Primacy of Constitution of Canada

GENERAL

PRIMACY OF CONSTITUTION OF CANADA

52.- 1. The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

2. The Constitution of Canada includes

a. the Canada Act 1982, including this Act;

b. the Acts add orders referred to in the schedule; and

c. any amendment to any Act or order referred to in paragraph (a) or (b).

3. Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.

53.- 1. The enactments referred to in Column I of the schedule are hereby repealed or amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.

54.- Part IV is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada.

55.- A French version of the portions of the Constitution of Canada referred to in the schedule shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada.

57.- The English and French versions of this Act are equally authoritative.

58.- Subject to section 59, this Act shall come into force one day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

59.- 1. Paragraph 23(1)(a) shall come into force in respect of Quebec one day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

2. A proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of Quebec.

3. This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

60.- This Act may be cited as the Constitution Act. 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982.

61.- A reference to the Constitution Acts, 1867 to 1982 shall be deemed to include a reference to the Constitution Amendment Proclamation, 1983.