Canada - Constitution

Canada is a constitutional monarchy, with Queen Elizabeth II (Queen of Canada) as head of state, represented by a governor-general appointed on the recommendation of the prime minister. The British North America Act of 1867 set up a machinery of government that has remained basically unchanged; however, the constitution is contained in the Constitution Act of 1982, which includes the Charter of Rights and Freedoms as well as procedures for amending the constitution.

Government is federal, with ten provincial governments and three northern territories. The provinces have jurisdiction for provincial constitutional amendments; direct taxation and debt raising for provincial purposes; provincial prisons; education; health care; municipal government; (nearly all) provincially incorporated companies; local works; property and civil rights; provincial justice, civil law and procedure; and enforcement of provincial laws. They also hold sway in most labour and social security matters.

Territories do not have the status of provinces and are controlled and administered by the federal government, although elected territorial councils have increasing jurisdiction in local matters.

The federal parliament is bicameral. The House of Commons has 308 members directly elected in general elections which must be held at least every five years. The Senate has 105 members appointed on a regional basis by the prime minister, in consultation with the cabinet. The leader of the party with the most seats in the House of Commons becomes prime minister and appoints a cabinet which has executive power at the federal level.

General amendments to the constitution require the consent of the federal parliament and of seven provinces representing at least 50% of the population.