The British North America Act, 1867. intervene between the last sitting of the Parliament in one Session and its first sitting in the next Session. THE SENATE. 21. The Senate shall, subject to the provisions of this Act, consist of seventy twoMembers, who shall be styled Senators. 22. In relation to the Constitution of the Senate, Canada shall be deemed to consist of three Divisions: 1. Ontario; 2 Quebec ; 3. The Maritime Provinces Nova Scotia and New Brunswick; which three Divisions shall (subject to the provisions of this Act) be equally represented in the Senate as follows:Ontario by twenty four Senators; Quebec by twenty four Senators; and the Maritime Provinces by twenty four Senators, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick. In the case of Quebec each of the twenty four Senators representing that Province shall be appointed for one of the twenty four Electoral Divisions of Lower Canada specified in Schedule A to Chapter one of the Consolidated Statutes of Canada. 23. The qualifications of a Senator shall be as follows:-(1) He shall be of the full age of thirty years: (2) He shall be either a natural born subject of the Queen, or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union or of the Parliament of Canada after the Union: (3) He shall be legally or equitably seized as of freehold for his own use and benefits of Lands or Tenements held in free and common socage, or seized or possessed for his own use and benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the value The British North America Act, 1867. of four thousand dollars over and above all rents, dues, debts, charges, mortgages and incumbrances due or payable out of or charged on or affecting the same: (4) His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities : (5) He shall be resident in the Province for which he is appointed: (6) In the case of Quebec, he shall have his real property qualification in the Electoral Division for which he is appointed, or shall be resident in that Division. 24. The Governor General shall from time to time, in the Queen's name, by Instrument under the Great Seal of Canada summon qualified persons to the Senate; and, subject to the provisions of this Act, every person so summoned shall become and be a member of the Senate and a Senator. 25. Such persons shall be first summoned to the Senate as the Queen by Warrant, under Her Majesty's Royal Sign Manual, thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union. 26. Ifat any time, on the recommendation of the Governor General, the Queen thinks fit to direct that three or six Members be added to the Senate, the Governor General may by summons to three or six qualified persons (as the case may be) representing equally the three divisions of Canada, add to the Senate accordingly. 27. In case of such addition being at any time made, the Governor-General shall not summon any person to the Senate except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty four Senators and no more. 28. The number of Senators shall not at any time exceed seventy eight. 29. A Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. 30. A Senator may by writing under his hand, addressed to the Governor General, resign his place in the Senate, and thereupon the same shall be vacant. The British North America Act, 1867. 31. The place of a Senator shall become vacant in any of the following cases :— (1) If for two consecutive Sessions of the Parliament he fails to give his attendance in the Senate: (2) If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience or adherence to a Foreign Power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen of a Foreign Power: (3) If he is adjudged bankrupt or insolvent, or applies for the benefit of any Law relating to Insolvent Debtors, or becomes a public defaulter: (4) If he is attainted of treason, or convicted of felony, or of any infamous crime : (5) If he ceases to be qualified in respect of property or of residence; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the Seat of the Government of Canada while holding an office under that Government requiring his presence there. 32. When a vacancy happens in the Senate by resignation, death, or otherwise, the Governor General shall, by summons to a fit and qualified person, fill the vacancy. 33. If any question arises respecting the qualification of a Senator, or a vacancy in the Senate, the same shall be heard and determined by the Senate. 34. The Governor General may from time to time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his stead. 35. Until the Parliament of Canada otherwise provides, the presence of at least fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the exercise of its powers. 36. Questions arising in the Senate shall be decided by a majority of voices, and the Speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. The British North America Act, 1867. THE HOUSE OF COMMONS. 37. The House of Commons shall, subject to the provi sions of this Act, consist of one hundred and eighty one Members, of whom eighty two shall be elected for Ontario, sixty five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick. 38. The Governor General shall from time to time in the Queen's name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons. 39. A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick, shall, for the purposes of the Election of Members to serve in the House of Commons, he divided into Electoral Districts as follows: 1. ONTARIO. Ontario shall be divided into the Counties, Ridings of Counties, Cities, parts of Cities, and Towns, enumerated in the first Schedule to this Act, each whereof shall be an Electoral District, each such District as numbered in that Schedule, being entitled to return one Member. 2.-QUEBEC. Quebec shall be divided into sixty five Electoral Districts composed of the sixty five Electoral Divisions into which Lower Canada is at the passing of this Act divided under Chapter two of the Consolidated Statutes of Canada, Chapter seventy five of the Consolidated Statutes of Lower Canada, and the Act of the Province of Canada of the twenty third year of the Queen, Chapter one, or any other Act amending the same, in force at the Union, so that each such Electoral Division shall be for the purposes of this Act an Electoral District entitled to return one Member. 3.-NOVA SCOTIA. Each of the eighteen Counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled to return two Members, and each of the other Counties one Member. The British North America Act, 1867. 4.-NEW BRUNSWICK. Each of the fourteen Counties into which New Brunswick is divided, including the City and County of Saint John, shall be an Electoral District. The City of Saint John shall also be a separate Electoral District. Each of those fifteen Electoral Districts shall be entitled to return one Member. 41. Until the Parliament of Canada otherwise provides,all Laws in force in the several Provinces at the Union relative to the following matters, or any of them, namely:-The qualifications and disqualifications of persons to be elected or to sit or vote as Members of the House of Assembly or Legislative Assembly in the several Provinces, the voters at Elections of such Members, the oaths to be taken by voters, the Returning Officers, their powers and duties, the proceedings at Elections,the periods during which Elections may be continued, the trial of Controverted Elections, and proceedings incident thereto, the vacating of seats of Members, and the execution of new Writs in case of seats vacated otherwise than by dissolution,shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces; provided that, until the Parliament of Canada otherwise provides, at any election for a Member of the House of Commons for the District of Algoma, in addition to persons qualified by the Laws of the Province of Canada to vote, every male British subject, aged twenty one years or upwards, being a householder, shall have a vote. 42. For the first Election of Members to serve in the House of Commons, the Governor General shall cause Writs to be issued by such person, in such form, and addressed to such Returning Officers, as he thinks fit. The person issuing Writs under this Section shall have the like powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legis lative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section, shall have the like powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve |