Isabella Carter
The Constitution Act of 1867, originally known as the British North America Act, was a law passed by the British Parliament on March 29, 1867, that created the Dominion of Canada. It came into effect on July 1, 1867, and outlined the structure of Canada's government and the distribution of powers between the central Parliament and the provincial legislatures. The Act established Canada as a federal state with a parliamentary system modelled on that of Britain, recognizing it as a constitutional monarchy. It is the foundational document of Canada's Constitution, though it does not contain the entire Constitution, as it is complemented by other British and Canadian statutes and unwritten principles.
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What You'll Learn
- The Act's foundational role in outlining Canada's system of government
- The distribution of powers between central Parliament and provincial legislatures
- The recognition of Canada as a constitutional monarchy and federal state
- The Act's renaming from the British North America Act
- The Act's influence on the division of powers between provinces and the federal government
The Act's foundational role in outlining Canada's system of government
The Constitution Act of 1867, originally known as the British North America Act, is the foundational document of Canada's Constitution. It outlines the structure of the Canadian government and the distribution of powers between the federal government and the provincial legislatures.
The Act established the Dominion of Canada by uniting the British North American colonies of Canada, New Brunswick, and Nova Scotia. It also provided for a federal state with a parliamentary system modelled on that of Britain, combining the Westminster model of parliamentary government with the division of sovereignty (federalism). The Act outlines the legal foundations of Canadian federalism, recognising Canada as a constitutional monarchy and federal state.
The Constitution Act of 1867 also sets out the financial functioning of the Canadian government and the provincial governments. It establishes a fiscal union where the federal government is liable for the debts of the provinces. Additionally, it outlines the powers of the central Parliament, including jurisdiction over areas such as banking, interest, criminal law, the postal system, and the armed forces.
The Act has been amended several times since its enactment, and its interpretation has evolved over time. It is complemented by British and Canadian statutes with constitutional effect and unwritten principles known as constitutional conventions, such as the power vested in the Crown to dissolve Parliament and call a general election. The Constitution Act of 1867 serves as the basis for understanding the division of powers between the provinces and the federal government in Canada.
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The distribution of powers between central Parliament and provincial legislatures
The Constitution Act, 1867, originally known as the British North America Act (BNA Act), was the law passed by the British Parliament to create the Dominion of Canada. It outlines the distribution of powers between the central Parliament and the provincial legislatures.
The Act established a federal system, uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia. The distribution of legislative powers is an inherent part of all such federal systems. It determines which level of government can legislate in the various areas of law.
The powers of Parliament, outlined in sections 91 and 92 of the Constitution Act, concern matters of national interest. These include banking, interest, criminal law, the postal system, and the armed forces. Section 91 also grants Parliament the power to make laws for "the Peace, Order, and good Government of Canada" in relation to all matters not assigned to the provinces. This "residuary power" ensures that every area of legislation falls under either federal or provincial jurisdiction.
The exclusive powers of the provincial legislatures, outlined in sections 92, 92(A) and 93, concern matters of a local nature. These include the power to regulate trade and commerce within their respective territories and the authority to legislate in relation to property and civil rights. The provinces are not subordinate to Parliament and have areas of exclusive jurisdiction.
Certain areas of government action are not specifically assigned to either federal or provincial jurisdiction in the Act. Over time, the courts have clarified and defined these powers through judicial review, determining that these areas fall under various legislative powers, some federal and others provincial.
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The recognition of Canada as a constitutional monarchy and federal state
The Constitution Act of 1867, originally known as the British North America Act, was passed by the British Parliament on 29 March 1867 and came into effect on 1 July 1867. The Act established the Dominion of Canada by uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia.
The Act begins with a preamble declaring that the three provinces requested to form "one Dominion... with a Constitution similar in Principle to that of the United Kingdom". This preamble has proven significant in interpreting the Act, as it suggests that Canada's Constitution is "'similar in principle' to the largely unwritten constitution of the United Kingdom".
The Constitution Act, 1867, recognises Canada as a constitutional monarchy and a federal state. As a constitutional monarchy, Canada acknowledges the Crown, or the monarch, as the formal head of state, with the power to dissolve Parliament and call a general election, usually on the advice of the prime minister. This recognition of the monarchy is reflected in Section 2 of the original Act, which stated that all references to the Queen (then Victoria) equally applied to all her heirs and successors.
As a federal state, Canada's system of government combines Britain's Westminster model of parliamentary government with the division of sovereignty (federalism). The Act outlines the distribution of powers between the central Parliament and the provincial legislatures, with specific jurisdictions outlined for each. For example, Section 91 gives Parliament jurisdiction over areas such as banking, criminal law, and the postal system, while also granting the federal government power over "Indians and Lands reserved for the Indians".
The Act has been amended several times since its enactment, both through textual amendments and other means, by the Parliament of the United Kingdom, the Parliament of Canada, and the legislatures of the provinces. It forms the foundational document of Canada's Constitution, outlining the legal foundations of Canadian federalism and serving as the basis for analysing the division of powers between the provinces and the federal government.
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The Act's renaming from the British North America Act
The British North America Act, 1867, was originally known as the Constitution Act, 1867. It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada and came into effect on 1 July 1867. The Act outlines the structure of the Canadian government and the distribution of powers between the central Parliament and the provincial legislatures.
The Act was renamed from the British North America Act to the Constitution Act in 1982 with the patriation of the Constitution. This act served as Canada's "constitution" until 1982, when the British Parliament's authority was transferred to the independent Canadian Parliament. The British North America Act, 1867, was a major part of the Constitution of Canada. It entailed the original creation of a federal dominion and set the framework for much of the Canadian government's operations, including its federal structure, the House of Commons of Canada, the Senate, the justice system, and the taxation system.
The British North America Acts, 1867–1975, are a series of acts of Parliament that were at the core of the Constitution of Canada. Most were enacted by the Parliament of the United Kingdom, while some were enacted by the Parliament of Canada. Some of the acts were repealed in Canada by the Constitution Act, 1982. The rest were renamed the Constitution Acts and amended, with those changes only taking effect in Canada. The Canadian versions of the Constitution Acts are part of the Constitution of Canada and can only be amended in Canada.
The British North America Act, 1867, recognized the creation of the province of Manitoba and the incorporation of Rupert's Land and the Northwest Territories into Canada. This act also allowed the Canadian Parliament and the legislatures of Ontario and Quebec to redraw the boundaries of these provinces to include parts of these land acquisitions, specifically around Hudson Bay and James Bay.
In addition to the above, the act also provided for the union (confederation) of three of the five British North American colonies into a federal state with a parliamentary system modelled on that of Britain.
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The Act's influence on the division of powers between provinces and the federal government
The Constitution Act of 1867, originally known as the British North America Act, was passed by the British Parliament on March 29, 1867, and came into effect on July 1, 1867. The Act outlines the structure of the Canadian government and the distribution of powers between the federal government 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. It also provided for a constitution "'similar in principle' to the largely unwritten constitution of the United Kingdom", recognizing Canada as a constitutional monarchy and a federal state. The Act outlines the legal foundations of Canadian federalism, including the division of powers between the provinces and the federal government.
One of the key provisions of the Act is Section 91, which 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," which has been exercised by the Aboriginal Affairs and Northern Development Canada (AANDC) organization. Additionally, the Act establishes a fiscal union where the federal government is liable for the debts of the provinces (Sections 111-116).
The Act has been amended several times since its enactment, and the division of powers between the provinces and the federal government has evolved over time. In recent years, the 1867 document has primarily served as the basis for analyzing the division of powers. While it has been endorsed by all provincial governments except Quebec, there have been controversial amendments framed as changes to the Act. For example, in the 2020s, three Quebec statutes and one Saskatchewan statute were presented as amendments to the Act, but their validity is still debated as they were not authorized by the Senate and House of Commons.
In conclusion, the Constitution Act of 1867 laid the foundation for the division of powers between the provinces and the federal government in Canada. While it has undergone amendments and interpretations, the Act continues to play a significant role in shaping the country's governmental structure and power distribution.
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Frequently asked questions
The Constitution Act of 1867, originally known as the British North America Act, was a law passed by the British Parliament on March 29, 1867, to create the Dominion of Canada. It outlined the structure of the Canadian government and 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. It also confirmed "Canada" as the name of the newly formed country. The Act provided a parliamentary system for the country, modelled on that of Britain.
The Act outlines the distribution of powers between the central Parliament and the provincial legislatures. For example, Section 91 gives Parliament jurisdiction over areas such as banking, criminal law, and the postal system. It also includes a preamble declaring that the three provinces requested to form "one Dominion... with a Constitution similar in Principle to that of the United Kingdom".
![Documents Diplomatiques. 1867. No.viii[-x]. (French Edition)](https://m.media-amazon.com/images/I/71Ds8jIEfoL._AC_UY218_.jpg)
