HISTORICAL RÉSUMÉ In 1867 there were three Provinces in continental Canada enjoying responsible government established in somewhat the same manner as that which had been observed in the cases of Newfoundland and New Zealand. These Provinces were united in a federal government by British Imperial Statute, provision being made for an increase in the membership of the federation. The Act of 1867 has been amended by Imperial Statutes from time to time since its passage. The most important and significant of these Acts were passed in 1871, 1875 and 1886. THE BRITISH NORTH AMERICA ACT [30 Victoria, cap. 3] 1867 An Act for the union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for purposes connected therewith. 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 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 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. 2. The provisions of this Act referring to Her Majesty the Queen extend also to the heirs and successors of Her Majesty, kings and queens of the United Kingdom of Great Britain and Ireland. II.-UNION 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's most honorable 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. 4. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have 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.' 6. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respec 1 The following additions have been made to the membership of the confederation: Manitoba, 1870; British Columbia, 1871; Prince Edward Island, 1873; Alberta and Saskatchewan, 1905. tively the Provinces of Upper Canada and Lower 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. 7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this Act. 8. In the general census of the population of Canada which is hereby required to be taken in the year one 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 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. 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 Governor General and sworn in as Privy Councillors, and members thereof may be from time to time removed by the Governor General. 12. All powers, authorities and functions which under |