Applica- Governor- Constitu tion of Privy Council for Canada. to be exercised by General alone. 10. The provisions of this Act referring to the GovernorGeneral 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 the GovernorGeneral 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 functions which under any under Acts Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Governor Legislature of Upper Canada, Lower Canada, Canada, Nova with Scotia, or New Brunswick, are at the Union vested in or exeradvice of cisable by the respective Governors or Lieutenant Governors of Privy Council or 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 exercisable 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. Application of provisions refer ring to 13. The provisions of this Act referring to the GovernorGeneral in Council shall be construed as referring to the GovernorGeneral acting by and with the advice of the Queen's Privy Council for Canada. Her Governor 14. It shall be lawful for the Queen, if Her Majesty thinks Power to fit, to authorize the Governor General from time to time to Majesty to appoint any person or any persons, jointly or severally, to be his authorize deputy or deputies within any part or parts of Canada, and in General that capacity to exercise, during the pleasure of the Governor- to appoint Deputies. 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 15. The Command-in-Chief of the Land and Naval Militia, of Armed Forces to and of all Naval and Military Forces, of and in Canada, is hereby continue declared to continue and be vested in the Queen. to be vested in the Queen. 16. Until the Queen otherwise directs, the Seat of Govern- Seat of ment of Canada shall be Ottawa. Government of Canada. IV. LEGISLATIVE POWER. of tion of Parliament of Canada. Houses. 17. There shall be one Parliament for Canada, consisting of Constituthe Queen, an Upper House styled the Senate, and the House Commons. 18. The privileges, immunities, and powers to be held, en- Privileges, joyed, and exercised by the Senate and by the House of Commons, &c., of 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. (Repealed by 30 & 31 Vic. c. 3.) 19. The Parliament of Canada shall be called together not later than six months after the Union. First Session of the Parliament of Canada. 20. There shall be a Session of the Parliament of Canada Yearly once at least in every year, so that twelve months shall not inter- Session of the Parliavene between the last sitting of the Parliament in one Session ment of Canada. and its first sitting in the next Session. Number of The Senate. 21. The Senate shall, subject to the provisions of this Act, Senators. consist of seventy-two Members, who shall be styled Senators. Representation of Provinces in Senate. Qualifications of Senators. 22. In relation to the constitution of the Senate, Canada shall be deemed to consist of three divisions,— 1. Ontario : 2. Quebec: 3. The Maritime Provinces, Nova Scotia and New Brunswick; which three divisions shall (subject to the provisions of this Act) be equally represented in the Senate as follows:Ontario by Twenty-four Senators; Quebec by Twenty-four Senators and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick. In the case of Quebec each of the twenty-four Senators representing that Province shall be appointed for one of the twenty-four Electoral Divisions of Lower Canada specified in Schedule A to Chapter One of the Consolidated Statutes of Canada. 23. (1) The qualification of a Senator shall be as follows:- (2) He shall be either a natural-born subject of the Queen, (3) He shall be legally or equitably seised as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seised or possessed for his own use and benefit of lands or tenements held in francalleu or in roture, within the Province for which he is appointed, of the value of Four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and incumbrances due or payable out of or charged on or affecting the same: (4) His real and personal property shall be together worth Four thousand dollars over and above his debts and liabilities: (5) He shall be resident in the Province for which he is appointed : (6) In the case of Quebec he shall have his real property qualification in the Electoral Division for which he is appointed, or shall be resident in that Division. 24. The Governor-General shall from time to time, in the Summons of Senator. Queen's name by Instrument under the Great Seal of Canada, summon qualified persons to the Senate; and, subject to the provisions of this Act, every person so summoned shall become and be a member of the Senate and a Senator. 25. Such persons shall be first summoned to the Senate as Summons the Queen by Warrant under Her Majesty's Royal Sign Manual of First body of thinks fit to approve, and their names shall be inserted in the Senators. Queen's Proclamation of Union. 26. If at any time, on the recommendation of the Governor- Addition General, the Queen thinks fit to direct that three or six Members of Senators in cerbe added to the Senate, the Governor-General may by summons tain cases. to three or six qualified persons (as the case may be), representing equally the three divisions of Canada, add to the Senate accordingly. 27. In case of such addition being at any time made the Reduction of Senate Governor-General shall not summon any person to the Senate, to normal except on a further like direction by the Queen on the like number. recommendation, until each of the three divisions of Canada is represented by twenty-four Senators and no more. 28. The number of Senators shall not at any time exceed Maximum number of seventy-eight. Senators. 29. A Senator shall, subject to the provisions of this Act, Tenure of hold his place in the Senate for life. place in Senate. 30. A Senator may by writing under his hand, addressed to Resignathe Governor-General, resign his place in the Senate, and there- tion of upon the same shall be vacant. place in Senate. Disqualifi- 31. The place of a Senator shall become vacant in any of the cation of following cases : Senators. Summons on Va (1) If for two consecutive Sessions of the Parliament he fails to give his attendance in the Senate: (2) If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience, or adherence to a Foreign Power, or does an act whereby he becomes a Subject or Citizen, or entitled to the rights or privileges of a Subject or Citizen of a Foreign Power: (3) If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter: (4) If he is attainted of treason or convicted of felony or of any infamous crime: (5) If he ceases to be qualified in respect of property or of residence; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the Seat of the Government of Canada while holding an office under that Government requiring his presence there. 32. When a vacancy happens in the Senate by resignation, cancy in death, or otherwise, the Governor-General shall by summons to a fit and qualified person fill the vacancy. Senate. Questions as to Qualifica 33. If any question arises respecting the qualification of a tions and Senator, or a vacancy in the Senate, the same shall be heard and Vacancies determined by the Senate. in Senate. Appoint- Speaker of Quorum of Voting in 34. The Governor-General may from time to time, by instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his stead. 35. Until the Parliament of Canada otherwise provides, the presence of at least fifteen Senators, including the Speaker, shall be necessary to constitute a meeting of the Senate for the exercise of its powers. 36. Questions arising in the Senate shall be decided by a majority of voices, and the Speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. |