Procedure for Amending Constitution of Canada

Procedure for Amending Constitution of Canada

- Constitution Act of Canada 1867
Procedure for Amending Constitution of Canada
- The Constitution Act of Canada 1867. Canadian Laws and Constitutions.

Procedure for Amending Constitution of Canada

PART V

PROCEDURE FOR AMENDING CONSTITUTION OF CANADA

GENERAL PROCEDURE FOR AMENDING CONSTITUTION OF CANADA

38.- 1. An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Grant Seal of Canada where so authorized by

a. resolutions of the Senate and House of Commons; and

b. resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.

Majority of members

2. An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).

Expression of dissent


3. An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.

Revocation of dissent

4. A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates.

RESTRICTION ON PROCLAMATION

39.- 1. A proclamation shall not be issued under subsection 38(1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent.

Idem

2. A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder.

COMPENSATION

40.- Where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply.

AMENDMENT BY UNANIMOUS CONSENT

41.- An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the Legislative assembly of each province:

a. the office of the Queen, the Governor General and the Lieutenant Governor of a province;

b. the right of a province to a number of members in the House of Commons not less than the number of Senators by which the province is entitled to be represented at the time this Part comes into force;

c. subject to section 43, the use of the English or the French language;

d. the composition of the Supreme Court of Canada; and

e. an amendment to this Part.

AMENDMENT BY GENERAL PROCEDURE

42.- 1. An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):

a. the principle of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada;

b. the powers of the Senate and the method of selecting Senators;

c. the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators;

d. subject to paragraph 41(d), the Supreme Court of Canada;

e. the extension of existing provinces into the territories; and

f. notwithstanding any other law or practice, the establishment of new provinces.

Exception

2. Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1).

AMENDMENT OF PROVISIONS RELATING TO SOME BUT NOT ALL PROVINCES

43.- An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces, including

a. any alteration to boundaries between provinces, and

b. any amendment to any provision that relates to the use of the English or the French language within a province.

may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.

AMENDMENTS BY PARLIAMENT

44.- Subject to sections 41 and 42, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons.

AMENDMENTS BY PROVINCIAL LEGISLATURES

45.- Subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province.

INITIATION OF AMENDMENT PROCEDURES

46.- 1. The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province.

2. A resolution of assent made for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it.

AMENDMENTS WITHOUT SENATE RESOLUTION

47.- 1. An amendment to the Constitution of Canada made by proclamation under section 38, 41, 42 or 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at nay time after the expiration of that period. the House of commons again adopts the resolution.

Computation of period

2. Any period when Parliament is prorogued or dissolved shall not be counted in computing the one hundred and eighty day period referred to in subsection (1).

ADVICE TO ISSUE PROCLAMATION

48.- The Queen's Privy Council for Canada shall advise the Governor General to issue a proclamation under this Part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this Part.

CONSTITUTIONAL CONFERENCE

49.- A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Primer Minister of Canada within fifteen years after this Part comes into force to review the provisions of this Part.


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
Procedure For Amending Constitution Of Canada 2022
What is a provincial constitution and how do we amend it? Policy Options
Indian Federalism @75: The foundation of a strong democracy Observer Research Foundation
Opinion | It's Time to Amend the Constitution POLITICO
'It could be very messy': What happens if we can all amend the Constitution? National Post