Constitution Act, 1867
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867),[1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. 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. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.[1]
"BNA Act" redirects here, for the amendments to this act after 1867, see BNA ActsLong title
An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof; and for Purposes connected therewith.
30 & 31 Vict. c. 3
29 March 1867
1 July 1867
The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government Thereof; and for Purposes Connected Therewith."
Part III: Executive Power[edit]
Section 9 confirms that all executive authority "of and over Canada is hereby declared to continue and be vested in the Queen". In section 10, the Governor General or an administrator of the government, is designated as "carrying on the Government of Canada on behalf and in the Name of the Queen". Section 11 creates the King's Privy Council for Canada. Section 12 states that the statutory powers of the executives of the former provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, and New Brunswick continue to exist, until modified by subsequent legislation. To the extent those pre-Confederation statutory powers now came within provincial jurisdiction, they could be exercised by the lieutenant governors of the provinces, either alone or by the advice of the provincial executive councils. To the extent the pre-Confederation statutory powers now came within federal jurisdiction, they could be exercised by the Governor General, either with the advice of the Privy Council or alone. Section 13 defines the Governor General in Council as the governor general acting with the advice of the Privy Council. Section 14 allows the Governor General to appoint deputies to exercise their powers in various parts of Canada. The Commander-in-Chief of all armed forces in Canada continues to be vested in the King under Section 15. Section 16 declares Ottawa to be the seat of government for Canada.
Part IX: Miscellaneous[edit]
Section 132 gives the federal Parliament the legislative power to implement treaties entered to by the British government on behalf of the Empire. With the acquisition of full sovereignty by Canada, this provision has limited effect.
Section 133 establishes English and French as the official languages of the Parliament of Canada and the Legislature of Quebec. Either language can be used in the federal Parliament and the National Assembly of Quebec. All federal and Quebec laws must be enacted in both languages, and both language versions have equal authority.
Canada Day[edit]
The anniversary of the act's entry into force and creation of the Dominion of Canada on 1 July 1867 is observed annually as Canada Day (known as Dominion Day prior to 1982) and is celebrated as Canada's national holiday.