Power to admit Newfoundland,

etc., into the Union.

its immediate construction by the government of Canada: Therefore, in order to give effect to that agreement, it shall be the duty of the government and parliament of Canada to provide for the commencement within six months after the union, of a railway connecting the river St. Lawrence with city of Halifax in Nova Scotia, and for the construction thereof without intermission, and the completion thereof with all practicable speed.

XI. ADMISSION OF OTHER COLONIES. (e)

146. It shall be lawful for the Queen, by and with the advice of Her Majesty's most honourable Privy Council, on addresses from the Houses of Parliament of Canada, and from the Houses of the respective Legislatures of the colonies or provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those colonies or provinces, or any of them, into the union, and on address from the Houses of the Parliament in Canada to admit Rupert's Land and the North-western Territory, or either of them, into the union, on such terms and conditions (f) in each case as are in the

(e) By virtue of the last clause of section 146, the various orders in council subsequently promulgated effecting the admission to the union of Rupert's Land and the North-Western Territory, and of British Columbia and Prince Edward Island are, in effect, Imperial Acts, and are, to those new portions of the Dominion, their constitutional charters.1

(f) There is no presumption either for or against a variation, so far as regards the added provinces, of the terms of original B. N. A. Act of 1867.2 But "prima facie, terms taken from section 92 of the B. N. A. Act, to denote the sub

1 See post.

2 Brophy v. Atty.-Gen. (Man.), (1895) A. C. 202; 64 L. J. P. C. 70; 5 Cart. 156.

addresses expressed and as the Queen thinks fit to approve, subject to the provisions of this Act; and the provisions of any order-in-council in that behalf shall have effect as if they had been enacted by the parliament of the United Kingdom of Great Britain and Ireland.

sentation of

en- Newfound

land and

ward Island

147. In case of the admission of Newfoundland and As to reprePrince Edward Island, or either of them, each shall be titled to a representation in the Senate of Canada of four Prince Edmembers, and (notwithstanding anything in this Act) in case in Senate. of the admission of Newfoundland the normal number of Senators shall be seventy-six and their maximum number shall be eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the three divisions into which Canada is, in relation to the constitution of the Senate, divided by this Act, and accordingly, after the admission of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New Brunswick in the Senate shall, as vacancies occur, be reduced from twelve to ten members respectively, and the representation of each of those Provinces shall not be increased at any time beyond ten, except under the provisions of this Act for the appointment of three or six additional Senators under the direction of the Queen.

ject of legislative authority of the Territories, bear the like meaning as in that Act." 3

3

Dinner v. Humberstone, 26 S. C. R. 252. The Act there in question, in which terms were employed taken from the B. N. A. Act, was a Dominion Act; but, it is submitted, the rule would apply a fortiori in the case of an Imperial Act copying the words of the B. N. A. Act.

Short title.

THE B. N. A. ACT, 1871.

34-35 VIC., CAP. 28.

An Act respecting the establishment of Provinces in the
Dominion of Canada.

[29th June, 1871.]

WHEREAS doubts have been entertained respecting the

powers of the Parliament of Canada to establish Provinces in Territories admitted, or which may hereafter be admitted into the Dominion of Canada, and to provide for the representation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament:

Be it enacted 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 for all purposes as The British

North America Act, 1871.”

Parliament of 2. The Parliament of Canada may from time to time Canada may

Provinces and provide for the constitution, &c., thereof.

establish new establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the said Parliament. (a)

Alteration of limits of Provinces.

3. The Parliament of Canada may from time to time with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the

(a) Can a new province be established with a smaller. sphere of authority than that occupied by the provinces named

limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby. (b)

Canada may

4. The Parliament of Canada may from time to time Parliament of make provision for the administration, peace, order and good legislate for any territory government of any territory not for the time being included not included in any Province. (c)

in a Province.

of Acts of Par

Canada, 32 &

5. The following Acts passed by the said Parliament of Confirmation Canada, and intituled respectively: "An Act for the tem- liament of porary government of Rupert's Land and the North-Western 33 Vict., (Can). Territory when united with Canada," and "An Act to amend (Can). cap. 3. and continue the Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for the 'govern

in the B. N. A. Act, 1867? By the " B. N. A. Act, 1886," the three Acts are to be read together and may be cited as the "B. N. A. Acts, 1867 to 1886." And by section 6 of the B. N. A. Act, 1871, a Dominion Act establishing a province becomes, in effect, an Imperial Act-at all events an Act which cannot be altered by anything short of Imperial legisIt is submitted, therefore, that any new province created under this section must be given full provincial autonomy and powers as defined in the original B. N. A. Act, 1867.

(b) Under this section the limits of Manitoba have been twice altered and its territory considerably increased."

(c) The legislative power conveyed by this section is a plenary power of legislation in respect of all matters within the ken of a colonial legislature.7

See post, p. 364.

Subject, of course, to alteration of boundaries by agreement under s. 3.

See 40 Vic. c. 6, and 44 Vic. c. 14.

Riel v. Reg., 10 App. Cas. 675; 55 L. J. P. C. 28; 4 Cart. 1. See Chap. IV., ante, p. 57.

CAN. CON.-23

cap. 3, 33 Vict.

ment of the Province of Manitoba,"" (d) shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively received the assent, in the Queen's name, of the Governor-General of the said Dominion of Canada.

6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter the provisions of the last mentioned Act of the said Parliament, in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, (e) subject always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province.

(d) This Act is printed post, p. 355 et seq. By virtue of section 6 of this B. N. A. Act, 1871, it is Manitoba's Constitutional Charter, not to be altered save by Imperial legislation.

(e) This section is the all-important one, not merely to Manitoba but to any province to be hereafter created. It will tend to retard the creation of new provinces until the Territories are so well settled and organized as to be entitled to the same powers of self-government as are now enjoyed by the older provinces. It would be unfortunate to give the name of a province to any division of the Territories, unless at the same time full provincial autonomy were given. In fact it 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.

8 See note to s. 2, ante, p. 352.