Section 146 of the Constitution Act, 1867

[6] Section 146 reads: Power to admit Newfoundland, &c. into the Union146 It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act ; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland.

[7]Section 146 is found in Part XI of the Constitution Act, 1867, dealing with the admission of other colonies.

[10] The delegates to the London Conference wanted to provide for the eventual inclusion of Prince Edward Island and Newfoundland, in case the political situation changed.

[11][12] Although the focus of Confederation was on the eastern British North American colonies, the delegates to the Quebec Conference also adopted a broader view of the potential for the new country, with the possibility of expansion all the way to the Pacific.

Section 146 did not create any requirement for local consent to joining Canada, unlike Prince Edward Island, Newfoundland and British Columbia.

In return, Canada agreed to make extensive land grants to the Company, and a payment of £300,000.

[16] However, the government of Canada did not conduct any negotiations with the people of the Red River Colony, located in Rupert's Land.

Section 147 of the Act provides for the representation of Newfoundland and Prince Edward Island in the Senate of Canada, in the event either of those colonies joined Confederation.

In 1870, the British government admitted Rupert's Land and the North-Western Territory to Confederation, by means of an order in council passed under this section.

[20] In 1873, Prince Edward Island joined Confederation, by means of an order in council passed by the British government under this section.

British North America at Confederation