Constitution Act, 1867 in the context of "Patriation"

Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it the world's second-largest country by area.

The major difference between a Canadian province and a territory is that provinces receive their power and authority from the Constitution Act, 1867 (formerly called the British North America Act, 1867). Territories are federal territories whose territorial governments have powers delegated to them by the Parliament of Canada. Powers are divided between the Government of Canada (the federal government) and the provincial governments by the Constitution Act, either exclusively or concurrently. A change to the division of powers between the federal government and the provinces requires a constitutional amendment. A similar change affecting the territories can be performed unilaterally by the government or Parliament of Canada.

The Constitution of Canada (French: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world.

The Constitution of Canada comprises core written documents and provisions that are constitutionally entrenched, take precedence over all other laws and place substantive limits on government action; these include the Constitution Act, 1867 (formerly the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms. The Constitution Act, 1867 provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom, recognizes Canada as a constitutional monarchy and federal state, and outlines the legal foundations of Canadian federalism.

Canadian Confederation (French: Confédération canadienne) was the process by which three British North American provinces—the Province of Canada, Nova Scotia, and New Brunswick—were united into one federation, called the Dominion of Canada, on July 1, 1867. This process occurred with the rising tide of Canadian nationalism that was then beginning to swell within these provinces and others. It reached fruition through the British North America Act, 1867 (today known as the Constitution Act, 1867) which had been based on resolutions agreed to by colonial delegates in the 1864 Quebec Conference, later finalized in the 1866 London Conference.

Upon Confederation, Canada consisted of four provinces: Ontario and Quebec, which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. The province of Prince Edward Island, which had hosted the first meeting to consider Confederation, the Charlottetown Conference, did not join Confederation until 1873. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current collection of ten provinces and three territories.

The Government of Canada (French: gouvernement du Canada), formally His Majesty's Government (French: Gouvernement de Sa Majesté), is the body responsible for the federal administration of Canada. The term Government of Canada refers specifically to the executive, which includes ministers of the Crown (together in the Cabinet) and the federal civil service (whom the Cabinet direct); it is corporately branded as the Government of Canada. There are over 100 departments and agencies, as well as over 300,000 persons employed in the Government of Canada. These institutions carry out the programs and enforce the laws established by the Parliament of Canada.

The federal government's organization and structure was established at Confederation, through the Constitution Act, 1867, wherein the Canadian Crown acts as the core, or "the most basic building block", of its Westminster-style parliamentary democracy. The monarch, King Charles III is head of state and is personally represented by a governor general (currently Mary Simon). The prime minister (currently Mark Carney) is the head of government, who is invited by the Crown to form a government after securing the confidence of the House of Commons, which is typically determined through the election of enough members of a single political party in a federal election to provide a majority of seats in Parliament, forming a governing party. Further elements of governance are outlined in the rest of the Canadian constitution, which includes written statutes in addition to court rulings and unwritten conventions developed over centuries.

Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts.

Other Commonwealth countries had taken over the authority for constitutional amendment after the Statute of Westminster 1931, but at the time, Canada decided to allow the Parliament of the United Kingdom to retain the power "temporarily". Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate, would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments, which in turn were always passed by the British Parliament with little or no debate.

A convention, also known as a constitutional convention, is an uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.

Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitutional document, unwritten conventions are still of vital importance in understanding how the state functions. In most states, however, many old conventions have been replaced or superseded by laws (called codification).

The London Conference (French: Conférence de Londres) was held in London, in the United Kingdom, in 1866. It was the third and final in a series of conferences that led to Canadian Confederation in 1867. Sixteen delegates from the Province of Canada, Nova Scotia, and New Brunswick gathered to set out the final outline of the proposed Canadian Confederation, resulting in the British North America Act, 1867 (now the Constitution Act, 1867).

Upon the conclusion of the discussions by the delegates, the British government directed that a bill be drafted to implement the resolutions of the Conference. Introduced in 1867, the British North America Act, 1867 was passed by both Houses of Parliament and then received royal assent from Queen Victoria on March 29, 1867. It was proclaimed in force on July 1, 1867, creating the Dominion of Canada.