as to the privileges. etc., of the provincial assemblies and the members thereof. Such legislation could in no sense be said to effect an enlargement of their sphere of legislative activity. We do not overlook what was laid down in Bank of Toronto v. Lambe (n), that provincial legislatures have no inherent or reserved rights of legislation dating from a time anterior to the B. N. A. Act, that by that Act the whole range of colonial legislative power is exhausted; our argument is based on the language of the B. N. A. Act itself, and on what, we submit, is a reasonable construction of that language.

The following provincial acts, defining the privileges, etc., of the legislative assemblies in the respective provinces, and of their members, are therefore, it is submitted, intra vires :

Ontario. R. S. O. (1887), c. 11, s. 37, et seq.
Quebec. R. S. Q. (1888), Art. 124, et seq.

Nova Scotia. R. S. N. S. (1884), c. 3, s. 20, et seq.
New Brunswick. 33 Vic. c. 33.

P. E. Island. 26 Vic. c. 15 (1863).

Manitoba. R. S. M. (1880), c. 5, s. 36, et seq.

British Columbia. R. S. B. C. (1888), c. 22, s. 76, et seq. The position of the N. W. Territories will be found treated in Part IV., post.

Electoral districts (i).

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.

(i) The representation in the different provincial legislatures has from time to time since 1867 been altered, under the power granted to the provincial legislatures by section 92, sub-section 1. Owing to the frequent revision of the statutes in the various provinces, it is not thought desirable (n) 12 App. Cas. 575.

to encumber this work with a list of the various electoral districts for provincial purposes. So far as Ontario is concerned, they will be found set out in R. S. O. c. 7, and subsequent amendments. The number of members is now 91.

2.—QUEBEC.

for Quebec.

71. There shall be a Legislature for Legislature Quebec consisting of the LieutenantGovernor and of two Houses (i), styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.

(i) "Two houses."-See notes to section 69, where will be found a statement of the position of the various provinces, in regard to this matter. See also the notes to section 21, ante, p. 268.

Council.

72. The Legislative Council of Que- Constitution bec shall be composed of twenty-four members, to be appointed by the Lieutenant-Governor in the Queen's name (i), by instrument under the Great Seal of Quebec, one being appointed to represent each of the twenty-four Electoral Divisions (ii) 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 (iii).

(i) "In the Queen's name."-See note (ii) to section 69, ante, p. 325.

(ii) "Each of the twenty-four electoral divisions."-See notes to section 22, sub-section 3, ante, p. 272.

(iii)" Unless the legislature of Quebec otherwise provides."-Up to the present time no change has been made

in the constitution of the legislative council of that pro

vince.

Qualification

of Legislative Councillors.

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

(i) See section 23, ante, p. 273.

Resignation, Disqualification, &c.

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 (i).

(i) See sections 30 and 31, ante, p. 277.

Vacancies (i).

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

(i) See notes to section 32, ante, p. 278.

(ii) "In the Queen's name.”—See section 72, above, and see also notes to section 69, ante, p. 325.

Questions as to Vacancies,

&c.

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 (i).

(i) See notes to section 33, ante, p. 278.

Speaker of
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 (i).

(i) See section 34, ante, p. 279.

Council.

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

(i) See notes to section 35, ante, p. 280.

Legislative

79. Questions arising in the Legisla- Voting in tive Council of Quebec shall be decided Council. 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 (i).

(i) See notes to section 36, ante, p. 281. It will be noted that in the Senate of Canada, and the Legislative Council of Quebec, the Speaker is entitled to vote as an ordinary member, and has no casting vote: while in the House of Commons, and the Legislative Assemblies of the various provinces the Speaker has only a casting vote in case of a tie. See sections 49 and 90.

of Legislative Assembly of

80. The Legislative Assembly of Constitution Quebec shall be composed of sixty-five Quebec. members, to be elected to represent the sixty-five electoral divisions or districts. of Lower Canada in this Act referred to, subject to alteration (i) thereof by the

Legislature of Quebec: Provided that it shall not be lawful (ii) 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 bill unless an address has been presented by the Legislative Assembly to the Lieutenant-Governor stating that it has been so passed.

(i) "Subject to alteration."-See 53 Vic., c. 3 (Quebec), by which the membership of the legislative assembly of that province is fixed at 72.

(ii) "It shall not be lawful, etc."-See notes to section 22, ante, where the considerations which led to this particular arrangement in the case of Quebec are adverted to. The electoral districts set out in the second schedule, are, or were at the date of Confederation, inhabited largely by protestant English, and are familiarly known as the "eastern townships."

First Session of Legisla

tures.

3.-ONTARIO AND QUEBEC.

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

(i) This section is now effete. The first sessions of the legislatures of Ontario and Quebec respectively were held