Application of Charter

Application of Charter

- Constitution Act of Canada 1867
Application of Charter
- The Constitution Act of Canada 1867. Canadian Laws and Constitutions.

Application of Charter

APPLICATION OF CHARTER

APPLICATION OF CHARTER

32.- 1. This Charter applies

a. to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

b. to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

Exception

2. Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

EXCEPTION WHERE EXPRESS DECLARATION

33.- 1. Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Operation of exception

2. An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five year limitation

3. A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

Re-enactment

4. Parliament or the legislature of a province may reenact a declaration made under subsection (1).

Five year limitation

5. Subsection (3) applies in respect of a re-enactment made under subsection (4).


Canadian Charter of Rights and Freedoms
Guarantee of Rightsand Freedoms
Fundamental Freedoms
Democratic Rights
Democratic Rights
Mobility Rights
Legal Rights
Equality Rights
Official Languages of Canada
Minority Language Educational Rights
Enforcement
Aboriginal Rights and Freedoms not Affected by Charter
Application of Charter
Citation
Rights of the Aboriginal Peoples of Canada
Equalization and Regional Disparities
Constitutional Conference
Procedure for Amending Constitution of Canada
Amendment to the Constitution Act 1867
Primacy of Constitution of Canada
Schedule to the Constitution Act 1982
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