THE BRITISH NORTH AMERICA ACT, 1916(1) 6-7 GEORGE V, CHAPTER 19 An Act to amend the British North America Act, 1867 [1st June, 1916.] Be it enacted by the King'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: A.D. 1916. This Act repealed 17-18 George V, c. 42. of Twelfth 1. Notwithstanding anything in the British North America Extension Act, 1867, or in any Act amending the same, or in any Order of duration in Council, or terms or conditions of Union, made or approved under the said Act, or under any Act of the Canadian Parliament, the term of the Twelfth Parliament of Canada is hereby extended until the seventh day of October, nineteen hundred and seventeen. Parliament of Canada. 30-31 Vict., c. 3. 2. This Act may be cited as the British North America Act, Short title. 1916, and the British North America Acts, 1867 to 1915, and this Act may be cited together as the British North America Acts, 1867 to 1916. (1) Dr. Skelton comments (op. cit. p. 35): "The object of this amendment was to lengthen the term of the existing Parliament for one year. The procedure was on an address by both houses. The provinces were not consulted and, as far as I recall, they were not referred to in the debate." This Act was repealed by the Statute Law Revision Act, 1927 (c. 42). See next page. Enactments in schedule repealed. Short title and extent. THE STATUTE LAW REVISION ACT, 1927(1) 17-18 GEORGE V, CHAPTER 42 An Act for further promoting the Revision of the Statute Law by repealing Enactments which have ceased to be in force or have become unnecessary WHEREAS, etc. [22nd December, 1927.] 1. The enactments described in Parts I and II of the Schedule to this Act are hereby repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in the said schedule mentioned; and every part of a title, preamble, or recital specified after the words "in part, namely," in connexion with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary: Provided as follows:-etc. 4. (1) This Act may be cited as the Statute Law Revision Act, 1927, etc. 5 and 6 Geo. 5, c. 45. The British North America Act, 1915. (1) See note to the Statute Law Revision Act, 1893 supra. Subsection (2) of s. 1 of c. 45 of the Act of 1915 simply referred to the coming into force of certain paragraphs of the said section. The Act of 1916 was for the purpose of lengthening the term of the existing Parliament for one year. THE BRITISH NORTH AMERICA ACT, 1930 20-21 GEORGE V, CHAPTER 26 An Act to confirm and give effect to certain agreements entered into between the Government of the Dominion of Canada and the Governments of the Provinces of Manitoba, British Columbia, Alberta and Saskatchewan respectively [10th July, 1930.] WHEREAS the agreements set out in the Schedule to this Act were entered into between the Government of the Dominion of Canada and the Governments of the Provinces of Manitoba, British Columbia, Alberta and Saskatchewan respectively subject, however, in each case to approval by the Parliament of Canada and the Legislature of the Province to which the agreement relates and also to confirmation by the Parliament of the United Kingdom: And whereas each of the said agreements has been duly approved by the Parliament of Canada and by the Legislature of the Province to which it relates: And whereas, after the execution of the said agreement relating to the Province of Alberta, it was agreed between the parties concerned, subject to such approval and confirmation as aforesaid, that the said Province should, in addition to the rights accruing to it under the said agreement as originally executed, be entitled to such further rights, if any, with respect to the subject matter of the said agreement as were required to be vested in the Province in order that it might enjoy rights equal to those which might be conferred upon or reserved to the Province of Saskatchewan under any agreement upon a like subject matter thereafter approved and confirmed in the manner aforesaid, and provision in that behalf was accordingly made by the Parliament of Canada and the Legislature of the Province of Alberta when approving the said agreement: And whereas the Senate and Commons of Canada in Parliament assembled have submitted an address to His Majesty praying that His Majesty may graciously be pleased to give his consent to the submission of a measure to the Parliament of the United Kingdom for the confirmation of the said agreements: 129 Confirmation of scheduled agreements. 30-35 Vict., c. 3. Extension of scheduled agreement relating to Alberta. Short title. Be it therefore enacted by the King'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. The agreements set out in the Schedule to this Act are hereby confirmed and shall have the force of law notwithstanding anything in the British North America Act, 1867, or any Act amending the same, or any Act of Parliament of Canada, or in any Order in Council or terms or conditions of union made or approved under any such Act as aforesaid. 2. The agreement relating to the Province of Alberta which is confirmed by this Act shall be construed and have effect for all purposes as if it contained a provision to the following effect, namely, that the said Province shall, in addition to the rights accruing to it under the said agreement as originally executed, be entitled to such further rights, if any, with respect to the subject matter of the said agreement as are required to be vested in the Province in order that it may enjoy rights equal to those conferred upon, or reserved to, the Province of Saskatchewan under the agreement relating to that Province which is confirmed by this Act. 3. This Act may be cited as the British North America Act, 1930, and the British North America Acts, 1867 to 1916, and this Act may be cited together as the British North America Acts, 1867 to 1930. SCHEDULE(1) (1) The Schedule to the B.N.A. Act 1930 contains memoranda of Agreements between Canada and the Western Provinces. As these Agreements are subsequently printed in Part IV, entitled Acts of Canada (Relating to Provincial Matters), it has not been judged necessary that they should be transcribed twice. (1) For the Memorandum of Agreement between Canada and Manitoba, and between Canada, Ontario and Manitoba, see The Manitoba Natural Resources Act, in Part IV, infra. (2) For the Memorandum of Agreement between Canada and Alberta, see The Alberta Natural Resources Act, in Part IV, infra. (3) For the Memorandum of Agreement between Canada and Saskatchewan, see The Saskatchewan Natural Resources Act, in Part IV. infra. (4) For the Memorandum of Agreement between Canada and British Columbia, see The Railway Belt and Peace River Block Act, in Part IV, infra. BRITISH NORTH AMERICA ACT, 1940(1) 3-4 GEORGE VI, CHAPTER 36 An Act to include unemployment insurance among the classes of subjects enumerated in section ninety-one of the British North America Act, 1867 [10th July, 1940.] WHEREAS the Senate and Commons of Canada in Parliament assembled have submitted an address to His Majesty praying that His Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for the enactment of the provisions hereinafter set forth: Be it therefore enacted by the King'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. Section ninety-one of the British North America Act, 1867, is amended by inserting therein, after item 2 "The regulation of trade and commerce", the following item: "2A. Unemployment insurance." Extension of exclusive legislative authority of Parliament of Canada. 30-31 Vict. c. 3. 2. This Act may be cited as the British North America Short title Act, 1940, and the British North America Acts, 1867 to 1930, and citation. 7 Edw. 7, the British North America Act, 1907, and this Act may be cited c. 11. together as the British North America Acts, 1867 to 1940. (1) The procedure in this case was that the Act was passed by the Parliament of the United Kingdom in accordance with an address from the Senate and House of Commons. The address was moved (and the motion agreed to) in the House of Commons of the 25 of June, 1940. The provinces had been previously consulted and all of them had consented to the amendment being made. It is interesting to note in connection with this matter that The Unemployment and Social Insurance Act (c. 38 of the Statutes of Canada, 1935) had been declared ultra vires by a majority of the Supreme Court of Canada in 1936 and by the Judicial Committee of the Privy Council on the 28th of January, 1937, thus necessitating the amendment of the B.N.A. Act. Less than a week after the amendment had been adopted by the Parliament of the United Kingdom The Unemployment Insurance Act, 1940 (3-4 Geo. VI, c. 44) was introduced in the House of Commons of Canada. The Bill was assented to on the 7th of August, 1940. 131 |