British North America Act
The constitution of the Dominion; the Act
by which the scattered colonies of British North America were united in
one Confederation. Drafted at the Quebec Conference, 1864; discussed and
passed in the form of resolutions, in the Legislature of Canada, 1865;
put in final shape at the Westminster Conference, 1866; passed by the
Imperial Parliament, and proclaimed, 1867. The essential feature of this
Act, and that which d
stinguishes it most clearly from the Constitution
of the United States, is the provision that all matters not specifically
assigned to the provinces belong to the Dominion, the reverse being the
case under the United States Constitution. Broadly speaking, the Act
gives the Dominion exclusive jurisdiction over the regulation of trade
and commerce, the postal service, customs and inland revenue, military
and naval service, navigation and shipping, currency and coinage,
banking, weights and measures, patents and copyrights, naturalization,
Indians. To the provinces it gives exclusive jurisdiction over direct
taxation, management and sale of public lands, timber, provincial
prisons, hospitals, asylums, etc., municipal institutions,
administration of justice, education. =Index=: (Sir John A Macdonald era) Conference in
London--Macdonald's letter to Tilley, 125-126; the sixty-nine
resolutions passed, 126; draft bill drawn up--completed bill submitted
to House, and received royal assent, March 29, 1867, 127; royal
proclamation fixes July 1 as date upon which it should come into force,
127; opposition develops in Maritime Provinces, 129; provides for
Intercolonial Railway, 151; and acquisition of North-West Territories,
156; question of legislative union, 245; federal system introduced by,
250; provincial rights under, 253; the franchise, 258. (Sir Georges E. Cartier era) Delegation
sent to London to see it through Parliament, 67; proposal to amend it in
the interests of the New Brunswick Roman Catholics, 77, 82; strained
relations of Macdonald and Cartier over terms of, 102-103. (Joseph Howe era) Passed by
Imperial Parliament, 192; opposed by Joseph Howe, 192; its repeal sought
by Nova Scotia Anti-Confederates, 204. (Tilley era) Quietly received in New
Brunswick, 127. =Bib.=: Bourinot, Constitution of Canada; Houston,
Constitutional Documents; Doutre, Constitution of Canada; Munro,
Constitution of Canada; Ashley, Constitutional History of Canada;
Gooch, Manual of the Constitution of Canada; Howland, The New Empire;
Confederation Debates, 1865; Pope, Confederation Documents.