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Confirmation of Act of Parlia

ada 31-32 Vict., c. 24.

from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the Members thereof. (2)

2. The Act of the Parliament of Canada passed in the thirty-first year of the reign of Her present Majesty, chapter ment of Can- twenty-four, intituled "An Act to provide for oaths to witnesses being administered in certain cases for the purposes of either House of Parliament," shall be deemed to be valid, and to have been valid as from the date at which the Royal Assent was given thereto by the Governor General of the Dominion of Canada.

Short title.

3. This Act may be cited as the Parliament of Canada Act, 1875.

(2) See section 18 of the B.N.A. Act, 1867, and note.

THE BRITISH NORTH AMERICA ACT, 1886(1)

49-50 VICTORIA, CHAPTER 35

An Act respecting the Representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada, but are not included in any Province

[25th June, 1886.]

(Imperial).

Whereas it is expedient to empower the Parliament of | Rep. 61-62 Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any province:

Be it therefore 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:

(NOTE: The preamble to this Act was repealed by the Statute Law Revision Act, 1898, 61-62 Victoria, c. 22.)

1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof.

2. Any Act passed by the Parliament of Canada before the passing of this Act for the purpose mentioned in this Act shall, if not disallowed by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor General of Canada.

Provision by
Parliament

of Canada
for represen-
tation of

territories.

Effect of
Acts of Par-

liament of
Canada.

It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purpose mentioned in this Act or in the British North America Act, 1871, has effect, notwithstanding anything in the Vict., c. 28. British North America Act, 1867, and the number of Senators

(1) The procedure followed in obtaining this amendment was outlined by Dr. Skelton as follows (op. cit. p. 31):—

"Its object was to empower parliament to provide for representation of territories in the Senate and House of Commons. The 1871 Act had been to empower the Dominion to make provinces out of the territories, and give them representation; this Act was to empower them to give territories, as such, representation in the Senate and House of Commons, as parliament saw fit. The procedure was that the Act was passed by the United Kingdom parliament in accordance with an address from the Senate and House of Commons. The provinces were not consulted, and did not ask to be consulted, though if the B.N.A. Act was a treaty, modification in the representation in parliament, changing the balance of sectional power, might have been contended to require the consent of the existing provinces."

113

34-35

30-31
Vict., c. 3.

Short title

and construction. 30-31

Vict., c. 3 34-35 Vict., c. 28.

or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of Members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories of Canada. (2)

3. This Act may be cited as the British North America Act, 1886.

This Act and the British North America Act, 1867, and the British North America Act, 1871, shall be construed together, and may be cited together as the British North America Acts, 1867 to 1886.

(2) See sections 21-37 of the B.N.A. Act, 1867, and also the B.N.A. Act of 1871, ante.

1889

52-53 VICTORIA, CHAPTER 28

An Act to declare the Boundaries of the Province of Ontario in the Dominion of Canada

[12th August, 1889.]

WHEREAS the Senate and Commons of Canada in Parliament assembled have presented to Her Majesty the Queen the address set forth in the schedule to this Act respecting the boundaries of the Province of Ontario:

And whereas the Government of the Province of Ontario have assented to the boundaries mentioned in that address:

And whereas such boundaries, so far as the Province of Ontario adjoins the Province of Quebec are identical with those fixed by the proclamation of the Governor General issued in November, one thousand seven hundred and ninety-one, which have ever since existed:

And whereas such boundaries, so far as the Province of Ontario adjoins the Province of Manitoba, are identical with those found to be the correct boundaries by a report of the Judicial Committee of the Privy Council, which Her Majesty the Queen in Council, on the eleventh day of August, one thousand eight hundred and eighty-four, ordered to be carried into execution:

And whereas it is expedient that the boundaries of the Province of Ontario should be declared by authority of Parliament in accordance with the said address.

Be it therefore 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 as the Canada (Ontario Short title. Boundary) Act, 1889.

of bound

2. It is hereby declared that the westerly, northerly, and Declaration easterly boundaries of the Province of Ontario are those described in the address set forth in the schedule to this Act.

aries of Ontario.

BOUNDARIES OF THE PROVINCE OF ONTARIO

SCHEDULE

ADDRESS TO THE QUEEN FROM THE SENATE AND HOUSE OF COMMONS
OF CANADA.

We, Your Majesty's most dutiful and loyal subjects, the Senate and
Commons of Canada, in Parliament assembled, humbly approach Your
Majesty with the request that Your Majesty may be graciously pleased to

115

cause a measure to be submitted to the Parliament of the United Kingdom, declaring and providing the following to be the westerly, northerly, and easterly boundaries of the Province of Ontario, that is to say:

Commencing at the point where the international boundary between the United States of America and Canada strikes the western shores of Lake Superior, thence westerly along the said boundary to the north-west angle of the Lake of the Woods, thence along a line drawn due north until it strikes the middle line of the course of the river discharging the waters of the lake called Lake Seul or the Lonely Lake, whether above or below its confluence with the stream flowing from the Lake of the Woods towards Lake Winnipeg, and thence proceeding eastward from the point at which the before-mentioned line strikes the middle line of the course of the river last aforesaid, along the middle line of the course of the same river (whether called by the name of the English River or, as to the part below the confluence, by the name of the River Winnipeg) up to Lake Seul or the Lonely Lake, and thence along the middle line of Lake Seul or Lonely Lake to the head of that lake, and thence by a straight line to the nearest point of the middle line of the waters of Lake St. Joseph, and thence along that middle line until it reaches the foot or outlet of that lake, and thence along the middle line of the river by which the waters of Lake St. Joseph discharge themselves to the shore of the part of Hudson's Bay commonly known as James Bay, and thence southeasterly following upon the said shore to a point where a line drawn due north from the head of Lake Temiscamingue would strike it, and thence due south along the said line to the head of the said lake, and thence through the middle channel of the said lake into the Ottawa River, and thence descending along the middle of the main channel of the said river to the intersection by the prolongation of the western limits of the Seigneurie of Rigaud, such mid-channel being indicated on a map of the Ottawa Ship Canal Survey made by Walter Shanly, C.E., and approved by Order of the Governor General in Council, dated the twenty-first July, one thousand eight hundred and eighty-six; and thence southerly, following the said westerly boundary of the Seigneurie of Rigaud to the southwest angle of the said Seigneurie, and then southerly along the western boundary of the augmentation of the Township of Newton to the north-west angle of the Seigneurie of Longueuil, and thence south-easterly along the south-western boundary of said Seigneurie of New Longueuil to the stone boundary on the north bank of the Lake St. Francis, at the cove west of Point au Baudet, such line from the Ottawa River to Lake St. Francis being as indicated on a plan of the line of boundary between Upper and Lower Canada, made in accordance with the Act 23 Victoria, chapter 21, and approved by Order of the Governor General in Council, dated the 16th of March, 1861.(1)

(1) See The Ontario Boundaries Extension Act of 1912, 2 Geo. V, c. 40, the Act to amend The Manitoba Boundaries Extension Act 1912, and the Ontario Boundaries Extension Act, 14 Geo. VI, c. 16 of the Statutes of 1950 infra. These are Canadian Statutes passed in consequence of the B.N.A. Act. 1871 which declared that the Parliament of Canada may from time to time, with the consent of the legislature of any province, increase, diminish or otherwise alter the limits of such province.

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