The British North America Act, 1867. 103. The Consolidated Revenue Fund of Canada shall be permanently charged with the costs, charges and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council, until the Parliament otherwise provides. 104. The annual Interest of the Public Debts of the several Provinces of Canada, Nova Scotia, and New Brunswick, at the Union, shall form the second charge on the Consolidated Revenue Fund of Canada. 105. Unless altered by the Parliament of Canada, the Salary of the Governor General shall be Ten Thousand Pounds Sterling money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the third charge thereon. 106. Subject to the several payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada, for the Public Service. 107. All Stocks, Cash, Bankers' Balances, and Securities for money belonging to each Province at the time of the Union, except as in this Act mentioned, shall be the property of Canada, and shall be taken in reduction of the amount of the respective debts of the Provinces at the Union. 108. The Public Works and Property of each Province enumerated in the third Schedule to this Act, shall be the property of Canada. 109. All Lands, Mines, Minerals and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New, Brunswick, at the Union, and all sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick, in which the same is situate or arise subject to any trusts existing in respect thereof and to any interest other than that of the Province in the same. 110. All Assets connected with such portions of the Public Debt of each Province as are assumed by that Province, shall belong to that Province. 5 The British North America Act, 1867. 111. Canada shall be liable for the Debts and Liabilities of each Province existing at the Union. 112. Ontario and Quebec, conjointly, shall be liable to Canada for the amount (if any) by which the debt of the Province of Canada exceeds at the Union, sixty two millions five hundred thousand dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 113. The Assets enumerated in the Fourth Schedule to this Act belonging, at the Union, to the Province of Canada, shall be the property of Ontario and Quebec conjointly. 114. Nova Scotia shall be liable to Canada for the amount (if any) by which its Public Debt exceeds at the Union eight million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 115. New Brunswick shall be liable to Canada for the amount (if any) by which its Public Debt exceeds at the Union seven million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 116. In case the Public Debts of Nova Scotia and New Brunswick do not at the Union amount to eight million and seven million dollars respectively, they shall respectively receive by half-yearly payments in advance from the Government of Canada, interest at five per centum per annum on the difference between the actual amounts of their respective Debts and such stipulated amounts. 117. The several Provinces shall retain all their respective Public Property not otherwise disposed of in this Act, subject to the right of Canada to assume any Lands or Public Property required for Fortifications or for the defence of the Country. 118. The following sums shall be paid yearly by Canada to the several Provinces, for the support of their Governments and Legislatures: Eighty Thousand Dollars; NEW BRUNSWICK, Fifty Thousand Dollars; The British North America Act, 1867. and an annual Grant in aid of each Province shall be made, equal to eighty cents per head of the population, as ascertained by the Census of one thousand eight hundred and sixty one; and in the case of Nova Scotia and New Brunswick, by each subsequent decennial Census, until the popu lation of each of those two Provinces amounts to four hundred thousand souls,at which rate such Grant shall thereafter remain. Such Grants shall be in full settlement of all future demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all sums chargeable as Interest on the Public Debt of that Province in excess of the several amounts stipulated in this Act. 119. New Brunswick shall receive by half yearly payments in advance from Canada, for the period of ten years from the Union, an additional allowance of sixty-three thousand dollars per annum; but as long as the Public Debt of that Province remains under seven million dollars, a deduction equal to the interest at five per centum per annum on such deficiency, shall be made from that allow ance of sixty-three thousand dollars. 120. All payments to be made under this Act, or in dis charge of Liabilities created under any Act of the Provinces of Canada, Nova Scotia, and New Brunswick respectively, and assumed by Canada, shall, until the Parliament of Canada otherwise directs, be made in such form and manner as may from time to time be ordered by the Governor General in Council. 121. All articles of the growth, produce or manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces. 122. The Customs and Excise Laws of each Province shall, subject to the provisions of this Act, continue in force until altered by the Parliament of Canada. 123. Where Customs Duties are, at the Union, leviable on any goods, wares or merchandises in any two Provinces, those goods, wares or merchandises may, from and after the Union, being imported from one of those Provinces into the other of them, on proof of payment of the Customs The British North America Act, 1867. Duties leviable thereon in the Province of exportation, and a payment of such further amount (if any) of Custom Duty as is leviable thereon in the Province of importation. 124. Nothing in this Act shall affect the right of New Brunswick to levy the Lumber Dues provided in Chapter fifteen of Title three of the Revised Statutes of New Brunswick, or in any Act amending that Act before or after the Union, and not increasing the amount of such Dues; but the Lumber of any of the Provinces other than New Brunswick shall not be subject to such Dues. 125. No Lands or l'roperty belonging to Canada or any Province shall be liable to Taxation. 126. Such portions of the Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia. and New Brunswick had, before the Union, power of Appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special powers conferred upon them by this Act, shall in each Province form one Consolidated Revenue Fund, to be appropriated for the Public Service of the Province, IX.-MISCELLANEOUS PROVISIONS. GENERAL. 127. 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 pas ing 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. 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 The British North America Act, 1867. 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 alsɔ, before taking his seat therein, take and subscribe before the Gorernor General, or some person authorized by him, the Dclaration of Qualification contained in the same Schedule. 129. 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, ju licial, 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. 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. 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. |