General.
127. [As to Legislative Councillors of Provinces becoming senators.] 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.
128. [Oath of Allegiance, &c.] Every Member of the Senate or House
of Commons of Canada shall before taking his Seat therein take and
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. [Continuance of existing Laws, Courts, Officers, &c.] 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be repealed, abolished, or altered by the Parliament of Canada, or by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.
130. [Transfer of Officers to Canada.] 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.
131. [Appointment of new Officers.] 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. [Treaty Obligations.] 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. [Use of English and French Languages.] Either the English or the
French Language may be used by any Person in the Debates of the Houses
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. [Appointment of executive officers for Ontario and Quebec.] 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 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 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.
135. [Powers, duties, &c., of Executive officers.] Until the Legislature
of Ontario or Quebec otherwise provides, all Rights, Powers, Duties,
Functions, Responsibilities, or Authorities at the passing of this
Act vested in or imposed on the Attorney General, Solicitor General,
Secretary and Registrar of the Province of Canada, Minister of Finance,
Commissioner of Crown Lands, Commissioner of Public Works, and Minister
of Agriculture and Receiver General, by any Law, Statute or Ordinance
of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act,
shall be vested in or imposed on any Officer to be appointed by the
Lieutenant Governor for the Discharge of the same or any of them; and
the Commissioner of Agriculture and Public Works shall perform the
Duties and Functions of the Office of Minister of Agriculture at the
passing of this Act imposed by the Law of the Province of Canada, as
well as those of the Commissioner of Public Works.
136. [Great Seals.] Until altered by the Lieutenant Governor in Council,
the Great Seals of Ontario and Quebec respectively shall be the same, or
of the same Design, as those used in the Provinces of Upper Canada and
Lower Canada respectively before their Union as the Province of Canada.
137. [Construction of temporary Acts.] The Words "and from thence to the
End of the then next ensuing Session of the Legislature," or Words to
the same Effect, used in any temporary Act of the Province of Canada not
expired before the Union, shall be construed to extend and apply to the
next Session of the Parliament of Canada if the Subject Matter of the
Act is within the Powers of the same, as defined by this Act, or to the
next Sessions of the Legislatures of Ontario and Quebec respectively,
if the Subject Matter of the Act is within the Powers of the same as
defined by this Act.
138. [As to Errors in Names.] From and after the Union the Use of the
Words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of
"Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or
Thing, shall not invalidate the same.
139. [As to Issue of Proclamations before Union, to commence after
Union.] Any Proclamation under the Great Seal of the Province of Canada
issued before the Union to take effect at a Time which is subsequent to
the Union, whether relating to that Province, or to Upper Canada, or
to Lower Canada, and the several Matters and Things therein proclaimed
shall be and continue of like Force and Effect as if the Union had not
been made.
140. [As to Issue of Proclamations after Union.] Any Proclamation which
is authorized by any Act of the Legislature of the Province of Canada
to be issued under the Great Seal of the Province of Canada, whether
relating to that Province, or to Upper Canada, or to Lower Canada, and
which is not issued before the Union, may be issued by the Lieutenant
Governor of Ontario or of Quebec, as its Subject Matter requires,
under the Great Seal thereof; and from and after the Issue of such
Proclamation the same and the several Matters and Things therein
proclaimed shall be and continue of the like Force and Effect in Ontario
or Quebec as if the Union had not been made.
141. [Penitentiary.] The Penitentiary of the Province of Canada shall,
until the Parliament of Canada otherwise provides, be and continue the
Penitentiary of Ontario and of Quebec.
142. [Arbitration respecting Debts, &c.] The Division and Adjustment
of the Debts, Credits, Liabilities, Properties, and Assets of Upper
Canada and Lower Canada shall be referred to the Arbitrament of Three
Arbitrators, One chosen by the Government of Ontario, One by the
Government of Quebec, and One by the Government of Canada; and the
Selection of the Arbitrators shall not be made until the Parliament of
Canada and the Legislatures of Ontario and Quebec have met; and the
Arbitrator chosen by the Government of Canada shall not be a Resident
either in Ontario or in Quebec.
143. [Division of Records.] The Governor General in Council may from
Time to Time order that such and so many of the Records, Books,
and Documents of the Province of Canada as he thinks fit shall be
appropriated and delivered either to Ontario or to Quebec, and the
same shall thenceforth be the Property of that Province; and any Copy
thereof or Extract therefrom, duly certified by the Officer having
charge of the Original thereof, shall be admitted as Evidence.
144. [Constitution of Townships in Quebec.] The Lieutenant Governor of
Quebec may from Time to Time, by Proclamation under the Great Seal
of the Province, to take effect from a Day to be appointed therein,
constitute Townships in those Parts of the Province of Quebec in which
Townships are not then already constituted, and fix the Metes and
Bounds thereof.