What is the Constitution Act, 1867?
Answer
Originally the British North America Act, 1867, it is the founding statute of Canadian Confederation that established Parliament, the Senate, and the federal-provincial division of powers.
Explanation
The Constitution Act, 1867 (originally the British North America Act, 1867) is the founding statute of Canadian Confederation. The Act was passed by the British Parliament on March 29, 1867 and entered into force on July 1, 1867 (Canada Day, then called Dominion Day). It created the Dominion of Canada from the original four provinces (Ontario, Quebec, New Brunswick, and Nova Scotia) and established the basic structure of federal-provincial government.
The Act has 147 sections grouped into 11 parts. Part II (sections 9 to 16) establishes executive authority vested in the Queen and exercised by the Governor General. Part III (sections 17 to 57) establishes Parliament, including the Queen, the Senate (105 appointed senators), and the House of Commons (now 343 elected MPs after the 2024 redistribution). Part IV (sections 58 to 90) establishes provincial executive and legislative powers, including the Lieutenant Governor and provincial Legislatures.
The most consequential provisions are sections 91 and 92, which divide legislative powers between the federal Parliament and the provincial Legislatures. Section 91 lists 29 federal heads of power (peace, order, and good government; trade and commerce; taxation; postal service; defence; navigation; currency and banking; criminal law; Indians and lands reserved for the Indians; etc.). Section 92 lists 16 provincial heads of power (direct provincial taxation; provincial public lands; hospitals; municipal institutions; property and civil rights in the province; administration of justice in the province; etc.). Section 93 gives exclusive provincial authority over education, subject to denominational-school protections.
The Act has been amended many times since 1867. Major amendments include the addition of new provinces (Manitoba 1870, BC 1871, PEI 1873, Alberta and Saskatchewan 1905, Newfoundland 1949), the Statute of Westminster of 1931 (granting full Dominion sovereignty), the Constitution Act, 1982 (adding the Charter of Rights and Freedoms, section 35 Indigenous rights, and the amending formula), and various provincial constitutional amendments. The Act remains the foundational constitutional document of Canada, with sections 91 and 92 still defining the federal-provincial division of powers in modern constitutional litigation.
Why this matters for your test
The Constitution Act, 1867 is the founding statute of Canada. Recognising its July 1, 1867 effective date and the section 91/92 division of powers gives candidates two specific anchors.
Source: Department of Justice Canada; Constitution Act, 1867
