(This was an
Act of Britain by which they legalized everything they had done by
authority of their act, never approval by the people to be affected by
it.
A
starting
and an ending date was provided.
.
.
1867 (30 & 31 VICTORIA, C. 3) (has the name
been changed to protect the guilty?;
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:.(the story of how this clause came to be.(*) And whereas such a Union.(not
a confederation).would conduce
to the welfare of the Provinces and promote the interests of the British
Empire:
I. PRELIMINARY 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. II. UNION 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council.(why the "by and with" stuff?), to declare by Proclamation that on and after a day herein 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 the 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.
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. III. EXECUTIVE POWER 9. The Executive Government.(Britain by means of her Governor General).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.
-section 11
shows this British Act had nothing to do with the We
the People populace having any rights or
effective say whatsoever, nothing to do with anything representative of
a populaces' input, nothing to do with any.creation.of
government in Canada by means of a federal
union, a federation
of the Provinces, as has been told to Canadians.–.told
that, the BNA Act was a document "creating a federal union called Canada"
or told we were "creating a confederation of Canada by means of the Provinces
having now joined" (implying
all the while 'provinces are under central control of Ottawa', of course),
told that we were "repatriating
the constitution of Canada", etc. etc. (you've heard it all) and all
the while, it was nothing of
the sort). An Order in Council has the same force and effect as an
Act of Parliament.–.showing,
with section 12, that the Governor General, by and with the Privy Council,
had
great power. The whole system has been corrupt since its inception
and continues that way today, until We
the People do something about it and that's
got nothing to do with voting some other political party in because the
same people behind it all make sure that who gets to ruke is always who
they
want.
-sections 24 and 25 show lots of public input into their decision making.–.just kidding, again!; -section 58 and section 88, again show no public input was important to them, nor need be, as the BNA Act was not designed to be a 'nicey, nicey people representations and peoples rights document' at all; it was an autocratical.imposition and Britain was fully within her rights to do so 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 exercisable 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 exercisable by the Governor General, with the advice or with the advice and consent of or in connection 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.
16. Until the Queen otherwise directs the seat of Government of Canada shall be Ottawa. (sections 15 and 16 show plenty of public opinion was sought and made a part of the creation of this praiseworthy BNA Act.–.just kidding! No, it was all one-sided, completely so; it was all vested in the Queen, whose power had long since been preempted) IV. LEGISLATIVE POWER 17. There shall be one Parliament for Canada, consisting of the Queen, an Upper House.*), styled the senate and the House of Commons.(the Lower House.*). [Section 18 was repealed by Imperial Act 38 & 39 Vict., c. 38 and the following section substituted therefor.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. The Senate 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;23. The qualifications of a Senator shall be as follows:— 1. He shall be of the full age of thirty years; 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;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 power. 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. The House of Commons 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:— Ontario shall be divided into the Counties, Ridings of Counties, Cities, pares 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 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 of 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. NOVA SCOTIA 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. 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. 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 disqualification
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.
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 persons, in such form, and addressed to such Returning Officers
as he thinks fit.
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. .
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