Constitution Act, 1886

British North America Act 1886
Act of Parliament
	Parliament of the United Kingdom
Long title	An Act respecting the representation in the Parliament of Canada of territories which for the time being form part of the Dominion of Canada, but are not included in any province.
Citation	49 & 50 Vict c. 35
Territorial extent	Canada
Dates
Royal assent	25 June 1886
Commencement	25 June 1886
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Constitution Act, 1886 (UK), 58 & 59 Vict, c 35, (the Act) is an Act of the Parliament of the United Kingdom and forms part of the Constitution of Canada.^[1] It was originally known as the British North America Act, 1886, but it was renamed Constitution Act, 1886 by the Constitution Act, 1982.^[2]

Section 1 of the Constitution Act, 1886 provides that "the Parliament of Canada may...make provision for the representation in the Senate and House of Commons, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any Province thereof."

Section 2 of the Constitution Act, 1886 clarifies that Parliament can, by providing for the representation of the territories in the Senate, increase the normal and maximum total number of Senators under the Constitution Act, 1867,^[3] and, by providing for the representation of the territories in the House of Commons, increase the number of members of the House of Commons.^[4] Section 2 also retroactively validates an 1886 law providing for the representation of the Northwest Territories in the House of Commons.^[5]

^ Constitution Act, 1982, s 52(2)(b) and Schedule, Item 9.
^ Constitution Act, 1982, s 53 and Schedule, Item 9; Constitution Act, 1886, s 3.
^ The maximum total number of Senators under section 28 of the Constitution Act, 1867 (presently 113) is the normal number set out in sections 21 and 22 (presently 105) plus the eight Senators who can be appointed by the Governor General on the advice of the Prime Minister and with the approval of the King of Canada under section 26.
^ The maximum number of members of the House of Commons is 338. The minimum number of members of the House of Commons is equivalent the number of Senators by virtue of section 51A of the Constitution Act, 1867 and paragraph 41(b) of the Constitution Act, 1982. The current number of members is determined under section 51 of the Constitution Act, 1867 and the Electoral Boundaries Readjustment Act, RSC 1985, c E-3 and is set out in the Proclamation Declaring the Representation Order to be in Force Effective on the First Dissolution of Parliament that Occurs after May 1, 2014 (SI/2013-102). Once Parliament is dissolved after April 22, 2024, the maximum number of members of the House of Commons will be 343, as set out in the Proclamation Declaring the Representation Orders to be in Force Effective on the First Dissolution of Parliament that Occurs after April 22, 2024 (SI/2023-57).
^ An Act respecting the representation of the North-West Territories in the Senate of Canada, SC 1887, c 3, s 1.

[1] Constitution Act, 1982, s 52(2)(b) and Schedule, Item 9.

[2] Constitution Act, 1982, s 53 and Schedule, Item 9; Constitution Act, 1886, s 3.

[3] The maximum total number of Senators under section 28 of the Constitution Act, 1867 (presently 113) is the normal number set out in sections 21 and 22 (presently 105) plus the eight Senators who can be appointed by the Governor General on the advice of the Prime Minister and with the approval of the King of Canada under section 26.

[4] The maximum number of members of the House of Commons is 338. The minimum number of members of the House of Commons is equivalent the number of Senators by virtue of section 51A of the Constitution Act, 1867 and paragraph 41(b) of the Constitution Act, 1982. The current number of members is determined under section 51 of the Constitution Act, 1867 and the Electoral Boundaries Readjustment Act, RSC 1985, c E-3 and is set out in the Proclamation Declaring the Representation Order to be in Force Effective on the First Dissolution of Parliament that Occurs after May 1, 2014 (SI/2013-102). Once Parliament is dissolved after April 22, 2024, the maximum number of members of the House of Commons will be 343, as set out in the Proclamation Declaring the Representation Orders to be in Force Effective on the First Dissolution of Parliament that Occurs after April 22, 2024 (SI/2023-57).

[5] An Act respecting the representation of the North-West Territories in the Senate of Canada, SC 1887, c 3, s 1.

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