Acts of British North America

The Actes of British North America (AANB) are a whole of laws of the British Parlement adopted between 1867 and 1975, which established, then successively amended, the constitution of the Canadian Confédération.

Act of British North America of 1867

See also: constitutional Law of 1867

The first and the most important law of the series are coming into effect on July 1st 1867. It created the Dominion Canada by the union of three colony S of the British Empire: the Province of Canada (or Canada-Plain), the New Brunswick and the Nova Scotia. These two last remained each one a province within the new State, while the two subdivisions of the province of Canada, the Canada-Is and the Canada-West, became respectively the provinces of the Quebec and the Ontario. This law including/understanding 147 articles established the provisions of the constitution of current Canada and, modified by the amendments which were since then brought there, it is always into force today.

The bill was approved by the House of Lords on February 26th, 1867, by the House of Commons on March 8th, and accepted on May 24th the royal Sanction of the queen Victoria. The day chosen for the coming into effect of the new law was the next on July 1st, and now, this date is the Fête of Canada.

Since 1982, the Act of North America Britannique of 1867 is officially known under the name of constitutional Loi of 1867 .

Subsequent acts

Other subsequent laws of the British Parliament, bearing they also the name of AANB, and resulting in modifying the Act of British North America of 1867 (and thus the constitution of Canada) were adopted between 1871 and 1975. One distinguishes between them the various successive AANB by the mention, in the title of each one of them, of the year during which it was adopted. In addition to the original AANB of 1867, the other AANB are those of: 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 Those followed by the sign (*), since, were repealed.

In addition, the Statut of Westminster of 1931 had granted complete legislative sovereignty to Canada and the other British dominions. However, before the constitutional Law of 1982, an important part of the provisions of the Acts of British North America étaitent excluded from the operation of the Statute of Westminster and only the British Parliament could modify them. Each federate province had already since 1867 the capacity to modify itself the constitutional provisions of the Acts of British North America relative to its own constitution (provincial official institutions, legislative powers, executive, etc, except for the load of lieutenant governor). The federal Parliament obtained a similar capacity in 1949 allowing him to modify the constitutional provisions of the AANB relating to the purely federal official institutions. But the modification of the other provisions of the AANB, in particular those which relate to the division of competences between the two government orders, required the recourse to the British Parliament legally.

The Loi of 1982 on Canada, which is also a law of the British Parliament, came to cut the last legal bonds between the United Kingdom and Canada. The constitutional Law of 1982, which is a Canadian law, then became part of the constitution of Canada. It should be noted that Quebec refused to adhere to this constitution.

On this same occasion, each AANB which remained in force after the adoption of constitutional Law of 1982 was famous according to the formula " Constitutional law of (year) ". The repealed AANB were not famous.

See too

constitutional History of Canada

External bonds

Constitutional laws of 1867 and 1982

Act of British North America of 1867

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