An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government
thereof; and for Purposes connected therewith.
(29th March, 1867.)
WHEREAS 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 the 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:(1)
II.--UNION.
3. It shall be lawful for the Queen, by and with the Advice of Her Majesty's
Most Honourable Privy Council, to declare by Proclamation that, on and 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.(4)
4. Unless it is otherwise expressed or implied, the Name Canada shall be taken
to mean Canada as constituted under this Act.(5)
5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova
Scotia, and New Brunswick.(6)
III.--EXECUTIVE POWER.
9. The Executive Government and Authority of and over Canada is hereby declared
to continue and be vested in the Queen.
10. The Provisions of this Act referring to the Governor General 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.
IV.--LEGISLATIVE POWER.
17. There shall be One Parliament for Canada, consisting of the Queen, an Upper
House styled the Senate, and the House of Commons.
51. (1) The number of members of the House of Commons and the representation
of the provinces therein shall, on the coming into the force of this subsection
and thereafter on the completion of each decennial census, be readjusted by
such authority, in such manner, and from such time as the Parliament of Canada
from time to time provides, subject and according to the following rules:
1. There shall assigned to each of the provinces a number of members equal to
the number obtained by dividing the total population of the population of the
provinces by two hundred and seventy-nine and by dividing the population of
each province by the quotient so obtained, counting any remainder in excess
of 0.50 as one after the said process of division.
VI.--DISTRIBUTION OF LEGISLATIVE POWERS.
91. It shall be lawful for the Queen, by and with the Advice and Consent of
the Senate and House of Commons, to make laws for the Peace, Order, and good
Government of Canada, in relation to all Matters not coming within the Classes
of Subjects by this Act assigned exclusively to the Legislatures of the Provinces;
and for greater Certainty, but not so as to restrict the Generality of the foregoing
Terms of this Section, it is hereby declared that (notwithstanding anything
in this Act) the exclusive Legislative Authority of the Parliament of Canada
extends to all Matters coming within the Classes of Subjects next hereinafter
enumerated; that is to say,--
1. Repealed. (44)
1A. The Public Debt and Property. (45)