the erection of electoral districts and the election of members of council, according as the territory increases in population; and a legislative assembly may be formed in place of a council, as soon as the elected members of any council amount in all to twenty-one. The assembly must be summoned at least once a year, and shall present all bills to the lieutenant-governor for his assent. The members are to hold their seats in the assembly for two years. Electoral districts have been already formed in the territories and elections for the council held in accordance with the act. The number of members in the council is now twenty, of whom six are nominated and the remainder elected. The lieutenantgovernor presides over the council and has a vote.

Pending the settlement of the western boundary of Ontario, it was considered expedient in 1876 to create a separate territory out of the eastern part of the NorthWest. This territory is known as the district of Keewatin, and is under the jurisdiction of the lieutenantgovernor of Manitoba, ex-officio, who may have the assistance, if necessary, of a council, of not less than five persons and not more than ten, to aid him in the administration of affairs, with such powers as may be conferred upon them by order of the governor in council.3 This arrangement of a separate district is altogether of a provisional nature, and will come entirely to an end with the rapid development of the North-West Territories.*

139 Vict., c. 21; Rev. Stat. of Can., c. 53.

2 Sometimes Keewaydin.

No such orders now appear in the statutes of Canada.

Can. Hans. (1876) 86, remarks of Mr. Mackenzie, then premier, in introducing bill.

The district of Keewatin has been materially altered by the extension of the limits of Manitoba, in accordance with acts passed since 1876,1 and by the extension of the boundary of Ontario through the decision of the judicial committee of the privy council in 1884.3

Before passing from this historical review of the establishment of government in the North-West Territories, it is necessary to notico here the fact that it was found expedient to obtain certain legislation in 1871 from the imperial parliament in order to remove doubts that were raised in the session of 1869, as to the power of the Canadian legislature to pass the Manitoba Act, especially the provisions giving representation to the province in the Senate and House of Commons. It appears that the address passed in the first session of the parliament of Canada contained no provisions with respect to the future government of the country, whilst the general purview of the British North America Act, 1867, as respects representation in the Senate and House of Commons, seems to be confined to the three provinces of Canada, Nova Scotia and New Brunswick, originally forming the dominion. Whilst the admission of New

140 Vict., c. 6, defined new boundaries of the province of Manitoba and Keewatin. By 44 Vict., c. 14, the boundaries of the province of Manitoba were extended. See Rev. Stat. of Can. c. 53. For debates as to boundary question, see Sen. Hans. (1880-1) 606 et seq., Com. Hans. (1880-1) 2 vol. p. 1443 et seq. In accordance with a resolution passed in the session of 1882 four divisions were marked out in the North-West Territory for postal and other purposes. viz.; Alberta, Athabasca, Assiniboia, and Saskatchewan. Com. J. (1882) 509. Canada Gazette, Dec. 1882. See infra., pp. 156.

foundland and Prince Edward Island is provided for, no reference is made to the future representation of Rupert's Land, and the North-West Territory, or British Columbia. Under these circumstances an act was passed through the imperial parliament substantially in accordance with a report submitted by the Canadian minister of justice to the privy council, and transmitted to the secretary of state for the colonies by the governor-general. This act gives the parliament of Canada power to establish new provinces in any territories of the dominion of Canada, not already included in any province, and to provide for the constitution and administration of such provinces. Authority is also given to the Candian parliament to alter the limits of such provinces with the consent of their legislatures. The previous legislation of 1869 and 1870 respecting the province of Manitoba and the North-West, was sanctioned formally in the act.1

It is expressly provided in the British North America Act that the local legislature may amend from time to time the constitution of a province, except as regards the office of lieutenant-governor, and the provinces of British Columbia and Manitoba have already availed themselves of the power thus conferred by abolishing

1 Imp. Stat. 34 and 35 Vict., c. 28; see Can. Stat. for 1872, p. lii. For history of this question, Sess. P. 1871, No. 20; ConiJour. (1871), 136, 145, 291. The Imp. Act 31 and 32 Vict., c. 92, enabled the legislature of New Zealand to withdraw part of a territory from a province and form it into a county.

2 Sec. 92, sub-sec. 1, and as respects provinces coming in after 1867, see Can. Stat. 1870, c. 3, ss. 2. 10; 1872 p. lxxxviii., ss. 10 and 14; 1873, pp. xii-xiii, &c.

the legislative council. The provisions in the act relating to the speaker, quorum, mode of voting, appropriation and tax bills, money votes, assent to bills, disallowance of acts and signification of pleasure on reserved bills that is to say, the provisions affecting the parliament of Canada, extend to the legislatures of the several provinces. In accordance with these provisions any bill passed by a legislature of a province may now be disallowed by the dominion government within one year after its passage. The lieutenant-governor may also reserve any bill for the "signification of the pleasure of his Excellency the Governor-General," and it cannot go into operation unless official intimation is received, within one year of its having been approved.3

1 See supra p. 102, (British Columbia); p. 101, (Manitoba); also p. 96, n. as to duration of Quebec legislature extended to five years.

2 Ss. 87, 90. Also Manitoba Act, 33 Vict. c. 3, ss. 2, 21; British Columbia, 1872, p. lxxxviii, s. 10; P. E. Island, p. xxii.

See chapter respecting bills in Bourinot's Parl. Practice and Procedure.

CHAPTER X.

DISALLOWANCE OF PROVINCIAL ACTS.

The same powers of disallowance that belonged to the imperial government previously to 1867, with respect to acts passed by colonial legislatures, have been conferred by the British North America Act on the government of the dominion. It is now admitted beyond dispute that the power of confirming or disallowing provincial acts has been vested by law absolutely and exclusively in the governor-general in council.1 In the first years of the confederation it became, therefore, necessary to settle the course to be pursued in consequence of the large responsibilities devolved on the general

1 Can. Sess. P., 1877, No. 89, pp. 407, 432-34. In the Commons' papers will be found the arguments advanced by Mr. Blake, when minister of justice, to show that the Canadian ministry must be directly and exclusively responsible to the dominion parliament for the action taken by the governor in any and every such case, and that a governor who thinks it necessary that a provincial act should be disallowed, must find ministers who will take the responsibility of advising its disallowance. Ib. (1876) No. 116, pp. 79, 83. Ib. (1877) No. 89, pp. 449-458.