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British North America Act 1867

30 & 31 Vict. c. 3 · Enacted 29 March 1867 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 1991.

An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith.

[29th March 1867]

C1C2Whereas the provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:

And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:

And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:

And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America:

Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Annotations to the whole text

Modifications

C1

Act excluded by British North America Act 1886 (c. 35), s. 2 applied to Newfoundland by British North America Act 1949 (c. 22), Sch. para. 3

C2

The Act is not necessarily in the form in which it is in force in Canada.

Contents

  1. Part I.—: PRELIMINARY
  2. 1Short title.
  3. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. Part II.—: UNION
  5. 3Declaration of union.
  6. 4Construction of subsequent provisions of Act.
  7. 5Four provinces.
  8. 6Provinces of Ontario and Quebec.
  9. 7Provinces of Nova Scotia and New Brunswick.
  10. 8Decennial Census.
  11. Part III.—: EXECUTIVE POWER
  12. 9Declaration of Executive power in the Queen.
  13. 10Application of provisions referring to Governor General.
  14. 11Constitution of Privy Council for Canada.
  15. 12All powers under Acts to be exercised by Governor General with advice of Privy Council, or alone.
  16. 13Application of provisions referring to Governor General in Council.
  17. 14Power to Her Majesty to authorise Governor General to appoint deputies.
  18. 15Command of armed forces to continue to be vested in the Queen.
  19. 16Seat of government of Canada.
  20. Part IV.—: LEGISLATIVE POWER
  21. 17Constitution of Parliament of Canada.
  22. 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  23. 19First session of the Parliament of Canada.
  24. 20Yearly session of the Parliament of Canada.
  25. Chapter: The Senate
  26. 21Number of senators.
  27. 22Representation of provinces in Senate.
  28. 23Qualifications of senator.
  29. 24Summons of senator.
  30. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  31. 26Addition of senators in certain cases.
  32. 27Reduction of Senate to normal number.
  33. 28Maximum number of senators.
  34. 29Tenure of place in Senate.
  35. 30Resignation of place in Senate.
  36. 31Disqualification of senators.
  37. 32Summons on vacancy in senate.
  38. 33Questions as to qualifications and vacancies in Senate.
  39. 34Appointment of Speaker of Senate.
  40. 35Quorum of Senate.
  41. 36Voting in Senate.
  42. Chapter: The House of Commons
  43. 37Constitution of House of Commons in Canada.
  44. 38Summoning of House of Commons.
  45. 39Senators not to sit in House of Commons.
  46. 40Electoral districts of the four provinces.
  47. 1.— ONTARIO
  48. 2.—QUEBEC
  49. 3.—NOVA SCOTIA
  50. 4.—NEW BRUNSWIC
  51. 41Continuance of existing election laws until Parliament of Canada otherwise provides.
  52. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  53. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  54. 44As to election of Speaker of House of Commons.
  55. 45As to filling up vacancy in office of Speaker.
  56. 46Speaker to preside.
  57. 47Provision in case of absence of Speaker.
  58. 48Quorum of House of Commons.
  59. 49Voting in House of Commons.
  60. 50Duration of House of Commons.
  61. 51Decennial readjustment of representation.
  62. 51ASection 51A
  63. 52Increase of number of House of Commons.
  64. Chapter: Money Votes; Royal Assent
  65. 53Appropriation and tax Bills.
  66. 54Recommendation of money votes.
  67. 55Royal assent to Bills, &c.
  68. 56Disallowance by Order in Council of Act assented to by Governor General.
  69. 57Signification of Queen’s pleasure on Bill reserved.
  70. Part V.—: PROVINCIAL CONSTITUTION
  71. Executive Power
  72. 58Appointment of Lieutenant Governors of provinces.
  73. 59Tenure of office of Lieutenant Governor.
  74. 60Salaries of Lieutenant Governors.
  75. 61Oaths, &c. of Lieutenant Governor.
  76. 62Application of provisions referring to Lieutenant Governor.
  77. 63Appointment of executive officers for Ontario and Quebec.
  78. 64Executive Government of Nova Scotia and New Brunswick.
  79. 65Powers to be exercised by Lieutenant Governor of Ontario or Quebec with advice, or alone.
  80. 66Application of provisions referring to Lieutenant Governor in Council.
  81. 67Administration in absence, &c. of Lieutenant Governor.
  82. 68Seats of provincial governments.
  83. Chapter: Legislative Power
  84. 1.—ONTARIO
  85. 69Legislature for Ontario.
  86. 70Electoral districts.
  87. 2.—QUBEC
  88. 71Legislature for Quebec.
  89. 72Constitution of Legislative Council.
  90. 73Qualification of legislative councillors.
  91. 74Resignation, disqualification, &c.
  92. 75Vacancies.
  93. 76Questions as to vacancies, &c.
  94. 77Speaker of Legislative Council.
  95. 78Quorum of Legislative Council.
  96. 79Voting in Legislative Council.
  97. 80Constitution of Legislative Assembly of Quebec.
  98. 3.—ONTARIO AND QUEBEC
  99. 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  100. 82Summoning of Legislative Assemblies.
  101. 83Restriction on election of holders of offices.
  102. 84Continuance of existing election laws.
  103. 85Duration of Legislative Assemblies.
  104. 86Yearly session of Legislatures.
  105. 87Speaker, quorum, &c.
  106. 4.—NOVA SCOTIA AND NEW BRUNSWICK
  107. 88Constitutions of Legislatures of Nova Scotia and New Brunswick.
  108. 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  109. 6.—THE FOUR PROVINCES
  110. 90Application to Legislatures of provisions respecting money votes, &c.
  111. Part VI.—: DISRIBUTION OF LEGISLATIVE POWERS
  112. Powers of the Parliament
  113. 91Legislative authority of Parliament of Canada.
  114. Exclusive Powers of Provincial Legislatures
  115. 92Subjects of exclusive provincial legislation.
  116. Education
  117. 93Legislation respecting education.
  118. Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick
  119. 94Legislation for uniformity of laws in the three provinces.
  120. 94ALegislation respecting old age pensions and supplementary benefits.
  121. Agriculture and Immigration
  122. 95Concurrent powers of legislation respecting agriculture, &c.
  123. Part VII.—: JUDICATURE
  124. 96Appointment of judges.
  125. 97Selection of judges in Ontario, &c.
  126. 98Selection of judges in Quebec.
  127. 99Tenure of office of judges.
  128. 100Salaries, &c. of judges.
  129. 101General Court of Appeal, &c.
  130. Part VIII.—: REVENUES; DEBTS; ASSETS; TAXATION
  131. 102Creation of Consolidated Revenue Fund.
  132. 103Expenses of collection, &c.
  133. 104Interest of provincial public debts.
  134. 105Salary of Governor General.
  135. 106Appropriation from time to time.
  136. 107Transfer of stocks, &c.
  137. 108Transfer of property in schedule.
  138. 109Property in lands, mines, &c.
  139. 110Assets connected with provincial debts.
  140. 111Canada to be liable to provincial debts.
  141. 112Debts of Ontario and Quebec.
  142. 113Assets of Ontario and Quebec.
  143. 114Debt of Nova Scotia.
  144. 115Debt of New Brunswick.
  145. 116Payment of interest to Nova Scotia and New Brunswick.
  146. 117Provincial public property.
  147. 118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  148. 119Further grant to New Brunswick.
  149. 120Form of payments.
  150. 121Canadian manufactures, &c.
  151. 122Continuance of Customs and Excise laws.
  152. 123Exportation and importation as between two provinces.
  153. 124Lumber dues in New Brunswick.
  154. 125Exemption of public lands, &c.
  155. 126Provincial Consolidated Revenue Fund.
  156. Part IX.—: MISCELLANEOUS PROVISIONS
  157. General
  158. 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  159. 128Oaths of allegiance, &c.
  160. 129Continuance of existing laws, courts, officers, &c.
  161. 130Transfer of officers to Canada.
  162. 131Appointment of new officers.
  163. 132Treaty obligations.
  164. 133Use of English and French languages.
  165. Ontario and Quebec
  166. 134Appointment of executive officers for Ontario and Quebec.
  167. 135Powers, duties, &c. of executive officers.
  168. 136Great Seals.
  169. 137Construction of temporary Acts.
  170. 138As to errors in names.
  171. 139As to issue of proclamations before union, to commence after union.
  172. 140As to issue of proclamations after union.
  173. 141Penitentiary.
  174. 142Arbitration respecting debts, &c.
  175. 143Division of records.
  176. 144Constitution of townships in Quebec.
  177. 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  178. Part XI.—: ADMISSION OF OTHER COLONIES
  179. 146Power to admit Newfoundland, &c. into the union.
  180. 147As to representation of Newfoundland and Prince Edward Island in Senate.
  181. Schedule The First: Electoral Districts of Ontario
  182. A.Existing Electoral Divisions
  183. B.New Electoral Divisions
  184. Schedule The SecondElectoral Districts of Quebec specially fixed
  185. Schedule The Third: Provincial Public Works and Property to be the Property of Canada
  186. 1Paragraph 1
  187. 2Paragraph 2
  188. 3Paragraph 3
  189. 4Paragraph 4
  190. 5Paragraph 5
  191. 6Paragraph 6
  192. 7Paragraph 7
  193. 8Paragraph 8
  194. 9Paragraph 9
  195. 10Paragraph 10
  196. Schedule The FourthAssets to be the Property of Ontario and Quebec conjointly
  197. Schedule The Fifth
  198. Oath of Allegiance
  199. Declaration of Qualification