. . Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof. Continuance of existing election laws until Parliament of Canada otherwise provides. 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 . Indicates the geographical area that this provision applies to. . Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice, or alone. It outlined the structure and operations of both levels of government. . This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Sign On My . 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. . Disallowance by Order in Council of Act assented to by Governor General. The Act united the three separate territories of Canada, Nova Scotia and New Brunswick into a single dominion called Canada. . Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote. Banking, Incorporation of Banks, and the Issue of Paper Money. . 9: British North America Act, 1886, 49-50 Vict., c. 35 (U.K.) Enactment no. . . 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. Provision in case of absence of Speaker. . 6. 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. . . 33. . . The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers. . . . . 42. . 55. 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. . Preliminary 1. Geographical Extent: . . . 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. It came into effect on 1 July 1867 . 10. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Muni-cipal Purposes. . 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. 63. . 17. The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. Questions as to qualifications and vacancies in Senate. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. Subjects: Ancient History Grades: K - 6th Types: Handouts, Printables, Worksheets Add to cart . The British North America Act made the federal government responsible for the First Nations or "Indians" as they were once called. Increase of number of House of Commons. The BNA Act set out the rules for the government of the new federal nation. . As to issue of proclamations before union, to commence after union. 1830 Nova Scotia was split into modern-day Nova Scotia and New Brunswick in 1784. . . . . The Supreme Court of Canada first addressed the relationship between section 91 (24) and section 35 (1) in the 1990 decision of R. v. Sparrow. . 93. . Union 3. 144. Marginal note:Disqualification of Senators. . . First session of the Parliament of Canada. . 49. 36. . Restriction on election of holders of offices. . An Entry of every such Speech, Message, or Proclamation shall be made in the Journal of each House, and a Duplicate thereof duly attested shall be delivered to the proper Officer to be kept among the Records of Canada. The Presence of at least Twenty Members of the House of Commons shall be necessary to constitute a Meeting of the House for the Exercise of its Powers; and for that Purpose the Speaker shall be reckoned as a Member. . The British North America Acts 1867-1975 are a series . Appointment of Speaker of Senate. . Other formats: Click here to view the original document (PDF). Revised legislation carried on this site may not be fully up to date. 3 C2 The Act is not necessarily in the form in which it is in force in Canada. . . 32. Beacons, Buoys, Lighthouses, and Sable Island. . The Parliament of Canada shall be called together not later than Six Months after the Union. 18.. . 43. . . Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Local Works and Undertakings other than such as are of the following Classes,--. Decennial readjustment of representation. . . . Legislation for uniformity of laws in the three provinces. Canals, with lands and water power connected therewith. Until the Queen otherwise directs the Seat of Government of Canada shall be Ottawa. . 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. 45. . 118.. . Short Title 2. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Application of Provisions Referring to the Queen II. 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. . . It offers a vague and broad definition of the Canadian Parliament 's lawmaking authority over provincial matters. 80. 51. . Electoral Districts of Quebec specially fixed, Provincial Public Works and Property to be the Property of Canada. . Application of provisions referring to Lieutenant Governor. . It established a British style parliament with an elected House of Commons and an appointed Senate and set out the division of powers between the federal government and provincial governments. 139. . Concurrent powers of legislation respecting agriculture, &c. Payment of interest to Nova Scotia and New Brunswick. Quebec shall be divided into Sixty-five Electoral Districts, composed of the Sixty-five Electoral Divisions into which Lower Canada is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy-five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third Year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the Purposes of this Act an Electoral District entitled to return One Member. . 25. Command of armed forces to continue to be vested in the Queen. . Continuance of existing election laws. Appointment of executive officers for Ontario and Quebec. The House of Commons shall, subject to the Provisions of this Act, consist of One hundred and eighty-one Members, of whom Eighty-two shall be elected for Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New Brunswick. . The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen's Privy Council for Canada. 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. . World Encyclopedia 21. 36. . Command of armed forces to continue to be vested in the Queen. Marginal note:Provinces of Ontario and Quebec. 41. . 25.. . . Although the act has been amended several . 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: I. 1.Canals, with lands and water power connected therewith. The BNA Act was signed by Queen Victoria on March 29, 1867, and came into effect on July 1, 1867. It is now referred to as the Constitution Act, 1867, as it is the basis of the country's constitution. 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. It shall be lawful for the Queen, by and with the Advice of Her Majesty's 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 Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly. The Act is the foundational document of Canada's Constitution. Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice, or alone. Constitutional Law: Definition and Function, The House of Commons in Canada's Parliament, Requirements to Become President of the United States. . This Act may be cited as The British North America Act, 1867. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters. . . He shall be resident in the Province for which he is appointed: (6.) 95. . The Maritime Provinces, Nova Scotia and New Brunswick; which Three Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick. . There are currently no known outstanding effects for the British North America Act 1867, Section 35. 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. 8. It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. . Marginal note:Provision in case of Absence of Speaker. A Bill reserved for the Signification of the Queen's Pleasure shall not have any Force unless and until within Two Years from the Day on which it was presented to the Governor General for the Queen's Assent, the Governor General signifies, by Speech or Message to each of the Houses of the Parliament or by Proclamation, that it has received the Assent of the Queen in Council. Canada to be liable to provincial debts. Legislation for uniformity of laws in the three provinces. 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 Executive Government of Nova Scotia and New Brunswick. 35 Quorum of Senate. . The Speaker shall preside at all Meetings of the House of Commons. . Changes we have not yet applied to the text, can be found in the Changes to Legislation area. . Contents The first date in the timeline will usually be the earliest date when the provision came into force. . . In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 12. Until the Parliament of Canada otherwise provides, the. 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. Legislative Authority of Parliament of Canada, Subjects of exclusive Provincial Legislation, Legislation for Uniformity of Laws in three Provinces. The Solemnization of Marriage in the Province. . 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. . 14. Tenure of office of Lieutenant Governor. 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. . Use this menu to access essential accompanying documents and information for this legislation item. . . 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.) Changes we have not yet applied to the text, can be found in the Changes to Legislation area. . 51A.Notwithstanding anything in this Act, a province shall always be 52. . 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. Signification of Queens pleasure on Bill reserved. . . The BNA Act was signed by Queen Victoria on March 29, 1867, and came into effect on July 1, 1867. Marginal note:Construction of subsequent Provisions of Act. (1.) The British North America Act (BNA Act). British North America Act, 1867, 30-31 Vict., c. 3 (U.K.) (1) Section 1 is repealed and the following substituted therefor: "1 This Act may be cited as the Constitution Act, 1867." (2) Section 20 is repealed. There shall be assigned to each of the other Provinces such a Number of Members as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained): (3.) We've updated our Privacy Policy, which will go in to effect on September 1, 2022. 34. . 54. . . First session of the Parliament of Canada. . . Continuance of existing laws, courts, officers, &c. 133. Qualification of legislative councillors. (3) Class 1 of section 91 is repealed. . 12. . . 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. . . . . No versions before this date are available. . 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. . Until the Parliament of Canada otherwise provides, the Presence of at least Fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the Exercise of its Powers. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: . British possessions in North America ca. . . 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. . Indians, and Lands reserved for the Indians. Since the first act forming the Dominion of Canada in 1867, 19 other acts were passed, until some of them were amended or repealed by the Constitution Act, 1982. Marginal note:Summons of First Body of Senators. 46. . Munroe, Susan. Marginal note:Command of Armed Forces to continue to be vested in the Queen. 23. The borrowing of Money on the Public Credit. . 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. . The amendment from time to time of the Constitution of Canada, except as regards matters coming within the . . british north america act, also called constitution act, 1867, the act of parliament of the united kingdom by which in 1867 three british colonies in north americanova scotia, new brunswick, and canada were united as "one dominion under the name of canada" and by which provision was made that the other colonies and territories of british north . The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly. See how this legislation has or could change over time. . The raising of Money by any Mode or System of Taxation. 17. "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 ). Exclusive Powers of Provincial Legislatures. Marginal note:Declaration of Executive Power in the Queen. . 81.. . 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. Munroe, Susan. https://www.thoughtco.com/british-north-america-act-bna-act-510086 (accessed November 14, 2022). . Marginal note:Signification of Queen's Pleasure on Bill reserved. Turning this feature on will show extra navigation options to go to these specific points in time. Constitution of House of Commons. The Quebec Act 1774 , formally known as the British North America Act 1774, was an Act of Parliament of the Parliament of . Munroe, Susan. 146. (FORMERLY THE BRITISH NORTH AMERICA ACT, 1867) Click on a section to view documents relating to its drafting. . British North America Act, 1940: Constitution Act, 1940: 1943: . ThoughtCo. . . The Number of Members of the House of Commons may be from Time to Time increased by the Parliament of Canada, provided the proportionate Representation of the Provinces prescribed by this Act is not thereby disturbed. On the Completion of the Census in the Year One thousand eight hundred and seventy-one, and of each subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and according to the following Rules:--, Marginal note:Increase of Number of House of Commons. . 2. . . Appointment of Lieutenant Governors of provinces. . Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote. 111. Application to Legislatures of provisions respecting money votes, &c. 91. . It solidified Canada West (Ontario), Canada East (Quebec), Nova Scotia and New Brunswick as the four provinces of the confederation. . . Document Information Date: 1951-05-31 By: George VI Citation: British North America Act, 1951 (UK), 14-15 Geo VI, c 32, reprinted in RSC 1985, App II, No. 66. . Susan Munroe is a public affairs and communications professional based in Canada. B.A., Political Science, Carleton University. . . Section 35 of the Constitution Act, 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. Subjects of exclusive provincial legislation. . 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