The British North America Acts, 1867–1975, are a series of acts of Parliament that were at the core 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 ...

. Most were enacted by the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

and some by the

Parliament of Canada The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameral ...

. Some of the acts were repealed in Canada by the ''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 ...

''. The rest were renamed the Constitution Acts and amended, with those changes having effect only in Canada. The Canadian versions of the Constitution Acts are part of the Constitution of Canada, and can be amended only in Canada. The British versions of the acts which remain in force in Britain are ordinary British statutes. They can be amended by the British Parliament, but those amendments would not have any effect in Canada. They retain their original names and do not include any amendments made after 1964. As used in these acts, the term "British North America" (BNA) originally referred to the

British colonies A Crown colony or royal colony was a colony governed by England, and then Great Britain or the United Kingdom within the English and later British Empire. There was usually a governor to represent the Crown, appointed by the British monarch on ...

in North America which formed Confederation in 1867: the

Province of Canada The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in British North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report ...

(which became the provinces of

Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...

and

Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...

Nova Scotia Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...

, and

New Brunswick New Brunswick is a Provinces and Territories of Canada, province of Canada, bordering Quebec to the north, Nova Scotia to the east, the Gulf of Saint Lawrence to the northeast, the Bay of Fundy to the southeast, and the U.S. state of Maine to ...

. The 1867 act also envisaged that specific other colonies might join Confederation in the future:

British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...

Newfoundland Newfoundland and Labrador is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region of Labrador, having a total size of . As of 2025 the population ...

Prince Edward Island Prince Edward Island is an island Provinces and territories of Canada, province of Canada. While it is the smallest province by land area and population, it is the most densely populated. The island has several nicknames: "Garden of the Gulf", ...

Rupert's Land Rupert's Land (), or Prince Rupert's Land (), was a territory in British North America which comprised the Hudson Bay drainage basin. The right to "sole trade and commerce" over Rupert's Land was granted to Hudson's Bay Company (HBC), based a ...

, and the

North-Western Territory The North-Western Territory was a region of British North America extant until 1870 and named for where it lay in relation to Rupert's Land. Because of the lack of development, exploration, and cartographic limits of the time, the exact boun ...

. Even after the creation of Canada in 1867, the subsequent acts listed in this article continued to use the term "British North America", but the term then applied only to Canada.

Constitutional changes

Canada dates its history as a country to the ''

British North America Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), ...

'', which came into effect on July 1, 1867. However, Canada was not established as fully independent, since the United Kingdom retained legislative control over Canada and full control over Canadian foreign policy. Canada did not have any foreign embassies until the first one was established in

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

, in 1926. Until 1949, changes to the British North America Acts could be made only by the British Parliament. The ''

British North America (No. 2) Act, 1949 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 ac ...

'', gave the Parliament of Canada the power to make limited

constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...

s, but full Canadian control over the constitution was not achieved until the passage of the ''Canada Act 1982''. This long delay was in large part due to the inability to agree upon a procedure for making constitutional amendments that was acceptable to all of the provinces, in particular the Province of

. Because of this, all British North America Acts dated before 1949 were enacted by the

, while some of those dated after 1949 were passed by the

. When Canada

patriated Patriation is the political process that led to full Canadian sovereignty, culminating with the ''Constitution Act, 1982''. The process was necessary because, at the time, under the ''Statute of Westminster, 1931'', and with Canada's agreement, ...

its constitution with the passage of the ''Canada Act 1982'', most of the ''British North America Acts'' were renamed as ''Constitution Acts'' in Canada, while a few of the acts were repealed as no longer having any relevance. The acts are collectively called the ''Constitution Acts, 1867 to 1982''.

French-language versions

The fifteen BNA Acts enacted by the United Kingdom Parliament do not have official French-language versions. Only the English version is official. The five BNA Acts enacted by the Canadian Parliament do have official French-language versions, and the English-language and French-language versions are equally authoritative (as with all legislation enacted by the Canadian Parliament). The French Constitutional Drafting Committee produced translations of all the British North America Acts, pursuant to section 55 of the ''Constitution Act, 1982'', but these have not been enacted by the federal and provincial governments through the constitutional amending process to make them official.

Individual acts

The different acts of this series are distinguished by appending the year of their enactment. BNA Acts were passed in 1867, 1871, 1886, 1907, 1915, 1916*, 1930, 1940, 1943*, 1946*, 1949, 1949 (No. 2)*, 1951*, 1952*, 1960, 1964, 1965, 1974, 1975 and 1975 (No. 2). Those marked with (*) were repealed in Canada in 1982, but are still in force in Britain. Five of the British North America Acts were enacted by the Parliament of Canada; namely those of 1952, 1965, 1974, 1975, and 1975 (No. 2). The other fifteen were enacted by the Imperial Parliament in

London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...

. The first act, the ''British North America Act 1867'', created the (internally) self-governing Dominion of Canada. The remaining acts dealt with a variety of topics, though the majority were concerned with modifying the representation in Parliament or in the

Senate of Canada The Senate of Canada () is the upper house of the Parliament of Canada. Together with the Monarchy of Canada#Parliament (King-in-Parliament), Crown and the House of Commons of Canada, House of Commons, they compose the Bicameralism, bicameral le ...

as the country enlarged and changed (1886, 1915, 1943, 1946, 1952, 1974, 1975, 1975 (No. 2)), adding the newer provinces of

Manitoba Manitoba is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population ...

Saskatchewan Saskatchewan is a Provinces and territories of Canada, province in Western Canada. It is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and to the south by the ...

Alberta Alberta is a Provinces and territories of Canada, province in Canada. It is a part of Western Canada and is one of the three Canadian Prairies, prairie provinces. Alberta is bordered by British Columbia to its west, Saskatchewan to its east, t ...

, and

. Other topics include modifying the country's boundaries (1871, 1949), transfer payments (1907), temporary changes due to two world wars (1916, 1943), federal-provincial powers (1930, 1964), power over changes in the constitution (1949 (No. 2)), the creation of new social programs (1951, 1964), and mandatory retirement ages in the Canadian government (1960, 1965)

British North America Act 1867

The ''British North America Act 1867'' ( 30 & 31 Vict. c. 3), also known as the BNA Act, comprises a major part of the

. The act entails the original creation of a federal dominion and sets the framework for much of the operation of the

Government of Canada The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federation, federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes Minister of t ...

, including its federal structure, the

House of Commons of Canada The House of Commons of Canada () is the lower house of the Parliament of Canada. Together with the Monarchy of Canada#Parliament (King-in-Parliament), Crown and the Senate of Canada, they comprise the Bicameralism, bicameral legislature of Ca ...

, the Senate, the justice system, and the

taxation A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...

system. In 1982, this act was renamed the ''Constitution Act, 1867'', with the

patriation Patriation is the political process that led to full Canadian sovereignty, culminating with the '' Constitution Act, 1982''. The process was necessary because, at the time, under the '' Statute of Westminster, 1931'', and with Canada's agreemen ...

of the constitution (having originally been enacted by the

). Amendments were also made at this time: section 92A was added, giving the

provinces A province is an administrative division within a country or state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''provi ...

greater control over non-renewable

natural resource Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest, and cultural value. ...

British North America Act 1871

The ''British North America Act 1871'' ( 34 & 35 Vict. c. 28) gave Canada the power to establish new provinces and territories and to change provincial boundaries with the affected province's consent. The act recognized the creation of the province of Manitoba, and also the incorporation of

and 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 ...

into Canada. This act also allowed the Canadian parliament and the legislatures of Ontario and Quebec to redraw the boundaries of the province of

and the province of Quebec in order to include parts of these land acquisitions, specifically around

Hudson Bay Hudson Bay, sometimes called Hudson's Bay (usually historically), is a large body of Saline water, saltwater in northeastern Canada with a surface area of . It is located north of Ontario, west of Quebec, northeast of Manitoba, and southeast o ...

and

James Bay James Bay (, ; ) is a large body of water located on the southern end of Hudson Bay in Canada. It borders the provinces of Quebec and Ontario, and is politically part of Nunavut. Its largest island is Akimiski Island. Numerous waterways of the ...

. In 1982, this act was renamed the ''Constitution Act, 1871''.

British North America Act 1886

The ''British North America Act 1886'' ( 58 & 59 Vict. c. 35) gave parliament the authority to allow the

Territories of Canada Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, N ...

to have representation in the Canadian Senate and Canadian House of Commons. In 1982, this act was renamed the ''Constitution Act, 1886''.

British North America Act 1907

The ''British North America Act 1907'' ( 7 Edw. 7. c. 11) regulated

transfer payment In macroeconomics and finance, a transfer payment (also called a government transfer or simply fiscal transfer) is a redistribution of income and wealth by means of the government making a payment, without goods or services being received in r ...

s by the federal government to the smaller provinces to support their legislatures and governments. The funds transferred were set at between $100,000 and $250,000 depending on the province's population with an extra $100,000 a year for ten years to British Columbia. In 1982, this Act was renamed the ''Constitution Act, 1907''.

British North America Act 1915

The ''British North America Act 1915'' ( 5 & 6 Geo. 5. c. 45) expanded the Senate of Canada by giving the Western Canadian provinces 24 senators, the same number that had been guaranteed to Ontario, Quebec, and the

Maritime Provinces The Maritimes, also called the Maritime provinces, is a region of Eastern Canada consisting of three provinces: New Brunswick, Nova Scotia, and Prince Edward Island. The Maritimes had a population of 1,899,324 in 2021, which makes up 5.1% of ...

. This act also guaranteed

six senators should that British domain ever join the

Confederation A confederation (also known as a confederacy or league) is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...

– which it did in 1949. Finally, this act amended section 51 of the ''British North America Act 1867'' to guarantee that no province would have fewer members of the House of Commons than of the senate. In 1982, this act was renamed the ''Constitution Act, 1915''.

British North America Act 1916

The B''ritish North America Act 1916'' ( 6 & 7 Geo. 5. c. 19) extended the duration of the 12th Canadian Parliament through October 1917, beyond the normal maximum of five years. The extension was carried out due to

World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

. This act was repealed by the ''Statute Law Revision Act 1927''.

British North America Act 1930

The ''British North America Act 1930'' ( 20 & 21 Geo. 5. c. 26) gave the newer provinces of British Columbia, Alberta, Manitoba, and Saskatchewan rights over certain natural resources found in federally controlled lands. In 1982, this act was renamed the ''Constitution Act, 1930''.

British North America Act 1940

The ''British North America Act 1940'' ( 3 & 4 Geo. 6. c. 36) gave the federal government jurisdiction over

unemployment insurance Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is the proportion of people above a specified age (usually 15) not being in paid employment or self-employment but currently available for work du ...

, thus allowing such a program to be established on a national level. An earlier attempt to create an ''Employment and Social Insurance Act'' during the

Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...

had been ruled to be

unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...

, since unemployment assistance was judged by the courts to be a provincial responsibility. In 1982, this act was renamed the ''Constitution Act, 1940''.

British North America Act 1943

The ''British North America Act 1943'' ( 6 & 7 Geo. 6. c. 30) delayed redistribution of seats in the Canadian House of Commons until the end of

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. This Act was repealed in Canada in 1982 fore being obsolete.

British North America Act 1946

The ''British North America Act 1946'' adjusted the formula for distributing seats in the Canadian House of Commons among the provinces and territories. It was repealed in Canada in 1982, as having been superseded.

British North America Act 1949

The ''British North America Act 1949'' ( 12, 13 & 14 Geo. 6. c. 22) allowed for the entry of Newfoundland as Canada's tenth province. This act was renamed the '' Newfoundland Act'' when the Canadian Constitution was patriated from the United Kingdom in 1982. This act should not be confused with the ''British North America (No. 2) Act 1949'' ( 12, 13 & 14 Geo. 6. c. 81) (see below).

British North America (No. 2) Act 1949

The ''British North America (No. 2) Act 1949'' ( 12, 13 & 14 Geo. 6. c. 81) granted Canada limited powers to amend its own constitution. The Parliament of

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

was thereafter allowed to amend the Canadian constitution ''in many areas of its own jurisdiction'' without first obtaining the consent of the British Parliament. However, the approval of the British Parliament was still needed for wider constitutional changes, such as those involving areas of provincial and federal responsibilities. Therefore, this act can at best be considered a "partial patriation" of the Canadian Constitution. This act was repealed in 1982 with the full patriation of the Canadian Constitution from the United Kingdom, and with the incorporation of a new, comprehensive procedure for amending the constitution. This act is not to be confused with the ''British North America Act 1949'' ( 12, 13 & 14 Geo. 6. c. 22) (see above).

British North America Act 1951

The ''British North America Act 1951'' ( 14 & 15 Geo. 6. c. 32) gave the federal government the power to pass legislation concerning old age pensions, while also recognizing the rights of provincial legislatures to do so. While the Canadian Parliament had established an old age pension program in 1927, this was administered by the provinces and jointly funded by them. This act of the British Parliament allowed the Federal government of Canada to administer and operate its own pension plan and allowed it to pass the '' Old Age Security Act''. This act was repealed in Canada in 1982, since it had been superseded.

British North America Act, 1952

The ''British North America Act, 1952'' was the first of the British North America Acts to be enacted by the Canadian Parliament (rather than by the British Parliament). That had been made possible under the provisions of the ''British North America (No. 2) Act 1949''. This act changed the number of seats in the House of Commons and it also limited the number of seats that a province could lose due to redistribution based on the national

census A census (from Latin ''censere'', 'to assess') is the procedure of systematically acquiring, recording, and calculating population information about the members of a given Statistical population, population, usually displayed in the form of stati ...

to 15% of its previous number of seats. This act also gave the

Yukon Territory Yukon () is a 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 westernmost territory and the smallest ...

its own Member of Parliament. This act was repealed in 1982 as having become obsolete and superseded.

British North America Act 1960

The ''British North America Act 1960'' ( 9 & 10 Eliz. 2. c. 2) instituted a mandatory retirement age of 75 for all

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

judges. In 1982, this act was renamed the ''Constitution Act, 1960''.

British North America Act 1964

The ''British North America Act 1964'' (c. 73) extended the federal government's jurisdiction over pensions to include those of survivor's benefits and disability benefits while continuing to allow the provinces to have their own pension programs. This amendment to the BNA Act made the

Canada Pension Plan The Canada Pension Plan (CPP; ) is a contributory, earnings-related social insurance program. It is one of the two major components of Canada's public retirement income system, the other being Old Age Security (OAS). Other parts of Canada's retir ...

possible. In 1982, this act was renamed the ''Constitution Act, 1964''. This was the last time that the British Parliament enacted legislation on Canada's behalf before the patriation of the Canadian constitution in 1982. The inability of Canada to amend its own constitution already seemed antiquated in 1964. In the debate, a British MP called it an "astonishing and absurd historical anomaly" that "the Canadian Parliament is the only Parliament in the Commonwealth that has to come to us to ask permission to legislate about domestic matters."

British North America Act, 1965

This was the second of the British North America Acts to be enacted by the

. This was made possible by the provisions of the ''British North America (No. 2) Act 1949''. This act established a

mandatory retirement Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. A ...

age of 75 for all members who were appointed to the Canadian Senate in future. Those who had been appointed before the passage of this act were exempted. In 1982, this act was renamed the ''Constitution Act, 1965''.

British North America Act, 1974

The ''British North America Act, 1974'' was the third of the British North America Acts to be enacted by the Parliament of Canada. This had been made possible by the provisions of the ''British North America (No. 2) Act 1949''. It was originally titled ''Representation Act, 1974'', then changed to ''British North America Act, 1974'' in 1977 before changing to ''Constitution Act, 1974'' in 1982. This act changed the rules for the redistribution of seats in the House of Commons of Canada so that Quebec was allocated the fixed number of 75 seats, while the number of seats allocated to each of the other provinces would always be determined based upon the sizes of their populations in comparison with that of Quebec. However, the Provinces continued to be guaranteed to have at least as many members of the House of Commons as they had Senators. In 1982, this act was renamed the ''Constitution Act, 1974''.

British North America Act, 1975

The ''British North America Act, 1975'' was the fourth of the British North America Acts to be enacted by the Parliament of Canada. This had been made possible by the provisions of the ''British North America (No. 2) Act 1949''. It was originally titled ''Northwest Territories Representation Act'', then changed to ''British North America Act (No 1), 1975'' in 1977 before changing to ''Constitution Act (No. 1), 1975'' in 1982. This act increased the number of representatives from the Northwest Territories in the Canadian House of Commons, from one to two members. In 1982, this act was renamed the ''Constitution Act (No. 1), 1975''.

British North America Act (No. 2), 1975

The ''British North America Act (No. 2), 1975'' was the fifth of the British North America Acts to be enacted by the Parliament of Canada. This act increased the number of seats in the Canadian Senate from 102 to 104, and it allocated one seat to the

and one to the Northwest Territories. In 1982, this act was renamed the ''Constitution Act (No. 2), 1975''.

Canada Act 1982

The ''Canada Act 1982'', the final act of the British Parliament regarding Canada had a different name, since it renamed all the unrepealed earlier British North America Acts, amended some of them, and repealed all others, patriated all remaining legislative and constitutional powers to Canada, and included the ''

'' as its schedule. It is the only UK legislation to be enacted in both English and French, although the French version only has equal authority in Canada.

References

External links

** The original acts cited below are held by the

Parliamentary Archives In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...

. {{wikisource-inline, list= **

** British North America Act, 1871 ** British North America Act, 1886 ** British North America Act, 1907 ** British North America Act, 1915 ** British North America Act, 1916 ** British North America Act, 1930 ** British North America Act, 1940 ** British North America Act, 1943 ** British North America Act, 1946 ** British North America Act, 1949 **

** British North America Act, 1951 ** British North America Act, 1952 ** British North America Act, 1960 ** British North America Act, 1964 ** British North America Act, 1965 ** British North America Act, 1974 ** British North America Act, 1975 ** British North America Act (No. 2), 1975 ** Canada Act, 1982 British North America Constitution of Canada * Canada and the Commonwealth of Nations United Kingdom and the Commonwealth of Nations