Primacy of Constitution of Canada

Primacy of Constitution of Canada

Primacy of Constitution of Canada

Primacy of Constitution of Canada

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

Primacy of Constitution of Canada

PART VII

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.

Constitution of Canada

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).

Amendments to Constitution of Canada

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

REPEALS AND NEW NAMES

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 The enactments referred to in Column I of the schedule are hereby repealed or amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.

Consequential amendments
2. Every enactment, except the Canada Act 1982, that refers to an enactment referred to in the schedule by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in the schedule may be cited as the Constitution Act followed by the year and number, if any, of its enactment.

REPEAL AND CONSEQUENTIAL AMENDMENTS

54.- Part IV is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of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

54.1.- Which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of Part IV. I and section 54.1 on April 18, 1987.

FRENCH VERSION OF CONSTITUTION 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.

ENGLISH AND FRENCH VERSIONS OF CERTAIN CONSTITUTIONAL TEXTS

56.- Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 55, the English and French versions of that portion of the Constitution are equally authoritative.

ENGLISH AND FRENCH VERSIONS OF THIS ACT

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

COMMENCEMENT

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.

COMMENCEMENT OF PARAGRAPH

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.

SHORT TITLE AND CITATIONS

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.

REFERENCES

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


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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