Page images
PDF
EPUB

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

and construction.

Victoria,

This Act and the British North America Act, 1867, and 30 and 31 the British North America Act, 1871, shall be construed c. 3. together and may be cited together as the British North America Acts, 1867 to 1886.

34 and 35

Victoria, c. 28.

ANALYTICAL INDEX.

[The references in all cases, except the British North America Act of 1867,
are to pages.]

AGRICULTURE, department of, 54.

A.

Agriculture, concurrent powers of parliament and legislatures respecting, 82.
Amherst, Sir Jeffery; first governor-general of Canada, 7, n.
Appendix to this work: British North America Act (1867), 191; an act
respecting the establishment of provinces in the Dominion of Canada
(34-35 Vict., c. 28), 231; an act to remove doubts with respect to the
powers of the parliament of Canada under s. 18 of the B. N. A. Act
(38-39 Vict., c. 38), 232; an act respecting the representation of the
Territories in the Dominion parliament (49-50 Vict., c. 35), 234.
Authorities cited in this book, list of; ix-xii.

B.

BLAKE, Hon. Edward; obtains modifications in letters-patent and instructions
to governor-general, 50, n.

Boundary Award; character of the controversy between Ontario and the
Dominion, 77; decision of the privy council, 78.

British Columbia. See Columbia, British.

British North America Act, 1867 (Appendix A of this work; following figures
refer to sections of the act): preliminary, 1-2; union, 3-8; executive
power, 9-16; constitution of parliament, 17-20; of the senate, 21-36;
of the house of commons, 37-52; money votes, 53-54; royal assent and
disallowance and reservation of bills, 55-57; provincial constitutions :
executive power, 58-68; legislative power, in Ontario, 60-70; in Que-
bec, 71-80; legislatures of Ontario and Quebec, summoned, continuance
of election laws, etc., 81-87; constitutions of Nova Scotia and New
Brunswick, 88; first elections in provinces, 89; application to legisla-
tures of provinces respecting money votes, etc., 90; distribution of
legislative powers: of parliament, 91; of provincial legislatures, 92;
education, 93; uniformity of laws in Ontario, Nova Scotia and New
Brunswick, 94; agriculture and immigration, 95; judicature, 96-101;
revenues, debts, assets, taxation, 102-126; miscellaneous provisions: as
to legislative councillors of provinces becoming senators, 127; oath of

allegiance, how administered, 128; continuance of existing laws, courts,
officers, etc., 129; transfer of officers to Canada, 130; appointment of
new officers, 131; treaty obligations, 132; use of English and French
languages, 133; appointment of executive officers for Ontario and
Quebec, 134; powers and duties of executive officers, 135; great seals,
136; construction of temporary acts, 137; as to errors in names, 138;
as to issue of proclamations before union, to commence after union, 139;
as to issue of proclamations after union, 140; penitentiary, 141; arbi-
tration respecting debts, 142; division of records, 143; constitution of
townships in Quebec, 144; Intercolonial railway, 145; admission of
other colonies, 146-147; Schedules: I, electoral districts of Ontario ;
II, electoral districts of Quebec; III, provincial public works and
property to be the property of Canada; IV, assets to be the property of
Ontario and Quebec conjointly; V, oath of allegiance and declaration of
qualification. Acts in amendment thereof: an act respecting estab-
lishment of provinces (App. B), 231; an act to remove doubts as
to powers of Canadian parliament (App. C), 232; an act respecting
representation of Territories (App. D), 234.

[blocks in formation]

Cape Breton, island of; ceded to Great Britain, 68, n. ; under government of

Nova Scotia, ib.

Capitulation of Canada; terms of, in 1760, 5.

Census of Canada; in 1760-'90, 14, n.; in 1775, ib., in 1839-44, 37, n.;
representation of provinces in Dominion parliament regulated by, 60, 61.

Chatham, Earl of; opposes Quebec Act, 10.

Civil Code in province of Quebec, 150.

Civil List; control of, 28, 34.

Civil Service; legislation respecting, 33, 34.

Clergy Reserves; their origin, 19; question of, settled, 31, 32.

Colborne, Sir John; administrator, 23; establishes rectories, 32.

Colonies of British North America; responsible government in, 28-30, 68-72.
Columbia, British; admission of, as province, 46; constitution of, 72, 73.
Common Law of England; in use in Canada, 150.
Commons, House of; constitution of, 60; representation therein, 60, 61;

franchise for elections, 61; duration of, 61, 62; powers and privileges
of, under British North America Act (see British North America Act,
App. A, ss. 37, 52, and App. B); use of the French language therein,
ib., s. 133.

Confederation of Canada; brief history of, 37-48; terms of, 48, 49. See
British North America Act, App. A; Federal union of the provinces.
Congress, American; declares against Quebec Act, 10, n.

Consolidated Fund; charges on, 27 (Union Act, 1840). See British North
America Act, App. A, ss. 102-106.

Constitution of the United States; compared with that of Canada, 80, 81, 82, n.

Constitutional Act, 1791; provinces of Upper and Lower Canada, established
by its provisions, 13-18; history of its operation, 19-21; suspension of,
in Lower Canada, 23.

Controller of Customs, 56; office abolished, 57.

Controller of Inland Revenue, 56; office abolished, 57.

Controverted Elections' Act; judicial decisions on, 85-87.

County judges; appointment and removal of, 151, n.

Coutume de Paris; in use in French Canada, 3; basis of civil law in province

of Quebec, 150.

Criminal laws; within jurisdiction of the parliament of Canada, 150.

Crown, the; represented by the governor-general, 48, 49; by the lieutenant-
governors, 64, 65, 128; recommendation as to votes of money (see
British North America Act, App. A, ss. 54, 90.

Customs, department of, 54, 56.

D.

DECLARATION against transubstantiation, 8, n.; remonstrance against, ib.
De Grey, solicitor-general; opinion of, in 1763, on rights of French Canadians,

9, n.

Deputy-Governor. See governor-general.

Disallowance of provincial acts, 142-147; powers and responsibilities of
Dominion government in this respect, 148, 149.

Distribution of legislative powers; between general parliament and local
legislatures, 80-82. See British North America Act, App. A.

Dominion; origin of name, 47, n.

Double majority system; an expedient to arrange political conflicts between
Upper and Lower Canada, 38-39.

Dufferin, Lord; governor-general of Canada, 49, n.

Durham, Lord; governor-general of Canada and high commissioner, 23;
reports on Canada, 24; recommends responsible government, 25, 28;
also a legislative union, 40.

E.

EDUCATION; exclusive powers of provincial legislatures, 81 (see British North
America Act, App. A, s. 93); New Brunswick controversy respecting,
125;
Manitoba controversy respecting, 125-127.

Elections.

See controverted elections.

Escheats; decision of privy council respecting, 115-118.

F.

FEDERAL UNION of the provinces; suggested by Lord Durham, 40; conference
at Charlottetown concerning, 41; scheme devised at Quebec in 1864,
ib.; adopted by provinces of Canada, Nova Scotia and New Brunswick,
42, 43; passage of (see British North America Act, 1867, App. A) by
imperial parliament, 43; meeting of first parliament of Canada, ib.;

« PreviousContinue »