British North America Acts facts for kids

The British North America Acts, 1867–1975 were a group of important laws that formed the main part of Canada's rulebook, called its Constitution. Most of these laws were made by the British Parliament in the United Kingdom. Some were made by the Canadian Parliament.

In Canada, some of these laws were later cancelled, or repealed, by a new law called the Constitution Act, 1982. The other laws were renamed "Constitution Acts" and changed, but these changes only applied in Canada. The Canadian versions of these Constitution Acts are now the official Constitution of Canada. Only Canada can change them.

The original British versions of these laws are still active in Britain. The British Parliament can change them, but those changes won't affect Canada. They still have their old names and don't include any changes Canada made after 1982. The term "British North America" (BNA) refers to the British colonies in North America after 1783.

How Canada's Laws Changed Over Time

Canada officially became a country on July 1, 1867, with the British North America Act, 1867. But Canada wasn't fully independent yet. The United Kingdom still controlled Canada's laws and its dealings with other countries. Canada didn't even have its own embassy (a place where a country's representatives work in another country) until 1926 in Washington, D.C..

Until 1949, only the British Parliament could change the British North America Acts. In 1949, a new law, the British North America (No. 2) Act, gave Canada some power to change its own Constitution. But Canada didn't get full control until the Canada Act 1982 was passed. This long wait happened because the provinces, especially Quebec, couldn't agree on how to change the Constitution.

Because of this, most British North America Acts before 1949 were passed by Britain. After 1949, some were passed by Canada. When Canada took full control of its Constitution in 1982, this was called patriating the Constitution. Most of the British North America Acts were renamed "Constitution Acts" in Canada. A few were cancelled because they were no longer needed. Together, these laws are now called the Constitution Acts 1867 to 1982.

French Versions of the Laws

The 15 BNA Acts passed by the British Parliament only have an official English version. There is no official French version for them. However, the five BNA Acts passed by the Canadian Parliament have official French versions. Both the English and French versions are equally valid, just like all other laws made by the Canadian Parliament.

A group called the French Constitutional Drafting Committee translated all the British North America Acts. But these translations were never made official by the governments.

Important Laws in the Series

The different Acts in this series are known by the year they were passed. BNA Acts were passed in many years, from 1867 to 1975. Some of these, marked with a star (*), were cancelled in Canada in 1982 but are still active in Britain.

Five of these Acts were passed by the Canadian Parliament: those from 1952, 1965, 1974, 1975, and 1975 (No. 2). The other 15 were passed by the British Parliament in London.

The first Act, the British North America Act, 1867, created Canada as a self-governing country. The other Acts dealt with various things. Many changed how many members were in Parliament or the Senate of Canada as Canada grew. They also added new provinces like Manitoba, British Columbia, Saskatchewan, Alberta, and Newfoundland. Other topics included changing Canada's borders, money transfers to provinces, temporary changes during world wars, and rules about pensions.

British North America Act, 1867

The British North America Act, 1867, is a very important part of Canada's Constitution. This law created Canada as a federal country. It set up how the Government of Canada would work. This included its federal structure, the House of Commons of Canada, the Senate, the justice system, and the taxation system.

In 1982, when Canada took full control of its Constitution, this Act was renamed the Constitution Act, 1867. Some changes were also made at this time. For example, a new section was added that gave the provinces more control over their natural resources.

British North America Act, 1871

This Act gave Canada the power to create new provinces and territories. It also allowed Canada to change provincial borders if the affected province agreed. This law officially recognized the creation of Manitoba. It also included Rupert's Land and the Northwest Territories into Canada.

The Act also allowed the Canadian Parliament and the governments of Ontario and Quebec to redraw their borders. This was to include parts of the newly acquired lands, especially around Hudson Bay and James Bay. In 1982, this Act was renamed the Constitution Act, 1871.

British North America Act, 1886

This law gave the Canadian Parliament the power to allow the territories to have representatives in the Canadian Senate and the Canadian House of Commons. In 1982, this Act was renamed the Constitution Act, 1886.

British North America Act, 1907

Quick facts for kids British North America Act 1907
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to make further provision with respect to the sums to be paid by Canada to the several provinces of the Dominion
Citation	7 Edw. 7. c. 11
Territorial extent	Canada
Dates
Royal assent	9 August 1907
Status: Current legislation

This Act set rules for how the federal government would send money to the smaller provinces. This money helped support their governments. The amounts were based on the province's population. British Columbia also received extra money for ten years. In 1982, this Act was renamed the Constitution Act, 1907.

British North America Act, 1915

British North America Act 1915
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the British North America Act, 1867.
Citation	5 & 6 Geo. 5. c. 45
Territorial extent	Canada
Dates
Royal assent	19 May 1915
Other legislation
Amends	British North America Act 1867
Status: Current legislation
Text of statute as originally enacted
Text of the British North America Act 1915 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act made the Canadian Senate bigger. It gave the Western Canadian provinces 24 senators. This was the same number given to Ontario, Quebec, and the Maritime Provinces. This Act also promised Newfoundland six senators if it ever joined Canada, which it did in 1949. Finally, this law made sure no province would have fewer members in the House of Commons than in the Senate. In 1982, this Act was renamed the Constitution Act, 1915.

British North America Act, 1916

British North America Act 1916
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the British North America Act, 1867.
Citation	6 & 7 Geo. 5. c. 19
Dates
Royal assent	1 June 1916
Repealed	1927
Other legislation
Amends	British North America Act 1867
Repealed by	Statute Law Revision Act, 1927
Status: Repealed

This Act allowed the 12th Canadian Parliament to last longer, until October 1917. This was beyond its usual five-year limit. This extension was needed because of World War I. This Act was later cancelled in 1927.

British North America Act, 1930

British North America Act 1930
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to confirm and give effect to certain agreements entered into between the Government of the Dominion of Canada and the Governments of the Provinces of Manitoba, British Columbia, Alberta and Saskatchewan respectively
Citation	20 & 21 Geo. 5. c. 26
Territorial extent	Canada
Dates
Royal assent	10 July 1930
Status: Current legislation

This Act gave the newer provinces of British Columbia, Alberta, Manitoba, and Saskatchewan rights over certain natural resources. These resources were found on lands that the federal government used to control. In 1982, this Act was renamed the Constitution Act, 1930.

British North America Act, 1940

British North America Act 1940
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to include unemployment insurance among the classes of subjects enumerated in section ninety-one of the British North America Act, 1867
Citation	3 & 4 Geo. 6. c. 36
Territorial extent	Canada
Dates
Royal assent	10 July 1940
Other legislation
Amends	British North America Act 1867
Status: Current legislation
Text of the British North America Act 1940 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act gave the federal government power over unemployment insurance. This allowed a national program to be set up. Before this, an attempt to create a similar program during the Great Depression was ruled unconstitutional. Courts had said that unemployment help was a provincial responsibility. In 1982, this Act was renamed the Constitution Act, 1940.

British North America Act, 1943

British North America Act 1943
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to provide for the readjustment of the representation of the provinces in the House of Commons of Canada consequent on the decennial census taken in the year one thousand nine hundred and forty-one
Citation	6 & 7 Geo. 6. c. 30
Territorial extent	Canada
Dates
Royal assent	22 July 1943
Status: Spent

This Act delayed the redrawing of seats in the Canadian House of Commons. This delay lasted until the end of World War II. This Act was cancelled in Canada in 1982 because it was no longer relevant.

British North America Act, 1946

British North America Act 1946
Act of Parliament
Parliament of the Kingdom
Long title	An Act to provide for the readjustment of the representation of the House of Commons of Canada consequent on the basis of the population of Canada
Citation	9 & 10 Geo. 6. c. 63
Territorial extent	Canada
Dates
Royal assent	26 July 1946
Other legislation
Amends	British North America Act 1867
Status: Spent
Text of statute as originally enacted
Text of the British North America Act 1946 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act changed the way seats in the Canadian House of Commons were divided among the provinces and territories. It was cancelled in Canada in 1982 because a newer law replaced it.

British North America Act, 1949 (Newfoundland)

British North America Act 1949
Act of Parliament
United Kingdom
Long title	An Act to confirm and give effect to Terms of Union agreed between Canada and Newfoundland
Citation	12, 13 & 14 Geo. 6. c. 22
Territorial extent	Dominion of Newfoundland, Dominion of Canada
Dates
Royal assent	23 March 1949
Commencement	31 March 1949
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

This Act allowed Newfoundland to join Canada as its tenth province. This Act was renamed the Newfoundland Act when Canada took full control of its Constitution in 1982.

This Act is different from the British North America (No. 2) Act 1949.

British North America (No. 2) Act, 1949 (Amending Power)

British North America (No. 2) Act 1949
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the British North America Act, 1867, as respects the amendment of the Constitution of Canada
Citation	12, 13 & 14 Geo. 6. c. 81
Territorial extent	Canada
Dates
Royal assent	16 December 1949
Other legislation
Amends	British North America Act 1867
Text of the British North America (No. 2) Act 1949 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act gave Canada some power to change its own Constitution. After this, the Parliament of Canada could change the Canadian Constitution in many areas it controlled. It didn't need to ask the British Parliament first. However, Britain's approval was still needed for bigger changes, like those affecting powers shared between provinces and the federal government. So, this Act was only a "partial patriation" of Canada's Constitution.

This Act was cancelled in 1982 when Canada fully took control of its Constitution. A new, complete way to change the Constitution was put in place.

Remember, this Act is different from the British North America Act, 1949 (about Newfoundland).

British North America Act, 1951 (Pensions)

British North America Act 1951
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the British North America Act, 1867
Citation	14 & 15 Geo. 6. c. 32
Territorial extent	Canada
Dates
Royal assent	31 May 1951
Other legislation
Amends	British North America Act 1867
Status: Spent
Text of statute as originally enacted
Text of the British North America Act 1951 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act gave the federal government the power to make laws about old age pensions. It also recognized that provinces could do this too. Canada had an old age pension program since 1927, but provinces ran it. This British Act allowed the Canadian federal government to run its own pension plan. It led to the Old Age Security Act. This Act was cancelled in Canada in 1982 because it was replaced by newer laws.

British North America Act, 1952 (House of Commons Seats)

This was the first British North America Act passed by the Canadian Parliament. This was possible because of the British North America (No. 2) Act, 1949.

This Act changed the number of seats in the House of Commons. It also limited how many seats a province could lose after a national census. It also gave the Yukon Territory its own Member of Parliament. This Act was cancelled in 1982 because it was no longer needed.

British North America Act, 1960 (Judges' Retirement)

British North America Act 1960
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the British North America Act, 1867
Citation	9 & 10 Eliz. 2. c. 2
Territorial extent	Canada
Dates
Royal assent	20 December 1960
Commencement	1 March 1961
Other legislation
Amends	British North America Act 1867
Status: Current legislation
Text of the British North America Act 1960 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act set a required retirement age of 75 for all superior court judges. In 1982, this Act was renamed the Constitution Act, 1960.

British North America Act, 1964 (Canada Pension Plan)

British North America Act 1964
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the British North America Act 1867
Citation	1964 c. 73
Territorial extent	Canada
Dates
Royal assent	31 July 1964
Other legislation
Amends	British North America Act 1867
Status: Current legislation
Text of statute as originally enacted
Text of the British North America Act 1964 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This Act gave the federal government more power over pensions. It allowed them to include survivor's benefits and disability benefits. Provinces could still have their own pension programs. This change made the Canada Pension Plan possible. In 1982, this Act was renamed the Constitution Act, 1964.

This was the last time the British Parliament passed a law for Canada before Canada took full control of its Constitution in 1982. Even in 1964, it seemed old-fashioned that Canada couldn't change its own laws. A British Member of Parliament called it an "astonishing and absurd historical anomaly."

British North America Act, 1965 (Senate Retirement)

This was the second British North America Act passed by the Parliament of Canada. This was allowed by the British North America (No. 2) Act, 1949.

This Act set a required retirement age of 75 for all new members appointed to the Canadian Senate. Those who were already senators before this law was passed did not have to retire at 75. In 1982, this Act was renamed the Constitution Act, 1965.

British North America Act, 1974 (Quebec Seats)

This was the third British North America Act passed by the Parliament of Canada. This was possible because of the British North America (No. 2) Act, 1949.

This Act changed the rules for how seats in the House of Commons were divided. Quebec was given a fixed number of 75 seats. The number of seats for other provinces would then be based on their population compared to Quebec's. However, provinces were still guaranteed to have at least as many members in the House of Commons as they had senators. In 1982, this Act was renamed the Constitution Act, 1974.

British North America Act, 1975 (Northwest Territories)

This was the fourth British North America Act passed by the Parliament of Canada. This was possible because of the British North America (No. 2) Act, 1949.

This Act increased the number of representatives from the Northwest Territories in the Canadian House of Commons. It went from one member to two. In 1982, this Act was renamed the Constitution Act (No. 1), 1975.

British North America Act (No. 2), 1975 (Senate Seats)

This was the fifth British North America Act passed by the Parliament of Canada.

This Act increased the number of seats in the Canadian Senate from 102 to 104. It gave one seat to the Yukon Territory and one to the Northwest Territories. In 1982, this Act was renamed the Constitution Act (No. 2), 1975.

Canada Act 1982: Canada Takes Full Control

This was the very last Act passed by the British Parliament about Canada. It had a different name because it did many important things. It renamed all the British North America Acts that were still active. It also changed some of them and cancelled others. Most importantly, it gave all remaining law-making and constitutional powers to Canada. It also included the Constitution Act, 1982 as part of it. This Act is special because it's the only British law to be passed in both English and French. However, the French version is only equally official in Canada.

See also

• Canadian Confederation
• List of Canadian constitutional documents