C62 



PUBLIC DOCUMENTS, 



71. DISTRIBUTION OF LEGISLATIVE POWERS. 

 POWER3 OP THB PARLIAMENT. 



91. 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 mat- 

 ters 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 

 fcs to restrict the generality of the foregoing terms of 

 this section, it is hereby declared that (notwith- 

 standing, anything in this act) the exclusive legisla- 

 tive 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 services and de- 

 fence. 



8. The fixing of and providing for the salaries 

 and allowances of civil and other officers of 

 the government of Canada. 



9. Beacons, buoys, light-houses, and Sable Island. 



10. Navigation and shipping. 



11. Quarantine and the establishment and main- 

 tenance 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 ami invention and discovery. 



23. Copyrights. 



24. Indians and lands reserved for the Indians. 

 5. 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 manage- 

 ment of penitentiaries. 



29. Such classes of subjects as are expressly ex- 

 cepted in the enumeration of the classes of 

 subjects by this act assigned exclusively to 

 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 nature com- 

 prised in the enumeration of the classes of sub- 

 jects by this act assigned exclusively to the 

 legislatures of the Provinces. 



EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES. 



92. In each Province the legislature may exclu- 

 sively make laws in relation to matters coming with- 

 in the classes of subjects next hereinafter enumerated, 

 that is to say : 



(1.) The amendment from time to time, notwith- 

 standing anything in this act, of the Constitu- 

 tion of the 'Province, except as regards the 

 office of lieutenant-governor. 



(2.) Direct taxation within the Province in order 

 to the raising of a revenue for provincial pur- 

 poses. 



(3,) The borrowing of money on the sole credit 

 of the Province. 



(4.) The establishment and tenure of provincial 

 offices, and the appointment and payment of 

 provincial officers. 



(5.) The management and sale of the public lands 

 belonging to the Province, and of the timber 

 and wood thereon. 



(6.) The establishment, maintenance, and man- 

 agement of public and reformatory prisons in 

 and for the Province. 



(7.) The establishment, maintenance, and man- 

 agement of hospitals, asylums, charities, and 

 eleemosynary institutions in and for the 

 Province (other than marine hospitals). 

 (8.^ Municipal institutions in the Province. 

 (9.) Shop, saloon, tavern, auctioneer, and other 

 licenses in order to the raising of a revenue 

 for provincial, local, or municipal purposes. 

 (10.) Local works and undertakings other than 

 such as are of the following classes : 

 a. Lines of steam or other ships, railways, 

 canals, telegraphs, and other works and 

 undertakings connecting the Province 

 with any or others of the Provinces, or 

 extending beyond the limits of the Prov- 

 ince. 

 5. Lines of steamships between the Province 



and any British or foreign country. 

 <J. Such works as, although wholly situate 

 within the Province, or before or after 

 their execution declared by the Parliament 

 of Canada to be for the general advantage 

 of Canada or for the advantage of two or 

 more of the Provinces. 



(11.) The incorporation of companies with Pro- 

 vincial objects. 



(12.) The solemnization of marriage in the Prov- 

 ince. 



(13.1 Property and civil rights in the Province. 

 (14.) The administration of justice in the Province, 

 including the constitution, maintenance and 

 organisation of Provincial courts, both of 

 civil and criminal jurisdiction, and including 

 procedure in civil matters in those courts. 

 (15.) The imposition of punishment by fine, pen- 

 alty, or imprisonment for enforcing any law 

 of the Province made in relation to any mat- 

 ter coming within any of the classes of sub- 

 jects enumerated in this section. 

 (1C.) Generally all matters of a merely local or 

 private nature in the Province. 



EDUCATION. 



(93.) In and for each Province the legislature may 

 make laws in relation to education, subject and ac- 

 cording to the following provisions : 



(1.) Nothing in any such law shall prejudicially 

 affect any right or privilege with respect to 

 denominational schools which any class of 

 persons have by law in the Province at the 

 union. 



(2.) All the powers, privileges, and duties by 

 law conferred and imposed in Upper Canada 

 on the separate schools and school trustees 

 of the Queen's Roman Catholic subjects shall 

 be and the same are hereby extended to the 

 dissentient schools of the Queen's Protestant 

 and Roman Catholic subjects in Quebec. 



(3.) Where in any Province a system of separate 

 or dissentient schools exists by law at the 

 union, or is thereafter established by the 

 legislature of the Province, an appeal shall 

 lie to the governor-general in council from 

 any act or decision of any Provincial authority 

 affecting any right or privilege of the Pro. 

 testant or Roman Catholic minority of the 

 Queen's subjects in relation to education. 



(4.) In case any such Provincial law as from time 

 to time seems to the governor-general in 

 council requisite for the due execution of the 

 provisions of this section is not made, or in 



