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Application of provisions referring to GovernorGeneral in Council.

Power to

to authorize

GovernorGeneral to appoint

deputies.

13. The provisions of this act referring to the GovernorGeneral 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.

14. It shall be lawful for the Queen, if Her Majesty thinks Her Majesty fit, to authorize the Governor-General from time to time to appoint any person or persons jointly or severally to be his deputy or deputies within any part or parts of Canada, and in that capacity to exercise during the pleasure of the Governor-General such of the powers, authorities and functions of the Governor-General as the Governor-General deems it necessary or expedient to assign to him or them, subject to any limitations or directions expressed or given by the Queen; but the appointment of such a deputy or deputies, shall not affect the exercise by the Governor-General himself of any power, authority or function.

Command of

15. The command-in-chief of the land and naval militia, armed forces and of all naval and military focres, of and in Canada, is hereto be vested by declared to continue and be vested in the Queen.

to continue

in the Queen.

Seat of Government of Canada.

16. Until the Queen otherwise directs the seat of government of Canada shall be Ottawa.

IV. LEGISLATIVE POWER.

Constitution

17. There shall be one Parliament for Canada, consisting of of Parliament the Queen, an Upper House styled the Senate, and the House

of Canada.

Privileges, &c., of Houses.

First session

of Commons.

18. The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by the House of Commons and by the members thereof respectively shall be such as are from time to time defined by act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this 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. *

19. The Parliament of Canada shall be called together not of the Parlia- later than six months after the Union.

ment of Canada.

Yearly ses

sion of the

Parliament of

Canada.

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.

See Imp. act, 38-39, V., c. 38, page lxxxix.

THE SENATE.

21. The Senate shall, subject to the provisions of this act, Number of consist of seventy-two members, who shall be styled Senators. Senators.

22. In relation to the constitution of the Senate, Canada Representashall be deemed to consist of three divisions

1. Ontario;

2. Quebec ;

3. The Maritime Provinces, Nova Scotia and New Brunswick; which three divisions shall (subject to the provisions of this act) be equally represented in the Senate as follows: Ontario by twenty-four Senators; Quebec by twenty-four Senators; and the Maritime Provinces by twenty-four Senators, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick.

In the case of Quebec each of the twenty-four Senators representing that Province shall be appointed for one of the twenty-four electoral divisions of Lower Canada specified in schedule A to chapter one of the Consolidated Statutes of Canada.

23. The qualification of a Senator shall be as follows:---
1. He shall be of the full age of thirty years:
2. He shall be either a natural-born subject of the Queen, or
a subject of the Queen naturalized by an 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 one of the Provinces of Upper Canada,
Lower Canada, Canada, Nova Scotia, or New Bruns-
wick, before the Union, or of the Parliament of Canada
after the Union :

3. He shall be legally or equitably seized as of freehold for
his own use and benefit of lands or tenements held in
free and common soccage, or seized or possessed for his
own use and benefit of lands or tenements held in franc-
alleu or in roture, within the Province for which he is
appointed, of the value of four thousand dollars, over
and above all rents, dues, debts, charges, mortgages, and
incumbrances due or payable out of or charged on or
affecting the same:

4. His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities:

5. He shall be resident in the Province for which he is appointed.

6. In the case of Quebec he shall have his real property qualification in the electoral division for which he is appointed, or shall be resident in that division.

tion of Provinces in

Senate.

Qualifications of Senator.

Summons of
Senator.

Summons of

Senators.

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 suminoned shall become and be a member of the Senate and a Senator.

25. Such persons shall be first summoned to the Senate as first body of 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.

Addition of Senators in certain cases.

Reduction of Senate to normal number.

Maximum number of Senators.

Tenure of place in Senate.

Resignation of place in Senate.

Disqualification of Senators.

26. If at any time, on the recommendation of the GovernorGeneral, 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:

2. If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power:

3. If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter:

4. If he is attainted of treason, or convicted of felony or of any infamous crime:

5. If he ceases to be qualified in respect of property or of residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the government of Canada while holding an office under that government requiring his presence there.

vacany in

32. When a vacancy happens in the Senate, by resignation, Summons on death, or otherwise, the Governor-General shall, by summons Senate. to a fit and qualified person, fill the vacancy.

33. If any question arises respecting the qualification of a Questions as Senator or a vacancy in the Senate the same shall be heard to qualificaand determined by the Senate.

tions and vacancies in

Senate.

34. The Governor-General may, from time to time, by Appointment instrument under the Great Seal of Canada, appoint a Senator of Speaker of to be Speaker of the Senate, and may remove him and appoint another in his stead.

Senate.

Senate.

35. Until the Parliament of Canada otherwise provides, the Quorum of presence of at least fifteen Senators, including the Speaker, shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

Senate.

36. Questions arising in the Senate shall be decided by a Voting in 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.

Commons in

37. The House of Commons shall, subject to the provisions Constitution of this act, consist of one hundred and eighty-one members, of of House of whom eighty-two shall be elected for Ontario, sixty-five for Canada. Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick.

38. The Governor-General shall from time to time, in the Summoning Queen's name, by instrument under the Great Seal of Canada, of Houses of summon and call together the House of Commons.

Commons.

39. A Senator shall not be capable of being elected or of Senators not sitting or voting as a member of the House of Commons.

to sit in House of Commons.

four Pro

40. Until the Parliament of Canada otherwise provides, Electoral disOntario, Quebec, Nova Scotia, and New Brunswick shall, for tricts of the the purpose of the election of members to serve in the House vinces. of Commons, be divided into clectoral districts as follows:

1.-ONTARIO.

Ontario shall be divided into the counties, ridings of counties, cities, parts of cities, and towns ennmerated 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-fivǝ of the Consolidated Statutes for 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.

Continuance of existing election laws until Parliament of Canada otherwise provides.

4.- NEW BRUNSWICK.

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 disqualifications 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.

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