Jonah Patel
The Constitution Act of 1867, originally known as the British North America Act, was enacted by the British Parliament to create the Dominion of Canada. The act outlines the structure of the Canadian government and the distribution of powers between the federal government and the provinces. It was renamed the Constitution Act, 1867, in 1982 when the Constitution came under full Canadian control. The act is now recognised as part of Canada's supreme law and continues to serve as the foundational statute for the country's constitution.
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What You'll Learn
The British North America Act
The act also envisioned the potential future union of additional colonies, including British Columbia, Newfoundland, Prince Edward Island, Rupert's Land, and the North-Western Territory. However, it is important to note that the United Kingdom retained legislative control over Canada and full authority over Canadian foreign policy even after the enactment of the British North America Act.
The Constitution Act, 1867, does not encompass the entirety of the Constitution of Canada. It is supplemented by British and Canadian statutes, such as the Canada Elections Act, and unwritten principles known as constitutional conventions. These conventions include the Crown's power to dissolve Parliament and call a general election, typically exercised on the prime minister's advice.
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Canada's foundational document
The Constitution Act, 1867, originally known as the British North America Act, is Canada's foundational document. It was enacted by the British Parliament on 29 March 1867 and came into effect on 1 July 1867. The Act created a federal dominion and established Canada as a nation, uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia. It also divided the former Province of Canada into two: Canada West and Canada East, which were renamed Ontario and Quebec, respectively.
The Constitution Act, 1867, outlines the structure and operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. It defines the distribution of powers between the central Parliament and the provincial legislatures, with sections outlining specific areas of jurisdiction for each level of government. For example, section 91 gives Parliament jurisdiction over banking, interest rates, criminal law, the postal system, and the armed forces, while section 92 grants provinces authority over areas such as property law and civil rights.
The Act also sets out the process for admitting new provinces into the union and establishes the position of the Queen and her heirs in relation to Canada. It provides for the appointment of a Governor General who acts on behalf of the Queen and can summon and call together the House of Commons. The Act outlines the composition of the House of Commons, with a specified number of members representing each province, and the rules for its proceedings, such as the requirement for a minimum number of members to be present for a meeting.
The Constitution Act, 1867, has been amended several times since its enactment, including the addition of section 92A in 1982, which granted provinces greater control over non-renewable natural resources. The Act continues to be a fundamental part of Canada's Constitution and is recognised as part of the country's supreme law. It serves as the basis for Canada's federal system of government and the distribution of powers between the federal and provincial levels.
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The union of three colonies
The Constitution Act, 1867, originally known as the British North America Act, 1867, was a law passed by the British Parliament to unite three of the five British North American colonies into a federal state. The three colonies were Nova Scotia, New Brunswick, and the Province of Canada, which was divided into Ontario and Quebec, creating four provinces in total.
The Act established the Dominion of Canada, outlining the structure of the federal government and defining the distribution of powers between the central Parliament and the provincial legislatures. It was the foundational document of Canada's Constitution, providing a parliamentary system modelled on that of Britain.
The British North America Act, 1867, came into effect on July 1, 1867, and was renamed the Constitution Act, 1867, with the patriation of the Constitution in 1982. This change in name was part of the process to modernise the Constitution of Canada. The Act has been amended several times since its enactment, with Section 1, which deals with preliminary matters, being amended once.
The union of the three colonies had a significant impact on the formation of modern-day Canada. By uniting these colonies, the Constitution Act, 1867, laid the groundwork for the expansion of Canadian territory and the development of a federal system of government. The Act also established the framework for the distribution of powers between the central government and the provinces, shaping the political landscape of the country.
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The Dominion of Canada
The Constitution Act, 1867, originally known as the British North America Act, was the law passed by the British Parliament that created the Dominion of Canada. It came into effect on 1 July 1867, six months after it was passed on 29 March 1867.
The Act united the North American British colonies of Canada, New Brunswick, and Nova Scotia into one Dominion under the name of Canada. The former Province of Canada was divided into two: Canada West and Canada East, which were renamed Ontario and Quebec, respectively, and became full provinces. This newly formed Dominion of Canada was to be governed by a parliamentary system modelled on that of Britain.
The Constitution Act, 1867, outlines the structure of the federal government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It establishes the House of Commons, the Senate, the justice system, and the taxation system. The Act also sets out the powers of the federal government and the provinces, including the federal government's power over "Indians and Lands reserved for the Indians".
The Act was renamed the Constitution Act, 1867, in 1982 with the patriation of the Constitution, bringing it under full Canadian control. However, it is still known by its original name in records of the United Kingdom. The Act has been amended several times since its enactment, including the addition of section 92A, which gives provinces greater control over non-renewable natural resources.
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Distribution of powers
The Constitution Act, 1867, originally known as the British North America Act, 1867 (BNA Act), is a foundational statute for the Constitution of Canada. It outlines the distribution of powers between the central Parliament and the provincial legislatures.
The Act established the Dominion of Canada by uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia. These three colonies were divided into four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick. The Act outlines the constitutional framework of Canada, including the structure and powers of the federal government and the provinces.
The distribution of powers outlined in the Act includes:
- Section 91 gives Parliament jurisdiction over areas such as banking, interest, criminal law, the postal system, and the armed forces. It also gives the federal government power over "Indians and Lands reserved for the Indians."
- Section 92A, added in 1982, gives provinces greater control over non-renewable natural resources.
- The Act also outlines the powers of the Governor General, including the appointment of a Senator to be Speaker of the Senate and the summoning of the House of Commons.
- It establishes the House of Commons, consisting of 308 members, with a minimum of 20 members needed to constitute a meeting for the exercise of its powers.
- The Act also outlines the powers of the Lieutenant Governor of Quebec, including the appointment of a Member of the Legislative Council.
- The Legislative Council of Quebec must have at least ten members, including the Speaker, for a meeting to exercise its powers.
The Constitution Act, 1867, does not suggest that all provinces are constitutionally equal. For example, the Prairie provinces did not possess rights to their natural resources for 25 years after becoming provinces. Judicial decisions have also impacted provincial and federal powers, with British judges favouring provincial powers when in conflict with federal powers.
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Frequently asked questions
The Constitutional Act of 1867 was originally known as the British North America Act, 1867 (BNA Act).
The act was renamed the Constitutional Act, 1867, in 1982 with the patriation of the Constitution.
The act established the Dominion of Canada by uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia. It also outlined the structure of the Canadian government and the distribution of powers between the central Parliament and the provincial legislatures.
The act is significant as it is the foundational document of Canada's Constitution and is now recognized as part of the supreme law of Canada.
