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The following is a list of statutes, Orders-in-Council and Statutory Instruments that form the Constitution of Canada.
According to section 52(2) of the Constitution Act, 1982, the Constitution of Canada includes the Canada Act 1982 (which, itself, includes the Constitution Act, 1982), a number of documents included in the schedule to the act, as well as any ammendments to the previously defined constitutional documents.
- Act of Settlement, 1701
- An act of the United Kingdom. Defines the royal succession. While this document was not included in the schedule to the Constitution Act, 1982, it was established in O'Donohue v. Canada that this document has constitutional status.
- Constitution Act, 1867
- Formerly British North America Act, 1867, an act of the United Kingdom. United the provinces of Canada (being split into the post-confederation provinces of Ontario and Quebec), New Brunswick, and Nova Scotia into one federal dominion.
- Manitoba Act, 1870
- Formerly An Act to amend and continue the Act 32-33 Victoria chapter 3; and to establish and provide for the Government of the Province of Manitoba, 1870. Created the province of Manitoba.
- Rupert's Land and North-Western Territory Order
- Formerly Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the union, dated the 23rd day of June, 1870. Royal order adding Rupert's Land and the North-Western Territory to Canada.
- British Columbia Terms of Union
- Formerly Order of Her Majesty in Council admitting British Columbia into the Union, dated the 16th day of May, 1871. Admitted the colony of British Columbia into the union.
- Constitution Act, 1871
- Formerly British North America Act, 1871, an act of the United Kingdom. Gave parliament the power to create new provinces out of Canada's territories, as well as make law for territories not currently part of a province.
- Prince Edward Island Terms of Union
- Formerly Order of Her Majesty in Council admitting Prince Edward Island into the Union, dated the 26th day of June, 1873. Admitted the colony of Prince Edward Island into the union.
- Parliament of Canada Act, 1875
- Formerly an act of the United Kingdom. Amended the Constitution Act, 1867 to clarify the powers of Canada's parliament to create legislation defining the "privileges, immunities, and powers to be held, enjoyed, and exercised" by its members.
- Adjacent Territories Order
- Formerly Order of Her Majesty in Council admitting all British possessions and Territories in North America and islands adjacent thereto into the Union, dated the 31st day of July, 1880. Annexed all remaining British territories in and around North America (with the exception of the colony of Newfoundland) to Canada.
- Constitution Act, 1886
- Formerly British North America Act, 1886, an act of the United Kingdom. Allowed for representation in the House of Commons and Senate for citizens living in the territories.
- Canada (Ontario Boundary) Act, 1889
- Formerly an act of the United Kingdom. Extended the boundaries of the province of Ontario.
- Alberta Act
- Formerly The Alberta Act, 1905. Created the province of Alberta.
- Saskatchewan Act
- Formerly The Saskatchewan Act, 1905. Created the province of Saskatchewan.
- Constitution Act, 1907
- Formerly British North America Act, 1907, an act of the United Kingdom. Made changes to the amounts paid from the federal government to the provincial governments.
- Constitution Act, 1915
- Formerly British North America Act, 1915, an act of the United Kingdom. Amended the Constitution Act, 1867 to restructure the number of Senators.
- Constitution Act, 1930
- Formerly British North America Act, 1930, an act of the United Kingdom. Enacted several agreements between the federal government and the governments of British Columbia, Alberta, Saskatchewan, and Manitoba, which transfered rights to certain natural resources to the provinces.
- Statute of Westminster, 1931
- Formerly an act of the United Kingdom. Cut most legislative ties between the United Kingdom and its dominions (including Canada).
- Constitution Act, 1940
- Formerly British North America Act, 1940, an act of the United Kingdom. Amended the Constitution Act, 1867 to give the federal government jurisdiction over unemployment insurance.
- Newfoundland Act
- Formerly British North America Act, 1949, an act of the United Kingdom. Admitted the Dominion of Newfoundland into the union.
- Constitution Act, 1960
- Formerly British North America Act, 1960, an act of the United Kingdom. Amended the Constitution Act, 1867 to limit the term of superior court judges to 75 years of age (previously for life).
- Constitution Act, 1964
- Formerly British North America Act, 1964, an act of the United Kingdom. Amended the Constitution Act, 1867 to give the federal government power to create laws affecting old age pensions.
- Constitution Act, 1965
- Formerly British North America Act, 1965. Amended the Constitution Act, 1867 to limit the term of senators to 75 years of age (previously for life).
- Constitution Act, 1974
- Formerly British North America Act, 1974. Amended the Constitution Act, 1867 to alter the distribution formula for seats in the House of Commons.
- Constitution Act (No. 1), 1975
- Formerly British North America Act, 1975. Amended the Constitution Act, 1867 to give the Yukon Territory, and the Northwest Territories, seats in the House of Commons.
- Constitution Act (No. 2), 1975
- Formerly British North America Act (No. 2). Amended the Constitution Act, 1867 to give the Yukon Territory, and the Northwest Territories, seats in the Senate.
- Canada Act 1982
- An act of the United Kingdom. Patriated the Canadian Constitution. Cut all remaining legislative ties with the United Kingdom.
- Constitution Act, 1982
- Included as a schedule to the Canada Act 1982. Includes an entrenched set of civil rights guarantees (the Canadian Charter of Rights and Freedoms). Sets the process for ammending the constitution. Modernized the constitution by renaming and repealing several documents, as well as formally defining which documents have constitutional status.
- Constitution Amendment Proclamation, 1983
- Amends the Constitution Act, 1982 to entrench certain rights of Canada's aboriginal peoples. Commits the government to consult aboriginal groups before making constitutional changes that affect their rights.
- Constitution Act, 1985 (Representation)
- Amends the Constitution Act, 1867, altering the distribution formula for seats in the House of Commons.
- Constitution Amendment, 1987
- Amends the Newfoundland Act, adding rights to the denominational schools of Pentecostal Assemblies of Newfoundland.
- Constitution Amendment, 1993 (New Brunswick)
- Amends the Constitution Act, 1982 to guarantee equality to the English and French communities in New Brunswick.
- Constitution Amendment, 1993 (Prince Edward Island)
- Amends the Prince Edward Island Terms of Union to clarify the right of the province to charge tolls for the use of a bridge joining the island to the mainland.
- Constitution Amendment, 1997 (Newfoundland Act)
- Amends the Newfoundland Act, allowing the provincial government some control over the denominational schools in the province.
- Constitutional Amendment, 1999 (Québec)
- Amends the Constitution Act, 1867, exempting Quebec from the section relating to the organization of schools. Allows Quebec sole authority to determine how the education system is organized.
- Constitution Amendment, 1998 (Newfoundland Act)
- Constitution Act, 1999 (Nunavut)
- Constitution Amendment, 2001 (Newfoundland and Labrador)
- Rupert's Land Act, 1868- annexation of Rupert's Land territory
- Temporary Government of Rupert's Land Act, 1869- creation of Northwest Territories
- Statute Law Revision Act, 1893
- Canadian Speaker (Appointment of Deputy) Act, 1895, Session 2 (Repealed by the Constitution Act, 1982)- acceptance of the constitutional validity of the post of deputy speaker
- Yukon Territory Act, 1898- creation of Yukon Territory
- British North America Act, 1916 (Repealed by Statute Law Revision Act, 1927)
- Statute Law Revision Act, 1927
- British North America Act, 1943 (Repealed by the Constitution Act, 1982)
- British North America Act, 1946 (Repealed by the Constitution Act, 1982)
- Letters Patent Constituting the Office of Governor General of Canada- Order delegating many of the political powers of the Crown over Canada to the Governor General
- British North America Act 1949 (Repealed by the Constitution Act, 1982)
- Statute Law Revision Act, 1950
- British North America Act, 1951 (Partially repealed by the Constitution Act, 1964, Repealed by the Constitution Act, 1982)
- British North America Act, 1952 (Repealed by the Constitution Act, 1982)
- Miscellaneous Statute Law Revision Act, 1977
External links
[edit]- Canadian Constitutional Documents at the Salon Law Archive
- Constitution Act, 1867 (Consolidated with amendments)
- Constitution Act, 1982 (Consolidated with amendments)