vised by the states operate side by side.
The Free Banking Act was passed in Canada in 1850, with the purpose of facil-
itating the entry of small unit banks along American lines. It allowed the establish-
ment of a bank, without a legislative charter, by any group that met the lax
requirements set out in the free banking legislation. Under this legislation, the min-
imum amount of net worth to organize a bank was $100 000, branching was not
allowed, and although the banknotes of the free banks were untaxed, the amount
of note issue was limited to the amount of government debt held by the banks.
The move to free banking was a step in the right direction, but Canada s experi-
ence with free banking was a failure. It did not lead to the establishment of a large
number of new banks; only five new banks were established, two of which soon
failed, and the other three converted to legislative charters.
The restriction on branching and the issue of banknotes based on government
debt, rather than on commercial loans, were blamed for the failure of Canada s free
banking experiment. The most important factor, however, was the fact that the option
of a legislative charter was still available, unlike the situation in the United States
where the provision of a legislative charter was simultaneously abolished in those
states where free banking was established. In Canada, free banking with its restric-
tive provisions, particularly the restriction on branches and the less-liberal provision
for note issue, proved to be less profitable than banking under legislative charters.
In 1850, there were fifteen chartered banks in Canada; eight in Central Canada
and seven in what was to become Atlantic Canada. From 1850 until Confederation
in 1867, and except for a short period after 1857, the Canadian provinces experi-
enced an economic expansion and thirty new banks were established. However,
eleven of these failed or closed their doors for other reasons, leaving thirty-four
chartered banks with a total of 127 branches at the end of 1867.
In the years before Confederation, governments were anxious about the char-
tered banks control of the note issue. They believed that the best way to pro-
tect the public from some of the consequences of bank failures would be to
separate the currency of the country from the banking interests. In 1860,
Alexander Galt, finance minister of the Province of Canada, proposed the sub-
stitution of a government-issued paper currency for banknotes. His proposal,
however, was defeated by his critics, especially the chartered banks, for obvious
reasons; the substitution of interest-free government debt for interest-free bank
debt would have directly reduced their profits.
In the midst of a minor financial crisis in 1866, with the collapse of the Bank of
Upper Canada (Canada s first chartered bank failure), the proponents of government-
issued paper money finally achieved their objective with the enactment of the
Provincial Notes Act. The Act authorized the issue of provincial notes, which
because of their legal reserve status could be substituted for specie. With the
cooperation of the Bank of Montreal, which had become the government s fiscal
agent in 1864 by replacing the Bank of Upper Canada, the banks began to hold the
new currency, thereby surrendering their power to issue notes.
Canada was created by the Constitution (formerly the British North America Act)
in 1867. The Act granted the new federal government of Canada exclusive juris-
diction over all matters pertaining to currency and banking, and the first problem
to be tackled was the issue of paper money. With the failure in 1867 of the
Chartered Bank of Canada (the second chartered bank failure in Canadian history),
the Dominion Notes Act was passed in 1870. The Act confirmed the rights of banks
to issue banknotes on their own credit, but restricted to large-denomination (over
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