Search for "Act of Parliament"

The derivation of the three Christian holidays needs no explanation. New Year's Day, January 1, marks the beginning of the new year.

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

The Statute of Westminster is a British law that was passed on 11 December 1931. It was Canada’s all-but-final achievement of independence from Britain. It enacted recommendations from the Balfour Report of 1926, which had declared that Britain and its Dominions were constitutionally “equal in status.” The Statute of Westminster gave Canada and the other Commonwealth Dominions legislative equality with Britain. They now had full legal freedom except in areas of their choosing. The Statute also clarified the powers of Canada’s Parliament and those of the other Dominions. (See also Editorial: The Statute of Westminster, Canada’s Declaration of Independence.)

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

The term Member of Parliament (MP) refers to individuals elected to represent a single federal electoral district (or “riding”) in the House of Commons. As elected representatives, MPs have three main duties: legislating in Parliament, representing their riding and political party, and serving their constituents’ needs. MPs occupy different roles and levels of influence in government. They hold office until Parliament is dissolved — typically four year terms — and can serve infinite mandates, so long as they are re-elected. Any Canadian citizen who is at least 18 years old on election day can run for office. Most MPs are elected as a member of a political party, but some may campaign and sit as independents. There are 338 seats for Members of Parliament in the House of Commons.

Confederation refers to the process of federal union in which the British North American colonies of Nova Scotia, New Brunswick and the Province of Canada joined together to form the Dominion of Canada. The term Confederation also stands for 1 July 1867, the date of the creation of the Dominion. (See also Canada Day.) Before Confederation, British North America also included Newfoundland, Prince Edward Island, British Columbia, and the vast territories of Rupert’s Land (the private domain of the Hudson’s Bay Company) and the North-Western Territory. Beginning in 1864, colonial politicians (now known as the Fathers of Confederation) met and negotiated the terms of Confederation at conferences in Charlottetown, Quebec City and London, England. Their work resulted in the British North America Act, Canada’s Constitution. It was passed by the British Parliament. At its creation in 1867, the Dominion of Canada included four provinces: Nova Scotia, New Brunswick, Quebec and Ontario. Between then and 1999, six more provinces and three territories joined Confederation.

(This is the full-length entry about Confederation. For a plain language summary, please see Confederation (Plain Language Summary).)

In a monarchy, the Crown is an abstract concept or symbol that represents the state and its government. In a constitutional monarchy such as Canada, the Crown is the source of non-partisan sovereign authority. It is part of the legislative, executive and judicial powers that govern the country. Under Canada’s system of responsible government, the Crown performs each of these functions on the binding advice, or through the actions of, members of Parliament, ministers or judges. As the embodiment of the Crown, the monarch — currently Queen Elizabeth II — serves as head of state. The Queen and her vice-regal representatives — the governor general at the federal level and lieutenant-governors provincially — possess what are known as prerogative powers; they can be made without the approval of another branch of government, though they are rarely used. The Queen and her representatives also fulfill ceremonial functions as Head of State.

Stornoway is the official residence of Canada’s federal leader of the Opposition. It is located at 541 Acacia Ave in the village of Rockcliffe Park in Ottawa. Purchased in 1950 by a private trust, Stornoway has been owned by the Government of Canada since 1970 and managed by the National Capital Commission since 1986. 

The Senate is the Upper House of Canada’s Parliament. Its 105 members are appointed and hold their seats until age 75. The Senate’s purpose is to consider and revise legislation; investigate national issues; and most crucially according to the Constitution, give the regions of Canada an equal voice in Parliament. The Senate is a controversial institution. It has long been regarded by many Canadians as a place of unfair patronage and privilege. An unresolved debate continues about whether it should be reformed into an elected body accountable to the voters, or abolished.

Distribution of powers refers to the division of legislative powers and responsibilities between the federal and provincial governments. The areas of distribution were first outlined at the Quebec Conference in 1864 (see Quebec Resolutions) and are enshrined in the Constitution Act, 1867. They have been a source of debate and tension between the provinces and the federal government for generations. (See Federal-Provincial Relations.) However, this part of the Constitution has remained remarkably unchanged since Confederation.

In Canada, the leader of the Opposition is the leader of the largest political party sitting in opposition to the federal government (in other words, the party with the second-largest number of seats in the House of Commons). The formal title is “Leader of Her Majesty's Loyal Opposition.” This title reflects the Westminster system of government found in many Commonwealth countries whose political roots can be traced to the United Kingdom.

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. (See Patriation of the Constitution.)

The financial activities of political parties in Canada were largely unregulated until the Election Expenses Act was passed in 1974. Canada now has an extensive regime regulating federal political party financing; both during and outside of election periods. Such regulation encourages greater transparency of political party activities. It also ensures a fair electoral arena that limits the advantages of those with more money. Political parties and candidates are funded both privately and publicly. Election finance laws govern how parties and candidates are funded; as well as the ways in which they can spend money. (See also Canadian Electoral System.)

Agnes Campbell Macphail, politician, reformer (born 24 March 1890 in Proton Township, Grey County, ON; died 13 February 1954 in Toronto, ON). Agnes Macphail was the first woman elected to the House of Commons (1921–40) and was one of the first two women elected to the Ontario legislature (1943–45, 1948–51). She was also the first female member of a Canadian delegation to the League of Nations. Macphail was a founding member of the Co-operative Commonwealth Federation (the forerunner of the New Democratic Party). She was a noted pacifist and an advocate for prison reform. As a member of the Ontario legislature, she championed Ontario’s first equal pay legislation (1951).

Upper Canada was the predecessor of modern-day Ontario. It was created in 1791 by the division of the old Province of Quebec into Lower Canada in the east and Upper Canada in the west. Upper Canada was a wilderness society settled largely by Loyalists and land-hungry farmers moving north from the United States. Upper Canada endured the War of 1812 with America, William Lyon Mackenzie’s Rebellion of 1837, the colonial rule of the Family Compact and half a century of economic and political growing pains. With the Act of Union in 1841, it was renamed Canada West and merged with Lower Canada (Canada East) into the Province of Canada.

The prime minister (PM) is the head of the federal government. It is the most powerful position in Canadian politics. Prime ministers are not specifically elected to the position; instead, the PM is typically the leader of the party that has the most seats in the House of Commons. The prime minister controls the governing party and speaks for it; names senators and senior judges for appointment; and appoints and dismisses all members of Cabinet. As chair of Cabinet, the PM controls its agenda and greatly influences the activities and priorities of Parliament. In recent years, a debate has emerged about the growing power of prime ministers, and whether this threatens other democratic institutions.

The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It was renamed the Constitution Act, 1867 with the patriation of the Constitution in 1982.