The ''Constitution Act, 1871'' (UK), 34 & 35 Vict, c 28, (the ''Act'') is an
Act of the Parliament of the United Kingdom
In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom.
An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ireland ...
and forms part of the
Constitution of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
. It was originally known as the''
British North America Act
The British North America Acts 1867–1975 are a series of Acts of Parliament that were at the core of the constitution of Canada. Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. In Canada, some ...
, 1871'', but it was renamed by the ''
Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
''.
Parliament's powers in relation to the territories
Section 4 provides that the Parliament of Canada "may from time to time make provision for the administration, peace, order and good government of any territory not for the time being included in any Province". There are currently three territories which are part of Canada, but which are not part of any province: the
Northwest Territories
The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
,
Nunavut
Nunavut ( , ; iu, ᓄᓇᕗᑦ , ; ) is the largest and northernmost Provinces and territories of Canada#Territories, territory of Canada. It was separated officially from the Northwest Territories on April 1, 1999, via the ''Nunavut Act'' ...
and
Yukon
Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
.
Establishment of new provinces
Section 2 has likely been replaced by paragraph 42(1)(e) of the Constitution Act, 1982, which provides that an amendment to the Constitution of Canada under the general amending procedure is required to establish a new province "notwithstanding any existing law or practice".
Alteration of provincial boundaries
Section 3 provides that the Parliament of Canada "may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed upon to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby".
French version
Since the ''Constitution Act, 1871'' was enacted in English, there is no official French version of the ''Act''.
[Warren J Newman, "The Duty to Prepare and Put Forward for Enactment the French-Language Version of Certain Constitutional Instruments: From the Bertrand Case to the Langlois Case" (November 6, 2015) at 14: http://www.capitaldocumentation.ca/documents/NewmanW6nov2015en.pdf .] Section 55 of the ''Constitution Act, 1982'' requires the Minister of Justice to
prepare a translation of the Act and that it be brought forward for enactment. Although a translation was prepared in 1990, it has not been brought forward for enactment.
See also
Full text of the ''
Constitution Act, 1871''.
References
{{Reflist
Constitution of Canada
Acts of the Parliament of the United Kingdom concerning Canada