What was the British North America Act of 1867?

The British North America Act of 1867 was the Act of the British Parliament that created the Dominion of Canada by uniting the Province of Canada (split into Ontario and Quebec), Nova Scotia, and New Brunswick into a federal union. The Act received royal assent from Queen Victoria on March 29, 1867 and came into force on July 1, 1867. It was renamed the Constitution Act, 1867 by the Constitution Act, 1982 and remains a foundational document of Canadian constitutional law.

The Act has 11 parts and 147 sections. Section 3 named the new Dominion Canada. Section 5 listed the founding provinces: Ontario, Quebec, Nova Scotia, and New Brunswick. The Act provided for the addition of further territories and provinces (under section 146 the Crown could admit Newfoundland, Prince Edward Island, British Columbia, the North-West Territory, and Rupert's Land). The federal-provincial division of powers was set out primarily in sections 91 (federal powers, 29 categories) and 92 (provincial powers, 16 categories), with concurrent powers for agriculture and immigration in section 95.

The federal Parliament's structure was set out in Part IV. The House of Commons (section 37) was based on representation by population, with 181 seats initially distributed among the four provinces. The Senate (section 21) had 72 seats appointed by the Governor General on the advice of the Prime Minister, with regional balance: 24 each from Ontario, Quebec, and the Maritimes (later expanded to include Western Canada and Newfoundland). The Governor General (section 9 and 10) exercised executive authority on behalf of the Crown. The Privy Council for Canada (section 11) advised the Governor General; in modern practice this means the Cabinet.

The Act addressed several other matters important to Canadian federalism. Section 93 protected denominational school rights for Catholic and Protestant minorities. Section 133 protected the use of English and French in Parliament and in Quebec courts. Section 121 prohibited interprovincial tariffs. Section 146 provided for the admission of additional provinces. The Act did not include a Bill of Rights or amending formula; constitutional amendments required action by the British Parliament until patriation in 1982. The BNA Act established the framework that has governed Canada for more than 150 years, with the Constitution Act, 1982 (which patriated the Constitution and added the Charter of Rights and Freedoms) and various amendments and judicial decisions filling out the structure.