As to election of Speaker of House of Commons. Use of English and French languages. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. . Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. Command of armed forces to continue to be vested in the Queen. . 33. . Application of provisions referring to Governor General in Council. . . Legislative Authority of Parliament of Canada, Subjects of exclusive Provincial Legislation, Legislation for Uniformity of Laws in three Provinces. 88. . As to representation of Newfoundland and Prince Edward Island in Senate. . . . Indicates the geographical area that this provision applies to. 28. . . B.N.A. Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty's Royal Sign Manual thinks fit to approve, and their Names shall be inserted in the Queen's Proclamation of Union. 8: Order of Her Majesty in Council admitting all British possessions and Territories in North America and islands adjacent thereto into the Union, dated the 31st day of July, 1880 Enactment no. Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely,--the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution,--shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces. The Qualifications of a Senator shall be as follows: 24. It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purpose mentioned in this Act or in the [34 & 35 Vict. . British North America Act, 1949 1. It outlined the structure and operations of both levels of government. . Marginal note:Provision in case of Absence of Speaker. . . . Application to Legislatures of provisions respecting money votes, &c. Legislative authority of Parliament of Canada. . It outlines the structure of government in Canada . A Consolidation of the British North America Acts 1867 to 1960 by Driedger, Elmer and a great selection of related books, art and collectibles available now at AbeBooks.com. PRELIMINARY (1-2) 1. . There are currently no known outstanding effects for the British North America Act 1867. Marginal note:Signification of Queen's Pleasure on Bill reserved. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. 45. For enquiries, please contact us. Appointment of Speaker of Senate. 83. 1867, has the same meaning as is assigned to the word "province" by section 35 of the Interpretation Act, R.S.C. 27. (FORMERLY THE BRITISH NORTH AMERICA ACT, 1867) Click on a section to view documents relating to its drafting. . 54. . Senators not to sit in House of Commons. . . 22. 1.Canals, with lands and water power connected therewith. 6. . . 30. The Provisions of this Act referring to her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. . The BNA Act set out the rules for the government of the new federal nation. . 44. . . (1.) Questions as to qualifications and vacancies in Senate. The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen's Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act. . The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to elect One of its Members to be Speaker. . 89.. . It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function. . Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Turning this feature on will show extra navigation options to go to these specific points in time. . Application of provisions referring to the Queen 2 The provisions of this Act referring to Her Majesty the Queen extend also to the heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. It resulted from a series of conferences and provided a constitution similar to that of Britain. The part of Quebec retained after 1783 was split into the primarily French-speaking Lower Canada and the primarily English-speaking Upper Canada in 1791. . . . . Four Provinces 6. 36. . . . Marginal note:Declaration of Executive Power in the Queen. . Until the Queen otherwise directs the Seat of Government of Canada shall be Ottawa. All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. As to election of Speaker of House of Commons. Militia, Military and Naval Service, and Defence. . 4. Constitutional Law: Definition and Function, The House of Commons in Canada's Parliament, Requirements to Become President of the United States. 12. British North America Act, 1867), together with amendments made to it since its en-actment, and the text of the Constitution Act, 1982, as amended since its enactment. . The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section. For further information see the Editorial Practice Guide and Glossary under Help. In Canada, some of the Acts were repealed in Canada by the Constitution Act, 1982. 34. 53. 20. See how this legislation has or could change over time. The British North America Acts 1867-1975 are a series of Acts of Parliament that were at the core of the constitution of Canada. [ Archive | Home] . . The Parliament of Canada shall be called together not later than Six Months after the Union. . . Concurrent powers of legislation respecting agriculture, &c. Payment of interest to Nova Scotia and New Brunswick. Continuance of existing election laws. . . . The Constitution Act, 1867 was originally known as the British North America Act ( BNA Act ). The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. . Contents . . 40. . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. . . Marginal note:Application of Provisions referring to Governor General in Council. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the Purposes of the Election of Members to serve in the House of Commons, be divided into Electoral Districts as follows: Ontario shall be divided into the Counties, Ridings of Counties, Cities, Parts of Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral District, each such District as numbered in that Schedule being entitled to return One Member. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts. Application of Provisions Referring to the Queen II. (3) Class 1 of section 91 is repealed. . Final Report of the French Constitutional Drafting Committee responsible for providing the Minister of Justice of Canada with a draft official French version of certain constitution enactments. . . The written text of the division of powers in the BNA Act can be misleading, however, as case law plays a significant part in the division of powers between governments in Canada. Marginal note:Duration of House of Commons. . 32. Provinces of Nova Scotia and New Brunswick. . . . . Daniels' Work to Protect Mtis Rights Canada's Indigenous peoples had the acknowledgment of their Aboriginal rights at different times. It is now referred to as the Constitution Act, 1867, as it is the basis of the country's constitution. The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act. . . He shall be either a Natural-born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union: (3.) The Constitution Act, 1867 (formerly British North America Act, 1867) Consolidated. "Peace, order and good government" is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867 ). Interest of provincial public debts. The Act united the three separate territories of Canada, Nova Scotia and New Brunswick into a single dominion called Canada. Power to Her Majesty to authorise Governor General to appoint deputies. . 94A. . . 46. . Constitutions of Legislatures of Nova Scotia and New Brunswick. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. Questions arising in the Senate shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province. As to issue of proclamations before union, to commence after union. Residual British powers were surrendered in the Canada Act of 1982, when the act was renamed the Constitution Act. Canada to be liable to provincial debts. . 37. . Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. If he is attainted of Treason or convicted of Felony or of any infamous Crime: (5.) The amendment from time to time of the Constitution of Canada, except as regards matters coming within the . 47. . . Until 1949, only the British Parliament could make amendments to the acts, but Canada assumedfull control over its constitution with the passage of the Canada Act in 1982. . It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed. Subjects of exclusive provincial legislation. An Act to include unemployment insurance among the classes of subjects enumerated in section ninety-one of the British North America Act, 1867. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of Lieutenant Governor. Command of armed forces to continue to be vested in the Queen. 4. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: . Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 19. ThoughtCo, Aug. 27, 2020, thoughtco.com/british-north-america-act-bna-act-510086. This placement of this section in the Act is significant because it means that . Administration in absence, &c. of Lieutenant Governor. Sign On My . . The British North America Acts 1867-1975 are a series . . 52. Marginal note:Summons of First Body of Senators. 63. 3. . The British North America Act was an a ct of the British Parliament th at created a new federal state: the Dominion of Canada. Application of provisions referring to Lieutenant Governor in Council. Marginal note:Application of Provisions referring to the Queen. The Incorporation of Companies with Provincial Objects. Column I Column II Column III; Item Act Affected Amendment New Name; 1. Marginal note:Recommendation of Money Votes. . . Reduction of Senate to normal number. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. Please see Frequently Asked Questions for details regarding the timescales for which new effects are identified and recorded on this site. The Parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. . Until the Parliament of Canada otherwise provides, the. . . ( 29th March 1867) Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United . . We've updated our Privacy Policy, which will go in to effect on September 1, 2022. . All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec: (3.) . 6.Railways and railway stocks, mortgages, and other debts due by 8.Custom houses, post offices, and all other public buildings, except 9.Property transferred by the Imperial Government, and known as Ordnance 10.Armouries, drill sheds, military clothing, and munitions of war, and Assets to be the Property of Ontario and Quebec conjointly. Constitution of Legislative Assembly of Quebec. In other words, the federal government cannot override Aboriginal rights. The Constitution Act, 1867 is the constitutional statute which established Canada. . Electoral districts of the four provinces. . . World Encyclopedia Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom: And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire: And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared: And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America: Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated, that is to say. (1.) . Yearly session of the Parliament of Canada. The Governor General may from Time to Time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his Stead. Marginal note:All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone. Application of provisions referring to Lieutenant Governor in Council. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator. . . Marginal note:Application of Provisions referring to Governor General. . Marginal note:As to filling up Vacancy in Office of Speaker. The fight for Section 35 47. Addition of senators in certain cases. . . . 94. Concurrent Powers of Legislation respecting Agriculture, &c. Final Report of the French Constitutional Drafting Committee responsible for providing the Minister of Justice of Canada with a draft official French version of certain constitution enactments. 7. 129. No versions before this date are available. No changes have been applied to the text. Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons. . Restriction on election of holders of offices. Application of provisions referring to Lieutenant Governor. Exportation and importation as between two provinces. . . 41. 12. . First session of the Parliament of Canada. Construction of subsequent provisions of Act. . Constitutions of Legislatures of Nova Scotia and New Brunswick. . (1.) . . 14. Powers, duties, &c. of executive officers. . In 1867, the federal government only recognized "Status" First Nations as being under its jurisdiction. Schedule: Terms of Union of Newfoundland with Canada Memorandum of Agreement Entered Into on the Eleventh Day of December, 1948, Between Canada and Newfoundland TERMS OF UNION Union . There are currently no known outstanding effects for the British North America Act 1867, Section 35. 1. Retrieved from https://www.thoughtco.com/british-north-america-act-bna-act-510086. . . It solidified Canada West (Ontario), Canada East (Quebec), Nova Scotia and New Brunswick as the four provinces of the confederation. . . It offers a vague and broad definition of the Canadian Parliament 's lawmaking authority over provincial matters. 2. . Skip to main content. For enquiries, please contact us. . . . An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith. . 55. . Legislation for uniformity of laws in the three provinces. British North America Act, British North America Act, 1867 1867 Ordinary Act of UK Parliament Ordinary Act of UK Parliament Defined institutions of government, Defined institutions of government, e.g., Senate, Governor General, House e.g., Senate, Governor General, House of Commons, Provincial Legislatures of Commons, Provincial Legislatures Distribution of powers and Distribution of powers . . He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in Free and Common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same: (4.) Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice, or alone. . Application to Legislatures of provisions respecting money votes, &c. 91. . . The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers. . All powers under Acts to be exercised by Governor General with advice of Privy Council, or alone. 139. . Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice, or alone. . . Electoral districts of the four provinces. For the First Election of Members to serve in the House of Commons the Governor General shall cause Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit. Marginal note:Representation of Provinces in Senate. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. 67. 39. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 13. . Enactment no. If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter: (4.) Executive Government of Nova Scotia and New Brunswick. Where a Bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty's Instructions, either that he assents thereto in the Queen's Name, or that he withholds the Queen's Assent, or that he reserves the Bill for the Signification of the Queen's Pleasure. . . 41. His Real and Personal Property shall be together worth Four thousand Dollars over and above his Debts and Liabilities: (5.) 39. . Geographical Extent: At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. There shall be One Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons. Continuance of Customs and Excise laws. Access essential accompanying documents and information for this legislation item from this tab. . Generally all Matters of a merely local or private Nature in the Province. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen. You are upset because your local hospital is closing down. Constitution of Legislative Assembly of Quebec. . 37. . Application of provisions referring to Governor General. 10: Canada (Ontario Boundary) Act, 1889, 52-53 Vict., c. 28 (U.K.) . (A specific Charter of Rights and Freedoms Canada;Charter of Rights and Freedoms was, however, approved by the Canadian parliament in 1982. In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such Vacant District. 9: British North America Act, 1886, 49-50 Vict., c. 35 (U.K.) Enactment no. 145.. . The borrowing of Money on the sole Credit of the Province. The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated. Notwithstanding anything in this Act, a province shall always be Disallowance by Order in Council of Act assented to by Governor General. . Marginal note:Appropriation and tax Bills. Disallowance by Order in Council of Act assented to by Governor General. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. Appointment of executive officers for Ontario and Quebec. When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy. Every House of Commons shall continue for Five Years from the Day of the Return of the Writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer. 17. Section 35 of the Constitution Act, 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. . . 93. https://www.thoughtco.com/british-north-america-act-bna-act-510086 (accessed November 14, 2022). For more information see the EUR-Lex public statement on re-use. 25.. . . Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Application of provisions referring to Governor General in Council. . Marginal note:Electoral Districts of the Four Provinces. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. Legislation for uniformity of laws in the three provinces. Also in 1982, the BNA Act was renamed the Constitution Act, 1867. No changes have been applied to the text. Section 55 of the Constitution Act, 1982 provides that a "French version of the . . . In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 56. The British North America Acts . Legislative authority of Parliament of Canada. . . 92. 30 & 31 Victoria, c. 3 (U.K.) An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith. British North America Act 1774. 111. Power to admit Newfoundland, &c. into the union. c. 3 Section ninety-one of the British North America Act, 1867 is hereby amended by renumbering Class 1 thereof as Class 1A and by inserting therein immediately before that Class the following as Class 1: -- "1. . . . Different options to open legislation in order to view more content on screen at once. . . Custom houses, post offices, and all other public buildings, except Property transferred by the Imperial Government, and known as Ordnance Armouries, drill sheds, military clothing, and munitions of war, and the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources.

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