British North America Acts
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 and some 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 Some of the acts were repealed in Canada by the Constitution Act, 1982.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 having effect only in Canada. The Canadian versions of the Constitution Acts are part of the Constitution of Canada, and can be amended only in Canada.
The British versions of the acts which remain in force in Britain are ordinary British statutes. They can be amended by the British Parliament, but those amendments would not have any effect in Canada. They retain their original names and do not include any amendments made after 1964.
As used in these acts, the term "British North America" originally referred to the British colonies in North America which formed Confederation in 1867: the Province of Canada, Nova Scotia, and New Brunswick. The 1867 act also envisaged that specific other colonies might join Confederation in the future: British Columbia, Newfoundland, Prince Edward Island, Rupert's Land, and the North-Western Territory. Even after the creation of Canada in 1867, the subsequent acts listed in this article continued to use the term "British North America", but the term then applied only to Canada.
Constitutional changes
Canada dates its history as a country to the British North America Act, 1867, 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 the first one was established in Washington, D.C., in 1926. Until 1949, changes to the British North America Acts could be made only by the British Parliament. The British North America Act, 1949, gave the Parliament of Canada the power to make limited constitutional amendments, 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 enacted by the Parliament of the United Kingdom, while some of those dated after 1949 were passed by the Parliament of Canada. When Canada patriated its constitution with the passage of the Canada Act 1982, most of the British North America Acts were renamed as Constitution Acts in Canada, while a few of the acts were repealed as no longer having any relevance. The acts are collectively called the Constitution Acts, 1867 to 1982.
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.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 have not been enacted by the federal and provincial governments through the constitutional amending process 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 *, 1951*, 1952*, 1960, 1964, 1965, 1974, 1975 and 1975. Those marked with were repealed in Canada in 1982, but are still in force in Britain. Five of the British North America Acts were enacted by the Parliament of Canada; namely those of 1952, 1965, 1974, 1975, and 1975. The other fifteen were enacted by the Imperial Parliament in London.The first act, the British North America Act 1867, created the self-governing 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, adding the newer provinces of Manitoba, British Columbia, Saskatchewan, Alberta, and Newfoundland. Other topics include modifying the country's boundaries, transfer payments, temporary changes due to two world wars, federal-provincial powers, power over changes in the constitution, the creation of new social programs, and mandatory retirement ages in the Canadian government
British North America Act 1867
The British North America Act 1867, also known as the BNA Act, comprises a major part of the Constitution of Canada. 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 of Canada, the Senate, the justice system, and the taxation system. In 1982, this act was renamed the Constitution Act, 1867, with the patriation of the constitution. Amendments were also made at this time: section 92A was added, giving the provinces greater control over non-renewable natural resources.British North America Act 1871
The British North America Act 1871 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 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 the province of Ontario and the province of Quebec in order to include parts of these land acquisitions, specifically around Hudson Bay and James Bay. In 1982, this act was renamed the Constitution Act, 1871.British North America Act 1886
The British North America Act 1886 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
The British North America Act 1907 regulated transfer payments by the federal government to the smaller provinces to support their legislatures and governments. The funds transferred were set at between $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.British North America Act 1915
The British North America Act 1915 expanded the Senate of Canada 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 the Confederation – which it did in 1949. Finally, this act amended section 51 of the British North America Act 1867 to guarantee that no province would have fewer members of the House of Commons than of the senate. In 1982, this act was renamed the Constitution Act, 1915.British North America Act 1916
The British North America Act 1916 extended the duration of the 12th Canadian Parliament 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.British North America Act 1930
The British North America Act 1930 gave the newer provinces of British Columbia, Alberta, Manitoba, and Saskatchewan 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
The British North America Act 1940 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 Employment and Social Insurance Act during the Great Depression 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
The British North America Act 1943 delayed redistribution of seats in the Canadian House of Commons until the end of World War II. This Act was repealed in Canada in 1982 fore being obsolete.British North America Act 1946
The British North America Act 1946 adjusted the formula for distributing seats in the Canadian House of Commons among the provinces and territories. It was repealed in Canada in 1982, as having been superseded.British North America Act 1949
The British North America Act 1949 allowed for the entry of Newfoundland as Canada's 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 Act 1949 .
British North America (No. 2) Act 1949
The British North America Act 1949 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 .