Chapter II (2)

Article 90.
The Constitution may be amended, at the initiative of the
national Congress, or of the legislatures of the States.
§ 1. An amendment shall be considered as proposed, when,
having been presented by one-fourth, at least, of the members
of either house of the Congress, it shall have been accepted
in three readings (discussions) by two-thirds of the votes in
both houses of the Congress, or when it shall have been asked
for by two-thirds of the States represented, each one by a
majority of the votes of its legislature, said votes to be
taken in the course of 1 year.
§ 2. The proposed amendment shall be considered approved, if,
in the following year, after three discussions, it shall have
been adopted by a majority of two-thirds of the votes in the
two houses of the Congress.
§ 3. The amendment adopted shall be published with the
signatures of the presidents and clerks of the two chambers,
and be incorporated into the Constitution as a part of the
same.
§ 4. No project having a tendency to abolish the federative
republican form, or the equal representation of the States in
the Senate, shall be admitted for consideration in the
Congress.

Article 91.
This Constitution, after approval, shall be promulgated by the
president of the Congress and signed by the members of the
same.

Temporary Provisions.

Article I.
After the promulgation of this Constitution, the Congress, in
joint assembly, shall choose consecutively, by an absolute
majority of votes in the first balloting, and, if no candidate
shall receive such, by a plurality in the second balloting,
the President and Vice President of the United States of
Brazil.
§ 1. This election shall be in two distinct ballotings, for
the President and Vice President respectively, the ballots for
President being taken and counted, in the first place, and
afterwards for Vice President.
§ 2. The President and Vice President, thus elected, shall
occupy the Presidency and Vice Presidency of the Republic
during the first Presidential term.
§ 3. For said election there shall be no incompatibilities
admitted.
§ 4. As soon as said election shall be concluded, the Congress
shall consider as terminated its mission in joint session and,
separating into Chamber and Senate, shall enter upon the
exercise of its functions as defined by law, on the 15th of
June of the present year, and can not in any case be
dissolved.
§ 5. In the first year of the first legislature, among its
preparatory measures, the Senate shall designate the first and
second third of its members, whose term of office shall cease
at the end of the first and second 3-year terms.
§ 6. The discrimination shall be made in three lists,
corresponding to the three classes, allotting to them the
senators of each State and of the Federal District according
to the number of votes received by them respectively, so as to
allot to the third for the last 3 years the one receiving the
highest number of votes in the Federal District and in each
State, and to the other two-thirds the remaining two names in
the order of the number of votes received by them
respectively.
§ 7. In case of tie, the oldest shall be preferred, and if the
ages are equal, the choice shall be made by lot.

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Article 2.
The State which, by the end of the year 1892, shall not have
adopted its constitution, shall, by act of the federal
legislative power, be placed under that of one of the other
States, which it shall judge most suitable, until the State
thus subjected to said constitution, shall amend it in the
manner provided in the same.

Article 3.
As fast as the States shall be organized, the Federal
Government shall deliver to them the administration of the
services which belong to them, and shall settle the
responsibility of the federal administration in all that
relates to said services and to the payment of the respective
officials.

Article 4.
While, during the period of organization of their services,
the States shall be engaged in regulating their expenses, the
Federal Government shall, for this purpose, open special
credits to them, under conditions determined by the Congress.

Article 5.
In the States which shall become organized the classification
of the revenues established in the Constitution shall enter
into force.

Article 6.
In the first appointments for the federal magistracy and for
that of the States, the preference shall be given to the
justices and magistrates of the higher courts of the greatest
note. Such as are not admitted into the new organization of
the judiciary, and have served 30 years, shall be retired on
full pay. Those who have served for less than 30 years shall
continue to receive their salaries until they shall be
employed, or retired with pay corresponding to their length of
service. The payment of salaries of magistrates retired or set
aside shall be made by the Federal Government.

Article 7.
To D. Pedro de Alcantara, ex-Emperor of Brazil, a pension is
granted, to run from the 15th of November, 1889, sufficient to
guaranty him a decent subsistence during his lifetime. The
Congress, at its first session, shall fix the amount of said
pension.

Article 8.
The Federal Government shall acquire for the nation the house
in which Dr. Benjamin Constant Botelho de Magalhães died, and
shall have placed on it a memorial slab in memory of that
great patriot, the founder of the Republic. _Sole
paragraph_.--The widow of the said Dr. Benjamin Constant
shall have, during her lifetime, the usufruct of the said
house. We order, then, all the authorities to whom the
recognition and execution of this Constitution belongs, to
execute it and have it executed and observed faithfully and
fully in all its provisions. Let the same be published and
observed throughout the territory of the nation.

Hall of the sessions of the National Constitutional Congress,
in the city of Rio de Janeiro, in the year 1891, and the third
of the Republic.

See BRAZIL: 1889-1891.

----------CONSTITUTION OF BRAZIL: End----------

CONSTITUTION OF CALIFORNIA.
For an account of the main features of this singular
constitution,

See CALIFORNIA: A. D. 1877-1880.

----------CONSTITUTION OF CALIFORNIA: End----------

CONSTITUTION OF CANADA.

CONSTITUTION OF CANADA: A. D. 1774.
The Quebec Act.

See CANADA: A. D. 1763-1774.

CONSTITUTION OF CANADA: A. D. 1791.
The Constitutional Act.

See CANADA: A. D. 1791.

CONSTITUTION OF CANADA: A. D. 1840.
The Union Act.

See CANADA: A. D. 1840-1867.

CONSTITUTION OF CANADA: A. D. 1867.
The British North America Act.

The history of the Confederation of the provinces of British
North America, forming the Dominion of Canada, is given
briefly under CANADA: A. D. 1867. The following is the text of
the Act of the Parliament of Great Britain by which the
Confederation was formed and its constitution established:

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:

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.
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.
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.

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6. 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. 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.

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 any Act
of the Parliament of Great Britain, or of the Parliament of
the United Kingdom of Great Britain and Ireland, or of the
Legislature of Upper Canada, Lower Canada, Canada, Nova
Scotia, or New Brunswick, are at the Union vested in or
exerciseable by the respective Governors or Lieutenant
Governors of those Provinces, with the advice, or with the
advice and consent, of the respective Executive Councils
thereof, or in conjunction with those Councils, or with any
number of members thereof, or by those Governors or Lieutenant
Governors individually, shall, as far as the same continue in
existence and capable of being exercised after the Union in
relation to the Government of Canada, be vested in and
exerciseable by the Governor General, with the advice or with
the advice and consent of or in conjunction with the Queen's
Privy Council for Canada, or any members thereof, or by the
Governor General individually, as the case requires, subject
nevertheless (except with respect to such as exist under Acts
of the Parliament of Great Britain or of the Parliament of the
United Kingdom of Great Britain and Ireland) to be abolished
or altered by the Parliament of Canada.

13. The provisions of this Act referring to the Governor
General in Council shall be construed as referring to the
Governor General acting by and with the advice of the Queen's
Privy Council for Canada.

14. It shall be lawful for the Queen, if Her Majesty thinks
fit, to authorize the Governor General from time to time to
appoint any person or any persons, jointly or severally, to be
his Deputy or Deputies within any part or parts of Canada, and
in that capacity to exercise during the pleasure of the
Governor General such of the powers, authorities, and
functions of the Governor General as the Governor General
deems it necessary and expedient to assign to him or them,
subject to any limitations or directions expressed or given by
the Queen; but the appointment of such a Deputy or Deputies
shall not affect the exercise by the Governor General himself
of any power, authority or function.

15. The Command-in-Chief of the Land and Naval Militia, and of
all Naval and Military Forces, of and in Canada, is hereby
declared to continue and be vested in the Queen.

16. Until the Queen otherwise directs, the seat of Government
of Canada shall be Ottawa.

17. There shall be one Parliament for Canada, consisting of
the Queen, an Upper House styled the Senate, and the House of
Commons.

18. 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.

19. The Parliament of Canada shall be called together not
later than six months after the Union.

20. There shall be a Session of the Parliament of Canada once
at least in every year, so that twelve months shall not
intervene between the last sitting of the Parliament in one
Session and its first sitting in the next Session.

21. The Senate shall, subject to the provisions of this Act,
consist of seventy-two members, who shall be styled Senators.

22. In relation to the constitution of the Senate, Canada
shall be deemed to consist of three divisions--1. Ontario; 2.
Quebec; 3. The Maritime Provinces, Nova Scotia and New
Brunswick; which three divisions shall (subject to the
provisions of this Act) be equally represented in the Senate
as follows: Ontario by twenty-four Senators; Quebec by
twenty-four Senators; and the Maritime Provinces by
twenty-four Senators, twelve thereof representing Nova Scotia,
and twelve thereof representing New Brunswick. In the case of
Quebec each of the twenty-four Senators representing that
Province shall be appointed for one of the twenty-four
Electoral Divisions of Lower Canada specified in Schedule A.
to chapter one of the Consolidated Statutes of Canada.

23. The qualification of a Senator shall be as follows:
(l) He shall be of the full age of thirty years:
(2) He shall be either a natural born subject of the Queen, or
a subject of the Queen naturalized by an Act of the Parliament
of Great Britain, or of the Parliament of the United Kingdom
of Great Britain and Ireland, or of the Legislature of one of
the Provinces of Upper Canada, Lower Canada, Canada, Nova
Scotia, or New Brunswick, before the Union, or of the
Parliament of Canada after the Union:
(3) He shall be legally or equitably seised as of freehold for
his own use and benefit of lands or tenements held in free and
common socage, or seised or possessed for his own use and
benefit of lands or tenements held in franc-alleu or in
roture, within the Province for which he is appointed, of the
value of four thousand dollars, over and above all rents,
dues, debts, charges, mortgages, and incumbrances due or
payable out of or charged on or affecting the same:
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(4) His real and personal property shall be together worth
$4,000 over and above his debts and liabilities:
(5) He shall be resident in the Province for which he is
appointed:
(6) In the case of Quebec he shall have his real property
qualification in the Electoral Division for which he is
appointed, or shall be resident in that Division.

24. The Governor General shall from time to time, in the
Queen's name, by instrument under the Great Seal of Canada,
summon qualified persons to the Senate; and, subject to the
provisions of this Act, every person so summoned shall become
and be a member of the Senate and a Senator.

25. Such persons shall be first summoned to the Senate as the
Queen by warrant under Her Majesty's Royal Sign Manual thinks
fit to approve, and their names shall be inserted in the
Queen's Proclamation of Union.

26. If at any time on the recommendation of the Governor
General the Queen thinks fit to direct that three or six
members be added to the Senate, the Governor General may by
summons to three or six qualified persons (as the case may
be), representing equally the three divisions of Canada, add
to the Senate accordingly.

27. In case of such addition being at any time made the
Governor General shall not summon any person to the Senate,
except on a further like direction by the Queen on the like
recommendation, until each of the three divisions of Canada is
represented by twenty-four Senators and no more.

28. The number of Senators shall not at any time exceed
seventy-eight.

29. A Senator shall, subject to the provisions of this Act,
hold his place in the Senate for life.

30. A Senator may by writing under his hand addressed to the
Governor General resign his place in the Senate, and thereupon
the same shall be vacant.

31. The place of a Senator shall become vacant in any of the
following cases:
(1) If for two consecutive Sessions of the Parliament he fails
to give his attendance in the Senate:
(2) If he takes an oath or makes a declaration or
acknowledgment of allegiance, obedience, or adherence to a
foreign power, or does an act whereby he becomes a subject or
citizen, or entitled to the rights or privileges of a subject
or citizen of a foreign power:
(3) If he is adjudged bankrupt or insolvent, or applies for
the benefit of any law relating to insolvent debtors, or
becomes a public defaulter:
(4) If he is attainted of treason or convicted of felony or of
any infamous crime:
(5) If he ceases to be qualified in respect of property or of
residence; provided, that a Senator shall not be deemed to
have ceased to be qualified in respect of residence by reason
only of his residing at the seat of the Government of Canada
while holding an office under that Government requiring his
presence there.

32. When a vacancy happens in the Senate by resignation,
death, or otherwise, the Governor General shall by summons to
a fit and qualified person fill the vacancy.

33. If any question arises respecting the qualification of a
Senator or a vacancy in the Senate the same shall be heard and
determined by the Senate.

34. The Governor General may from time to time, by instrument
under the Great Seal of Canada, appoint a Senator to be
Speaker of the Senate, and may remove him and appoint another
in his stead.

35. Until the Parliament of Canada otherwise provides, the
presence of at least fifteen Senators, including the Speaker,
shall be necessary to constitute a meeting of the Senate for
the exercise of its powers.

36. Questions arising in the Senate shall be decided by a
majority of voices, and the Speaker shall in all cases have a
vote, and when the voices are equal the decision shall be
deemed to be in the negative.

37. The House of Commons shall, subject to the provisions of
this Act, consist of one hundred and eighty-one members, of
whom eighty-two shall be elected for Ontario, sixty-five for
Quebec, nineteen for Nova Scotia, and fifteen for New
Brunswick.

38. The Governor General shall from time to time, in the
Queen's name, by instrument under the Great Seal of Canada,
summon and call together the House of Commons.

39. A Senator shall not be capable of being elected or of
sitting or voting as a member of the House of Commons.

40. Until the Parliament of Canada otherwise provides,
Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the
purposes of the election of members to serve in the House of
Commons, be divided into Electoral Districts as follows:--
(1) Ontario shall be divided into the Counties, Ridings of
Counties, Cities, parts of Cities, and Towns enumerated in the
first Schedule to this Act, each whereof shall be an Electoral
District, each such District as numbered in that Schedule
being entitled to return one member.
(2) Quebec shall be divided into sixty-five Electoral
Districts, composed of the sixty-five Electoral Divisions into
which Lower Canada is at the passing of this Act divided under
chapter two of the Consolidated Statutes of Canada, chapter
seventy-five of the Consolidated Statutes for Lower Canada,
and the Act of the Province of Canada of the twenty-third year
of the Queen, chapter one, or any other Act amending the same
in force at the Union, so that each such Electoral Division
shall be for the purposes of this Act an Electoral District
entitled to return one member.
(3) Each of the eighteen Counties of Nova Scotia shall be an
Electoral District. The County of Halifax shall be entitled to
return two members, and each of the other Counties one member.
(4) Each of the fourteen Counties into which New Brunswick is
divided, including the City and County of St. John, shall be
an Electoral District; the City of St. John shall also be a
separate Electoral District. Each of those fifteen Electoral
Districts shall be entitled to return one member.

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41. Until the Parliament of Canada otherwise provides, all
laws in force in the several Provinces at the Union relative
to the following matters or any of them, namely,--the
qualifications and disqualifications of persons to be elected
or to sit or vote as members of the House of Assembly or
Legislative Assembly in the several Provinces, the voters at
elections of such members, the oaths to be taken by voters,
the returning officers, their powers and duties, the
proceedings at elections, the periods during which elections
may be continued, the trial of controverted elections, and
proceedings incident thereto, the vacating of seats of
members, and the execution of new writs in case of seats
vacated otherwise than by dissolution,--shall respectively
apply to elections of members to serve in the House of Commons
for the same several Provinces. Provided that, until the
Parliament of Canada otherwise provides, at any election for a
Member of the House of Commons for the District of Algoma, in
addition to persons qualified by the law of the Province of
Canada to vote, every male British subject aged twenty-one
years or upwards, being a householder, shall have a vote.

42. For the first election of members to serve in the House of
Commons the Governor General shall cause writs to be issued by
such person, in such form, and addressed to such returning
officers as he thinks fit. The person issuing writs under this
section shall have the like powers as are possessed at the
Union by the officers charged with the issuing of writs for
the election of members to serve in the respective House of
Assembly or Legislative Assembly of the Province of Canada,
Nova Scotia, or New Brunswick; and the Returning Officers to
whom writs are directed under this section shall have the like
powers as are possessed at the Union by the officers charged
with the returning of writs for the election of members to
serve in the same respective House of Assembly or Legislative
Assembly.

43. In case a vacancy in the representation in the House of
Commons of any Electoral District happens before the meeting
of the Parliament, or after the meeting of the Parliament
before provision is made by the Parliament in this behalf, the
provisions of the last foregoing section of this Act shall
extend and apply to the issuing and returning of a writ in
respect of such vacant District.

44. The House of Commons on its first assembling after a
general election shall proceed with all practicable speed to
elect one of its members to be Speaker.

45. In case of a vacancy happening in the office of Speaker by
death, resignation or otherwise, the House of Commons shall
with all practicable speed proceed to elect another of its
members to be Speaker.

46. The Speaker shall preside at all meetings of the House of
Commons.

47. Until the Parliament of Canada otherwise provides, in case
of the absence for any reason of the Speaker from the chair of
the House of Commons for a period of forty-eight consecutive
hours, the House may elect another of its members to act as
Speaker, and the member so elected shall during the
continuance of such absence of the Speaker have and execute
all the powers, privileges, and duties of Speaker.

48. The presence of at least twenty members of the House of
Commons shall be necessary to constitute a meeting of the
House for the exercise of its powers, and for that purpose the
Speaker shall be reckoned as a member.

49. Questions arising in the House of Commons shall be decided
by a majority of voices other than that of the Speaker, and
when the voices are equal, but not otherwise, the Speaker
shall have a vote.

50. Every House of Commons shall continue for five years from
the day of the return of the writs for choosing the House
(subject to be sooner dissolved by the Governor General), and
no longer.

51. On the completion of the census in the year one thousand
eight hundred and seventy-one, and of each subsequent
decennial census, the representation of the four Provinces
shall be re-adjusted 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) Quebec shall have the fixed number of sixty-five members:
(2) There shall be assigned to each of the other Provinces
such a number of members as will bear the same proportion to
the number of its population (ascertained at such census) as
the number sixty-five bears to the number of the population of
Quebec (so ascertained):
(3) In the computation of the number of members for a Province
a fractional part not exceeding one-half of the whole number
requisite for entitling the Province to a member shall be
disregarded; but a fractional part exceeding one-half of that
number shall be equivalent to the whole number:
(4) On any such re-adjustment the number of members for a
Province shall not be reduced unless the proportion which the
number of the population of the Province bore to the number of
the aggregate population of Canada at the then last preceding
re-adjustment of the number of members for the Province is
ascertained at the then latest census to be diminished by
one-twentieth part or upwards: (5) Such re-adjustment shall
not take effect until the termination of the then existing
Parliament.

52. The number of members of the House of Commons may be from
time to time increased by the Parliament of Canada, provided
the proportionate representation of the Provinces prescribed
by this Act is not thereby disturbed.

53. Bills for appropriating any part of the public revenue, or
for imposing any tax or impost, shall originate in the House
of Commons.

54. It shall not be lawful for the House of Commons to adopt
or pass any vote, resolution, address, or bill for the
appropriation of any part of the public revenue, or of any tax
or impost, to any purpose that has not been first recommended
to that House by message of the Governor General in the
Session in which such vote, resolution, address, or bill is
proposed.

55. Where a bill passed by the Houses of the Parliament is
presented to the Governor General for the Queen's assent, he
shall declare according to his discretion, but subject to the
provisions of this Act and to Her Majesty's instructions,
either that he assents thereto in the Queen's name, or that he
withholds the Queen's assent, or that he reserves the bill for
the signification of the Queen's pleasure.

56. Where the Governor General assents to a bill in the
Queen's name, he shall by the first convenient opportunity
send an authentic copy of the Act to one of Her Majesty's
Principal Secretaries of State, and if the Queen in Council
within two years after receipt thereof by the Secretary of
State thinks fit to disallow the Act, such disallowance (with
a certificate of the Secretary of State of the day on which
the Act was received by him) being signified by the Governor
General, by speech or message to each of the Houses of the
Parliament, or by proclamation, shall annul the Act from and
after the day of such signification.

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57. A bill reserved for the signification of the Queen's
pleasure shall not have any force unless and until within two
years from the day on which it was presented to the Governor
General for the Queen's assent, the Governor General
signifies, by speech or message to each of the Houses of the
Parliament or by proclamation, that it has received the assent
of the Queen in Council. An entry of every such speech,
message, or proclamation shall be made in the Journal of each
House, and a duplicate thereof duly attested shall be
delivered to the proper officer to be kept among the Records
of Canada.

58. For each Province there shall be an officer, styled the
Lieutenant Governor, appointed by the Governor General in
Council by instrument under the Great Seal of Canada.

59. A Lieutenant Governor shall hold office during the
pleasure of the Governor General; but any Lieutenant Governor
appointed after the commencement of the first Session of the
Parliament of Canada shall not be removable within five years
from his appointment, except for cause assigned, which shall
be communicated to him in writing within one month after the
order for his removal is made, and shall be communicated by
message to the Senate and to the House of Commons within one
week thereafter if the Parliament is then sitting, and if not
then within one week after the commencement of the next
Session of the Parliament.

60. The salaries of the Lieutenant Governors shall be fixed
and provided by the Parliament of Canada.

61. Every Lieutenant Governor shall, before assuming the
duties of his office, make and subscribe before the Governor
General, or' some person authorized by him, oaths of
allegiance and office similar to those taken by the Governor
General.

62. The provisions of this Act referring to the Lieutenant
Governor extend and apply to the Lieutenant Governor for the
time being of each Province or other the chief executive
officer or administrator for the time being carrying on the
government of the Province, by whatever title he is
designated.

63. The Executive Council of Ontario and of Quebec shall be
composed of such persons as the Lieutenant Governor from to
time thinks fit, and in the first instance of the following
officers, namely:--The Attorney-General, the Secretary and
Registrar of the Province, the Treasurer of the Province, the
Commissioner of Crown Lands, and the Commissioner of
Agriculture and Public Works, with in Quebec the Speaker of
the Legislative Council and the Solicitor General.

64. The Constitution of the Executive Authority in each of the
Provinces of Nova Scotia and New Brunswick shall, subject to
the provisions of this Act, continue as it exists at the Union
until altered under the authority of this Act.

65. All powers, authorities, and functions which under any Act
of the Parliament of Great Britain, or of the Parliament of
the United Kingdom of Great Britain and Ireland, or of the
Legislature of Upper Canada, Lower Canada, or Canada, were or
are before or at the Union vested in or exerciseable by the
respective Governors or Lieutenant Governors of those
Provinces, with the advice, or with the advice and consent, of
the respective Executive Councils thereof, or in conjunction
with those Councils, or with any number of members thereof, or
by those Governors or Lieutenant Governors individually,
shall, as far as the same are capable of being exercised after
the Union in relation to the Government of Ontario and Quebec,
respectively, be vested in, and shall or may be exercised by
the Lieutenant Governor of Ontario and Quebec respectively,
with the advice or with the advice and consent of or in
conjunction with the respective Executive Councils, or any
members thereof, or by the Lieutenant Governor individually,
as the case requires, subject nevertheless (except with
respect to such as exist under Acts of the Parliament of Great
Britain, or of the Parliament of the United Kingdom of Great
Britain and Ireland), to be abolished or altered by the
respective Legislatures of Ontario and Quebec.

66. The provisions of this Act, referring to the Lieutenant
Governor in Council shall be construed as referring to the
Lieutenant Governor of the Province acting by and with the
advice of the Executive Council thereof.

67. The Governor General in Council may from time to time
appoint an administrator to execute the office and functions
of Lieutenant Governor during his absence, illness, or other
inability.

68. Unless and until the Executive Government of any Province
otherwise directs with respect to the Province, the seats of
Government of the Provinces shall be as follows, namely,--of
Ontario, the City of Toronto; of Quebec, the City of Quebec;
of Nova Scotia, the City of Halifax; and of New Brunswick, the
City of Fredericton.

69. There shall be a Legislature for Ontario consisting of the
Lieutenant Governor and of one House, styled the Legislative
Assembly of Ontario.

70. The Legislative Assembly of Ontario shall be composed of
eighty-two members, to be elected to represent the eighty-two
Electoral Districts set forth in the first Schedule to this
Act.

71. There shall be a Legislature for Quebec consisting of the
Lieutenant Governor and of two Houses, styled the Legislative
Council of Quebec and the Legislative Assembly of Quebec.

72. The Legislative Council of Quebec shall be composed of
twenty-four members, to be appointed by the Lieutenant
Governor in the Queen's name, by instrument under the Great
Seal of Quebec, one being appointed to represent each of the
twenty-four Electoral Divisions of Lower Canada in this Act
referred to, and each holding office for the term of his life,
unless the Legislature of Quebec otherwise provides under the
provisions of this Act.

73. The qualifications of the Legislative Councillors of
Quebec shall be the same as those of the Senators for Quebec.

74. The place of a Legislative Councillor of Quebec shall
become vacant in the cases, 'mutatis mutandis' in which the
place of Senator becomes vacant.

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75. When a vacancy happens in the Legislative Council of
Quebec, by resignation, death, or otherwise, the Lieutenant
Governor, in the Queen's name, by instrument under the Great
Seal of Quebec, shall appoint a fit and qualified person to
fill the vacancy.

76. If any question arises respecting the qualification of a
Legislative Councillor of Quebec, or a vacancy in the
Legislative Council of Quebec, the same shall be heard and
determined by the Legislative Council.

77. The Lieutenant Governor may from time to time, by
instrument under the Great Seal of Quebec, appoint a member of
the Legislative Council of Quebec to be Speaker thereof, and
may remove him and appoint another in his stead.

78. Until the Legislature of Quebec otherwise provides, the
presence of at least ten members of the Legislative Council,
including the Speaker, shall be necessary to constitute a
meeting for the exercise of its powers.

79. Questions arising in the Legislative Council of Quebec
shall be decided by a majority of voices, and the Speaker
shall in all cases have a vote, and when the voices are equal
the decision shall be deemed to be in the negative.

80. The Legislative Assembly of Quebec shall be composed of
sixty-five members, to be elected to represent the sixty-five
Electoral Divisions or Districts of Lower Canada in this Act
referred to, subject to alteration thereof by the Legislature
of Quebec: Provided that it shall not be lawful to present to
the Lieutenant Governor of Quebec for assent any bill for
altering the limits of any of the Electoral Divisions or
Districts mentioned in the second Schedule to this Act, unless
the second and third readings of such bill have been passed in
the Legislative Assembly with the concurrence of the majority
of the members representing all those Electoral Divisions or
Districts, and the assent shall not be given to such bills
unless an address has been presented by the Legislative
Assembly to the Lieutenant Governor stating that it has been
so passed.

81. The Legislatures of Ontario and Quebec respectively shall
be called together not later than six months after the Union.

82. The Lieutenant Governor of Ontario and of Quebec shall
from time to time, in the Queen's name, by instrument under
the Great Seal of the Province, summon and call together the
Legislative Assembly of the Province.

83. Until the Legislature of Ontario or of Quebec otherwise
provides, a person accepting or holding in Ontario or in
Quebec any office, commission, or employment, permanent or
temporary, at the nomination of the Lieutenant Governor, to
which an annual salary, or any fee, allowance, emolument, or
profit of any kind or amount whatever from the Province is
attached, shall not be eligible as a member of the Legislative
Assembly of the respective Province, nor shall he sit or vote as
such; but nothing in this section shall make ineligible any
person being a member of the Executive Council of the
respective Province, or holding any of the following offices,
that is to say, the offices of Attorney-General, Secretary and
Registrar of the Province, Treasurer of the Province,
Commissioner of Crown Lands, and Commissioner of Agriculture
and Public Works and, in Quebec, Solicitor-General, or shall
disqualify him to sit or vote in the House for which he is
elected, provided he is elected while holding such office.

84. Until the Legislatures of Ontario and Quebec respectively
otherwise provide, all laws which at the Union are in force in
those Provinces respectively, relative to the following
matters, or any of them, namely,--the qualifications and
disqualifications of persons to be elected or to sit or vote
as members of the Assembly of Canada, the qualifications or
disqualifications of voters, the oaths to be taken by voters,
the Returning Officers, their powers and duties, the
proceedings at elections, the periods during which such
elections may be continued, and the trial of controverted
elections and the proceedings incident thereto, the vacating
of the seats of members and the issuing and execution of new
writs in case of seats vacated otherwise than by dissolution,
shall respectively apply to elections of members to serve in
the respective Legislative Assemblies of Ontario and Quebec.
Provided that until the Legislature of Ontario otherwise
provides, at any election for a member of the Legislative
Assembly of Ontario for the District of Algoma, in addition to
persons qualified by the law of the Province of Canada to
vote, every male British subject, aged twenty-one years or
upwards, being a householder, shall have a vote.

85. Every Legislative Assembly of Ontario and every
Legislative Assembly of Quebec shall continue for four years
from the day of the return of the writs for choosing the same
(subject nevertheless to either the Legislative Assembly of
Ontario or the Legislative Assembly of Quebec being sooner
dissolved by the Lieutenant Governor of the Province), and no
longer.

86. There shall be a session of the Legislature of Ontario and
of that of Quebec once at least in every year, so that twelve
months shall not intervene between the last sitting of the
Legislature in each Province in one session and its first
sitting in the next session.

87. The following provisions of this Act respecting the House
of Commons of Canada, shall extend and apply to the
Legislative Assemblies of Ontario and Quebec, that is to
say,--the provisions relating to the election of a Speaker
originally and on vacancies, the duties of the Speaker, the
absence of the Speaker, the quorum, and the mode of voting, as
if those provisions were here re-enacted and made applicable
in terms to each such Legislative Assembly.

88. The constitution of the Legislature of each of the
Provinces of Nova Scotia and New Brunswick shall, subject to
the provisions of this Act, continue as it exists at the Union
until altered under the authority of this Act; and the House
of Assembly of New Brunswick existing at the passing of this
Act shall, unless sooner dissolved, continue for the period
for which it was elected.

89. Each of the Lieutenant Governors of Ontario, Quebec, and
Nova Scotia shall cause writs to be issued for the first
election of members of the Legislative Assembly thereof in
such form and by such person as he thinks fit, and at such
time and addressed to such Returning Officer as the Governor
General directs, and so that the first election of member of
Assembly for any Electoral District or any subdivision thereof
shall be held at the same time and at the same places as the
election for a member to serve in the House of Commons of
Canada for that Electoral District.

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90. The following provisions of this Act respecting the
Parliament of Canada, namely,--the provisions relating to
appropriation and tax bills, the recommendation of money
votes, the assent to bills, the disallowance of Acts. and the
signification of pleasure on bills reserved,--shall extend and
apply to the Legislatures of the several Provinces as if those
provisions were here re-enacted and made applicable in terms
to the respective Provinces and the Legislatures thereof, with
the substitution of the Lieutenant Governor of the Province
for the Governor General, of the Governor General for the
Queen and for a Secretary of State, of one year for two years,
and of the Province for Canada.

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. The Public Debt and Property.
2. The regulation of Trade and Commerce.
3. The raising of money by any mode or system of Taxation.
4. The borrowing of money on the public credit.
5. Postal service.
6. The Census and Statistics.
7. Militia, Military and Naval Service, and Defence.
8. The fixing of and providing for the salaries and allowances
of civil and other officers of the Government of Canada.
9. Beacons, Buoys, Lighthouses, and Sable Island.
10. Navigation and Shipping.
11. Quarantine and the establishment and maintenance of Marine
Hospitals.
12. Sea coast and inland Fisheries.
13. Ferries between a Province and any British or Foreign
country, or between two Provinces.
14. Currency and Coinage.
15. Banking, incorporation of banks, and the issue of paper
money.
16. Savings Banks.
17. Weights and Measures.
18. Bills of Exchange and Promissory Notes.
19. Interest.
20. Legal tender.
21. Bankruptcy and Insolvency.
22. Patents of invention and discovery.
23. Copyrights.
24. Indians, and lands reserved for the Indians.
25. Naturalization and Aliens.
26. Marriage and Divorce.
27. The Criminal Law, except the Constitution of Courts of
Criminal Jurisdiction, but including the Procedure in Criminal
Matters.
28. The Establishment, Maintenance, and Management of
Penitentiaries.
29. Such classes of subjects as are expressly excepted in the
enumeration of the classes of subjects by this Act assigned
exclusively to the Legislatures of the Provinces. And any
matter coming within any of the classes of subjects enumerated
in this section shall not be deemed to come within the class
of matters of a local or private nature comprised in the
enumeration of the classes of subjects by this Act assigned
exclusively to the Legislatures of the Provinces.

92. In each Province the Legislature may exclusively make laws
in relation to matters coming within the classes of subjects
next hereinafter enumerated; that is to say,--
1. The amendment from time to time, notwithstanding anything
in this Act, of the Constitution of the Province, except as
regards the office of Lieutenant Governor.
2. Direct Taxation within the Province in order to the raising
of a Revenue for Provincial purposes.
3. The borrowing of money on the sole credit of the Province.
4. The establishment and tenure of Provincial offices and the
appointment and payment of Provincial officers.
5. The management and sale of the Public Lands belonging to
the Province and of the timber and wood thereon.
6. The establishment, maintenance, and management of public
and reformatory prisons in and for the Province.
7. The establishment, maintenance, and management of
hospitals, asylums, charities, and eleemosynary institutions
in and for the Province, other than marine hospitals.
8. Municipal institutions in the Province.
9. Shop, saloon, tavern, auctioneer, and other licenses in
order to the raising of a revenue for Provincial, local, or
municipal purposes.
10. Local works and undertakings other than such as are of the
following classes,
_a._ Lines of steam or other ships, railways, canals,
telegraphs, and other works and undertakings connecting the
Province with any other or others of the Provinces, or
extending beyond the limits of the Province:
_b._ Lines of steamships between the Province and any
British or foreign country.
_c._ Such works as, although wholly situate within the
Province, are before or after their execution declared by the
Parliament of Canada to be for the general advantage of Canada
or for the advantage of two or more of the Provinces.
11. The incorporation of companies with Provincial objects.
12. The solemnization of marriage in the Province.
13. Property and civil rights in the Province.
14. The administration of justice in the Province, including
the constitution, maintenance, and organization of Provincial
Courts, both of civil and of criminal jurisdiction, and
including procedure in Civil matters in those Courts.
15. The imposition of punishment by fine, penalty, or
imprisonment for enforcing any law of the Province made in
relation to any matter coming within any of the classes of
subjects enumerated in this section.
16. Generally all matters of a merely local or private nature
in the Province.

93. In and for each Province the Legislature may exclusively
make laws in relation to education, subject and according to
the following provisions:
(1) Nothing in any such law shall prejudicially affect any
right or privilege with respect to denominational schools
which any class of persons have by law in the Province at the
Union.
(2) All the powers, privileges, and duties at the Union by law
conferred and imposed in Upper Canada on the separate schools
and school trustees of the Queen's Roman Catholic subjects
shall be and the same are hereby extended to the dissentient
schools of the Queen's Protestant and Roman Catholic subjects
in Quebec.
(3) Where in any Province a system of separate or dissentient
schools exists by law at the Union or is thereafter,
established by the Legislature of the Province, an appeal
shall lie to the Governor General in Council from any Act or
decision of any Provincial authority affecting any right or
privilege of the Protestant or Roman Catholic minority of the
Queen's subjects in relation to education:
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(4) In case any such Provincial law as from time to time seems
to the Governor General in Council requisite for the due
execution of the provisions of this section is not made, or in
case any decision of the Governor General in Council on any
appeal under this section is not duly executed by the proper
Provincial authority in that behalf, then find in every such
case, and as far only as the circumstances of each case
require, the Parliament of Canada may make remedial laws for
the due execution of the provisions of this section and of any
decision of the Governor General in Council under this
section.

94. Notwithstanding anything in this Act, the Parliament of
Canada may make provision for the uniformity of all or any of
the laws relative to property and civil rights in Ontario,
Nova Scotia, and New Brunswick, and of the procedure of all or
any of the Courts in those three Provinces; and from and after
the passing of any Act in that behalf the power of the
Parliament of Canada to make laws in relation to any matter
comprised in any such Act shall, notwithstanding anything in
this Act, be unrestricted; but any Act of the Parliament of
Canada making provision for such uniformity shall not have
effect in any Province unless and until it is adopted and
enacted as law by the Legislature thereof.

95. In each Province the Legislature may make laws in relation
to Agriculture in the Province, and to Immigration into the
Province; and it is hereby declared that the Parliament of
Canada may from time to time make laws in relation to
Agriculture in all or any of the Provinces, and to Immigration
into all or any of the Provinces; and any law of the
Legislature of a Province relative to Agriculture or to
Immigration shall have effect in and for the Province as long
and as far only as it is not repugnant to any Act of the
Parliament of Canada.

96. The Governor General shall appoint the Judges of the
Superior, District, and County Courts in each Province, except
those of the Courts of Probate in Nova Scotia and New
Brunswick.

97. Until the laws relative to property and civil rights in
Ontario, Nova Scotia, and New Brunswick, and the procedure of
the Courts in those Provinces, are made uniform, the Judges of
the Courts of those Provinces appointed by the Governor
General shall be selected from the respective Bars of those
Provinces.

98. The Judges of the Courts of Quebec shall be selected from
the Bar of that Province.

99. The Judges of the Superior Courts shall hold office during
good behaviour, but shall be removable by the Governor General
on address of the Senate and House of Commons.

100. The salaries, allowances, and pensions of the Judges of
the Superior, District, and County Courts (except the Courts
of Probate in Nova Scotia and New Brunswick), and of the
Admiralty Courts in cases where the Judges thereof are for the
time being paid by salary, shall be fixed and provided by the
Parliament of Canada.

101. The Parliament of Canada may, notwithstanding anything in
this Act, from time to time, provide for the constitution,
maintenance, and organization of a general Court of Appeal for
Canada, and for the establishment of any additional Courts for
the better administration of the Laws of Canada.

102. All duties and revenues over which the respective
Legislatures of Canada, Nova Scotia, and New Brunswick before
and at the Union had and have power of appropriation, except
such portions thereof as are by this Act reserved to the
respective Legislatures of the Provinces, or are raised by
them in accordance with the special powers conferred on them
by this Act, shall form one Consolidated Revenue Fund, to be
appropriated for the public service of Canada in the manner
and subject to the charges in this Act provided.

103. The Consolidated Revenue Fund of Canada shall be
permanently charged with the costs, charges, and expenses
incident to the collection, management, and receipt thereof,
and the same shall form the first charge thereon, subject to
be reviewed and audited in such manner as shall be ordered by
the Governor General in Council until the Parliament otherwise
provides.

104. The annual interest of the public debts of the several
Provinces of Canada, Nova Scotia, and New Brunswick at the
Union shall form the second charge on the Consolidated Revenue
Fund of Canada.

105. Unless altered by the Parliament of Canada, the salary of
the Governor General shall be ten thousand pounds sterling
money of the United Kingdom of Great Britain and Ireland,
payable out of the Consolidated Revenue Fund of Canada, and
the same shall form the third charge thereon.

106. Subject to the several payments by this Act charged on
the Consolidated Revenue Fund of Canada, the same shall be
appropriated by the Parliament of Canada for the public
service.