Constitution Act, 1871
The Constitution Act, 1871, is an act of the Parliament of the United Kingdom that forms part of the Constitution of Canada. It was originally known as the British North America Act 1871, but it was renamed by the Constitution Act, 1982.
Parliament's powers in relation to the territories
Section 4 provides that the Parliament of Canada "may from time to time make provision for the administration, peace, order and good government of any territory not for the time being included in any Province". There are currently three territories which are part of Canada, but which are not part of any province: the Northwest Territories, Nunavut and Yukon.Establishment of new provinces
Section 2 has likely been replaced by paragraph 42 of the Constitution Act, 1982, which provides that an amendment to the Constitution of Canada under the general amending procedure is required to establish a new province "notwithstanding any existing law or practice". Parliament used section 2 to establish Alberta and Saskatchewan in 1905.Section 5 retroactively validates the Manitoba Act, 1870.
Alteration of provincial boundaries
Section 3 provides that the Parliament of Canada "may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed upon to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby".Section 3 may have been replaced by paragraph 43 of the Constitution Act, 1982.