The BNA Act
Overview of the BNA Act
- The BNA (British North American Act).
- Effective on July 1, 1867.
- A series of laws that makes up the constitution.
- Over the years there have been thirteen BNA Acts.
- Canada was not allowed to change the constitution, without
permission from the British Parliament, until the
amending formula was created.
The BNA Act
The first written constitution of Canada, the act of confederation
officially called the BNA act became effective as of July 1, 1867.
The British North American Act (BNA Act) is the law passed by the
British Parliament. It is the key piece of legislation on which
today's Canadian constitution is built, however it is also based on
older pieces of legislation such as the Quebec Act of 1774, the
constitutional rulings of the Imperial Privy Council and since 1982 a
Charter of Rights and Freedom and an
amending formula.
The BNA Act
was created in the British House of Commons, so it could only be
changed by the British Parliament and not by the government of Canada.
Even though Canada was on its own it could not change its own
constitution. The lack of control over decision making and
constitutional change lasted for Canada's first century as a nation.
The new country consisted of New Brunswick, Nova Scotia, Quebec and
Ontario. As time went by new provinces were added. Prince Edward
Island and British Columbia were added by the acts of the British
Parliament. Other provinces such as Manitoba, Saskatchewan and
Alberta became part of Canada by an act of the Canadian Parliament,
but even in the case Canada had to get approval from the British
Parliament. Without an amending formula Canada could not even
enlarge its territories without asking permission.
Canada also looked for ways of becoming more independent in External
Affairs. From the 1880's to the 1920's Canada took many advantages to
act as a sovereign country. In 1923 Canada signed its first treaty
without a British countersignature the Halibut Treaty with the U.S.A.
This is one of the examples, which brought Canada closer to
controlling its constitution.
Copyright © 1998, Phil C. & Hussein B.