The ''Constitution Act, 1871'' ( 34 & 35 Vict. c. 28 (UK)), is an

act of the Parliament of the United Kingdom An act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London. An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ire ...

that forms part of the

Constitution of Canada The Constitution of 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 are an amalgamation of various ...

. 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. Some of the a ...

1871, but it was renamed by the ''

Constitution Act, 1982 The ''Constitution Act, 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 the ''Constitution Act, 1982'' states that 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 is a federal Provinces and territories of Canada, territory of Canada. At a land area of approximately and a 2021 census population of 41,070, it is the second-largest and the most populous of Provinces and territorie ...

Nunavut Nunavut 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 the Nunavut Land Claims Agr ...

and

Yukon Yukon () is a Provinces and territories of Canada, territory of Canada, bordering British Columbia to the south, the Northwest Territories to the east, the Beaufort Sea to the north, and the U.S. state of Alaska to the west. It is Canada’s we ...

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Section 2 has likely been replaced by paragraph 42(1)(e) of the Constitution Act, 1982, which provides that an amendment to the Constitution of Canada under the general amending procedure is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". Section 5 retroactively validates the Manitoba Act, 1870.

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". Section 3 may have been replaced by paragraph 43(a) of the Constitution Act, 1982.

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.

References

{{Authority control Constitution of Canada Acts of the Parliament of the United Kingdom concerning Canada United Kingdom Acts of Parliament 1871

Parliament's powers in relation to the territories

Establishment of new provinces

Alteration of provincial boundaries

French version

See also

References