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British North America Act
DCHP-2 (Oct 2016)
Spelling variants:BNA Act
n. — Law
an act of the British Parliament that created the Dominion of Canada in 1867.
Type: 4. Culturally Significant — The British North America Act, or the BNA Act, refers to an Imperial Act by the British Parliament in 1867 that made Canada a "self-governing Dominion of the British Commonwealth" (see Maple Leaf Web reference). Confederation was accomplished by way of uniting the provinces of Ontario, Quebec, Nova Scotia and New Brunswick (see Canadian Encyclopedia reference). The British North America Act was signed by Queen Victoria in March of 1867 and proclaimed into law on July 1st of the same year (see Canada Day).
The term British North America Act was offered as a "Short Title" for citing the document, in place of the much longer A Bill Intitled An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof; and for Purposes connected therewith. Although this term was used in a piece of British legislation, it is marked as culturally significant, as it is a critical component of Canadian history. Note that the name for the British North America Act was changed to Constitution Act in 1982 during Canada's "movement toward[s] 'patriation' of the Constitution" (see Canadian Encyclopedia reference, see Constitution Act 1867). Accordingly, the British North America Act was sometimes referred to as "Canada's original constitution" (see the 1990 quotation), or the "Canadian Constitution" before it was amended and re-named.
The term British North America Act was offered as a "Short Title" for citing the document, in place of the much longer A Bill Intitled An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof; and for Purposes connected therewith. Although this term was used in a piece of British legislation, it is marked as culturally significant, as it is a critical component of Canadian history. Note that the name for the British North America Act was changed to Constitution Act in 1982 during Canada's "movement toward[s] 'patriation' of the Constitution" (see Canadian Encyclopedia reference, see Constitution Act 1867). Accordingly, the British North America Act was sometimes referred to as "Canada's original constitution" (see the 1990 quotation), or the "Canadian Constitution" before it was amended and re-named.
Quotations
1868
And for the prevention of doubts be it enacted, that all sums mentioned in dollars and cents in the Imperial Act known as the British North America Act, 1867, and in all Acts of the Parliament of Canada passed in the present or in any future session, shall, unless it be otherwise expressed, be understood, as well with respect to the Province of Nova Scotia as to the other Provinces composing the Dominion of Canada, to be in the currency of Canada as hereby established, [...]
1887
Whereas, in framing the British North America Act, 1867, and defining therein the limits of the legislative and executive powers and functions of the Federal and Provincial Legislatures and Governments, [...]
1905
The late Hon. William Macdougall was, with the exception of Sir William Howland, the last of the "Fathers of Confederation" who prominently represented Upper Canada in the negotiations and legislation which resulted in the creation of the Dominion of Canada by the passage of the British North America Act in 1867.
1928
The decision of the Supreme Court of Canada declaring that women are not eligible for seats in the Senate brings the women who wish to press the question face to face with two alternatives. They may appeal their case or seek amendment to the British North America Act.
1949
An amendment to the British North America Act in the form of a Canadian Bill of Human Rights and Fundamental Freedoms, is requested in a motion tabled in the Senate by Senator Arthur Roebuck of Toronto.
1958
They add that [...] Canada already has a written constitution in the British North America Act.
1974
But there were no precise details on how and to what extent the Government intends to modify the language provisions now enshrined in the British North American Act. The BNA Act specifies that both French and English are official languages in Quebec.
1980
Key officials said yesterday the central principle of Ottawa's move for the reform and patriation of the British North America Act has been accepted by leaders of Britain's political parties.
2000
It seems like ancient history now; it is easy to forget that for 115 years after Confederation, Canada's Constitution consisted of a piece of British legislation, the British North America Act.
2012
On this day in 1982, Canada finally severed ties to its colonial past and became fully independent from Britain with the signing of the Constitution Act by Queen Elizabeth and prime minister Pierre Trudeau in Ottawa. The Dominion of Canada was created in 1867 with the British North America Act, but full independence from the British Parliament at Westminister was not achieved until 1982 when that parliament passed the Canada Act, giving Canada authority over its constitution. This act replaced the BNA Act and transferred all legislative authority to Canada.
References
- Maple Leaf Web • "History of the Canadian Constitution"
- Canadian Encyclopedia • Constitution Act 1867