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may be doubted if, under the above Act, a province could be created with less power than the provinces named in the B. N. A. Act. However this may be, any Act of the parliament of Canada creative of a new province becomes at once, in effect, an Imperial Act--at all events an Act which can be altered by nothing short of Imperial legislation. Such is the position of Manitoba to-day. Her charter is :
33 Vic., Cap. 3.
An Act to amend and continue the Act 32 and 33 Victoria,
chapter 3 ; and to establish and provide for the Government of the Province of Manitoba.
[Assented to 12th May, 1870.)
WHEREAS it is probable that Her Majesty
to North America Act, 1867, be pleased to admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada :
And Whereas it is expedient to prepare for the transfer of the said Territories to the Government of Canada at the time appointed by the Queen for such admission:
Anel Whereas it is expedient also to provide for the organization of part of the said Territories as a Province, and for the establishment of a Government therefor, and to make provision for the Civil Government of the remaining part of the said Territories not included within the limits of the Province:
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. On, from and after the day upon which province to the Queen by and with the advice and consent out of N. w.
territory of Her Majesty's Most Honorable Privy Conncil, whenuaited under the authority of the 146th section of the British North America Act, 1867, shall, by Order in Council in that behalf (c), admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, there shall be formed out of the same a Province, which shall be one of the Provinces of the Dominion of Canada, and which shall be called the Its name and Province of Manitoba, and be bounded as follows:
[The boundaries as here defined were afterwards altered, and the area of the Province enlarged. See ante, p. 587; also R. S. C. c. 47.]
2. On, from and after the said day on which Certain prothe Order of the Queen in Council shall take B. N. A. Act,
1867. to apply effect as aforesaid, the provisions of the British to Manitoba. North America Act, 1867, shall, except those parts thereof which are in terms made, or by reasonable intendment, may be held to be specially applicable to, or only to affect one or more, but not the whole of the Provinces now composing the Dominion, and except so far as the same may be varied by this Act, be applicable to the Province of Manitoba, in the same way, and to the like extent as they apply to the several Provinces of Canada, and as if the Province of Manitoba had been one of the Provinces originally united by the said Act.
3. The said Province shall be represented in Representathe Senate of Canada by two Members, until Senate. (d'.
(c) The Order in Council bears date 23 June, 1870, and provides for admission on 15 July, 1870.
(d) Now 3. See R. S. C. c. 12; also ante, p. 268, et seq.
tion in the
it shall have, according to decennial census, a population of fifty thousand souls, and from thenceforth it shall be represented therein by three Members, until it shall have, according to decennial census, a population of seventy-five thousand souls, and from thenceforth it shall
be represented therein by four Members. Representa 4. The said Province shall be represented, in tion in the
the first instance, in the House of Commons of Canada, by four Members, and for that purpose shall be divided by proclamation of the Governor-General, into four Electoral Districts, each of which shall be represented by one Member: Provided that on the completion of the census in the year 1881, and of each decennial census afterwards, the representation of the said Province shall be re-adjusted according to the provisions of the fifty-first section of the British
North Amercia Act, 1867. Qualification 5. Until the Parliament of Canada otherwise members (). provides, the qualification of voters at Elections
of Members of the House of Commons shall be the same as for the Legislative Assembly hereinafter mentioned: And no person shall be qualified to be elected, or to sit and vote as a Member for any Electoral District, unless he is a duly qualified voter within the said Province.
6. For the said Province there shall be an Governor (9).
officer styled the Lieutenant-Governor, appointed by the Governor-General in Council by instrument under the Great Seal of Canada.
of voters and
(e) Now 7. See 55-56 Vic. c. 11 (Dom.); also ante, p. 282, et seq.
(f) See ante, p. 285, et seq. The restriction imposed by the latter part of the section has been removed.
(9) See ante, p. 300, et seq.
7. The Executive Council of the Province Executive
Council (h). shall be composed of such persons, and under such designations, as the Lieutenant-Governor shall, from time to time, think fit; and, in the first instance, of not more than five persons. 8. Unless and until the Executive Govern- Seat of
Govern. ment of the Province otherwise directs, the seat ment (i). of Government of the same shall be at Fort Garry, or within one mile thereof.
9. There shall be a Legislature for the Prov- Legislature.. ince, consisting of the Lieutenant-Governor, and of two Houses (j), styled respectively, the Legislative Council of Manitoba, and the Legislative Assembly of Manitoba.
[Sections 10-13 relate to the defunct Legislative Council.]
14. The Legislative Assembly shall be com- Legislative posed of twenty-four Members, to be elected to represent the Electoral Divisions into which the said Province may be divided by the LieutenantGovernor, as hereinafter mentioned.
15. The presence of a majority of the Mem- Quorum. bers of the Legislative Assembly 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.
(h) The provisions of this and the following sections, relating to the provincial constitution, have all been the subject of provincial legislation. See R. 8. Man. (1888); and see also notes to B. N. A. Act, 1867, s. 92, s-s. 1, ante, p. 420, et seq. (i) Now"
Winnipeg." (j) Now only one. The Legislative Council was abolished by 39 Vic.. c. 29 (Man.); see ante, p. 326.
Sessions at least once & year (l).
[Sections 16 to 18 relate to first elections, electoral districts, and qualifications of voters.
They are long since effete.] Dure tion of
19. Every Legislative Assembly shall conLegislative Assembly (k). tinue for four years from the date of the return
of the writs for returning the same (subject nevertheless to being sooner dissolved by the Lieutenant-Governor), and no longer; and the first Session thereof shall be called at such time as the Lieutenant-Governor shall appoint.
20. There shall be a Session of the Legislature once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session.
21. The following provisions of the British B. X. A. Act, North America Act, 1867, respecting the House apply (m). of Commons of Canada, shall extend and apply
to the Legislative Assembly, that is to say :Provisions relating to the election of a Speaker, originally, and on vacancies,—the duties of the Speaker, the absence of the Speaker and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to the
Legislative Assembly. Legislation 22. In and for the Province, the said Legis
lature may exclusively make Laws in relation provisious (n). to Education, subject and according to the fol
lowing provisions :
(1) Nothing in any such law shall prejudicially affect any right or privilege with respect
Certain provisions of
toi schools sub. ject to certain
(k) See ante, p. 336.