Resolutions adopted at a Conference of Delegates from the
Provinces of Canada, Nova Scotia, and New Brunswick, held at the
Westminster Palace Hotel, London, December 4, 1866
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 Confederation of the British North American provinces
the system of government best adapted under existing circumstances
to protect the diversified interests of the several provinces and
secure efficiency, harmony, and permanency in the working of the
Union is 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 and New Brunswick,
charged with the control of local matters in their respective
sections, provision being made for the admission into the
Confederation on equitable terms of Newfoundland, Prince Edward
Island, the Northwest Territory, and British Columbia.
3. In framing a Constitution for the General Government the
Conference, with a view to the perpetuation of the connexion with
the mother country, and the promotion of the best interests of the
people of these Provinces, desire to follow the model of the British
Constitution so far as 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 shall be Commander-in-Chief of the Land and
Naval Militia Forces.
6. There shall be a General Legislature or Parliament for the
Confederation, composed of the Sovereign, a Legislative Council, and
a House of Commons.
7. For the purpose of forming the Legislative Council the
Confederation shall be considered as consisting of three
divisions:--1st, Upper Canada; 2nd, Lower Canada; and 3rd Nova
Scotia and New Brunswick; 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 Maritime
Provinces by 24 members, of which Nova Scotia shall have twelve and
New Brunswick twelve members.
9. The Colony of Prince Edward Island when admitted into the
Confederation shall be entitled to representation of four members in
the Legislative Council. But in such case the members allotted to
Nova Scotia and New Brunswick shall be diminished to 10 each, such
diminution to take place in each province as vacancies occur.
10. The Colony of Newfoundland when admitted into the
Confederation shall be entitled to a representation in the
Legislative Council of four members.
1l. The Northwest Territory and British Columbia shall be
admitted into the Union on such terms and conditions as the
Parliament of the Confederation shall deem equitable and as shall
receive the assent of the Sovereign, and in case of the Province of
British Columbia as shall be agreed to by the Legislature of such
Province.
12. The members of the Legislative Council shall be appointed by
the Crown under the Great Seal of the General Government from among
residents of the Province for which they are severally appointed,
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.
13. The members of the Legislative Council shall be British
subjects by birth or naturalization, of the full age of 30 years,
shall each possess in the province for which they are appointed a
continuous real property qualification of 4,000 dollars over and
above all incumbrances, and shall be and continue worth that sum
over and above their debts and liabilities, and shall possess a
continuous residence in the province for which they are appointed,
except in the case of persons holding positions which require their
attendance at the seat of Government pending their tenure of office.
14. If any question shall arise as to the qualification of a
legislative councillor, the same shall be determined by the
Legislative Council.
15. The members of the Legislative Council for the Confederation
shall in the first instance be appointed upon the nomination of the
Executive Governments of Canada, Nova Scotia and New Brunswick
respectively, and the number allotted to each Province shall be
nominated from the Legislative Councils of the different Provinces,
due regard being had to the fair representation of both political
parties; but in case any member of the Local Council, so nominated,
shall decline to accept it, it shall be competent for the Executive
Government in any Province to nominate in his place a person who is
not a member of the Local Council.
16. 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.
17. 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 1, of the Consolidated
Statutes of Canada, and such councillor shall reside or possess his
qualification in the division he is appointed to represent.
18. 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 181, distributed as
follows:--
| Upper Canada |
82 |
| Lower Canada |
65 |
| Nova Scotia |
19 |
| New Brunswick |
15 |
19. Until the first general election after the official census of
1871 has been made up there shall be no change in the number of
representatives from the several sections.
20. Immediately after the completion of the census of 1871, and
immediately after every decennial census thereafter, the
representation from each Province in the House of Commons shall be
readjusted on the basis of population, such readjustment to take
effect upon the termination of the then existing Parliament.
21. For the purpose of such readjustments, Lower Canada shall
always be assigned 65 members, and each of the other Provinces
shall, at each readjustment, 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 then last taken by having 65 members.
22. No reduction shall be made in the number of members returned
by any Province unless its population shall have decreased
relatively to the population of the whole Union, to he extent of 5
per centum.
23 . In computing at each decennial period the number of members
to which each Province 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.
24. The number of members may at any time be increased by the
General Parliament, regard being had to the proportionate rights
then existing.
25. 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 to 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.
26. 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 General.
27. 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.
28. The General Parliament shall have power to make laws for the
peace, welfare, and good government of the Confederation (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 raising of money by all or any mode or system of
taxation.
(4) The borrowing of money on the public credit.
(5) Postal service.
(6) 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.
(7) Lines of steam ships between the Confederated
Provinces and other countries.
(8) Telegraphic communication and the incorporation of
telegraph companies.
(9) 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.
(10) The census and statistics.
(11) Militia, military and naval service and defence.
(12) Beacons, buoys, lighthouses, and Sable Island.
(13) Navigation and shipping.
(14) Quarantine.
(15) Sea coast and inland fisheries.
(16) Ferries between any Province and a foreign country,
or between any two Provinces.
(17) Currency and coinage.
(18) Banking, incorporation of banks, and the issue of
paper money.
(19) Saving banks.
(20) Weights and measures.
(21) Bills of exchange and promissory notes.
(22) Interest.
(23) Legal tender.
(24) Bankruptcy and insolvency.
(25) Patents of invention and discovery.
(26) Copyrights.
(27) Indians, and lands reserved for the Indians.
(28) Naturalization and aliens.
(29) Marriage and divorce.
(30) The criminal law, excepting the constitution of
Courts of Criminal Jurisdiction, but including the procedure
in criminal matters.
(31) The establishment, maintenance, and management of
penitentiaries.
(32) Rendering uniform all or any of the laws relative to
property and civil rights in Upper Canada, Nova Scotia, and
New Brunswick, 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; and
the power of repealing, amending or altering such laws shall
henceforward remain with the General Parliament only.
(33) The establishment of a General Court of Appeal for
the Confederation.
(34) Immigration.
(35) Agriculture.
(36) And generally respecting all matters of a general
character not specially and exclusively reserved for the
Local Legislatures. |
29. The General Government and Parliament shall have all powers
necessary or proper for performing the obligations of the
Confederation, as part of the British Empire, to Foreign countries
arising under treaties between Great Britain and such countries.
30. The powers and privileges of the House of Commons of the
United Kingdom of Great Britain and Ireland shall be held to
appertain to the House of Commons of the Confederation and the
powers and privileges appertaining to the House of Lords in its
legislative capacity shall be held to appertain to the Legislative
Council.
31. The General Parliament may 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 such
Parliament.
32. All Courts, judges and officers of the several Provinces
shall aid, assist, and obey the General Government in the exercise
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 salaries of
the judges of the superior and district and county Courts in each
Province, and Parliament shall fix their salaries.
34. Until the consolidation of the laws of Upper Canada, Nova
Scotia, and New Brunswick, 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 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 on the address of both
Houses of Parliament.
38. For each of the Provinces there shall be all executive
officer styled the Governor, who shall be appointed by the
Governor-General in Council, under the Great Seal of the
Confederation, 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 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, but the appointment of the first Governors shall
be provisional and they shall hold office strictly during pleasure.
39. The Governor of each Province shall be paid by the General
Government.
40. The Local Government and Legislature of each Province shall
be constructed in such manner as the Legislature of each such
Province shall provide.
41. The Local Legislature shall have power to make laws
respecting the following subjects:--
| (1) The altering or amending their
constitution from time to time.
(2) Direct taxation, and in the case of New Brunswick the
right of levying timber dues by the mode and to the extent
now established by law, provided such timber is not the
produce of the other Provinces.
(3) Borrowing money on the credit of the Province.
(4) The establishment and tenure of local offices, and
the appointment and payment of local officers.
(5) Agriculture.
(6) Immigration.
(7) Education, saving the rights and privileges which the
Protestant or Catholic minority in any Province may have by
law as to denominational schools at the time when the Union
goes into operation. And in any Province where a system of
separate or dissentient schools by law obtains, or where the
Local Legislation may hereafter adopt a system of separate
or dissentient schools, an appeal shall lie to the
Governor-General in Council of the General Government, from
the acts and decisions of the local authorities, which may
affect the rights or privileges of the Protestant or
Catholic minority in the matter of education. And the
General Parliament shall have power in the last resort to
legislate on the subject.
(8) The sale and management of public lands, excepting
lands belonging to the General Government.
(9) The establishment, maintenance, and management of
public and reformatory prisons.
(10) The establishment, maintenance, and management of
hospitals, asylums, charities, and eleemosynary
institutions, except marine hospitals.
(11) Municipal institutions.
(12) Shop, saloon, tavern, auctioneer, and other licences
for local revenue.
(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 (including the
solemnization of marriage), excepting 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.
|
42. All the powers, privileges, and duties conferred and imposed
upon Catholic separate schools and school trustees in Upper Canada,
shall be extended to the Protestant and Catholic dissentient schools
in Lower Canada.
43. The power of 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, except
in capital cases, be administered by the 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.
44. 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.
45. 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.
46. No lands or property belonging to the General or Local
Governments shall be liable to taxation.
47. All Bills for appropriating any part of the public revenue,
or for imposing any tax or impost, shall originate in the House of
Commons or House of Assembly as the case may be.
48. 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 Governor, as the case may be, during the session in which such
vote, resolution, address, or Bill is passed.
49. Any Bill of the General Parliament may be reserved in the
usual manner for Her Majesty's assent, and any Bill of the Local
Legislatures may, in like manner, be reserved for the consideration
of the Governor-General.
50. 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.
51. The seat of Government of the Confederation shall be Ottawa,
subject to the Royal Prerogative.
52. Subject to any future action of the respective Local
Governments, the seat of the Local Governments in Upper Canada shall
be Toronto; of Lower Canada Quebec; and the seats of the Local
Governments of the other Provinces shall be as at present.
53. 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.
54. The following public works and property of each Province
shall belong to the General Government. to wit:--
| (1) Canals.
(2) Public harbours.
(3) Lighthouses and piers, and Sable Island.
(4) Steamboats, dredges, and public vessels.
(5) Rivers and lake improvements.
(6) Railways and railway stocks, mortgages, and other
debts due by railway companies.
(7) Military roads.
(8) Customhouses, post offices, and all 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) Armouries, drill sheds, military clothing and
munitions of war; and lands set apart for general public
purposes. |
55. All lands, mines, minerals, and royalties vested in Her
Majesty in the Provinces of Upper Canada, Lower Canada, Nova Scotia,
and New Brunswick, 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 of any such
lands, or to any interest of other persons in respect of the same.
56. 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
Government.
57. 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.
58. 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.
59. The General Government shall assume the debts and liabilities
of each Province.
60. 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 dollars. Nova Scotia shall enter the Union with a debt
not exceeding 8,000,000 dollars, and New Brunswick with a debt not
exceeding 7,000,000 dollars. But this stipulation is in no respect
intended to limit the powers given to the respective Governments of
those Provinces by legislative authority, but only to determine the
maximum amount of charge to be assumed by the General Government.
61. In case Nova Scotia or New Brunswick should not have
contracted debts at the date of Union equal to the amount with which
they are respectively entitled to enter the Confederation, they
shall receive by half-yearly payments in advance from the General
Governor the interest at 5 per cent on the difference between the
actual amount of their respective debts and such stipulated amounts.
62. In consideration of the transfer to the General Parliament of
the powers of taxation, the following sums shall be paid by the
General Government to each Province for the support of their Local
Governments and Legislatures:--
| Upper Canada |
$ 80,000 |
| Lower Canada |
70,000 |
| Nova Scotia |
60,000 |
| New Brunswick |
50,000 |
| Total |
$260,000 |
And an annual grant in aid of each Province shall be made equal
to 80 cents per head of the population, as established by the census
of 1861; and in the case of Nova Scotia and New Brunswick by each
subsequent decennial census, until the population of each of those
Provinces shall amount to 400,000 souls, at which rate it shall
thereafter remain. 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; but the
General Government shall deduct from such subsidy all sums paid as
interest on the public debt of any Province in excess of the amount
provided under the 60th resolution.
63. 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 dollars per annum shall be made to
that Province; but that so long as the liability of the Province
remains under 7,000,000 dollars, a deduction equal to the interest
on such deficiency shall be made from the 63,000 dollars.
64. All engagements that may before the Union be entered into
with the lmperial Government for the defence of the country shall be
assumed by the General Government.
65. The construction of the Intercolonial Railway being essential
to the consolidation of the Union of British North America, and to
the assent of the Maritime Provinces thereto, it is agreed that
provision be made for its immediate construction by the General
Government, and that the Imperial guarantee for f 3,000,000 sterling
pledged for this work be applied thereto, so soon as the necessary
authority has been obtained from the Imperial Parliament
66. The communication with the Northwestern Territory, and the
improvements required for the development of the trade of the 6reat
west with the seaboard, are regarded by this Conference as subjects
of the highest importance to the Confederation, and shall be
prosecuted at the earliest possible period that the state of the
finances will permit.
67. The sanction of the Imperial Parliament shall be sought for
the Union of the Provinces on the principles adopted by this
Conference.
68. That Her Majesty the Queen be solicited to determine the rank
and name of the Confederation .
69. That a copy of these resolutions, signed by the Chairman and
Secretary of the Conference, be transmitted to the Right Honourable
the Secretary of State for the Colonies.
(Signed) JOHN A. MACDONALD,
Chairman
H. BERNARD
Secretary.
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