attorney general, the secretary and registrar of the province, the treasurer of the province, the commissioner of crown lands, and the commissioner of agriculture and public works, with, in Quebec, the speaker of the legislative council and the solicitor-general.

64. The constitution of the executive authority in each of Executive gov. the provinces of Nova Scotia and New Brunswick shall, ernment of Nova subject to the provisions of this act, continue as it exists at the Brunswick, union until altered under the authority of this act.

65. All powers, authorities, and functions which under any Powers to be exact of the parliament of Great Britain, or of the parliament of ercised by liouthe united kingdom of Great Britain and Ireland, or of the tenant-governor legislature of Upper Canada, Lower Canada, or Canada, were Quebec with or are before or at the union vested in or exerciseable by the adv

The British North America Act, 1867.

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 are capable of being exercised after the union in relation to the government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the lieutenant-governor of Ontario and Quebec respectively, with the advice or with the advice and consent of or in conjunction with the respective executive councils, or any members thereof, or by the lieutenant-governor 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 respective

legislatures of Ontario and Quebec. Application of 66. The provisions of this act referring to the lieutenantprovisions refer- governor in council shall be construed as referring to the ring to lieutenant-governor in lieutenant-governor of the province acting by and with the council. advice of the executive council thereof. Administration,

67. The governor-general in council may from time to time in absenoo, &c. appoint an administrator to execute the office and functions of governor.

lieutenant-governor during his absence, illness, or other

inability. · Seats of provin- 68. Unless and until the executive government of any

cial governmonts.

province otherwise directs with respect to that province, the seats of government of the provinces shall be as follows, namely,--of Ontario, the city of Toronto; of Quebec, the city of Quebec; of Nova Scotia, the city of Halifax; and of New Brunswick, the city of Fredericton.

Legislative Power.

of lieutenant

1.- ONTARIO.

Logislaturo for
Ontario.

69. There shall be a legislature for Ontario consisting of the lieutenant-governor and of one house, styled the legislative assembly of Ontario.

70. The legislative assembly of Ontario shall be composed of eighty-two members, to be elected to represent the eightytwo electoral districts set forth in the first schedule to this act.

Electoral districts,

2.-QUEBEC.

Legislature for
Quebeo.

71. There shall be a legislature for Quebec consisting of the lieutenant-governor and of two houses, styled the legislative council of Quebec and the legislative assembly of Quebec.

The British North America Act, 1867.

lativo

72. The legislative council of Quebec shall be composed of Constitution of twenty-four members, to be appointed by the lieutenant-lo governor in the queen's name, by instrument under the great seal of Quebec, one being appointed to represent each of the twenty-four electoral divisions of Lower Canada in this act referred to, and each holding office for the term of his life, unless the legislature of Quebec otherwise provides under the provisions of this act.

73. The qualifications of the legislative councillors of Que- Qualification of bec shall be the same as those of the senators for Quebec. legislative

councillors. 74. The place of a legislative councillor of Quebec shall Resignation, become vacant in the cases, mutatis mutandis, in which the Disqualification, place of senator becomes vacant.

75. When a vacancy happens in the legislative council of Vacancies. Quebec, by resignation, death, or otherwise, the lieutenantgovernor, in the queen's name, by instrument under the great seal of Quebec, shall appoint a fit and qualified person to fill the vacancy.

76. If any question arises respecting the qualification of a Questions as to legislative councillor of Quebec, or a vacancy in the legislative vacancies, &o. council of Quebec, the same shall be heard and determined by the legislative council.

77. The lieutenant-governor may from time to time, by Speaker of legisinstrument under the great seal of Quebec, appoint a member lative council. of the legislative council of Quebec to be speaker thereof, and may remove him and appoint another in his stead.

78. Until the legislature of Quebec otherwise provides, the onorum of lovis. presence of at least ten members of the legislative council, lative council. including the speaker, shall be necessary to constitute a meeting for the exercise of its powers.

79. Questions arising in the legislative council of Quebec Voting in legisshall be decided by a majority of voices, and the speaker lative shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative.

80. The legislative assembly of Quebec shall be composed Constitution of of sixty-five members, to be elected to represent the sixty-five

to legislative aselectoral divisions or districts of Lower Canada in this act Quebeo. referred to, subject to alteration thereof by the legislature of Quebec : provided that it shall not be lawful to present to the lieutenant-governor of Quebec for assent, any bill for altering the limits of any of the electoral divisions or districts mentioned in the second schedule to this act, unless the second and third readings of such bill have been passed in the legislative assembly with the concurrence of the majority of the members representing all those electoral divisions or districts, and the assent shall not be given to such bill unless an address has been presented by the legislative assembly to the lieutenant-governor stating that it has been so passed.

lotvo

uncil,

The British North America Act, 1867.

3.-ONTARIO AND QUEBEC.

First session of 81. The legislatures of Ontario and Quebec respectively legislatures. shall be called together not later than six months after the

union. Summoning of 82. The lieutenant-governor of Ontario and of Quebec legislative shall from time to time, in the queen's name, by instrument assemblies.

under the great seal of the province, summon and call to

gether the legislative assembly of the province. Restriction on

83. Until the legislature of Ontario or of Quebec otherwise election of hold provides, a person accepting or holding in Ontario or in Quebec ers of offices,

any office, commission, or employment permanent or temporary, at the nomination of the lieutenant-governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the province is attached, shall not be eligible as a member of the legislative assembly of the respective province, nor shall be eit or vote as such ; but nothing in this section shall make ineligible any person being a member of the executive council of the respective province, or holding any of the following offices, that is to say, the offices of attorney general, secretary and registrar of the province, treasurer of the province, commissioner of crown lands, and commissioner of agriculture and public works, and in Quebec solicitor general, or shall disqualify him to sit or vote in the house for which he is elected, provided he is

elected while holding such office. Continuance of 84. Until the legislatures of Ontario and Quebec respecexisting election tively otherwise provide, all laws which at the union are in

force in those provinces respectively, relative to the following matters, or any of them, namely,—the qualifications and disqualifications of persons to be elected or to sit or vote as inembers of the assembly of Canada, the qualifications or disqualifications of voters, the oaths to be taken by voters, the returning officers, their powers and duties, the proceedings at elections, the periods during which such elections, may be continued, and the trial of controverted elections and the proceedings incident thereto, the vacating of the seats of members and the issuing and execution of new writs in case of seats vacated otherwise than by dissolution shall respectively apply to election of members to serve in the respective legislative assemblies of Ontario and Quebec.

Provided that until the legislature of Ontario otherwise provides, at any election for a member of the legislative assembly of Ontario for the district of Algoma, in addition to persons qualified by the law of the province of Canada to vote, every male British subject, aged twenty-one years or upwards,

being a householder, shall have a vote. Duration of 85. Every legislative assembly of Ontario and every legislogislative assomblies.

lative assembly of Quebec shall continue for four years from

laws.