Constitution Act, 1871
(The British North America Act, 1871)
34 and 35 Victoria, c. 28
An Act respecting the establishment of Provinces in the Dominion
of Canada
[29th June, 1871]
Whereas doubts have been entertained respecting the powers of the
Parliament of Canada to establish Provinces in territories admitted,
or which may hereafter be admitted, into the Dominion of Canada, and
to provide for the representation of such Provinces in the said
Parliament, and it is expedient to remove such doubts, and to vest
such powers in the said Parliament:
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. This Act may be cited for all purposes as "The British
North America Act, 1871."
2. The Parliament of Canada may from time to time
establish new Provinces in any territories forming for the time
being part of the Dominion of Canada, but not included in any
Province thereof, and may, at the time of such establishment, make
provision for the constitution and administration of any such
Province, and for the passing of laws for the peace, order and good
government of such province, and for its representation in the said
Parliament.
3. The Parliament of Canada may from time to time, with
the consent of the Legislature of any Province of the said Dominion,
increase, diminish, or otherwise alter the limits of such Province,
upon such terms and conditions as may be agreed upon to by the said
Legislature, and may, with the like consent, make provision
respecting the effect and operation of any such increase or
diminution or alteration of territory in relation to any Province
affected thereby.
4. The Parliament of Canada may from time to time make
provision for the administration, peace, order and good government
of any territory not for the time being included in any Province.
5. The following Acts passed by the said Parliament of
Canada, and entitled respectively: "An Act for the temporary
government of Rupert's Land and the North-Western Territory when
united with Canada;" and "An Act to amend and continue the Act
thirty-two and thirty-three Victoria, chapter three, and to
establish and provide for the government of the Province of
Manitoba." shall be and be deemed to have been valid and effectual
for all purposes whatsoever from the date at which they respectively
received the assent, in the Queen's name, of the Governor-General of
the said Dominion of Canada.
6. Except as provided for by the third section of this
Act, it shall not be competent for the Parliament of Canada to alter
the provisions of the last mentioned Act of the said Parliament in
so far as it relates to the Province of Manitoba or any other Act
hereafter establishing new Provinces in the said Dominion, subject
always to the right of the Legislature of the Province of Manitoba
to alter from time to time the provisions of any law respecting the
qualification of electors and members of the Legislative Assembly,
and to make laws respecting elections in said Province.
