Constitution Act, 1940

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Constitution Act, 1940
(British North America Act, 1940)
(1940)

This act gave the federal government the jurisdiction over Unemployment Insurance thus allowing such a program to be created on a national level. An earlier attempt to create an Unemployment Insurance program during the Great Depression was ruled unconstitutional as unemployment relief was deemed to be a provincial responsibility.

73368Constitution Act, 1940
(British North America Act, 1940)
1940

Contents

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Constitution Act, 1940

1. Extension of exclusive legislative authority of Parliament of Canada.
2. Short title and citation.

Notes

The Act

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3 & 4 George VI, c. 36 (U.K.)


An Act to include unemployment insurance among the classes of subjects enumerated in section ninety-one of the Constitution Act, 1867


10th July, 1940


Whereas the Senate and Commons of Canada in Parliament assembled have submitted an address to His Majesty praying that His Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for the enactment of the provisions hereinafter set forth:-

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-


Extension of exclusive legislative authority of Parliament of Canada.
1. Section ninety-one of the Constitution Act, 1867, is amended by inserting therein, after item 2 "The regulation of trade and commerce", the following item:-
2A. Unemployment insurance.
Short title and citation.
2. This Act may be cited as the Constitution Act, 1940.[1]

Notes

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  1. As enacted by the Constitution Act, 1982. The section, as originally enacted, reads as follows: 2. This Act may be cited as the British North America Act, 1940, and the British North America Acts, 1867 to 1930, British North America Act, 1907, and this Act may be cited together as the British North America Acts, 1867 to 1940.


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