This new nation was originally only four provinces: It also established the constitution which determines the structure of the government and procedures for creating law in Canada.
Preamble to the Constitution Act, The Act begins with a preamble that declares that the three provinces New BrunswickNova Scotia and the Province of Canada which would become Ontario and Quebec have requested to form "one Dominion As Peter Hogg wrote in Constitutional Law of Canada, some have argued that since the United Kingdom had some freedom of expression inthe preamble extended this right to Canada even before the Bna act of confederation of the Canadian Charter of Rights and Freedoms in ; this was a supposed basis for the Implied Bill of Rights.
Nova Scotia the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its decision on the preamble. Moreover, since the UK had a tradition of judicial independencethe Supreme Court ruled in the Provincial Judges Reference of that the preamble shows judicial independence in Canada is constitutionally guaranteed.
Political scientist Rand Dyck has criticized the preamble, saying it is "seriously out of date". He claims the Constitution Act, "lacks an inspirational introduction". The Charter also has a preamble. Part I consists of just two sections. Section 2 indicates that all references to the Queen then Victoria equally apply to all her heirs and successors.
Part II "Union"[ edit ] Main article: Section 3 establishes that the union would take effect within six months of passage of the and Section 4 confirmed that "Canada" was the name of the new country and the word "Canada" in the rest of act refers to new federation and not the old province.
Section 5 lists the four provinces of the new federation. These are formed by dividing the former Province of Canada, into two; its two subdivisions, Canada West and Canada Eastwere renamed Ontario and Quebecrespectively, and became full provinces in Section 6.
Section 7 confirms that the boundaries of Nova Scotia and New Brunswick were not changed. And Section 8 provides that a national census of all provinces must be held every ten years. Part III "Executive Power"[ edit ] Section 9 confirms that all executive powers remain with the Queenas represented by the governor general or an administrator of the governmentas stated in Section Section 11 creates the Queen's Privy Council for Canada.
Section 12 states that the executive branches of the provinces continue to exist and their power is exercised through the lieutenant governorsand that the powers exercised by the federal government must be exercised through the governor general, either with the advice of the privy council or alone.
Section 13 defines the Governor-General in Council as the governor-general acting with the advice of the privy council. Section 14 allows the governor general to appoint deputies to exercises his powers in various parts of Canada.
The commander-in-chief of all naval armed forces in Canada continues with the Queen under Section Section 16 declares Ottawa the capital of the new federation. Section 18 defines the powers and privileges of the parliament as being no greater than those of the British parliament.
Section 19 states that Parliament's first session must begin six months after the passage of the and Section 20 holds that Parliament must hold a legislative session at least once every twelve months.
Senate of Canada At the time of the Union, there were 72 senators Section 21equally divided between three regions Ontario, Quebec, and the Maritime Provinces Section Section 23 lays out the qualifications to become a senator.
Senators are appointed by the governor general under Section 24 which until the judicial decision in Edwards v Canada AG was interpreted as excluding womenand the first group of senators was proclaimed under section Section 26 allows The Crown to add three or six senators at a time to the Senate, divided among the three regions, but according to section 27 no more senators can then be appointed until, by death or retirement, the number of senators drops below the regular limit.
The maximum number of senators was set at 78, in Section Senators were appointed for life at the timeunder Section 29, though they can resign under Section 30 and senators can be removed under the terms of section 31, in which case the vacancy can be filled by the governor general Section Section 33 gives the senate the power to rule on its own disputes over eligibility and vacancy.
The speaker of the senate is appointed and dismissed by governor general under Section Quorum for the Senate was initially set at 15 senators by Section 35, and voting procedures at set by Section House of Commons[ edit ] Main article: The House is summoned by the governor general under Section Section 39 forbids senators to sit in the commons.
Section 40 divides the provinces in electoral districts. Section 41 continues electoral laws and voting qualifications of the time, subject to later revision, and Section 42 gives the governor general the power to issue writs of election for the first election. Section 43 allows for by-elections.The British North America Acts – are a series of Acts at the core of the constitution of Canada.
Anti-Confederation Party; British North America Acts; Canadian federal election, This Act is not to be confused with the British North America Act, (see above).
The Constitution Act, (originally enacted as The British North America Act, , and referred to as the BNA Act), is a major part of Canada's Constitution.
The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The BNA Act was drafted by Canadians at the Quebec Conference on Canadian Confederation in and passed without amendment by the British Parliament in The BNA Act was signed by Queen Victoria on March 29, , and came into effect on July 1, The Constitution Act (also known as the The British North America Act, , or the BNA Act) formed the Canadian Confederation, making the three colonies into the four provinces of New Brunswick, Nova Scotia, Ontario and Quebec.
Known as the Fathers of Confederation, these leaders met and wrote a constitution for the new country, which had to be passed by the Parliament of the United Kingdom.
Once passed, it became known as the British North America Act, or the BNA Act. Major Conferences in the BNA Act of January 17, In the two decades following the act of Union in , the job of governing the Province of .