Skip to main content

The British North America Act, 1867

The British North America Act, 1867, was the British law (also called a statute) that created​ Canada​ and provided it with its basic constitutional functions. It formally united the colonies entering Confederation and established federalism - meaning the distribution of powers between the federal Parliament and the provincial legislatures. The British North America Act also provided the framework for admitting all of the other British North American colonies and territories into Canada.

In contrast to the authors of the American constitution, Canada’s Fathers of Confederation never contemplated independence from Britain. In fact, as a British statute, the British North America Act could only be changed by the Parliament of the United Kingdom.

The United Kingdom was active in its support of Canadian Confederation. Following two invasions by Americans into the province of Canada in 1775 and 1812, the United Kingdom grew increasingly concerned about the cost and effectiveness of Canadian military preparedness. Canada’s vulnerability and unwillingness to increase taxes for its own self-defe​nce led the United Kingdom to conclude that British North America should unite to defend itself against American interests.​​

Did You Know?

In 1982, as part of the patriation of Canada's constitution from the British Parliament, the British North America Act was renamed to the C​onstitution Act, 1867.