British North America Acts
Encyclopedia
The British North America Acts 1867–1975 are the original names of a series of Acts
at the core of the constitution
of Canada
. They were enacted by the Parliament of the United Kingdom
and the Parliament of Canada
. In Canada, some of the Acts were amended or repealed by the Constitution Act, 1982
. The rest were renamed the Constitution Acts. In the United Kingdom
, those Acts that were passed by the British Parliament remain in the law books under their original names. The term "British North America
" (BNA) refers to the British colonies
in North America.
, which came into effect on July 1, 1867. However, Canada was not established as fully independent, since the United Kingdom retained legislative control over Canada, and full control over Canadian foreign policy. Canada did not have any foreign embassies until its first one was established in Washington, D.C.
, in 1931. Until 1949, changes to the British North America Acts could be made only by the British parliament. The British North America (No. 2) Act, 1949, gave the Parliament of Canada the power to make limited constitutional amendment
s, but full Canadian control over the constitution was not achieved until the passage of the Canada Act 1982
. This long delay was in large part due to the inability to agree upon a procedure for making constitutional amendments that was acceptable to all of the provinces, in particular the Province of Quebec.
Because of this, all British North America Acts dated before 1949 were passed by the British Parliament, while some of those dated after 1949 were passed by the Canadian Parliament. When Canada patriated its constitution with the passage of the Canada Act of 1982, the existing British North America Acts were either repealed, or "modernized" and retitled as "Constitution Acts" in Canada.
The French Constitutional Drafting Committee produced translations of all the British North America Acts, pursuant to section 55 of the Constitution Act, 1982, but these were never enacted by Parliament to make them official.
The first Act, the British North America Act, 1867
created the self-governing (internally) Dominion
of Canada. The remaining acts dealt with a variety of topics, though the majority were concerned with modifying the representation in Parliament or in the Senate of Canada as the country enlarged and changed [1886, 1915, 1943, 1946, 1952, 1974, 1975, 1975 (No. 2)], adding the newer Provinces of Manitoba
, British Columbia
, Saskatchewan
, Alberta
, and Newfoundland. Other topics include modifying the country's boundaries (1871, 1949), transfer payments (1907), temporary changes due to two world wars (1916, 1943), federal-provincial powers (1930, 1964), power over changes in the constitution [1949 (No. 2)], the creation of new social programs (1951, 1964), and mandatory retirement ages in the Canadian government (1960, 1965)
. The Act entails the original creation of a federal
dominion and sets the framework for much of the operation of the Government of Canada
, including its Federal structure
, the House of Commons
, the Senate, the justice system
, and the taxation system. It received its current name in 1982, with the patriation
of the constitution (having originally been enacted by the Parliament of the United Kingdom
). Amendments were also made at this time: section 92A was added, giving the Provinces
greater control over non-renewable natural resource
s. In 1982, this Act was renamed the Constitution Act, 1867.
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 the Province of Ontario and the Province of Quebec in order to include parts of these land acquisitions, specifically in northern (Arctic
) Canada around Hudson Bay
. In 1982, this Act was renamed the Constitution Act, 1871.
s by the Federal government to the smaller provinces to support their legislatures and governments. The funds transferred were set at between C$100,000 and $250,000 depending on the province's population with an extra $100,000 a year for ten years to British Columbia
. In 1982, this Act was renamed the Constitution Act, 1907.
by giving the Western Canadian
provinces 24 Senators, the same number that had been guaranteed to Ontario
, Quebec
, and the Maritime Provinces. This Act also guaranteed Newfoundland
six Senators should that British Domain ever join Confederation — which it did in 1949. Finally, this act amended section 51 of the British North America Act of 1867 to guarantee that no province would have fewer members of the House of Commons than it did senators. In 1982, this Act was renamed the Constitution Act, 1915.
through October 1917, beyond the normal maximum of five years. The extension was carried out due to World War I
. This Act was repealed by the Statute Law Revision Act, 1927.
, Alberta
, Manitoba
, and Saskatchewan
rights over certain natural resources found in Federally-controlled lands. In 1982, this Act was renamed the Constitution Act, 1930.
had been ruled to be unconstitutional, since unemployment assistance was judged by the courts to be a provincial responsibility. In 1982, this Act was renamed the Constitution Act, 1940.
of seats in the Canadian House of Commons until the end of World War II
. This Act was repealed in 1982, as being completely outdated and obsolete.
into the Federation of Canada as its tenth Province
. This Act was renamed the Newfoundland Act
when the Canadian Constitution was patriated from the United Kingdom in 1982.
This Act should not be confused with the British North America (No. 2) Act 1949 (see below).
This Act was repealed in 1982 with the full patriation of the Canadian Constitution from the United Kingdom, and with the incorporation of a new, comprehensive procedure for amending the Constitution.
This Act is not to be confused with the British North America Act, 1949 later renamed the Newfoundland Act
in 1982 - which confirmed the terms of union between Newfoundland
and Canada and which made Newfoundland the tenth province.
s, while also recognizing the rights of provincial legislatures to do so.
While the Canadian Parliament had established an Old Age Pension program in 1927, this was administered by the provinces and jointly funded by them. This Act of the British Parliament allowed the Federal government of Canada to administer and operate its own pension plan and allowed it to pass the Old Age Security Act. This Act was repealed in 1982, since it had been superseded.
This Act changed the number of seats in the House of Commons and it also limited the number of seats that a province could lose due to redistricting
based on the national census
to 15% of its previous number of seats. This Act also gave the Yukon Territory
its own Member of Parliament. This Act was repealed in 1982 as having become obsolete and superseded.
judges. In 1982, this Act was renamed the Constitution Act, 1960.
possible. In 1982, this Act was renamed the Constitution Act, 1964.
. This was made possible by the provisions of the British North America (No. 2) Act, 1949.
In 1982, this Act was renamed the Constitution Act, 1965. It was introduced by the government of Prime Minister
Lester B. Pearson
, and it established a mandatory retirement age of 75 for all members who had been appointed to the Canadian Senate. Those who had been appointed before the passage of this Act were exempted.
. This had been made possible by the provisions of the British North America (No. 2) Act, 1949.
This Act changed the rules for the redistribution of seats in the Canadian House of Commons
so that Quebec was allocated the fixed number of 75 seats, while other the number of seats allocated to each of the other provinces would always be determined based upon the sizes of their populations in comparison with that of Quebec. However, the Provinces continued to be guaranteed to have at least as many members of the House of Commons as Senators they had in the Senate. In 1982, this Act was renamed the Constitution Act, 1974.
This Act increased the number of representative from the Northwest Territories
in the Canadian House of Commons, from one to two members. In 1982, this Act was renamed the Constitution Act (No. 1), 1975.
This Act increased the number of seats in the Canadian Senate from 102 to 104, and it allocated one seat to the Yukon Territory and one to the Northwest Territories
. In 1982, this Act was renamed the Constitution Act (No. 2), 1975.
as its schedule. It is the only UK legislation to be enacted in both English and French. It was signed by Elizabeth II and Pierre Trudeau
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
at the core of the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. They were enacted by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
and the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
. In Canada, some of the Acts were amended or repealed by the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
. The rest were renamed the Constitution Acts. In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, those Acts that were passed by the British Parliament remain in the law books under their original names. The term "British North America
British North America
British North America is a historical term. It consisted of the colonies and territories of the British Empire in continental North America after the end of the American Revolutionary War and the recognition of American independence in 1783.At the start of the Revolutionary War in 1775 the British...
" (BNA) refers to the British colonies
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
in North America.
Constitutional change
Canada dates its history as a country to the British North America Act, 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
, which came into effect on July 1, 1867. However, Canada was not established as fully independent, since the United Kingdom retained legislative control over Canada, and full control over Canadian foreign policy. Canada did not have any foreign embassies until its first one was established in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, in 1931. Until 1949, changes to the British North America Acts could be made only by the British parliament. The British North America (No. 2) Act, 1949, gave the Parliament of Canada the power to make limited constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s, but full Canadian control over the constitution was not achieved until the passage of the Canada Act 1982
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...
. This long delay was in large part due to the inability to agree upon a procedure for making constitutional amendments that was acceptable to all of the provinces, in particular the Province of Quebec.
Because of this, all British North America Acts dated before 1949 were passed by the British Parliament, while some of those dated after 1949 were passed by the Canadian Parliament. When Canada patriated its constitution with the passage of the Canada Act of 1982, the existing British North America Acts were either repealed, or "modernized" and retitled as "Constitution Acts" in Canada.
French-language versions
The fifteen BNA Acts enacted by the United Kingdom Parliament do not have official French-language versions. Only the English version is official. The five BNA Acts enacted by the Canadian Parliament do have official French-language versions, and the English-language and French-language versions are equally authoritative (as with all legislation enacted by the Canadian Parliament).The French Constitutional Drafting Committee produced translations of all the British North America Acts, pursuant to section 55 of the Constitution Act, 1982, but these were never enacted by Parliament to make them official.
Individual Acts
The different Acts of this series are distinguished by appending the year of their enactment. BNA Acts were passed in 1867, 1871, 1886, 1907, 1915, 1916*, 1930, 1940, 1943*, 1946*, 1949, 1949 (No. 2)*, 1951*, 1952*, 1960, 1964, 1965, 1974, 1975 and 1975 (No. 2). Those marked with (*) have since been repealed. Five of the British North America Acts were enacted by the Parliament of Canada; namely those of 1952, 1965, 1974, 1975, and 1975 (No. 2). The other fifteen were enacted by the Imperial Parliament in London, England.The first Act, the British North America Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
created the self-governing (internally) Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
of Canada. The remaining acts dealt with a variety of topics, though the majority were concerned with modifying the representation in Parliament or in the Senate of Canada as the country enlarged and changed [1886, 1915, 1943, 1946, 1952, 1974, 1975, 1975 (No. 2)], adding the newer Provinces of Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, and Newfoundland. Other topics include modifying the country's boundaries (1871, 1949), transfer payments (1907), temporary changes due to two world wars (1916, 1943), federal-provincial powers (1930, 1964), power over changes in the constitution [1949 (No. 2)], the creation of new social programs (1951, 1964), and mandatory retirement ages in the Canadian government (1960, 1965)
British North America Act, 1867
The Act, also known as the BNA Act, comprises a major part of the Constitution of CanadaConstitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
. The Act entails the original creation of a federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
dominion and sets the framework for much of the operation of the Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
, including its Federal structure
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...
, the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
, the Senate, the justice system
Court system of Canada
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial or territorial....
, and the taxation system. It received its current name in 1982, with the patriation
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
of the constitution (having originally been enacted by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
). Amendments were also made at this time: section 92A was added, giving the Provinces
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
greater control over non-renewable natural resource
Natural resource
Natural resources occur naturally within environments that exist relatively undisturbed by mankind, in a natural form. A natural resource is often characterized by amounts of biodiversity and geodiversity existent in various ecosystems....
s. In 1982, this Act was renamed the Constitution Act, 1867.
British North America Act, 1871
This act gave Canada the power to establish new provinces and territories, and to change provincial boundaries with the affected province's consent. The act recognized the creation of the Province of Manitoba, and also the incorporation of Rupert's LandRupert's Land
Rupert's Land, or Prince Rupert's Land, was a territory in British North America, consisting of the Hudson Bay drainage basin that was nominally owned by the Hudson's Bay Company for 200 years from 1670 to 1870, although numerous aboriginal groups lived in the same territory and disputed the...
and the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
into Canada. This Act also allowed the Canadian parliament and the legislatures of Ontario and Quebec to redraw the boundaries of the Province of Ontario and the Province of Quebec in order to include parts of these land acquisitions, specifically in northern (Arctic
Arctic
The Arctic is a region located at the northern-most part of the Earth. The Arctic consists of the Arctic Ocean and parts of Canada, Russia, Greenland, the United States, Norway, Sweden, Finland, and Iceland. The Arctic region consists of a vast, ice-covered ocean, surrounded by treeless permafrost...
) Canada around Hudson Bay
Hudson Bay
Hudson Bay , sometimes called Hudson's Bay, is a large body of saltwater in northeastern Canada. It drains a very large area, about , that includes parts of Ontario, Quebec, Saskatchewan, Alberta, most of Manitoba, southeastern Nunavut, as well as parts of North Dakota, South Dakota, Minnesota,...
. In 1982, this Act was renamed the Constitution Act, 1871.
British North America Act, 1886
This Act gave parliament the authority to allow the Territories of Canada to have representation in the Canadian Senate and Canadian House of Commons. In 1982, this Act was renamed the Constitution Act, 1886.British North America Act, 1907
This Act regulated transfer paymentTransfer payment
In economics, a transfer payment is a redistribution of income in the market system. These payments are considered to be exhaustive because they do not directly absorb resources or create output...
s by the Federal government to the smaller provinces to support their legislatures and governments. The funds transferred were set at between C$100,000 and $250,000 depending on the province's population with an extra $100,000 a year for ten years to British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
. In 1982, this Act was renamed the Constitution Act, 1907.
British North America Act, 1915
Expanded the Canadian SenateCanadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
by giving the Western Canadian
Western Canada
Western Canada, also referred to as the Western provinces and commonly as the West, is a region of Canada that includes the four provinces west of the province of Ontario.- Provinces :...
provinces 24 Senators, the same number that had been guaranteed to Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, and the Maritime Provinces. This Act also guaranteed Newfoundland
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
six Senators should that British Domain ever join Confederation — which it did in 1949. Finally, this act amended section 51 of the British North America Act of 1867 to guarantee that no province would have fewer members of the House of Commons than it did senators. In 1982, this Act was renamed the Constitution Act, 1915.
British North America Act, 1916
This Act extended the duration of the 12th Canadian Parliament12th Canadian Parliament
The 12th Canadian Parliament was in session from 15 November 1911 until 6 October 1917. The membership was set by the 1911 federal election on 21 September 1911, and it changed only somewhat due to resignations and by-elections until it was dissolved prior to the 1917 election. At 5 years, 10...
through October 1917, beyond the normal maximum of five years. The extension was carried out due to World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. This Act was repealed by the Statute Law Revision Act, 1927.
British North America Act, 1930
Gave the newer provinces of British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, and Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
rights over certain natural resources found in Federally-controlled lands. In 1982, this Act was renamed the Constitution Act, 1930.
British North America Act, 1940
This Act gave the Federal government jurisdiction over Unemployment Insurance thus allowing such a program to be established on a national level. An earlier attempt to create an Unemployment Insurance program during the Great DepressionGreat Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
had been ruled to be unconstitutional, since unemployment assistance was judged by the courts to be a provincial responsibility. In 1982, this Act was renamed the Constitution Act, 1940.
British North America Act, 1943
This Act delayed redistributionRedistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
of seats in the Canadian House of Commons until the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. This Act was repealed in 1982, as being completely outdated and obsolete.
British North America Act, 1946
This Act adjusted the formula for distributing seats in the Canadian House of Commons among the provinces and territories. This Act was repealed in 1982, as having been superseded.British North America Act, 1949
This Act allowed for the entry of NewfoundlandNewfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
into the Federation of Canada as its tenth Province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
. This Act was renamed the Newfoundland Act
Newfoundland Act
The Newfoundland Act was an Act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separate Dominions of Canada and Newfoundland on March 23, 1949...
when the Canadian Constitution was patriated from the United Kingdom in 1982.
This Act should not be confused with the British North America (No. 2) Act 1949 (see below).
British North America (No. 2) Act, 1949
This Act granted Canada limited powers to amend its own constitution. The Parliament of Canada was thereafter allowed to amend the Canadian constitution in many areas of its own jurisdiction without first obtaining the consent of the British Parliament. However, the approval of the British Parliament was still needed for wider constitutional changes, such as those involving areas of provincial and Federal responsibilities. Therefore, this Act can at best be considered a "partial patriation" of the Canadian Constitution.This Act was repealed in 1982 with the full patriation of the Canadian Constitution from the United Kingdom, and with the incorporation of a new, comprehensive procedure for amending the Constitution.
This Act is not to be confused with the British North America Act, 1949 later renamed the Newfoundland Act
Newfoundland Act
The Newfoundland Act was an Act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separate Dominions of Canada and Newfoundland on March 23, 1949...
in 1982 - which confirmed the terms of union between Newfoundland
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
and Canada and which made Newfoundland the tenth province.
British North America Act, 1951
This Act gave the Federal government the power to pass legislation concerning Old Age PensionPension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
s, while also recognizing the rights of provincial legislatures to do so.
While the Canadian Parliament had established an Old Age Pension program in 1927, this was administered by the provinces and jointly funded by them. This Act of the British Parliament allowed the Federal government of Canada to administer and operate its own pension plan and allowed it to pass the Old Age Security Act. This Act was repealed in 1982, since it had been superseded.
British North America Act, 1952
This was the first of the British North America Acts to be enacted by the Canadian Parliament (rather than by the British Parliament). That had been made possible under the provisions of the British North America (No. 2) Act, 1949.This Act changed the number of seats in the House of Commons and it also limited the number of seats that a province could lose due to redistricting
Redistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
based on the national census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...
to 15% of its previous number of seats. This Act also gave the Yukon Territory
Yukon (electoral district)
Yukon is the only federal electoral district in Yukon Territory, Canada. It has been represented in the Canadian House of Commons from 1902 to 1949 and since 1953....
its own Member of Parliament. This Act was repealed in 1982 as having become obsolete and superseded.
British North America Act, 1960
This Act instituted a mandatory retirement age of 75 for all superior courtSuperior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
judges. In 1982, this Act was renamed the Constitution Act, 1960.
British North America Act, 1964
This Act extended the Federal government's jurisdiction over pensions to include those of survivor's benefits and disability benefits while continuing to allow the Provinces to have their own pension programs. This amendment to the BNA Act made the Canada Pension PlanCanada Pension Plan
The Canada Pension Plan is a contributory, earnings-related social insurance program. It forms one of the two major components of Canada's public retirement income system, the other component being Old Age Security...
possible. In 1982, this Act was renamed the Constitution Act, 1964.
British North America Act, 1965
This was the second of the British North America Acts to be enacted by the Parliament of CanadaParliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
. This was made possible by the provisions of the British North America (No. 2) Act, 1949.
In 1982, this Act was renamed the Constitution Act, 1965. It was introduced by the government of Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Lester B. Pearson
Lester B. Pearson
Lester Bowles "Mike" Pearson, PC, OM, CC, OBE was a Canadian professor, historian, civil servant, statesman, diplomat, and politician, who won the Nobel Peace Prize in 1957 for organizing the United Nations Emergency Force to resolve the Suez Canal Crisis...
, and it established a mandatory retirement age of 75 for all members who had been appointed to the Canadian Senate. Those who had been appointed before the passage of this Act were exempted.
British North America Act, 1974
This was the third of the British North America Acts to be enacted by the Parliament of CanadaParliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
. This had been made possible by the provisions of the British North America (No. 2) Act, 1949.
This Act changed the rules for the redistribution of seats in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
so that Quebec was allocated the fixed number of 75 seats, while other the number of seats allocated to each of the other provinces would always be determined based upon the sizes of their populations in comparison with that of Quebec. However, the Provinces continued to be guaranteed to have at least as many members of the House of Commons as Senators they had in the Senate. In 1982, this Act was renamed the Constitution Act, 1974.
British North America Act, 1975
This was the fourth of the British North America Acts to be enacted by the Parliament of Canada. This had been made possible by the provisions of the British North America (No. 2) Act, 1949.This Act increased the number of representative from the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
in the Canadian House of Commons, from one to two members. In 1982, this Act was renamed the Constitution Act (No. 1), 1975.
British North America Act (No. 2), 1975
This was the fifth of the British North America Acts to be enacted by the Parliament of Canada.This Act increased the number of seats in the Canadian Senate from 102 to 104, and it allocated one seat to the Yukon Territory and one to the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
. In 1982, this Act was renamed the Constitution Act (No. 2), 1975.
Canada Act 1982
This final Act of the British Parliament regarding Canada had a different name, since it renamed all of the unrepealed earlier British North America Acts, amended some of them, and repealed all others, patriated all remaining legislative and constitutional powers to Canada, and included the Constitution Act, 1982Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
as its schedule. It is the only UK legislation to be enacted in both English and French. It was signed by Elizabeth II and Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
External links
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- The original acts cited below are held by the Parliamentary ArchivesParliamentary ArchivesThe Parliamentary Archives of the United Kingdom preserves and makes available to public the records of the House of Lords and House of Commons back to 1497, as well as some 200 other collections of Parliamentary interest...
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- The original acts cited below are held by the Parliamentary Archives