Search for "British North America Act"

Displaying 1-20 of 26 results
Article

Constitution Act, 1867

The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It was renamed the Constitution Act, 1867 with the patriation of the Constitution in 1982.

Article

Quebec Act, 1774

The Quebec Act received royal assent on 22 June 1774. It revoked the Royal Proclamation of 1763, which had aimed to assimilate the French-Canadian population under English rule. The Quebec Act was put into effect on 1 May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. Based on recommendations from Governors James Murray and Guy Carleton, the Act guaranteed the freedom of worship and restored French property rights. However, the Act had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts” by the Thirteen American Colonies, the Quebec Act was one of the direct causes of the American Revolutionary War (1775–83). It was followed by the Constitutional Act in 1791.

This is the full-length entry about the Quebec Act of 1774. For a plain language summary, please see The Quebec Act, 1774 (Plain-Language Summary).

Article

Durham Report

In 1838, the British politician Lord Durham was sent to British North America to investigate the causes of the rebellions of 1837–38 in the colonies of Upper and Lower Canada. Durham's famous Report on the Affairs of British North America (1839) led to a series of reforms and changes. These included uniting the two Canadas into a single colony, the Province of Canada, in 1841. (See also: Act of Union.) The report also paved the way for responsible government. This was a critical step in the development of Canadian democracy. The report played an important role in the evolution of Canada’s political independence from Britain.

Article

Quebec Conference, 1864

From 10–27 October 1864, politicians from the five British North American colonies gathered in Quebec City to continue discussing their unification into a single country. These discussions began at the Charlottetown Conference the previous month. The most important issues decided in Quebec City were the structure of Parliament and the distribution of powers between the federal and provincial governments. The broad decisions from the Charlottetown and Quebec conferences were made into 72 resolutions, known as the Quebec Resolutions. These formed the basis of Confederation and of Canada’s Constitution.

Article

Reciprocity

Reciprocity was a free trade agreement between the United States and Canada. It mutually reduced import duties and protective tariffs on certain goods exchanged between the two countries. It was in effect from 1854 to 1866 and was controversial at times on both sides of the border. It was replaced in 1878 by the Conservative Party’s protectionist National Policy. It involved levying tariffs on imported goods to shield Canadian manufacturers from American competition. A narrower reciprocity agreement was introduced in 1935 and expanded in 1938. However, it was suspended in 1948 after both countries signed the General Agreement on Tariffs and Trade (GATT).

Article

Manifest Destiny

The term Manifest Destiny was first used in 1845 by New York City journalist John Louis O’Sullivan. He used the term in the context of America’s annexation of the Republic of Texas. Manifest Destiny represented the idea that it was America’s right — its destiny, in fact — to expand across all of North America. Politicians and citizens in the United States called for the US to expand by claiming control of British territory. This included the Province of Canada (formerly Upper Canada and Lower Canada), New Brunswick and Nova Scotia.

Article

Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.

Article

Charlottetown Conference

The Charlottetown Conference set Confederation in motion. It was held from 1–9 September 1864 in Charlottetown, with additional meetings the following week in Halifax, Saint John and Fredericton. The conference was organized by delegates from New BrunswickNova Scotia and Prince Edward Island to discuss the union of their three provinces. They were persuaded by a contingent from the Province of Canada, who were not originally on the guest list, to work toward the union of all the British North American colonies. The Charlottetown Conference was followed by the Quebec Conference (10–27 October 1864) and the London Conference (December 1866–March 1867). They culminated in Confederation on 1 July 1867.

Article

Constitutional History of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federaland provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and politicalpressures facing Canadians, as well as their choices as a society.

Article

Responsible Government

Responsible government refers to a government that is responsible to the people. In Canada, responsible government is an executive or Cabinet that depends on the support of an elected assembly, rather than a monarch or their representatives. A responsible government first appeared in Canada in the 1830s. It became an important part of Confederation. It is the method by which Canada achieved independence from Britain without revolution.

Article

Confederation's Opponents

Opposition to Confederation has existed since a union of British North Americancolonies was first proposed in the late 1840s. In the eastern parts of the country, opponents generally feared that Confederation would strip power from the provincesand hand it to the federal government; or that it would lead to higher taxes and military conscription. Many of these opponents ultimately gave up and even served in the Canadian government. In the West, Indigenous peoples in the Red River Colonywere never asked if they wanted to join Confederation. Fearing for their culture and land rights under Canadian control, they mounted a five-month insurgency against the government. Many Quebec nationalistshave long sought to separate from Confederation, either through the extreme measures of the Front de libération du Québec (FLQ), or through referenda in 1980 and 1995.

Editorial

Editorial: The Statute of Westminster, Canada's Declaration of Independence

In the fall of 1929, Canada’s Minister of Justice, Ernest Lapointe, travelled to England. He took with him Dr. Oscar Skelton — the “elder statesman” of the Canadian civil service, as William Lyon Mackenzie Kingonce described him. When Lapointe and Skelton were done their negotiations, they had confirmed that Canada would have its independence from the British Empire.

Article

Chinese Head Tax in Canada

The Chinese head tax was enacted to restrict immigration after Chinese labour was no longer needed to build the Canadian Pacific Railway. Between 1885 and 1923, Chinese immigrants had to pay a head tax to enter Canada. The tax was levied under the Chinese Immigration Act (1885). It was the first legislation in Canadian history to exclude immigration on the basis of ethnic background. With few exceptions, Chinese people had to pay at least $50 to come to Canada. The tax was later raised to $100, then to $500. During the 38 years the tax was in effect, around 82,000 Chinese immigrants paid nearly $23 million in tax. The head tax was removed with the passing of the Chinese Immigration Act in 1923. Also known as the Chinese Exclusion Act, it banned all Chinese immigrants until its repeal in 1947. In 2006, the federal government apologized for the head tax and its other racist immigration policies targeting Chinese people.

Article

Chinese Immigration Act

The Chinese Immigration Act of 1923, known also as the Chinese Exclusion Act, banned the entry of virtually all Chinese immigrants for 24 years. Although migration into Canada from most countries was controlled or restricted in some way, only Chinese people were singled out completely from entering on the basis of race. The four exceptions to the exclusion were students, merchants (excluding laundry, restaurant and retail operators), diplomats and Canadian-born Chinese returning from education in China. The limit on absence from Canada was two years, and the consequence for not returning on time was being barred re-entry. Additionally, every person of Chinese descent, whether Canadian-born or naturalized, was required to register for an identity card within 12 months. The penalty for noncompliance was imprisonment or a fine of up to $500. Though the Act was repealed in 1947, immigration restrictions on the basis of race and national origin were not fully scrubbed until 1967.

Article

War Measures Act

The War Measures Act was a federal law adopted by Parliament on 22 August 1914, after the beginning of the First World War. It gave broad powers to the Canadian government to maintain security and order during “war, invasion or insurrection.” It was used, controversially, to suspend the civil liberties of people in Canada who were considered “enemy aliens” during both world wars. This led to mass arrests and detentions without charges or trials. The War Measures Act was also invoked in Quebec during the 1970 October Crisis. The Act was repealed and replaced by the more limited Emergencies Act in 1988.

Article

North-West Mounted Police

The North-West Mounted Police (NWMP) was the forerunner of Canada's iconic Royal Canadian Mounted Police. Created after Confederation to police the frontier territories of the Canadian West, the NWMP ended the whiskey trade on the southern prairies and the violence that came with it, helped the federal government suppress the North-West Rebellion, and brought order to the Klondike Gold Rush. The NWMP pioneered the enforcement of federal law in the West, and the Arctic, from 1873 until 1920.

Article

Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

(This article is a plain-language summary of Enfranchisement. If you are interested in reading about this topic in more depth, please see our full-length entry Enfranchisement).

Article

Constitutional Act, 1791

The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

Article

Manitoba and Confederation

Canada’s fifth province, Manitoba entered Confederation with the passing of the Manitoba Acton 12 May 1870. The AssiniboineDakotaCree and Dene peoples had occupied the land for up to 15,000 years. Since 1670, it was part of Rupert’s Landand was controlled by the Hudson’s Bay Company. The Canadian government purchased Rupert’s Land at the behest of William McDougall, Manitoba’s Father of Confederation. No residents of the area were consulted about the transfer; in response, Louis Rieland the Métis led the Red River Rebellion. It resulted in an agreement to join Confederation. Ottawa agreed to help fund the new provincial government, give roughly 1.4 million acres of land to the Métis, and grant the province four seats in Parliament. However, Canada mismanaged its promise to guarantee the Métis their land rights. The resulting North-West Rebellion in 1885 led to the execution of Riel. The creation of Manitoba — which, unlike the first four provinces, did not control its natural resources — revealed Ottawa’s desire to control western development.