The Saskatchewan Act
Encyclopedia
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Canadian Parliament establishing the new province of Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, effective September 1, 1905. Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
is An Act to establish and provide for the government of the Province of Saskatchewan. The Act was published in chapter 42, pages 201-215 of the Statutes of Canada 1905. The Act received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on July 20, 1905.
Creation
As the population of the North-West Territories increased, its government evolved from an appointed lieutenant governorLieutenant Governor of Saskatchewan
The Lieutenant Governor of Saskatchewan is the viceregal representative in Saskatchewan of the Canadian monarch, Queen Elizabeth II, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada and resides predominantly in her oldest realm, the...
in 1876, to responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
in 1897, to near full provincial powers, with the exception of direct taxation by 1901. However, with the federal government failing to cover the full expenses of the Territories, Premier Frederick Haultain requested provincial status for a large swathe of the Territories.
The initial proposal by the Conservative Haultain to Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Wilfrid Laurier
Wilfrid Laurier
Sir Wilfrid Laurier, GCMG, PC, KC, baptized Henri-Charles-Wilfrid Laurier was the seventh Prime Minister of Canada from 11 July 1896 to 6 October 1911....
in 1900 was seconded by Liberal James Ross
James Hamilton Ross
James Hamilton Ross was a Canadian politician, the Yukon Territory's third Commissioner, and an ardent defender of territorial rights...
, and was taken under consideration by Clifford Sifton
Clifford Sifton
Sir Clifford Sifton, PC, KCMG was a Canadian politician best known for being Minister of the Interior under Sir Wilfrid Laurier...
, Minister of the Interior
Minister of the Interior (Canada)
The Minister of the Interior was a cabinet post responsible for federal land management, Indian affairs and natural resources extraction...
. Haultain desired that the entire area between Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
and British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
be incorporated as a a single province, due to the region's shared history and economy. Others supported splitting the area into two or more separate provinces based on the existing provisional districts, for fear a single province would be unwieldy, and that it might come to dominate federal politics. The Laurier government postponed any decision until after the 1904 election
Canadian federal election, 1904
The Canadian federal election of 1904 was held on November 3 to elect members of the Canadian House of Commons of the 10th Parliament of Canada...
, during which Haultain actively campaigned for the Conservatives. The Conservatives lost to Laurier's Liberals, and following the election the Liberals decided to create two provinces, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
and Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
.
Two clauses in the Acts as they were passed caused significant controversy: Article 17, which explicitly provided for continuance of pre-existing separate Catholic and French schools, with no discrimination against them, and Article 21, which reserved management of Crown lands and natural resources to the Federal Government. Article 17 was controversial because English Canadians felt that immigrants should be assimilated to the British culture and language, while French Canadians saw any removal of existing protections as an attack on the French culture. Clifford Sifton resigned rather than support this measure. The article was included in the Act despite the protests and resignation, however provision of French instruction was never supported by the provincial government, and was effectively eliminated by 1931 (though it has since been partially restored). Article 21 allowed Federal government retain control over the Provincial land and resources, and while the Act provided for monetary transfers to compensate for the lack of resource revenue, this policy hindered the economic growth of the new Provinces and became one of the original sources of western alienation
Western Alienation
In Canadian politics, Western alienation is a concept that the Western provinces - British Columbia , Alberta, Saskatchewan and Manitoba - have been alienated, and in extreme cases excluded, from mainstream Canadian political affairs in favour of the provinces of Ontario and Quebec...
. Haultain formed Canada's first protest party, the Provincial Rights Party
Provincial Rights Party
The Provincial Rights Party was a Canadian political party founded and led by Frederick W.A.G. Haultain in 1905 to contest elections in the new province of Saskatchewan.Haultain had been Premier of the North-West Territories prior to the province's creation...
, based around this issue. Control over resources was returned to the Provinces in the British North America Act, 1930, and this issue was again clarified in the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
.
Sections of the Act
The act consists of the following sections (paraphrased):- Provides the shortened name of the act.
- Describes the physical boundaries of the province.
- British North America Act (1867) applies to Saskatchewan.
- Four members appointed to the Senate of Canada.
- Current representation in the House of Commons will remain in effect until the next election.
- Sets the number of parliament members based on population.
- Election guidelines of the Northwest TerritoriesNorthwest TerritoriesThe Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
applies to the province until amended by Parliament. - Lieutenant governorLieutenant governorA lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
determines members of the Executive CouncilExecutive Council (Commonwealth countries)An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
. - Seat of government is ReginaRegina, SaskatchewanRegina is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province and a cultural and commercial centre for southern Saskatchewan. It is governed by Regina City Council. Regina is the cathedral city of the Roman Catholic and Romanian Orthodox...
. - Powers of the lieutenant governor of the Northwest Territories shall be same as those of the lieutenant governor in Saskatchewan.
- Lieutenant governor shall provide a Great SealGreat Seal of CanadaThe Great Seal of Canada is a seal used for official purposes of state in Canada such as the certification of Acts of Parliament that have been granted Royal Assent....
for the new province. - The single house of the provincial legislature to be named the Legislative Assembly of SaskatchewanLegislative Assembly of SaskatchewanThe 25th Legislative Assembly of Saskatchewan was in power from 2003 until November 20, 2007. It was controlled by the Saskatchewan New Democratic Party under premier Lorne Calvert.-Members:-By-elections:...
. - Initially 25 members of the provincial legislature until changed by said legislature. A schedule followed the main body of the act that defined the initial electoral divisions for the province.
- Current laws of the Northwest Territories shall apply to Saskatchewan.
- The first general electionGeneral electionIn a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
must be called within six months1. - Laws and courts: Supreme Court of the Northwest Territories may be abolished in Saskatchewan if replaced by a similar court.
- Section 93 override of the British North America Act, 1867: rights of Roman Catholics to separate schools continued.
- Subsidies from the federal government based on a fixed amount and population size.
- Annual payments of $405 375 to Saskatchewan from the federal government.
- Compensation for use of public lands by the federal government.
- Existing federal lands, mines and minerals will remain the property of the federal government.
- Properties and assets of the Northwest Territories to be divided equally between Saskatchewan and AlbertaAlbertaAlberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
2. - Preserves the rights of the Hudson's Bay CompanyHudson's Bay CompanyThe Hudson's Bay Company , abbreviated HBC, or "The Bay" is the oldest commercial corporation in North America and one of the oldest in the world. A fur trading business for much of its existence, today Hudson's Bay Company owns and operates retail stores throughout Canada...
with respect to land surrendered to the Crown. - Provisions for the Canadian Pacific RailwayCanadian Pacific RailwayThe Canadian Pacific Railway , formerly also known as CP Rail between 1968 and 1996, is a historic Canadian Class I railway founded in 1881 and now operated by Canadian Pacific Railway Limited, which began operations as legal owner in a corporate restructuring in 2001...
. - Act comes into effect on September 1, 1905.
1 First general election was held on December 13, 1905.
2 The Alberta Act was passed at the same time.
Original Electoral Divisions
The original 25 electoral divisions were defined in a schedule following the main body of the act. These 25 divisions were:- Souris
- Cannington
- MoosominMoosomin (electoral district)Moosomin is a provincial electoral district for the Legislative Assembly of Saskatchewan, Canada. Located in southeastern Saskatchewan, this constituency was one of 25 created for the 1st Saskatchewan general election in 1905....
- Whitewood
- Grenfell
- Wolseley
- SaltcoatsSaltcoats (provincial electoral district)Saltcoats was a provincial electoral district for the Legislative Assembly of the province of Saskatchewan, Canada, centered on the town of Saltcoats. One of 25 districts created before the 1st Saskatchewan general election in 1905, it was abolished before the 8th Saskatchewan general election in...
- YorktonYorkton (provincial electoral district)Yorkton is a provincial electoral district for the Legislative Assembly of Saskatchewan, Canada. It has historically almost always voted for the governing party, selecting an opposition candidate only twice in its history ....
- South Qu'AppelleSouth Qu'AppelleSouth Qu'Appelle is a former provincial electoral division for the Legislative Assembly of the province of Saskatchewan, Canada. The district was created before the 1st Saskatchewan general election in 1905, and abolished before the 8th Saskatchewan general election in 1934...
- North Qu'Appelle
- South Regina
- Regina CityRegina City (provincial electoral district)Regina City is a former provincial electoral division in the Canadian province of Saskatchewan. It was the riding of premier William Melville Martin...
- LumsdenLumsden (provincial electoral district)Lumsden was a provincial electoral division for the Legislative Assembly of the province of Saskatchewan, Canada. The district was one of 25 created before the 1st Saskatchewan general election in 1905. It was the riding of Premier Thomas Walter Scott....
- Moose Jaw
- Moose Jaw CityMoose Jaw, SaskatchewanMoose Jaw is a city in south-central Saskatchewan, Canada on the Moose Jaw River. It is situated on the Trans-Canada Highway, west of Regina. Residents of Moose Jaw are known as Moose Javians. It is best known as a retirement and tourist city that serves as a hub to the hundreds of small towns...
- Maple CreekMaple Creek (provincial electoral district)Maple Creek is a former provincial electoral district for the Legislative Assembly of the province of Saskatchewan, Canada. This district was one of 25 created for the 1st Saskatchewan general election in 1905...
- HumboldtHumboldt (provincial electoral district)Humboldt is a provincial electoral district for the Legislative Assembly of Saskatchewan, Canada. Located in central Saskatchewan, this constituency was one of 25 created for the 1st Saskatchewan general election in 1905....
- Kinistino
- Prince Albert
- Prince Albert CityPrince Albert CityPrince Albert City was a provincial electoral district for the Legislative Assembly of the province of Saskatchewan, Canada. This constituency was one of 25 created for the 1st Saskatchewan general election in 1905....
- Batoche
- Saskatoon
- Rosthern
- RedberryRedberry (provincial electoral district)Redberry was a provincial electoral district for the Legislative Assembly of the province of Saskatchewan, Canada, centered on the town of Hafford. This constituency was one of 25 created before the 1st Saskatchewan general election in 1905...
- BattlefordBattleford (provincial electoral district)Battleford was a provincial electoral district for the Legislative Assembly of Saskatchewan, Canada. It was one of the 25 ridings created when the province came into existence in 1905...