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The British North America Act. |
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The British North America Act, 1867 (BNA Act, 1867) was passed by the British Parliament in 1867. It is the law that created the Canadian Confederation. Many other Acts called British North America Act were later passed, amending the 1867 Act, or adding to it. A federation usually consists of at least two main levels of government - local states or provinces, and a federal government. Canada is no different. However, these levels can't share the same powers, as that would lead to direct competition and chaos. The BNA Act was passed to set the legal ground rules for Canada, and divvy up the powers between the provinces and the federal government. Section 91 of the BNA Act lists the powers the federal Parliament can exercise. Section 92 lists the powers of the Provincial Legislatures. Unless the parties agree otherwise, the federal government must not make laws dealing with matters of provincial jurisdiction, and vice versa. If one party does pass a law that intrudes on the jurisdiction of the other, the courts will strike it down. Some of the key areas of federal and provincial responsibility are:
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