Constitution Act, 1867 facts for kids

Quick facts for kids
British North America Act 1867

Act of Parliament
Parliament of the United Kingdom
Long title	An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof; and for Purposes connected therewith.
Citation	30 & 31 Vict c. 3
Dates
Royal assent	29 March 1867
Commencement	1 July 1867
Other legislation
Relates to	Canada Act 1982
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Constitution Act, 1867 (French: Loi constitutionnelle de 1867) is a very important part of Canada's laws. It was first called the British North America Act, 1867 (or BNA Act). This act created Canada as a federal country. It explains how the Government of Canada works. This includes how power is shared between the federal and provincial governments. It also set up the House of Commons, the Senate, and the justice system. In 1982, the Constitution became fully Canadian. At that time, the act was renamed. But in the United Kingdom, it is still known by its original name. Some changes were also made in 1982. For example, provinces got more control over their natural resources.

History of Canada's Constitution

The Constitution Act, 1867 is a key part of how Canada became a country. It brought together several British colonies in North America. This big step is known as Canadian Confederation.

What the Act Says: The Beginning

Front page of a copy of the act from 1867

The act starts with an introduction called a preamble. It says that New Brunswick, Nova Scotia, and the old Province of Canada wanted to join. They wanted to form "one Dominion" like the United Kingdom. This part has been important for understanding Canada's laws. For example, it helped show that judicial independence is a key part of Canada's system. This means judges must be fair and not influenced by others.

The first part of the act has one main section. Section 1 gives the act its official short name: Constitution Act, 1867.

Part II: How Canada United

This part of the act created the country of Canada. It joined the British colonies of Canada, New Brunswick, and Nova Scotia. Section 3 said the union would happen within six months. Section 4 confirmed "Canada" as the country's name.

Section 5 lists the first four provinces of the new country. The old Province of Canada was split into two new provinces. These were Ontario (from Canada West) and Quebec (from Canada East). Section 7 confirmed that Nova Scotia and New Brunswick kept their old borders. Section 8 said that a national census (counting of people) must happen every ten years.

Part III: Who Runs the Government

This part talks about the executive power, which is about running the government.

• Section 9 says that the power to govern Canada belongs to the Queen (or King).
• Section 10 says the Governor General acts for the Queen in Canada.
• Section 11 created the Queen's Privy Council for Canada. This is a group of advisors to the Governor General.
• Section 16 declared Ottawa to be the capital city of Canada.

Part IV: How Laws Are Made

The Parliament of Canada is where federal laws are made. It includes the King and two groups: the House of Commons of Canada and the Senate of Canada. This was set up by Section 17.

The Senate: Canada's Upper House

The Senate has 105 members called senators. They represent different regions of Canada. Section 23 explains what is needed to become a senator. Senators are chosen by the Governor General. They serve until they are 75 years old. The Speaker of the Senate leads the Senate meetings.

The House of Commons: Elected Representatives

The House of Commons has members elected by the people. These are called Members of Parliament (MPs). Section 37 lists how many MPs each province has. The Governor General calls the House to meet. MPs are elected from different areas called electoral districts. The House chooses its own Speaker to lead meetings. The maximum time between elections for the House is five years.

Money Laws and Royal Approval

Laws about taxes or spending money (called "money bills") must start in the House of Commons. They must also be suggested by the government. After both the House and Senate approve a bill, the Governor General gives it royal assent. This means the bill becomes a law.

Part V: Provincial Governments

This part of the act explains how provincial governments work.

Provincial Executive Power

Each province has a Lieutenant Governor. They act for the Governor General in the province. They are chosen by the Governor General. Each province also has an executive council. This group advises the Lieutenant Governor.

Provincial Legislative Power

Ontario and Quebec

Section 69 set up the Legislature of Ontario. It includes the Lieutenant Governor and the Legislative Assembly of Ontario. Section 71 set up the Parliament of Quebec. It included the Lieutenant Governor, the Legislative Assembly of Quebec, and a Legislative Council (which no longer exists). These legislatures are called to meet by the Lieutenant Governors. They must meet at least once a year.

Nova Scotia and New Brunswick

Section 88 simply said that the governments of Nova Scotia and New Brunswick would continue as they were before Canada was formed.

Other Provincial Rules

Section 90 says that rules about money laws and royal approval for federal laws also apply to provincial laws. But for provinces, the Governor General acts instead of the Queen.

Part VI: Sharing of Powers

This part is very important. It explains how government powers are divided between the federal government and the provinces. Section 91 lists what the federal government can make laws about. Section 92 lists what the provinces can make laws about.

Peace, Order, and Good Government

Section 91 gives the federal Parliament the power to make laws for "the peace, order, and good government of Canada." This means the federal government can make laws on things not given only to the provinces.

First Nations, Inuit, and Métis

Section 91(24) says the federal government is responsible for "Indians and lands reserved for the Indians." This means the federal government makes laws for First Nations people and their lands.

Property and Civil Rights

Section 92(13) gives provinces the power to make laws about "property and civil rights in the province." This includes many things like rules for businesses, workers, and protecting consumers.

Marriage and Divorce

Section 91(26) gives the federal government power over divorce and marriage. But provinces can make laws about how marriages are performed.

Important Projects

Section 92(10) allows the federal government to declare certain "works or undertakings" (like railways or pipelines) to be important for the whole country. This moves them from provincial to federal control.

Education

Section 93 gives provinces power over education. However, there are rules to protect the rights of religious minorities. This was important because of disagreements between Protestants and Catholics about schools in 1867.

Old Age Pensions

Section 94A says that both the federal and provincial governments can make laws about old age pensions. If there is a conflict, the provincial law usually wins.

Agriculture and Immigration

Section 95 says that both the federal and provincial governments can make laws about agriculture and immigration. If there is a conflict, the federal law usually wins.

Part VII: The Justice System

This part explains how the court system in Canada is set up. Both the federal and provincial governments have a role.

Federal Courts

Section 101 gives Parliament the power to create a "general court of appeal for Canada." This is how the Supreme Court of Canada was created. Parliament can also create other federal courts. Examples include the Federal Court and the Tax Court of Canada.

Provincial Courts

Section 92(14) gives provinces the power to set up and run their own courts. This includes superior courts and other local courts.

Judges for Superior Courts

Section 96 says the federal government appoints judges for the superior courts in each province. Even though provinces pay for these courts and set their rules, the federal government chooses and pays the judges. These "section 96 courts" are very important. They are seen as the main courts in the justice system.

Part VIII: Money and Taxes

This part talks about how the federal and provincial governments handle money.

• It says the federal government is responsible for the debts of the provinces.
• It set up the idea of the federal government helping provinces with money.
• Section 121 stops provinces from charging taxes on goods moving between them. This helps trade across Canada.
• Section 125 stops one level of government from taxing the land or property of the other.

Part IX: Other Important Rules

Section 133 is very important for language rights. It says that English and French are the official languages for the federal Parliament and the Legislature of Quebec. Both languages can be used in these places. All federal and Quebec laws must be written in both English and French. Both versions have the same legal power.

Part X: Adding New Provinces

Section 146 allows the federal government to welcome new provinces into Canada. This can happen without needing permission from the provinces already in the country.

Basic Rights in the Act

The Constitution Act, 1867 does not have a long list of rights like the later Canadian Charter of Rights and Freedoms. However, it does include some basic rights:

• The House of Commons of Canada can only last for a maximum of five years before an election (Section 50).
• Seats in the House of Commons are adjusted after each census to ensure fair representation (Sections 51 and 52).
• Parliament and provincial legislatures must meet at least once a year (86).
• Section 93 protects the right to separate schools for Protestant or Catholic minorities.
• Section 99 says judges can serve as long as they behave well.
• Section 121 stops customs duties between provinces.
• Section 125 protects governments from most taxes on their property.
• Section 133 allows for English and French in federal and Quebec governments.

Many of these rights were later included or expanded in the Canadian Charter of Rights and Freedoms in 1982.

Canada Day

The day the Constitution Act, 1867 officially started, July 1, 1867, is celebrated every year. This day is called Canada Day. It is Canada's national holiday.