British North America (No. 2) Act, 1949
|British North America (No. 2) Act, 1949|
The British North America (No. 2) Act, 1949, was an Act of the Parliament of the United Kingdom that granted Canada limited powers to amend its own constitution. The Parliament of Canada was thereafter allowed to amend the Canadian constitution in many areas of its own jurisdiction without appealing to the British Parliament first. However, the approval of the British Parliament was still needed for wider constitutional change such as that involving areas of provincial responsibility. Therefore, the Act can best be seen as a "partial patriation" of the Canadian constitution.
Note: This Act was repealed by the Constitution Act, 1982
13 George VI, c. 81 (U.K.)
An Act to amend the British North America Act, 1867, as respects the amendment of the Constitution of Canada
[Assented to 16th December, 1949.]
Whereas the Senate and the House of Commons of Canada in Parliament assembled have submitted an Address to His Majesty praying that His Majesty may graciously be pleased to cause a measure to be laid before the Parliament of the United Kingdom for the enactment of the provisions hereinafter set forth: Be it therefore enacted by the King '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:
Amendment as to legislative authority of Parliament of Canada
1. Section 91 of the British North America Act, 1867 is hereby amended by the renumbering Class 1 thereof as Class 1A and by inserting therein immediately before that Class the following as Class 1:—
1. The amendment from time to time of the Constitution of Canada, except as regards matters corming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces, or as regards rights or privileges by this or any other Constitutional Act granted or secured to the Legislature or the Government of a province, or to any class of persons with respect to schools or as regards the use of the English or the French language or as regards the requirements that there shall be a session of the Parliament of Canada at least once each year, and that the House of Commons shall continue for more than five years from the day of the return of the Writs for choosing the House: provided, however, that a House of Commons may in time of real or apprehended war, invasion or insurrection be continued by the Parliament of Canada if such continuance is not opposed by the votes of more than one-third of the member's of such House.
Short title and citation.
2. This Act may be cited as the British North America (No. 2) Act, 1949, and shall be included among the Acts which may be cited as the British North America Acts, 1867 to 1949.