36 Vict., c. 40 (Canada)
[Assented to 23rd May, 1873.]
Preamble. WHEREAS it is probable that Her Majesty the Queen may, in pursuance of the provisions of "The British North America Act, 1867," be pleased to admit the Colony of Prince Edward Island into the union or Dominion of Canada, before the next session of the Parliament of Canada, and it is therefore expedient to make certain provisons which shall take effect in the event of such admission: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-
Certain Acts Of Canada to be in force in the Island when admitted. 1. On, from and after the day on which the said Colony of Prince Edward Island shall be admitted to the Union or Dominion of Canada, as a Province thereof, by Her Majesty the Queen, by and with the advice of Her Majesty's Most Honorable Privy Council, under the provisions of the one hundred and forty-sixth section of "The British North America Act, 1867," all the Acts of the Parliament of Canada, passed in the present or any former session thereof, and relating to the following subjects or any of them, that is to say :-
Such Acts defined. 1. The Executive Government and the several Departments thereof;
2. The Civil Service of the Dominion;
3. The legislature and legislation;
4. The Senate and House of Commons, including the proceedings therein, and the vacating of the seats of Members of the House of Commons and the filling of vacancies;
5. The Public Works of the Dominion;
6. The Postal service, including the penal clauses of the Acts relatinlg thereto;
7. The extradition of fugitive criminals from foreign countries;
8. The navigation of Canadian waters;
9. Light houses, buoys and beacons;
10. The Customs and Excise, including the tariff of duties,-
Application of such Acts. Shall,-- in so far as they are not inconsistent with the provisions of the said "British North America Act, 1867," or with those of the Order of of Her Majesty in Council admitting the said Colony into the union or Dominion, and in so far as the said Acts respectively apply to the Provinces of Ontario, Quebee, Nova Scotia and New Brunswick generally, and not only one or more of them in particular,- apply to and be in force in the said Colony or Province of Prince Edward Island, as if it had formed part of Canada, when the said Acts were respectively passed,-subject always to the provisions hereinafter made.
Governor in Council May modify certain provisions. 2. The Governor in Council may from time to time, suspend, relax or modify as respects Prince Edward Island any of the provisions or requirements of the said Acts respecting the Customs or Excise, (except such as fix the duties payable under them,) which he may deem it impracticable or inconve- nient to enforce in the said Island.
As to dutiable articles brought into other Provinces from the Island. 3. If, after the admission of Prince Edward Island into the Dominion, there be brought from it into any other Province of Canada, any article of commerce not being the produce of the Island or into of Canada, and liable to any duty of Customs when imported into Canada from any foreign country, or any such article produced in the Island, and liable to a duty of Excise if produced in Canada for consumption therein, then if such Canadian duty of Customs or Excise be greater than the duty of Customs or Difference of duty to be paid. Excise paid on such article in the Island, the difference between the Canadian duty and the duty paid in the Island, shail be payable on such article when brought from the said Island into any other Province of Canada; and such difference shall be collected under such regulations as the Governor in Council may, from time to time, make in that behalf: and any such difference of duty payable under this section shall be a duty of Customs within the meaning of the Acts respecting the Customs hereby extended to the said Island,- all the provisions whereof, (including those respecting ware- housing) and the penalties for contravention of such provisions, shall apply to such difference of duty.
Durations of ss. 2 and 3 limited. 4. The two next preceding sections shall be in force until the end of the now next session of the Parliament of Canada, and no longer.
Certain orders, &c., may be made before admision. 5. Any Order in Council, regulation, contract, arrangement or appointment for giving effect to this Act, or to Her Majesty's Order in Council for the admission of Prince Edward Island into the Union or Dominion may be made before such admission, to take effect after the same.