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1886 Constitution Act

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1886 Constitution Act

Date: 1866

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The Constitution Act, 1886 (UK), also known as the British North America Act, 1886, was a British statute that amended the British North America Act, 1867, which established the Dominion of Canada as a federal state. The Act of 1886 made several important changes to the constitutional structure of Canada, including:

Expansion of the Dominion of Canada: The Act added three new provinces to the Dominion of Canada: Manitoba, the Northwest Territories, and the province of British Columbia.

Federal control over natural resources: The Act granted the federal government exclusive control over the natural resources in the Northwest Territories, a power that had previously been held by the provinces.

Extension of the franchise: The Act extended the right to vote to certain groups, such as First Nations people and women, who had previously been excluded from the franchise.

Establishment of the Supreme Court of Canada: The Act established the Supreme Court of Canada as the country's final court of appeal, with the power to hear appeals from provincial and territorial courts.

The Constitution Act, 1886 (UK) remains an important part of Canadian constitutional law, and its provisions have been incorporated into the Constitution Act, 1982, which is the current supreme law of Canada.

The Constitution Act, 1886 (The British North America Act, 1886) 49 and 50 Victoria, c. 35

An Act respecting the Representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada, but are not included in any Province.

[25th June, 1886]

Whereas it is expedient to empower the Parliament of Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any Province: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows: 1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any Province thereof. 2. Any Act passed by the Parliament of Canada before the passing of this Act for the purpose mentioned in this Act, shall, if not disallowed by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor-General of Canada. It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purposes mentioned in this Act, or in The British North America Act, 1871, has effect, notwithstanding anything in The British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories in Canada. 3. This Act, and The British North America Act, 1867, and The British North America Act, 1871, shall be construed together, and may be cited together as The British North America Acts, 1867 to 1886. 3. This Act may be cited as The Constitution Act, 1886.

N.B. : Section 3 (in italics) was replaced with the new section by the Constitution Act, 1982.


Cite Article : www.canadahistory.com/sections/documents

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Reference: Article by (Staff Historian), 2023

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