Constitution Act, 1867 (annotated)

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Constitution Act, 1867

(British North America Act, 1867)  (1867) 

The Constitution Act, 1867 (formerly called the British North America Act, 1867), comprises a major part of Canada's constitution. The Act entails the original creation of 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. It received its current name in 1982, with the patriation of the constitution (having originally been enacted by the British Parliament). Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
(30 & 31 Victoria, c. 3.)


An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith


29th March 1867


Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:

And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:

And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:

And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America:[1]

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[edit] Notes

  1. The enacting clause was repealed by the Statute Law Revision Act, 1893. It read as follows:
    Be it enacted 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:
Flag of Canada.svg This document is reproduced under the terms of the Reproduction of Federal Law Order for enactments of the Government of Canada. This document is not an official version, and is not endorsed by the Government of Canada.
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Canadian legislation is under Crown Copyright pursuant to Section 12 of the Copyright Act for 50 years after the year of first publication. That section and the lack of modern case law make it unclear whether these documents remain protected by perpetual Crown rights and privileges after that term ends.
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