1. The best interests and present and future prosperity
of British North America will be promoted by a Federal Union
under the Crown of Great Britain, provided such Union can be
effected on principles just to the several Provinces.
2. In the Federation of the British North American
Provinces, the system of Government best adapted under
existing circumstances to protect the diversified interest
of the several Provinces, and secure efficiency, harmony and
permanency in the working of the Union, would be a general
Government, charged with matters of common interest to the
whole country; and Local Governments for each of the
Canadas, and for the Provinces of Nova Scotia, New Brunswick
and Prince Edward Island, charged with the control of local
matters in their respective sections. Provision being made
for the admission into the Union, on equitable terms, of
Newfoundland, the North-West Territory, British Columbia and
Vancouver.
3. In framing a Constitution for the General Government,
the Conference, with a view to the perpetuation of our
connection with the Mother Country, and to the promotion of
the best interests of the people of these Provinces, desire
to follow the model of the British Constitution, so far as
our circumstances will permit.
4. The Executive Authority or Government shall be vested
in the Sovereign of the United Kingdom of Great Britain and
Ireland, and be administered according to the
well-understood principles of the British Constitution, by
the Sovereign personally, or by the Representative of the
Sovereign duly authorized.
5. The Sovereign or Representative of the Sovereign shall
be Commander- in-Chief of the Land and Naval Militia Forces.
6. There shall be a General Legislature or Parliament for
the Federated Provinces, composed of a Legislative Council
and a House of Commons.
7. For the purpose of forming the Legislative Council,
the Federated Provinces shall be considered as consisting of
three divisions: 1st Upper Canada, 2nd Lower Canada, 3rd
Nova Scotia, New Brunswick and Prince Edward Island; each
division with an equal representation in the Legislative
Council.
8. Upper Canada shall be represented in the Legislative
Council by 24 members, Lower Canada by 24 members, and the 3
Maritime Provinces by 24 members, of which Nova Scotia shall
have 10, New Brunswick 10, and Prince Edward Island 4
members.
9. The colony of Newfoundland shall be entitled to enter
the proposed Union, with a representation in the Legislative
Council of 4 members.
10. The North-West Territory, British Columbia and
Vancouver shall be admitted into the Union on such terms and
conditions as the Parliament of the Federated Provinces
shall deem equitable, and as shall receive the assent of Her
Majesty; and in the case of the Province of British Columbia
or Vancouver, as shall be agreed to by the Legislature of
such Province.
11. The members of the Legislative Council shall be
appointed by the Crown under the Great Seal of the General
Government, and shall hold office during life: if any
Legislative Councillor shall, for two consecutive sessions
of Parliament, fail to give his attendance in the said
Council, his seat shall thereby become vacant.
12. The members of the Legislative Council shall be
British subjects by birth or naturalization, of the full age
of thirty years, shall possess a continuous real property
qualification of four thousand dollars over and above all
incumbrances, and shall be and continue worth that sum over
and above their debts and liabilities, but in the case of
Newfoundland and Prince Edward Island, the property may be
either real or personal.
13. If any question shall arise as to the qualification
of a Legislative Councillor, the same shall be determined by
the Council.
14. The first selection of the Members of the Legislative
Council shall be made, except as regards Prince Edward
Island, from the Legislative Councils of the various
Provinces, so far as a sufficient number be found qualified
and willing to serve; such Members shall be appointed by the
Crown at the recommendation of the General Executive
Government, upon the nomination of the respective Local
Governments, and in such nomination due regard shall be had
to the claims of the Members of the Legislative Council of
the Opposition in each Province, so that all political
parties may as nearly as possible be fairly represented.
15. The Speaker of the Legislative Council (unless
otherwise provided by Parliament) shall be appointed by the
Crown from among the Members of the Legislative Council, and
shall hold office during pleasure, and shall only be
entitled to a casting vote on an equality of votes.
16. Each of the twenty-four Legislative Councillors
representing Lower Canada in the Legislative Council of the
General Legislature, shall be appointed to represent one of
the twenty-four Electoral Divisions mentioned in Schedule A
of Chapter first of the Consolidated Statutes of Canada, and
such Councillor shall reside or possess his qualification in
the Division he is appointed to represent.
17. The basis of Representation in the House of Commons
shall be Population, as determined by the Official Census
every ten years; and the number of Members at first shall be
194, distributed as follows:
Upper Canada 82 Lower Canada 65 Nova Scotia 19 New
Brunswick 15 Newfoundland 8 Prince Edward Island 5
18. Until the Official Census of 1871 has been made up,
there shall be no change in the number of Representatives
from the several sections.
19. Immediately after the completion of the Census of
1871, and immediately after every Decennial Census
thereafter, the Representation from each section in the
House of Commons shall be re-adjusted on the basis of
Population.
20. For the purpose of such re-adjustments, Lower Canada
shall always be assigned sixty-five members, and each of the
other sections shall at each re- adjustment receive, for the
ten years then next succeeding, the number of Members to
which it will be entitled on the same ratio of
representation to population as Lower Canada will enjoy
according to the Census last taken by having sixty-five
Members.
21. No reduction shall be made in the number of Members
returned by any section, unless its population shall have
decreased, relatively to the population of the whole Union,
to the extent of five per centum.
22. In computing at each decennial period the number of
Members to which each section is entitled, no fractional
parts shall be considered, unless when exceeding one-half
the number entitling to a Member, in which case a Member
shall be given for each such fractional part.
23. The Legislature of each Province shall divide such
Province into the proper number of constituencies, and
define the boundaries of each of them.
24. The Local Legislature of each Province may, from time
to time, alter the Electoral Districts for the purposes of
Representation in such Local Legislature, and distribute the
Representatives to which the Province is entitled in such
Local Legislature, in any manner such Legislature may see
fit.
25. The number of Members may at any time be increased by
the general Parliament, -- regard being had to the
proportionate rights then existing.
26. Until provisions are made by the General Parliament,
all the laws which, at the date of the Proclamation
constituting the Union, are in force in the Provinces
respectively, relating the qualification and
disqualification of any person to be elected, or to sit or
vote as a Member of the Assembly in the said Provinces
respectively; and relating to the qualification or
disqualification of voters and to the oaths to be taken by
voters, and to Returning Officers and their powers and
duties, -- and relating to the proceedings at Elections, --
and to the period during which such elections may be
continued, -- and relating to the Trial of Controverted
Elections, and the proceedings incident thereto, and
relating to the vacating of seats of Members, and to the
issuing and execution of new Writs, in case of any seat
being vacated otherwise than by a dissolution -- shall
respectively apply to Elections of Members to serve in the
House of Commons, for places situate in those Provinces
respectively.
27. Every House of Commons shall continue for five years
from the day of the return of the writs choosing the same,
and no longer; subject, nevertheless, to be sooner prorogued
or dissolved by the Governor.
28. There shall be a Session of the General Parliament
once, at least, in every year, so that a period of twelve
calendar months shall not intervene between the last sitting
of the General parliament in one Session, and the first
sitting thereof in the next Session.
29. The General Parliament shall have power to make Laws
for the peace, welfare and good government of the Federated
Provinces (saving the Sovereignty of England), and
especially laws respecting the following subjects: --
1. The Public Debt and Property. 2. The Regulation of
Trade and Commerce. 3. The imposition or regulation of
Duties of Customs on Imports and Exports, -- except on
Exports of Timber, Logs, Masts, Spars, Deals and Sawn Lumber
from New Brunswick, and of Coal and other minerals from Nova
Scotia. 4. The imposition or regulation of Excise Duties. 5.
The raising of money by all or any other modes or systems of
Taxation. 6. The borrowing of money on the Public Credit. 7.
Postal Service. 8. Lines of Steam or other Ships, Railways,
Canals and other works, connecting any two or more of the
Provinces together or extending beyond the limits of any
Province. 9. Lines of Steamships between the Federated
Provinces and other Countries. 10. Telegraphic Communication
and the Incorporation of Telegraph Companies. 11. All such
works as shall, although lying wholly within any Province be
specially declared by the Acts authorizing them to be for
the general advantage. 12. The Census. 13. Militia --
Military and Naval Service and Defence. 14. Beacons, Buoys
and Light Houses. 15. Navigation and shipping. 16.
Quarantine. 17. Sea Coast and Inland Fisheries. 18. Ferries
between any Province and a Foreign country, or between any
two Provinces. 19. Currency and Coinage. 20. Banking --
Incorporation of Banks, and the Issue of paper money. 21.
Savings Banks. 22. Weights and Measures. 23. Bills of
Exchange and Promissory Notes. 24. Interest. 25. Legal
Tender. 26. Bankruptcy and Insolvency. 27. Patents of
Invention and Discovery. 28. Copy Rights. 29. Indians and
Lands reserved for the Indians. 30. Naturalization and
Aliens. 31. Marriage and Divorce. 32. The Criminal Law,
excepting the Constitution of Courts of Criminal
Jurisdiction, but including the procedure in Criminal
matters. 33. Rendering uniform all or any of the laws
relative to property and civil rights in Upper Canada, Nova
Scotia, New Brunswick, Newfoundland and Prince Edward
Island, and rendering uniform the procedure of all or any of
the Courts in these Provinces; but any Statute for this
purpose shall have no force or authority in any Province
until sanctioned by the Legislature thereof. 34. The
Establishment of a General Court of Appeal for the Federated
Provinces. 35. Immigration. 36. Agriculture. 37. And
generally respecting all matters of a general character, not
specially and exclusively reserved for the Local Governments
and Legislatures.
30. The General Government and Parliament shall have all
powers necessary or proper for performing the obligations of
the Federated Provinces, as part of the British Empire, to
Foreign Countries arising under Treaties between Great
Britain and such Countries.
31. The General Parliament may also, from time to time,
establish additional Courts, and the General Government may
appoint Judges and Officers thereof, when the same shall
appear necessary or for the public advantage, in order to
the due execution of the laws of Parliament.
32. All Courts, Judges and Officers of the several
Provinces shall aid, assist and obey the General Government
in the exercises of its rights and powers, and for such
purposes shall be held to be Courts, Judges and Officers of
the General Government.
33. The General Government shall appoint and pay the
Judges of the Superior Courts in each Province, and of the
County Courts in Upper Canada, and Parliament shall fix
their salaries.
34. Until the Consolidation of the Laws of Upper Canada,
New Brunswick, Nova Scotia, Newfoundland and Prince Edward
Island, the Judges of these Provinces appointed by the
General Government shall be selected from their respective
Bars.
35. The Judges of the Courts of Lower Canada shall be
selected from the Bar of Lower Canada.
36. The Judges of the Court of Admiralty now receiving
salaries shall be paid by the General Government.
37. The Judges of the Superior Courts shall hold their
offices during good behaviour, and shall be removable only
on the Address of both Houses of Parliament.
38. For each of the Provinces there shall be an Executive
Officer, styled the Lieutenant Governor, who shall be
appointed by the Governor General in Council, under the
Great Seal of the Federated Provinces, during pleasure: such
pleasure not to be exercised before the expiration of the
first five years except for cause: such cause to be
communicated in writing to the Lieutenant Governor
immediately after the exercise of the pleasure as aforesaid,
and also by Message to both Houses of Parliament, within the
first week of the first Session afterwards.
39. The Lieutenant Governor of each Province shall be
paid by the General Government.
40. In undertaking to pay the salaries of the Lieutenant
Governors, the Conference does not desire to prejudice the
claim of Prince Edward Island upon the Imperial Government
for the amount now paid for the salary of the Lieutenant
Governor thereof.
41. The Local Government and Legislature of each Province
shall be constructed in such manner as the existing
Legislature of each Province shall provide.
42. The Local Legislature shall have power to alter or
amend their constitution from time to time.
43. The Local Legislature shall have power to make laws
respecting the following subjects:
1. Direct taxation, and in New Brunswick the imposition
of duties on the Export of Timber, Logs, Masts, Spars, Deals
and Sawn Lumber; and in Nova Scotia, of Coal and other
minerals. 2. Borrowing money on the credit of the Province.
3. The establishment and tenure of local offices, and the
appointment and payment of local officers. 4. Agriculture.
5. Immigration. 6. Education; saving the rights and
privileges which the Protestant or Catholic minority in both
Canadas may possess as to their Denominational Schools, at
the time when the Union goes into operation. 7. The sale and
management of Public Lands excepting Lands belonging to the
General Government. 8. Sea Coast and Inland Fisheries. 9.
The establishment, maintenance and management of
Penitentiaries, and of Public and Reformatory Prisons. 10.
The establishment, maintenance and management of Hospitals,
Asylums, Charities, and Eleemosynary Institutions. 11.
Municipal Institutions. 12. Shop, Saloon, Tavern, Auctioner
and other Licences. 13. Local Works. 14. The Incorporation
of Private or Local Companies, except such as relate to
matters assigned to the General Parliament. 15. Property and
civil rights, excepting those portions thereof assigned to
the General Parliament. 16. Inflicting punishment by fine,
penalties, imprisonment or otherwise, for the breach of laws
passed in relation to any subject within their jurisdiction.
17. The Administration of Justice, including the
Constitution, maintenance and organization of the Courts, --
both of Civil and Criminal Jurisdiction, and including also
the Procedure in Civil matters. 18. And generally all
matters of a private or local nature, not assigned to the
General Parliament.
44. The power or respiting, reprieving, and pardoning
Prisoners convicted of crimes, and of commuting and
remitting of sentences in whole or in part, which belongs of
right to the Crown, shall be administered by the Lieutenant
Governor of each Province in Council, subject to any
instructions he may, from time to time, receive from the
General Government, and subject to any provisions that may
be made in this behalf by the General Parliament.
45. In regard to all subjects over which jurisdiction
belongs to both the General and Local Legislatures, the laws
of the General Parliament shall control and supersede those
made by the Local Legislature, and the latter shall be void
so far as they are repugnant to, or inconsistent with, the
former.
46. Both the English and French languages may be employed
in the General Parliament and in its proceedings, and in the
Local Legislature of Lower Canada, and also in the Federal
Courts and in the Courts of Lower Canada.
47. No lands or property belonging to the General or
Local Governments shall be liable to taxation.
48. All Bills for appropriating any part of the Public
Revenue, or for imposing any new Tax or Impost, shall
originate in the House of Commons or House of Assembly, as
the case may be.
49. The House of Commons or House of Assembly shall not
originate or pass any Vote, Resolution, Address or Bill for
the appropriation of any part of the Public Revenue, or of
any Tax or Impost to any purpose, not first recommended by
Message of the Governor General or the Lieutenant Governor,
as the case may be, during the Session in which such Vote,
Resolution, Address or Bill is passed.
50. Any Bill of the General Parliament may be reserved in
the usual manner for Her Majesty's Assent, and any Bill of
the Local Legislature may, in like manner, be reserved for
the consideration of the Governor General.
51. Any Bill passed by the General Parliament shall be
subject to disallowance by Her Majesty within two years, as
in the case of Bills passed by the Legislatures of the said
Provinces hitherto; and, in like manner, any Bill passed by
a Local Legislature shall be subject to disallowance by the
Governor General within one year after the passing thereof.
52. The Seat of Government of the Federated Provinces
shall be Ottawa, subject to the Royal Prerogative.
53. Subject to any future action of the respective Local
Governments, the Seat of the Local Government in Upper
Canada shall be Toronto; of Lower Canada, Quebec; and the
Seats of the Local Governments in the other Provinces shall
be as at present.
54. All Stocks, Cash, Bankers' Balances and Securities
for money belonging to each Province at the time of the
Union, except as hereinafter mentioned, shall belong to the
General Government.
55. The following Public Works and Property of each
Province shall belong to the General Government, to wit: --
1. Canals. 2. Public Harbours. 3. Light Houses and Piers. 4.
Steamboats, Dredges and Public Vessels. 5. River and Lake
Improvements. 6. Railways and Railway Stocks, Mortgages and
other debts due by Railway Companies. 7. Military Roads. 8.
Custom Houses, Post Offices and other Public Buildings,
except such as may be set aside by the General Government
for the use of the Local Legislatures and Governments. 9.
Property transferred by the Imperial Government and known as
Ordnance Property. 10. Armories, Drill Sheds, Military
Clothing and Munitions or War; and 11. Lands set apart for
public purposes.
56. All lands, mines, minerals and royalties vested in
Her Majesty in the Provinces of Upper Canada, Lower Canada,
Nova Scotia, New Brunswick and Prince Edward Island, for the
use of such Provinces, shall belong to the Local Government
of the territory in which the same are so situate; subject
to any trusts that may exist in respect to any of such lands
or to any interest of other persons in respect of the same.
57. All sums due from purchasers or lessees of such
lands, mines or minerals at the time of the Union, shall
also belong to the Local Governments.
58. All assets connected with such portions of the public
debt of any Province as are assumed by the Local Governments
shall also belong to those Governments respectively.
59. The several Provinces shall retain all other Public
Property therein, subject to the right of the General
Government to assume any Lands or Public Property required
for Fortifications or the Defence of the Country.
60. The General Government shall assume all the Debts and
Liabilities of each Province.
61. The Debt of Canada, not specially assumed by Upper
and Lower Canada respectively, shall not exceed, at the time
of the Union, $62,500,000; Nova Scotia shall enter the Union
with a debt not exceeding $8,000,000; and New Brunswick with
a debt not exceeding $7,000,000.
62. In case Nova Scotia or New Brunswick do not incur
liabilities beyond those for which their Governments are now
bound, and which shall make their debts at the date of Union
less than $8,000,000 and $7,000,000 respectively, they shall
be entitled to interest at five per cent on the amount not
so incurred, in like manner as in hereinafter provided for
Newfoundland and Prince Edward Island; the foregoing
resolution being in no respect intended to limit the powers
given to the respective Governments of those Provinces, by
Legislative authority, but only to limit the maximum amount
of charge to be assumed by the General Government; provided
always, that the powers so conferred by the respective
Legislatures shall be exercised within five years from this
date, or the same shall lapse.
63. Newfoundland and Prince Edward Island, not having
incurred Debts equal to those of the other Provinces, shall
be entitled to receive, by half- yearly payments, in
advance, from the General Government, the Interest at five
per cent on the difference between the actual amount of
their respective Debts at the time of the Union, and the
average amount of indebtedness per head of the Population of
Canada, Nova Scotia and New Brunswick.
64. In consideration of the transfer to the General
Parliament of the powers of Taxation, an annual grant in aid
of each Province shall be made, equal to eight cents per
head of the Population, as established by the Census of
1861; the population of Newfoundland being estimated at
130,000. Such aid shall be in full settlement of all future
demands upon the General Government for local purposes, and
shall be paid half-yearly in advance to each Province.
65. The position of New Brunswick being such as to entail
large immediate charges upon her local revenues, it is
agreed that for the period of ten years, from the time when
the Union takes effect, an additional allowance of $63,000
per annum shall be made to that Province. But that so long
as the liability of that Province remains under $7,000,000,
a deduction equal to the interest on such deficiency shall
be made from the $63,000.
66. In consideration of the surrender to the General
Government by Newfoundland of all its rights in Mines and
Minerals, and of all the ungranted and unoccupied Lands of
the Crown, it is agreed that the sum of $150,000 shall each
year be paid to that Province, by semi-annual payments;
provided that the Colony shall retain the right of opening,
constructing and controlling Roads and Bridges through any
of the said Lands, subject to any Laws which the General
Parliament may pass in respect of the same.
67. All engagements that may before the Union, be entered
into with the Imperial Government for the defence of the
Country, shall be assumed by the General Government.
68. The General Government shall secure, without delay,
the completion of the Intercolonial Railway from
Riviere-du-Loup, through New Brunswick, to Truro in Nova
Scotia.
69. The communications with the North-Western Territory,
and the improvements required for the development of the
Trade of the Great West with the Seaboard, are regarded by
this Conference as subjects of the highest importance to the
Federated Provinces, and shall be prosecuted at the earliest
possible period that the state of the Finances will permit.
70. The sanction of the Imperial and Local Parliaments
shall be sought for the Union of the Provinces, on the
principles adopted by the Conference.
71. That Her Majesty the Queen be solicited to determine
the rank and name of the Federated Provinces.
72. The proceedings of the Conference shall be
authenticated by the signatures of the Delegates, and
submitted by each Delegation to its own Government, and the
Chairman is authorized to submit a copy to the Governor
General for transmission to the Secretary of State for the
Colonies.