General is previously impowered by an Act to draw for such sums. That the General Accounts shall be yearly settled and reported to the several Assemblies. That a quorum of the Grand Council, impowered to act with the President-General, do consist of twenty-five Members, among whom there shall be one or more from a majority of the Colonies. That the laws made by them for the purposes aforesaid shall not be repugnant, but as near as may be agreable, to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force. That in case of the death of the President General, the Speaker of the Grand Council for the time being shall succeed, and be vested with the same powers and authority, to continue until the King's pleasure be known. That all Military Commission Officers, whether for land or sea service, to act under this general Constitution, shall be nominated by the President General; but the approbation of the Grand Council is to be obtained before they receive their Commissions; and all Civil Officers are to be nominated by the Grand Council,1 and to receive the President General's approbation before they officiate; but in case of vacancy by death or removal of any Officer, Civil or Military, under this Constitution, the Governor of the Province in which such vacancy happens may appoint till the pleasure of the President General and Grand Council can be known. That the particular Military as well as Civil establishments in each Colony remain in their present state, this General Constitution notwithstanding. 1 There was constant friction between the Governors and the Colonial Assemblies over the question of appointments. The Assemblies claimed the right to appoint all officers who were charged with the collection, custody, and disbursement of the public funds; but in time, at least in Massachusetts, they succeeded in interfering with the appointment and removal of military officers. (See Greene, op. cit., pp. 181-92.) And that on sudden emergencies any Colony may defend itself, and lay the account of expence thence arisen before the President General and Grand Council, who may allow and order payment of the same as far as they judge such accounts just and reasonable. After debate on the foregoing plan:- Resolved: That the Commissioners from the several Governments be desired to lay the same before their respective Constituents for their consideration, and that the Secretary to this Board transmit a copy thereof with their vote thereon to the Governor of each of the Colonies which have not sent their Commissioners to this Congress. THE BRITISH NORTH AMERICA ACT, 1867 30 AND 31 VICTORIA, CAP. III 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:1 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 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: Be it therefore enacted and declared by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this 1 This refers to the system of parliamentary cabinet government as opposed to the system of presidential government in the United States. The criticism therefore of Professor Dicey (Introduction to the Study of the Law of the Constitution, 6th ed., p. 162) seems hardly deserved. The 3rd Resolution of the Quebec Conference ran as follows: 'In framing a constitution for the general government, the Conference, with a view to the perpetuating of our connexion with the mother country and to the promotion of the best interests of the people of these provinces, desires to follow the model of the British Constitution, so far as our circumstances will permit.' Short to the present Parliament assembled, and by the authority of the same as follows: I. PRELIMINARY. 1. This Act may be cited as The British North America Act, 1867.1 Provisions 2. The provisions of this Act referring to Her Majesty referring the Queen extend also to the heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. Queen. Declara tion of Union. Construc subse visions of Act. 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 a day therein appointed, not being more than six months 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.2 4. The subsequent provisions of this Act shall, unless tion of it is otherwise expressed or implied, commence and have quent pro- effect on and after the Union, that is to say on and after the day appointed for the Union taking effect in the Queen's Proclamation; and in the same provisions, unless it is otherwise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act. 5. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. Four Provinces. The British North America Act has been amended by 34 & 35 Vict. ch. 28, An Act respecting the Establishment of Provinces in the Dominion of Canada, 1871; by 38 & 39 Vict. ch. 38, An Act to remove certain doubts with respect to the powers of the Parliament of Canada under section 18 of the British North America Act 1867, 1875; by 49 & 50 Vict. ch. 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, and by 7 Edward VII ch. 11, which rearranged the annual subsidies to be paid to the Provincial Government. 2 The new Constitution came into force on July 1, 1867. of Ontario 6. The parts of the Province of Canada (as it exists at Provinces the passing of this Act) which formerly constituted and respectively the Provinces of Upper Canada and Lower Quebec; Canada, shall be deemed to be severed, and shall form two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. Bruns 7. The Provinces of Nova Scotia and New Brunswick Nova Scotia and shall have the same limits as at the passing of this Act. New 8. In the general census of the population of Canada, wick. which is hereby required to be taken in the year One Decennial thousand eight hundred and seventy-one, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished. III. EXECUTIVE POWER. Census. Power in 9. The Executive Government and authority of and Executive over Canada is hereby declared to continue and be vested the Queen. in the Queen. to General. 10. The provisions of this Act referring to the Gover- Provisions nor-General extend and apply to the Governor-General for referring the time being of Canada, or other the Chief Executive GovernorOfficer 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. tion of for 11. There shall be a Council to aid and advise in the ConstituGovernment of Canada, to be styled the Queen's Privy Privy Council for Canada; and the persons who are to be Council Members of that Council shall be, from time to time, chosen Canada. and summoned by the Governor-General and sworn in as Privy Councillors, and Members thereof may be, from time to time, removed by the Governor-General.1 1 It should be noted that the provisions of the Act imply, though they do not express, the unwritten conventions of British parliamentary prac |