[8] Lord Durham had not recommended this approach, and had instead proposed that the representation should be based on the respective populations of the two regions.

The Act did not determine the size of the Legislative Council, simply providing that it had to consist of at least twenty members, who were appointed for life.

[12] The right to vote in elections to the Legislative Assembly was restricted to male British subjects (by birth, naturalisation or by conquest and cession), aged 21 and older.

In rural areas, only the owners of land of a net yearly value of forty shillings or higher were entitled to vote.

In towns and townships, the right to vote was restricted to those who owned a dwelling house and land of a yearly value of at least five pounds sterling, or to those who rented their dwelling house at an annual rate of ten pounds sterling and had lived in the town or township for at least one year before the election.

[15] Only male British subjects (by birth, naturalisation or by conquest and cession), aged 21 and older, were eligible for election to the Legislative Assembly.

[13] Members of the clergy, whether Protestant or Roman Catholic, were barred from election to the Legislative Assembly,[16] as were individuals who had been convicted of treason or a felony.

They were required to own real estate of a net value of five hundred pounds sterling, over and above all rents, charges, mortgages and encumbrances.

[17] Before taking their seats, members of the Legislative Assembly had to swear an oath of allegiance to the British monarch.

[21] Before taking their seats, members of the Legislative Council had to swear an oath of allegiance to the British monarch.

If more than one candidate was nominated, the returning officer would conduct a poll at a central location in the electoral district.

Elections of the Legislative Assembly were to occur every four years, subject to earlier dissolution by the Governor General.

Even if the Governor General granted assent, the British government retained the power to disallow a law.