The Union Act Amendment Act, 1859

(22 & 23 Victoria, c. 10)

An Act to empower the Legislature of Canada to make laws regulating the appointment of a Speaker of the Legislative Council.

8th August, 1856.

3 and 4 Vict., c. 35. Whereas by an Act passed in the Session of Parliament holden in the third and fourth years of Her Majesty, chapter thirty-five, "to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," it is amongst other things provided that the Governor of the Province of Canada shall have power and authority, from time to time, by an instrument under the Great Seal of the said Province, to appoint one member of the said Legislative Council to be Speaker of the said Legislative Council, and to remove him and appoint another in his stead: And, whereas 17 and 18 Vict., c. 118. passed in the Session of Parliament holden in the seventeenth and eighteenth years of Her Majesty, chapter one hundred and eighteen, "to empower the Legislature of Canada to alter the constitution of the Legislative Council for that Province, and for other purposes," power was given to the Legislature of Canada to alter the manner of composing the Legislative Council for that Province, and to make it consist of such number of persons appointed, or to be appointed, or elected by such persons and in such manner as to the said Legislature may seem fit, in the manner and subject to the conditions by that Act provided, and for the purpose aforesaid to vary and repeal, in such manner as to them may seem fit, all or any of the provisions of the first-recited Act, and of any other Act of Parliament now in force which relate to the constitution of the Legislative Council of Canada; and it was thereby further enacted, that the Speaker of the Legislative Council should, as theretofore, be appointed by the Governor: And, whereas the said Legislature, in pursuance of the powers conferred on them by the said last-recited Act, have, by an Act of the Province of Canada passed in the Session of the said Legislature holden in the nine-teenth and twentieth years of Her Majesty, "to change the constitution of the Legislative Council by rendering the same elective," provided for the election of members of the said Council, and for the gradual substitution of elective for appointed members thereof: And, whereas doubts have been entertained whether it is lawful for the Legislature of Canada, under the powers given to them by the said last-recited Act of Parliament, to provide for the appointment or election of a Speaker of the Legislative Council, and it is expedient that such doubts should be removed, be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows;

I. It shall be lawful for the Legislature of Canada, by any Act or Acts passed in the manner and subject to the conditions specified in the said last-recited Act of Parliament, to alter the constitution of the Legislative Council of the said Province by providing for the appointment or election of a Speaker of the said Council; and for this purpose to vary and repeal, in such manner as to them may seem fit, so much of the herein-before recited sections of the said Acts of Parliament, and of the provisions of the said recited or any other Acts of Parliament as relates to the appointment of such Speaker.


Last HTML revision: 11 November, 2018.

W.F.M.