Appropriation from time to time. Transfer of stocks, etc. Transfer of property in schedule. Property in Assets connected with Provincial debts. Canada to Debts of Assets of Debt of Nova Scotia. Debt of New Brunswick. 106. Subject to the several Payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada for the Public Service. 107. All Stocks, Cash, Bankers' Balances, and Securities for Money belonging to each Province at the time of the Union, except as in this Act mentioned, shall be the Property of Canada, and shall be taken in Reduction of the amount of the respective Debts of the Provinces at the Union. 108. The Public Works and Property of each Province, enumerated in the Third Schedule to this Act, shall be the Property of Canada. 109. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same. (58) 110. All Assets connected with such Portions of the Public Debt of each Province as are assumed by that Province shall belong to that Province. 111. Canada shall be liable for the Debts and Liabilities of each Province existing at the Union. 112. Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the Debt of the Province of Canada exceeds at the Union Sixty-two million. five hundred thousand dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon. 113. The Assets enumerated in the Fourth Schedule to this Act belonging at the Union to the Province of Canada shall be the property of Ontario and Quebec conjointly. 114. Nova Scotia shall be liable to Canada for the Amount (if any) by which its Public Debt exceeds at the Union Eight million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon. 115. New Brunswick shall be liable to Canada for the Amount (if any) by which its Public Debt exceeds at the Union Seven Million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon. (58) The four western provinces were placed in the same position as the original provinces by the B.N.A. Act, 1930, 21 Geo. V., c. 26 (U.K.), infra. 116. In case the Public Debts of Nova Scotia and New Payment of interest to Brunswick do not at the Union amount to Eight million and Nova Scotia Seven million Dollars respectively they shall respectively and New receive by half-yearly Payments in advance from the Govern- Brunswick. ment of Canada Interest at Five per Centum per Annum on the Difference between the actual Amounts of their respective Debts and such stipulated Amounts. 117. The several Provinces shall retain all their respective Provincial Public Property not otherwise disposed of in this Act, subject public to the Right of Canada to assume any Lands or Public Property required for Fortifications or for the Defence of the Country. property. Provinces. 118. The following Sums shall be paid yearly by Canada Grants to to the several Provinces for the Support of their Governments and Legislatures: B.N.A. Act, 1907, c. 11, s. 1. and an annual Grant in aid to each Province shall be made, Superseded equal to Eighty Cents per Head of the Population as ascertained by the by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act.(59) New Bruns 119. New Brunswick shall receive by half-yearly Payments Further in advance from Canada for the period of Ten years from the grant to Union an additional Allowance of Sixty-three thousand Dollars wick. per Annum; but as long as the Public Debt of that Province (59) Section 118 has been repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.) and superseded by the B.N.A. Act of 1907 (7 Edw. VII, c. 11, c. 1). See also Notes (61) and (62). As to subsidies and allowances to the provinces see the Provincial Subsidies Act, c. 192 of the Revised Statutes of Canada, 1927, and The Maritime Provinces Additional Subsidies Act, 1942 (c. 14 of the Statutes of Canada, 1942-43). See also the Provincial Subsidies Act, R.S.C. 1952, c. 221, The Maritime Provinces Additional Subsidies Act, 1942-43, c. 14, and the Terms of Union of Newfoundland with Canada, appended to the B.N.A. Act, 1949, and also to An Act to approve the Terms of Union of Newfoundland with Canada, c. 1 of the Statutes of Canada, 1949, and also the Tax Rental Agreements Act, 1952 (c. 49) and the Federal-Provincial Tax-Sharing Agreements Act Form of payments. Canadian manufactures, etc. Continu ance of customs and excise laws. Exportation and Importation between two Provinces. Lumber Dues in New Exemption of Public Lands, etc. Provincial revenue fund. remains under Seven million Dollars, a Deduction equal to the interest of Five per Centum per Annum on such Deficiency shall be made from that Allowance of Sixty-three thousand Dollars. (60) 120. All Payments to be made under this Act, or in discharge of Liabilities created under any Act of the Provinces of Canada, Nova Scotia, and New Brunswick respectively, and assumed by Canada, shall, until the Parliament of Canada otherwise directs, be made in such Form and Manner as may from time to time be ordered by the Governor General in Council. 121. All articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces. 122. The Customs and Excise Laws of each Province shall, subject to the Provisions of this Act, continue in force until altered by the Parliament of Canada. (61) 123. Where Customs Duties are, at the Union, leviable of any Goods, Wares, or Merchandises in any Two Provinces, those Goods, Wares, and Merchandises may, from and after the Union, be imported from one of those Provinces into the other of them on Proof of Payment of the Customs Duty leviable thereon in the Province of Exportation, and on Payment of such further Amount (if any) of Customs Duty as is leviable thereon in the Province of Importation. (62) 124. Nothing in this Act shall affect the Right of New Brunswick to levy the Lumber Dues provided in Chapter Fifteen of Title Three of the Revised Statutes of New Brunswick, or in any Act amending that Act before or after the Union, and not increasing the Amount of such Dues; but the Lumber of any of the Provinces other than New Brunswick shall not be subject to such Dues. (63) 125. No Lands or Property belonging to Canada or any Province shall be liable to Taxation. 126. Such Portions of the Duties and Revenues over which Consolidated the respective Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union Power of Appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special Powers conferred upon (60) Spent. (61) Spent. See in the Revised Statutes of Canada, 1952 the following Acts, the Customs Act, c. 58; the Customs Tariff, c. 60; the Excise Act, c. 99 and the Excise Tax Act, c. 100, all as amended. (62) Spent. (63) These dues were repealed in 1873 by 36 Vict., c. 16 (N.B.). And see An Act respecting the Export Duties imposed on Lumber, etc., (1873) 36 Vict., c. 41 (Canada), and section 2 of the Provincial Subsidies Act, R.S.C. 1952, c 221. NOTE: by E. A. Driedger. (Op. cit.) them by this Act, shall in each Province form One Consolidated Revenue Fund to be appropriated for the Public Service of the Province. IX. MISCELLANEOUS PROVISIONS General 127. Repealed. See Note (64) below. etc. 128. Every Member of the Senate or House of Commons Oath of of Canada shall before taking his Seat therein take and Allegiance, subscribe before the Governor General or some Person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before taking his Seat therein take and subscribe before the Lieutenant-Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Member of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor General or some Person authorized by him, the Declaration of Qualification contained in the same Schedule. 129. Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all Courts of Civil and Criminal Jurisdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be repealed, abolished, or altered by the Parliament of Canada, or by the Legislature of the respective Province, according to the Authority of the Parliament or of that Legislature under this Act. (65) (64) Section 127 was repealed by the Statute Law Revision Act of 1893 (56 Vict., c. 14). It read as follows: “127. If any Person being at the Passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council." (65) English law was introduced into the English speaking provinces as follows: In Nova Scotia by L/P in 1749, in P.E.I. in 1769 and in N.B. in 1784. The Upper Canada Statute of 1792 introduced English civil law in Ontario as from that date. The French civil law was continued in Quebec by the Quebec Act, 1774. The restriction against altering or repealing laws enacted by or existing under statutes of the United Kingdom was removed by the Statute of West Continuance of existing Laws, Courts, Officers, etc. Transfer of officers to Canada. Appoint ment of new officers. Treaty obligations. Use of English and French Languages. Appoint ment of executive officers for Quebec. 130. Until the Parliament of Canada otherwise provides, all Officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made. (66) 131. Until the Parliament of Canada otherwise provides, the Governor General in Council may from time to time appoint such Officers as the Governor General in Council deems necessary or proper for the effectual Execution of this Act. 132. The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries arising under Treaties between the Empire and such Foreign Countries. 133. Either the English or the French Language may be used by any Person in the Debates of the House of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages. Ontario and Quebec 134. Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant-Governors of Ontario and Quebec may each appoint under the Great Seal of the Province the Ontario and following Officers, to hold Office during Pleasure, that is to say, the Attorney-General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the Case of Quebec the Solicitor General, and may, by Order of the Lieutenant-Governor in Council, from time to time prescribe the Duties of those Officers and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof; and may also appoint other and additional Officers to hold Office during Pleasure, and may from time to time prescribe the (66) Spent. |