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BNA Act


The British North America Acts 1867–1975 are the original names of a series of Acts at the core of the constitution of Canada. They were enacted by the Parliament of the United Kingdom and the Parliament of Canada. In Canada, some of the Acts were amended or repealed by the Constitution Act, 1982. The rest were renamed in Canada as the Constitution Acts. In the United Kingdom, those Acts that were passed by the British Parliament remain under their original names. The term "British North America" (BNA) refers to the British colonies in North America.

Canada dates its history as a country to the British North America Act, 1867, which came into effect on July 1, 1867. However, Canada was not established as fully independent, since the United Kingdom retained legislative control over Canada and full control over Canadian foreign policy. Canada did not have any foreign embassies until its first one was established in Washington, D.C., in 1931. Until 1949, changes to the British North America Acts could be made only by the British parliament. The British North America (No. 2) Act, 1949, gave the Parliament of Canada the power to make limited constitutional amendments, but full Canadian control over the constitution was not achieved until the passage of the Canada Act 1982. This long delay was in large part due to the inability to agree upon a procedure for making constitutional amendments that was acceptable to all of the provinces, in particular the Province of Quebec.

Because of this, all British North America Acts dated before 1949 were passed by the British Parliament, while some of those dated after 1949 were passed by the Canadian Parliament. When Canada patriated its constitution with the passage of the Canada Act of 1982, the existing British North America Acts were either repealed, or "modernized" and retitled as "Constitution Acts" in Canada.


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