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34 and 35 Vic. (i) c. 28.

An Act respecting the establishment of Provinces in the

Dominion of Canada.

[29 June, 1871.]

WHEREAS doubts have been entertained respecting the powers of the Parliament of Canada to establish Provinces in territories admitted, or which may hereafter be admitted, into the Dominion of Canada, and to provide for the representation of such Provinces. in the said Parliament, and it is expedient to remove such doubts and to vest such powers in the said Parliament:

Be it enacted 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. This Act may be cited for all purposes as "The British Short North America Act 1871."

Title.

ment of

lish new

2. The Parliament of Canada may from time to time establish Parlia new Provinces in any territories forming for the time being part Canada of the Dominion of Canada, but not included in any Province may estabthereof, and may, at the time of such establishment, make Provinces provision for the constitution and administration of any such and proProvince and for the passing of laws for the peace, order and good the constigovernment of such Province, and for its representation in the tution, &c. said Parliament.

vide for

thereof.

of limits of

3. The Parliament of Canada may from time to time, with the Alteration consent of the Legislature of any Province of the said Dominion Provinces. increase, diminish or otherwise alter the limits of such Province upon such terms and conditions as may be agreed to by the said Legislature, and may with the like consent make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby.

Parliament of Canada

4. The Parliament of Canada may from time to time make may legis provision for the administration, peace, order and good government

late for

any terri- of any territory not for the time being included in any

tory not

included

in a Province.

Confirma

tion of

Acts of Parliament of Canada 32 & 33

Vict. (Can

adian) c. 3,
33 Vict.
(Cana-
dian) c. 3.

Limitation of powers

of Canada

Province.

5. The following Acts passed by the said Parliament of Canada and intituled respectively :

:

"An Act for the temporary government of Rupert's Land and the North-Western Territory when united with Canada;" and

"An Act to amend and continue the Act 32 and 33 Vict. c. 3, and to establish and provide for the government of the Province of Manitoba"

shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively received the assent in the Queen's name of the Governor-General of the said Dominion of Canada.

Except as provided by the 3rd section of this Act it shall not be competent for the Parliament of Canada to alter the to legislate provisions of the last mentioned Act of the said Parliament in so for an es- far as it relates to the Province of Manitoba, or of any other Act Province. hereafter establishing new Provinces in the said Dominion subject

tablished

always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly and to make laws respecting elections in the said Province.”

38 and 39 Vic. (i) c. 38.

An Act to remove doubts with respect to the powers of the
Parliament of Canada under section 18 of the British
North America Act 1867.

[19 July, 1875.]

WHEREAS by section 18 of the British North America Act 1867 30 & 31 it is provided as follows:

"The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by the House of Commons 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."

And whereas doubts have arisen with regard to the power of defining by an Act of the Parliament of Canada in pursuance of the said section, the said privileges, powers or immunities; and it is expedient to remove such doubts:

Be it therefore enacted 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:

Vic. c. 3.

tion of

new sec

1. Section eighteen of the British North America Act 1867 Substituis hereby repealed, without prejudice to anything done under that section, and the following section shall be substituted for the tion for section so repealed.

section 18 of 30 & 31

The privileges, immunities and powers to be held, enjoyed and Vic. c. 3. exercised by the Senate and by the House of Commons 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 any Act of the Parliament of Canada defining such privileges, immuni

Confirmation of Act of Canadian Parliament.

Short title.

ties and powers shall not confer any privileges, immunities or powers exceeding those at the passing of such 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.

2. The Act of the Parliament of Canada passed in the 31st year of the reign of Her present Majesty, chapter 24, intituled "An Act to provide for oaths to witnesses being administered in certain cases for the purposes of either House of Parliament " shall be deemed to be valid and to have been valid as from the date at which the Royal assent was given thereto by the Governor-General of the Dominion of Canada.

3. This Act may be cited as "The Parliament of Canada

Act 1875,"

Provision

ment of

49 and 50 Vic. (i) c. 35.

An Act respecting the representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada but are not included in any Province.

[25 June, 1886.]

WHEREAS it is expedient to empower the Parliament of Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada but is not included in any Province:

Be it therefore enacted 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. The Parliament of Canada may from time to time make by Parlia- provision for the representation in the Senate and House of Canada for Commons of Canada or in either of them of any territories which represen- for the time being form part of the Dominion of Canada but are territory. not included in any Province.

tation of

Acts of

2. Any Act passed by the Parliament of Canada before the Effect of passing of this Act for the purpose mentioned in this Act shall if Parlianot disallowed by the Queen be and shall be deemed to have been ment of Canada. valid and effectual from the date at which it received the assent in Her Majesty's name of the Governor-General of Canada.

c. 28.

It is hereby declared that any Act passed by the Parliament of Canada whether before or after the passing of this Act for the purposes mentioned in this Act or in the B. N. A. Act 1871 has 34&35Vic. effect notwithstanding anything in the B. N. A. Act 1867 and the 30 & 31 Vic. number of Senators or the number of Members of the House of c. 3. Commons specified in the last mentioned Act is increased by the number of Senators or of Members as the case may be provided by any such Act of the Parliament of Canada for the representation of any provinces or territories of Canada.

3. This Act may be cited as the British North America Act Short title. 1886.

This Act and the British North America Act 1867 and the British North America Act 1871 shall be construed together and may be cited as the British North America Acts 1867 to 1886

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