440 PARLIAMENTS OF THE DOMINIONS [PART Iu
the power given in the Acts which are powers to lay down
directions, not actual provisions.
In the Canadian Provinces alteration by simple Act is the
rule, but the position of the Lieutenant-Governor cannot be
affected, and in Quebec! the alteration of the electoral dis-
tricts, specified in a schedule (being English-speaking districts),
cannot be altered unless the majority of members for those dis-
tricts concur in the second and third readings, while in Prince
Edward Island the proportion of Councillors and the qualifi-
cations of theirelectors (being the relic of the old elective second
chamber which existed from 1862 to 1893) cannot be changed
except by a two-thirds majority of the Legislative Assembly?
In the old Province of Canada there was very little power
to alter the constitution under the Act of 1840 (3 & 4 Vict.
c. 35). But by an Act of 1854 (17 & 18 Vict. c. 118), ample
power was conferred to alter the tenure of office of the
Legislative Council, which was at once made elective, and
to alter by simple Act (instead, as before, by a two-thirds
majority) the proportion of members in either House, A
later Act (22 & 23 Vict. ¢. 10) permitted of the Parliament
making the Speakership of the Legislative Council elective.
In the Maritime Provinces all the three, Nova Scotia,
New Brunswick, and Prince Edward Island, had full power
to amend the constitution by simple Act, which no doubt
in an important matter would need under the instructions
reservation. British Columbia only achieved a representa-
tive constitution before its loss of Colonial status in 187 1,
but on the grant by Order in Council under an Imperial
Act (33 & 34 Vict. c. 66) of a representative legislature it at
once altered the constitution by Act No. 147 of 1871.
' 30 Viet. ¢. 3,5. 80. An address must be presented from the Assembly
to the Lieutenant-Governor ere he assents ; this is referred to in his instruce
tions from the Governor-General. For the general power, see s. 92 (1).
* See Act No. 1 of 1908, s. 158, which is binding under s. 5 of the Colonial
Laws Validity Act, 1865. Contra, in Provincial Legislation, 1867-1895,
p. 1228 (on the Act of 1893), Sir J. Thompson argues that s. 92 (1) of the
British North America Act, 1867, gives an absolute power of change which
cannot so be fettered, i. e. that in thisregard the Act of 1867 is not subject.
to the Act of 1865, which is a possible view.