Newfound land shall be entitled to be represented in the senate by six members. The constitution act, 1867, originally known as the british north america act bna act was the law passed by the british parliament creating the dominion of canada at confederation. It determines the structure of government, the allocation of powers between federal and provincial authorities, and the interpretation of other statutes. The administration of justice in the province, including the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction.
Constitution act, 1867 wikimili, the best wikipedia reader. Comeau and section 121 of the constitution act, 1867. Section 121 of the constitution act, 1867 wikipedia. Specific mention as a constitutional document in section 522 of the. The philosophical basis of constitutional discussion in canada pdf. The constitution act, 1867 is a british statute passed in 1867 for two purposes. The base document of the canadian constitution united upper canada ontario, lower canada quebec, nova scotia and new brunswick creating the dominion of canada. The british north america act of 1867 established the dominion of canada as a federation of provinces. Constitution act 1867 assent to bills reserved and by clause 33 of the same act it was enacted as followsthat no bill which shall be so reserved for the signification of her majestys pleasure thereon shall have any force or authority within the colony of new south wales until the governor of the said colony shall signify either by.
An act for the union of canada, nova scotia, and new brunswick, and the government thereof. Constitution act, 1867 of the governor general for the queen and for a secretary of state, of one year for two years, and of the province for canada. Section 125 of the constitution act, 1867 provides that. 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. It outlines the structure of government in canada and the distribution of powers between the. It was the law passed by the british parliament on 29 march 1867 to create the dominion of canada. In relation to the constitution of the senate canada shall be representa. An act to amend and continue the act 3233 victoria chapter 3. Constitutional documents the constitution act 1867 the british north america act, 1867 the constitution act 1867 was enacted by the imperial parliament in 1867. Constitution act, 1867 11 brunswick, fourteen for manitoba, thirtysix for british columbia, four for prince edward island, twentyeight for alberta, fourteen for saskatchewan, seven for newfoundland, one for the yukon territory, one for the northwest territories and one for nunavut. The right to vote and hold office is provided for in section 3 of.
The constitution act, 1867 originally enacted as the british north america act, 1867, and referred to as the bna act, is a major part of canadas constitution. Section 121 of the constitution act, 1867 provides that. Canada shall be divided into four provinces, named ontario, quebec, nova scotia, and new brunswick. The constitution act, 1867 studies on the canadian. Constitution act, 1867 encyclopedia of canadian laws. No lands or property belonging to canada or any province shall be liable to taxation. This is the old version of the h2o platform and is now readonly. This affects the taxation powers of both levels of government, and has received a broad interpretation in the canadian courts. Guarantee of rights and freedoms rights and freedoms in canada 1. It shall be lawful for the queen, by and with the advice of her majestys most honourable privy council, to declare by proclamation that, on and after a day therein appointed, not being more than six months after the passing of this act, the provinces of canada, nova scotia, and new. T hec an di h rt e of r g sf m gu ar n ts rights and freedoms set out in it subject only to such reasonable.
The amendment from time to time of the constitution of canada, except as regards matters coming within. Canadas constitution of 1867 with amendments through 2011. The act is the foundational document of canadas constitution. This means you can view content but cannot create content. The constitution act, 1982 contains the canadian charter of rights and freedoms and other provisions, including the procedure for amending the constitution of. Canadian charter of rights and freedoms pdf version. Modern canada was founded in 1867 when four british colonies in north america decided to unite and form a single, selfgoverning confederation under the british crown. Name given to canadas main constitutional document. Amendment of the constitution act, 1867 the law embodied in the. British north america act of 1867 canada constitution act.
The matters referred to in class 1 are provided for in subsection 42 and part v of the constitution act, 1982. The constitution act, 1867 contains just one section regarding linguistic matters, section 3, which stipulates that all legislature members have the right to use either english or french in the parliament of canada and the legislature of quebec. The constitution act, 1867 electronic frontier canada. The british law that outlined the terms and structure of this union was known as the british north america act, and it provided canada with a workable political system for. Constitution of canada canadian constitution acts, 1867 to. Section 125 of the constitution act, 1867 wikipedia. It is set out in this consolidation as a separate act after the constitution act, 1867. British north america act, 1867which created the canadian federation and laid down its basic structures. Constitution act, 1867 of the governor general for the queen and for a secretary of state, of one year for. This act may be cited as the constitution act, 1867.
All articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the union, be admitted free into each of the other provinces. The senate shall, subject to the provisions of this act, consist number of of seventytwo members, who shall be styled senators. In 1982, the charter was enacted as part of canadas constitution along with a set of procedures. Whereas the provinces of canada, nova scotia, and new brunswick have expressed their desire to be federally united into one dominion. In the committees opinion, the french ver sion of the constitution of canada should, to the greatest possible extent, reflect canadian constitutional law at all. A recent decision from the new brunswick provincial court may have significant implications for canadas constitutional structure.
Sections 17 to 19 of the constitution act, 1982 restate the language rights set out in section 3 in respect of parliament and the courts established under the constitution act, 1867, and also guarantees those rights in respect of the legislature of new brunswick and the courts of that province. Schedule b to the canada act 1982 uk, 1982, c 11 canlii. The parts of the province of canada as it exists at the passing of this act. Canadas constituting instrument, originally called the. When canada was created, it was a selfgoverning british colony.
This act may be cited as the british north america act, 1867. 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 principal provisions concerning elections are now found in the parliament of canada act, canada elections act and dominion controverted elections act all three enacted by canada. Canada, and the act of the province of canada of the twentythird year of. Constitution act, 1867 wikipedia republished wiki 2. The british north america act, 1867, codified many constitutional rules for canada, but major changes to the constitution could only be made by the united kingdom parliament. There are three general methods by which a statute becomes entrenched in the constitution. This act may be cited as the british north america act. The constitutional distribution of legislative powers. The constitution act, 1867 the british north america act.
Sections 91 and 92 set out the division of powers between the federal and provincial governments. In relation to the constitution of the senate canada shall be representa deemed to consist of three divisions. That act and class 1 were repealed by the constitution act, 1982. Section 92 14 of the constitution act, 1867, also known as the administration of justice power, grants the provincial legislatures of canada the authority to legislate on. Constitution act, 1867 annotatedpart ix wikisource.
Consolidated with amendments an act for the union of canada, nova scotia, and new brunswick, and the government thereof. These documents set out sections 91, 92, 92a, and 121 of the canadian constitution. The constitution act, 1982 was enacted as schedule b to the canada act 1982, 1982, c. Queensland constitution act 1867 current as at 20 june 2002revised version reprint note powers under the reprints act 1992 have been used in this reprint to bring the legislation into line with current drafting practice. Section 9214 of the constitution act, 1867 wikipedia. Sections 17 to 19 of the constitution act, 1982 restate the language rights set out in section 3 in respect of parliament and the courts established under the constitution act, 1867, and also guarantee those rights in respect of the legislature of new brunswick and the courts of that province. Constitution du canada is the supreme law in canada. Constitution act of 1867 encyclopedia of canadian laws.