The British North America Act, 1867 | Page 9

between the last Sitting of
the Legislature in each Province in one Session and its first Sitting in
the next Session.
87. [Speaker, Quorum, &c.] The following Provisions of this Act
respecting the House of Commons of Canada shall extend and apply to
the Legislative Assemblies of Ontario and Quebec, that is to say,--the
Provisions relating to the Election of a Speaker originally and on

Vacancies, the Duties of the Speaker, the Absence of the Speaker, the
Quorum, and the Mode of voting, as if those Provisions were here
re-enacted and made applicable in Terms to each such Legislative
Assembly.
4.--NOVA SCOTIA AND NEW BRUNSWICK.
88. [Constitutions of Legislatures of Nova Scotia and New Brunswick.]
The Constitution of the Legislature of each of the Provinces of Nova
Scotia and New Brunswick shall, subject to the Provisions of this Act,
continue as it exists at the Union until altered under the Authority of
this Act; and the House of Assembly of New Brunswick existing at the
passing of this Act shall, unless sooner dissolved, continue for the
Period for which it was elected.
5.--ONTARIO, QUEBEC AND NOVA SCOTIA.
89. [First Elections.] Each of the Lieutenant Governors of Ontario,
Quebec and Nova Scotia shall cause Writs to be issued for the First
Election of Members of the Legislative Assembly thereof in such Form
and by such Person as he thinks fit, and at such Time and addressed to
such Returning Officer as the Governor General directs, and so that the
First Election of Member of Assembly for any Electoral District or any
Subdivision thereof shall be held at the same Time and at the same
Places as the Election for a Member to serve in the House of Commons
of Canada for that Electoral District.
6.--THE FOUR PROVINCES.
90. [Application to Legislatures of Provisions respecting Money Votes,
&c.] The following Provisions of this Act respecting the Parliament of
Canada, namely,--the Provisions relating to Appropriation and Tax
Bills, the Recommendation of Money Votes, the Assent to Bills, the
Disallowance of Acts, and the Signification of Pleasure on Bills
reserved,--shall extend and apply to the Legislatures of the several
Provinces as if those Provisions were here re-enacted and made
applicable in Terms to the respective Provinces and the Legislatures
thereof, with the Substitution of the Lieutenant Governor of the

Province for the Governor General, of the Governor General for the
Queen and for a Secretary of State, of One Year for Two Years, and of
the Province for Canada.

VI.--DISTRIBUTION OF LEGISLATIVE POWERS.
Powers of the Parliament.
91. [Legislative Authority of Parliament of Canada.] It shall be lawful
for the Queen, by and with the Advice and Consent of the Senate and
House of Commons, to make Laws for the Peace, Order, and good
Government of Canada, in relation to all Matters not coming within the
Classes of Subjects by this Act assigned exclusively to the Legislatures
of the Provinces; and for greater Certainty, but not so as to restrict the
Generality of the foregoing Terms of this Section, it is hereby declared
that (notwithstanding anything in this Act) the exclusive Legislative
Authority of the Parliament of Canada extends to all Matters coming
within the Classes of Subjects next hereinafter enumerated; that is to
say,--
1. The Public Debt and Property. 2. The Regulation of Trade and
Commerce. 3. The raising of Money by any Mode or System of
Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal
Service. 6. The Census and Statistics. 7. Militia, Military and Naval
Service, and Defence. 8. The fixing of and providing for the Salaries
and Allowances of Civil and other Officers of the Government of
Canada. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10.
Navigation and Shipping. 11. Quarantine and the Establishment and
Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries.
13. Ferries between a Province and any British or Foreign Country or
between Two Provinces. 14. Currency and Coinage. 15. Banking,
Incorporation of Banks, and the Issue of Paper Money. 16. Savings
Banks. 17. Weights and Measures. 18. Bills of Exchange and
Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and
Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24.
Indians, and Lands reserved for the Indians. 25. Naturalization and

Aliens. 26. Marriage and Divorce. 27. The Criminal Law, except the
Constitution of Courts of Criminal Jurisdiction, but including the
Procedure in Criminal Matters. 28. The Establishment, Maintenance,
and Management of Penitentiaries. 29. Such Classes of Subjects as are
expressly excepted in the Enumeration of the Classes of Subjects by
this Act assigned exclusively to the Legislatures of the Provinces.
And any Matter coming within any of the Classes of Subjects
enumerated in this Section shall not be deemed to come within the
Class of Matters of a local or private