exceeding 1000 square miles contains a population of not less than 1000 inhabitants of adult age it may return one member to the Council. tions. Qualifications. In Nova Scotia the Lieutenant-Governor Qualificais no way restricted by statute in the choice of Councillors, but in the other provinces there are certain statutory qualifications. These may be classified under the following heads, (1) citizenship, (2) age, (3) property, (4) residence, and (5) oath of allegiance. ship. 1. Citizenship. All the provinces agree in requiring 1. Citizena Legislative Councillor to be a British subject by birth or by naturalization. 2. Age. In Quebec and Prince Edward's Island he 2. Age. must be 30 years of age. In New Brunswick and the North-West Territories it is sufficient if he be of full age. 3. Property. A property qualification is required in 3. ProQuebec and New Brunswick. In Quebec such qualification perty. is the same as for senators, i.e. a councillor must be legally or equitably seised of freeholds of the value of $4000 over and above all rents, charges or incumbrances payable out of the same, and his real and personal property together must be worth $4000, over and above his debts and liabilities. If he is not resident in the division for which elected, his real property qualification must be in such division. In New Brunswick a Councillor must be seised of freehold estate in the province of the value of $2400 over and above all incumbrances. In Prince Edward's Island and Manitoba no property qualification is necessary. dence. 4. Residence. In Quebec, New Brunswick and the 4. ResiNorth-West Territories residence in the province is required, and in New Brunswick there must be residence for 5 years prior to the issue of the writ of election. 5. Oath. Disqualifications. How ap Quebec, Prince North- Terri tories. 5. Oath. The Councillor must in every case take the oath of allegiance1. A member of the Legislative Council becomes disqualified from sitting: : 1. On becoming a member of the Senate or of the House of Commons of Canada. 2. By absence from the Legislature for two consecutive sessions or in Prince Edward's Island for one session. 3. By becoming a subject of a foreign power. 4. By becoming bankrupt or insolvent. 5. By being attainted of treason or of any crime. 6. By ceasing to be duly qualified in respect of property or of residence". In Prince Edward's Island, where the Councillors are elected, the same persons who are disqualified from being candidates for the Assembly are also disqualified from being elected to the Council 3. How appointed. In Quebec, New Brunswick and Nova Scotia, Councillors are appointed by the Lieutenant-Governor in the Queen's name under the great seal, and in Quebec one Councillor has to be chosen from each district represented by a Senator in the Dominion Parliament *. In Prince Edward's Island Councillors are elected. The province is divided into seven electoral districts, six of these return two members each, and one district (Charlottetown) returns one member. The voters are the same as for the Provincial Assembly. In the North-West Territories the Governor-General by 1 See B. N. A. Act. 1867, ss. 73, 23. N. B. Con. Stat. 1877, c. 4, ss. 4, 11. P. E. I. Rev. Stat. 25 Vic. c. 18, ss. 11, 12, 25 and R. S. C. c. 50, ss. 20, 21. 2 B. N. A. Act. 1867, s. 74. N. B. Con. Stat. 1877, c. 4, ss. 3—6. P. E. I. 25 Vic. c. 18, s. 11-16. 3 See ante p. 61. 4 B. N. A. Act. 1867, ss. 22, 72. Q. 49 & 50 Vic. c. 97, s. 4. N. S. R. S. 1884, c. 3, s. 1. N. B. Con. Stat. 1877, c. 4, s. 2. 5 P. E. I. 25 Vic. c. 18, ss. 3-6. and with the advice of his Privy Council has power to appoint six members by warrant under his privy seal'. As regards the other members they are elected by bona fide male residents and householders of adult age, within the electoral district, not being aliens or unenfranchised Indians, and who have resided in such electoral district for at least 12 months immediately preceding the issue of the writ for the election2. office. Term of office. In Quebec, New Brunswick, and Nova Term of Scotia, Councillors hold office for life, unless they resign or become disqualified. In Prince Edward's Island a new election takes place for Charlottetown every eighth year, and for other districts every fourth year, from the date of the last election to the Council3. In the North-West Territories elected members of the Council hold office for two years but are eligible for reelection *. Quorum. The number required to form a quorum of the Quorum. Councils is as follows: in Quebec, 10 including the Speaker 5; in New Brunswick, 86; in Prince Edward's Island, 6 in addition to the President'; and in the North-West Territories a majority of the members. The Speaker or President. In Quebec the Speaker is Speaker. appointed by the Lieutenant-Governor from amongst the members of the Legislative Council. In New Brunswick and Prince Edward's Island the President of the Council is elected by the Councillors 10. 1 R. S. C. c. 50, s. 7 2 Ib. s. 20. 3 P. E. I. Rev. Stat. 25 Vic. c. 18, s. 17. 5 B. N. A. A. 1867, s. 78. 7 P. E. I. Rev. Stat. 25 Vic. c. 18, s. 29. 9 B. N. A. A. 1867, s. 77. 4 R. S. C. c. 50, s. 22. 6 N. B. Con. Stat. 1877, c. 4, s. 8. 10 N. B. Con. Stat. 1877, c. 4, s. 7. P. E. I. Rev. Stat. 25 Vic. c. 18, s. 27. Privileges. In Quebec the Speaker has a vote and a casting vote1. In Prince Edward's Island he has only a casting vote 2. Privileges. Members of the Legislative Council in Quebec enjoy the same privileges as members of the Assembly. In the other provinces that have Legislative Councils Acts have not as yet been passed to define the privileges of such Councils. Resignation. A Legislative Councillor may resign his seat by a notice in writing under his hand and seal addressed to the Lieutenant-Governor1. 1 B. N. A. A. 1867, s. 79. 2 P. E. I. Rev. Stat. 25 Vic. c. 18, s. 29. 3 See ante p. 69. 4 B. N. A. Act. 1867, ss. 74, 30. N. B. Con. Stat. 1877, c. 4, s. 5. P. E. I. 25 Vic. c. 18, s. 19. CHAPTER VII. METHOD OF LEGISLATION. THE procedure and practice of the Provincial Legislatures are regulated partly by the provisions of the British North America Acts, partly by provincial statutes, partly by orders and resolutions of each Legislature, and partly by usages which though unwritten are recognized and followed. The hour of meeting varies in the different provinces: Hour of in British Columbia it is 11 o'clock, in Nova Scotia 12 o'clock, Meeting. and in Ontario, Quebec and Manitoba 3 o'clock. If the business of the House is not concluded at 6 o'clock the Speaker leaves the chair until half-past seven. The House at its rising on Friday as a rule stands adjourned until the following Monday. Order of Business. The business in the Provincial Order of Assemblies is generally as follows: Every day certain routine business is taken in the follow ing order : 1. Presenting Petitions. 2. Reading and Receiving Petitions. 3. Presenting Reports by Standing and Select Com- 4. Motions. After the above routine business is disposed of, the order of business varies according to the day and the province. business. |