IX. MISCELLANEOUS PROVISIONS
General.
127. Repealed.
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 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 other Person authorized by
him, the Declaration 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,
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Ireland), to be repealed, abolished, or altered by the Parliament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 Provinces,
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
Legislature 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
such Officers as the Governor General in Council deems necessary
for the Effectual Execution of this Act.
132. 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. 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. 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. 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 the 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 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. Until altered any 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. 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. 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. 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. 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 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. 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. 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. 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. 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.
Constitution Act 1867