British North America Act

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British North America Act,

law passed by the British Parliament in 1867 that provided for the unification of the Canadian provinces into the dominion of Canada. Until 1982 the act also functioned as the constitution of Canada. The act enumerated the powers of the provincial legislatures and gave the residual powers to the dominion; its interpretation by the privy council somewhat nullified this design by giving a very extended scope to the provincial power of "property and civil rights," and developing a doctrine of "emergency powers" to give the dominion the authority needed by a national government in time of war. This act was superseded by the Canada ActCanada Act,
also called the Constitutional Act of 1982, which made Canada a fully sovereign state. The British Parliament approved it on Mar. 25, 1982, and Queen Elizabeth II proclaimed it on Apr. 17, 1982.
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 of 1982.
References in periodicals archive ?
McConnell noted in his Commentary on the British North America Act (Toronto: Macmillan, 1977), this could have applied, for example, to a hypothetical senator from the prairies in the 1930s, who applied for creditor relief under the Farmers' Creditors Arrangement Act.
While not foregoing about or taking away from their importance other significant changes which do not require provincial consent--such as creating an appointments commission or establishing a convention where by the Prime Minister shares Senate appointments with the Leader of the Opposition and appoints independent senators as well--the recommendations set out in this paper to revise the antiquated sections of the old British North America Act are much more modest.
As Britain's Colonial Secretary he has shepherded the British North America Act through the House of Lords.
17) Rowell also argued that the Dominion Elections Act of 1920 had quoted the Interpretation Act when it declared that the word "persons" in Section 41 of the British North America Act must be interpreted to include females.
The British North America Act gives the federal government most of the power, with the province having defined, limited powers.
Upon receipt of the invoice, the Quebec government refused to pay, citing a section of the British North America Act of 1 867, Section 91 (24), which placed "Indians and Lands Reserved for Indians" under Federal jurisdiction.
Lee starts with an examination of Parliament's role as Grand Inquest of the Nation, a role exported from the United Kingdom to Canada in the British North America Act of 1867, although the role was claimed by legislatures in Canada before that date.
In compliance with the terms of the British North America Act of 1867, a system of Catholic education was guaranteed in the 1905 acts creating the provinces of Saskatchewan and Alberta.
There is a need to revisit the instruments of our relations with the Crown, the Royal Proclamation of 1763, the treaties, the British North America Act (1867), the Constitution Act (1982).
The issue that is causing so much trouble is finding a means of amending the Constitution, which is the British North America Act of 1867.
Premier Gordon Campbell sued to have the Supreme Court of British Columbia rule the Nisga'a agreement was unconstitutional, and lost, he announced he would drop his appeal of the decision, admitting with that action that he was wrong to say that the British North America Act (1867) had extinguished the inherent right of Aboriginal self government by dividing powers between the federal and provincial levels of government.
Back when religion meant something, both Catholics and Protestants in Quebec were given constitutional guarantees to denominational schools and school boards under the British North America Act.

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