Establishment of the Province of Canada: Act of Union 1840

The Act of Union 1840, officially titled “An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada,” was passed by the British Parliament on July 23, 1840. This act came into effect on February 10, 1841, leading to the creation of the Province of Canada.

Context and Prelude

• Rebellions of 1837–1838: The Act of Union 1840 was, in part, a response to the Rebellions of 1837–1838 in Upper and Lower Canada. These uprisings were fueled by dissatisfaction with political reform, lack of responsible government, and cultural tensions between the French and English-speaking populations.

• Durham Report: Following the rebellions, Lord Durham was appointed Governor General and High Commissioner of British North America. His influential Durham Report recommended the union of Upper and Lower Canada as a measure to assimilate the French-speaking Canadians and promote the English language and culture.

Key Provisions of the Act

• Unification: The act merged Upper Canada (now Ontario) and Lower Canada (now Quebec) into the Province of Canada, with a single legislative assembly.

• Single Legislative Assembly: Established a single legislature consisting of an equal number of representatives from each of the former provinces, despite the fact that Lower Canada had a larger population.

• Language and Governance: It made English the official language of government. Although it aimed at political stability, it also targeted the assimilation of French Canadians, which was a significant consequence.

• Capital and Governance Structure: Kingston was chosen as the initial capital. The structure provided a governor appointed by Britain, an executive council, and a legislative council, among others.

Aftermath and Historical Significance

• Cultural Impact: The act significantly impacted the cultural dynamics of Canada by attempting to assimilate French Canadians. However, this led to increased cultural and political tensions between English and French populations.

• Advancement Toward Responsible Government: Though it did not address demands for responsible government directly, it laid the foundation for subsequent reforms that eventually led to the granting of responsible government in 1848 under Governor General Lord Elgin.

• Confederation Pathway: The Act of Union 1840 was an essential step in the path toward the eventual confederation of Canada in 1867, shaping Canadian politics and society profoundly during the mid-19th century.

The Act of Union 1840 is a pivotal moment in Canadian history, marking a critical restructuring of the governing framework and setting the stage for major political and cultural evolution in the young colony.