



This eBook was produced by Andrew Sly.






THE BRITISH NORTH AMERICA ACT, 1867.


30 VICTORIA, CHAPTER 3.


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 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. [Short Title.] This Act may be cited as The British North America
Act, 1867.


2. [Application of Provisions referring to the Queen.] 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. [Declaration of Union] 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.

4. [Construction of subsequent Provisions of Act.] 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. [Four Provinces.] Canada shall be divided into Four Provinces, named
Ontario, Quebec, Nova Scotia, and New Brunswick.

6. [Provinces of Ontario and Quebec.] The Parts of the Province of
Canada (as it exists at the passing of this Act) which formerly
constituted respectively 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. [Provinces of Nova Scotia and New Brunswick.] The Provinces of Nova
Scotia and New Brunswick shall have the same Limits as at the passing of
this Act.


8. [Decennial Census.] 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. [Declaration of Executive Power in the Queen.] The Executive
Government and Authority of and over Canada is hereby declared to
continue and be vested in the Queen.

10. [Application of Provisions referring to Governor General.] 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