CHAPTER VII. THE MANITOBA ACT. 33 VIC., CAP. 3 (CAN.). 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 (a). WH [Assented to 12th May, 1870.] HEREAS it is probable that Her Majesty The Queen Preamble. may, pursuant to the British North America Act, 1867, be pleased to admit Rupert's Land and the NorthWestern Territory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada (b). 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: And 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 (a) By section 5 of the B. N. A. Act, 1871,1 this Dominion Act, generally known as "The Manitoba Act," was validated. By section 6 of the same Act it is enacted that "it shall not be competent for the parliament of Canada to alter the provisions of the Manitoba Act." Read with the B. N. A. Act this Manitoba Act is, therefore, the constitutional charter of that province. (b) The order in council bears date 23rd June, 1870, and provides for the admission of these regions to the Canadian union on 15th July, 1870. 1Ante, pp. 253-4. Province to be formed out of N.W. territory when united to Canada. 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 the Queen by and with the advice and consent of Her Majesty's Most Honorable Privy Council, under the authority of the 146th section of the British North America Act, 1867, by Order in Council in that behalf, shall 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 Its name and shall be one of the Provinces of the Dominion of Canada, and which shall be called the Province of Manitoba, and be bounded as follows: (c) boundaries. Certain provisions of 2. On, from and after the said day on which the Order of B.N.A. Act, the Queen in Council shall take effect as aforesaid, the pro1867, to apply to Manitoba. visions of the British 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 appliable 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. (c) The boundaries as here defined were afterwards altered, and the area of the Province enlarged. See ante, p. 353; also R. S. C. c. 47. tion in the 3. The said Province shall be. represented in the Senate Representaof Canada by two Members, (d) until it shall have, according Senate. 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. first Representa tion in the four House of 4. The said Province shall be represented, in the instance, in the House of Commons of Canada, by Members, (e) 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 America Act, 1867. Commons of voters and 5. Until the Parliament of Canada otherwise provides, the Qualification qualification of voters at Elections (f) of Members of the members. 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. (d) Now 4. (e) Now 7. See 55-56 Vic. c. 11 (Dom.); also ante, p. 120 et seq. (f) See ante, p. 122, et seq. The restriction imposed by the latter part of the section has been removed. Lieutenant- Executive Council. Seat of Government. Legislature. Legislative Quorum. 6. For the said Province there shall be an officer styled the Lieutenant-Governor, (g) appointed by the GovernorGeneral in Council by instrument under the Great Seal of Canada. 7. The Executive Council (h) of the Province 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 Government of the Province otherwise directs, the seat of Government of the same shall be at Fort Garry, (i) or within one mile thereof. 9. There shall be a Legislature for the Province, 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 composed of twenty-four Members, to be elected to represent the Electoral Divisions into which the said Province may be divided by the Lieutenant-Governor, as hereinafter mentioned. 15. The presence of a majority of the Members 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. (g) See ante, p. 136, et seq. (h) The provisions of this and the following sections, relating to the provincial constitution, have all been the subject of provincial legislation. See R. S. Man. (1888); and see also notes to B. N. A. Act, 1867, s. 92, No. 1, ante p. 248, et seq. (i) Now "Winnipeg." (j) Now only one. The Legislative Council was abolished by 39 Vic. c. 29 (Man.); see ante, p. 147. [Sections 16 to 18 relate to first elections, electoral districts, and qualifications of voters. They are long since effete.] 19. Every Legislative Assembly shall continue for four Duration of Legislative years (k) from the date of the return of the writs for return- Assembly. ing 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 LieutenantGovernor shall appoint. least once a 20. There shall be a Session of the Legislature once at Sessions at least in every year, so that twelve months shall not intervene year. between the last sitting of the Legislature in one Session and its first sitting in the next Session (7). visions of 1867, to 21. The following provisions of the British North Certain proAmerican Act, 1867, respecting the House of Commons of B.N.A. Act, Canada, shall extend and apply to the Legislative Assembly, apply. 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 (m). 22. In and for the Province, the said Legislature may Legislation touching exclusively make Laws in relation to Education, (n) subject schools suband 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 or practice in the Province at the Union: (k) See ante, p. 152. (1) See ante, p. 110, 152. (m) Compare B. N. A. Act, 1867, s. 87, ante, p. 153. ject to certain provisions. |