Document Information

Date: 1980-11-21
By: Canada, Department of Justice
Citation: [Department of Justice?], Appendices: Some French Text and Corrections to Follow Draft (21 November 1980).
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Moves that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting subsection 31(2) of the proposed Constitution Act, 1980 and by substituting therefor the following:

“(2) Parliament and the government of Canada are committed to the principle of making equalization payments to provincial governments that are unable to provide public services of reasonable quality without imposing an undue burden on taxation.”

Subsection 31(2) of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 11

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting paragraph 38(3)(a) of the proposed Constitution Act, 1980 and by substituting therefor the following:

“(a) paragraph 41(1)(b), or”

Paragraph 38(3)(a) of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 12

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting section 40 of the proposed Constitution Act, 1980 and by substituting therefor the following:

“40. (1) Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in a referendum held under subsection 38(3).

(2) If a referendum is required to be held under subsection 38(3), a Referendum Rules Commission shall forthwith be established consisting of

(a) the Chief Electoral Officer of Canada, who shall be chairman of the Commission;

(b) a person appointed by the Governor General in Council; and

(c) a person appointed by the Governor General in Council

(i) on the recommendation of the governments of a majority of provinces

(ii) if the governments of a majority of provinces do not recommend a candidate within sixty days after the Chief Electoral Officer of Canada requests such a recommendation, on the recommendation of the Chief Justice of Canada from among persons recommended by the governments of the provinces within thirty days after the expiration of that sixty day period or, if none are so recommended from among such persons as the Chief Justice considers fit.

(3) The Referendum Rules Commission shall, by majority decision, recommend to the Governor General rules for the holding of the referendum under subsection 38(3).

(4) Where the Referendum Rules Commission recommends to the Governor General any rules for the holding of the referendum under subsection 38(3), the rules [may] (shall) be made by proclamation issued by the Governor General under the Great Seal of Canada.

(5) Subject to subsection (1), rules made under this section have the force of law and prevail over other laws to the extent of any inconsistency.”

Section 40 of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 13

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting subparagraph 41(1)(b)(ii) of the proposed Constitution Act, 1980 and by substituting therefor the following:

“(ii) at least two of the Atlantic provinces, and”

Subparagraph 41(1)(b)(ii) of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 14

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting subsection 42(2) of the proposed Constitution Act, 1980 and by substituting therefor the following:

“(2) A referendum referred to in subsection (1) shall be held where directed by proclamation issued by the Governor General under the Great Seal of Canada, which proclamation may be issued where

(a) an amendment to the Constitution of Canada has been authorized under paragraph 41(1)(a) by resolutions of the Senate and House of Commons;

(b) the requirements of paragraph 41(1)(b) in respect of the proposed amendment have not been satisfied within twelve months after the passage of the resolutions of the Senate and House of Commons; and

(c) the issue of the proclamation has been authorized by the Governor General in Council.

(3) A proclamation issued under subsection (2) in respect of a referendum shall provide for the referendum to be held within two years after the expiration of the twelve month period referred to in paragraph (b) of that subsection.”

Subsection 42(2) of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 15

ALTERNATIVE I

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting section 44 of the proposed Constitution Act, 1980 and by substituting therefor the following:

“44. (1) An amendment to the Constitution of Canada, other than an amendment in relation to a matter referred to in subsection 50(2), may, be made by proclamation under subsection 41(1) or section 43 as appropriate, without resolution of the Senate authorizing the issue of the proclamation if, within ninety days after the passage by the House of Commons of a resolution authorizing its issue, the Senate has not passed such a resolution and if, at any time after the expiration of those ninety days, the House of Commons again passes the resolution.

(2) An amendment to the Constitution of Canada in relation to a matter referred to in subsection 50(2) may be made by proclamation issued by the Governor General under the Great Seal of Canada without a resolution of the Senate authorizing the issue of the proclamation where

(a) within ninety days after the passage by the House of Commons of a resolution authorizing its issue, the senate has not passed such a resolution [and if, at any time after the expiration of those ninety days, the House of Commons again passes the resolution]; *

(b) resolutions of the legislative assemblies of the provinces that would be sufficient, together with resolutions of the Senate and House of Commons, to authorize the issue of a proclamation under subsection 41(1) have been passed authorizing the amendment; and

(c) the making of the amendment has been approved at a referendum by votes sufficient to authorize the making of an amendment under subsection 42(1).

(3) A referendum referred to in subsection (2) shall be held where directed by proclamation issued by the Governor General under the Great Seal of Canada authorized by a resolution of the House of Commons made at any time after the requirements of paragraphs (2)(a) and (b) have been met.

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

*NOTE: In view of subsection (3) the words in brackets are not necessary and could be deleted. Alternatively, they could be left in and the holding of the referendum could be authorized by the Privy Council. The Question is as to when the second resolution of the House of Commons should take place.

Section 44 of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 15

ALTERNATIVE II

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting section 44 of the proposed Constitution Act, 1980 and by substituting therefor the following:

“44. (1) An amendment to the Constitution of Canada, other than an amendment in relation to a matter referred to in paragraph 50(2)(c), may, be made by proclamation under subsection 41(1) or section 43 as appropriate, without a resolution of the Senate authorizing the issue of the proclamation if, within ninety days after the passage by the House of Commons of a resolution authorizing its issue, the Senate has not passed such a resolution and if, at any time after the expiration of those ninety days, the House of Commons again passes the resolution.

(2) An amendment to the Constitution of Canada in relation to a matter referred to in paragraph 50(2)(c) may be made by proclamation issued by the Governor General under the Great Seal of Canada without a resolution of the Senate authorizing the issue of the proclamation where authorizing the issue of the proclamation where

(a) within ninety days after the passage by the House of Commons of a resolution authorizing its issue, the Senate has not passed such a resolution [and if, at any time after the expiration of those ninety days, the House of Commons again passes the resolution]; *

(b) resolutions of the legislative assemblies of the provinces that would be sufficient, together with resolutions of the Senate and House of Commons, to authorize the issue of a proclamation under subsection 41(1) have been passed authorizing the amendment; and

(c) the making of the amendment has been approved at a referendum by voters sufficient to authorize the making of an amendment under subsection 42(1)

(3) A referendum referred to in subsection (2) shall be held where directed by proclamation issued by the Governor General under the Great Seal of Canada at any time after the requirements of paragraphs (2)(a) and (b) have been met.

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

*NOTE: In view of subsection (3) the words in brackets are not necessary and could be deleted. Alternatively, they could be left in and the holding of the referendum could be authorized by the Privy Council. The question is as to when the second resolution of the House of Commons should take place.

Section 44 of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 16

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting section 46 of the proposed Constitution Act, 1980 and by substituting therefor the following:

“46. (1) Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in a referendum held under section 42.

(2) On the coming into force of this Part, a Referendum Rules Commission shall be established consisting of

(a) the Chief Electoral Officer of Canada, who shall be chairman of the Commission;

(b) a person appointed by the Governor General in Council; and

(c) a person appointed by the Governor General in Council

(i) on the recommendation of the governments of a majority of provinces, or

(ii) if the governments of a majority of provinces do not agree on a candidate within sixty days after the Chief Electoral Officer of Canada requests such a recommendation, on the recommendation of the Chief Justice of Canada from among persons recommended by the governments of the provinces within thirty days after the expiration of that sixty day period or, if none are so recommended, from among such persons as the Chief Justice considers fit.

(3) A person appointed to the Referendum Rules Commission under paragraph 3(b) or (c) shall be appointed for a period not exceeding three years and may be reappointed pursuant to such paragraph.

(4) The Referendum Rules Commission may from time to time, by majority decision, recommend to the Governor General rules for the holding of referenda under section 42.

(5) Where the Referendum Rules Commission recommends to the Governor General any rules for the holding of referenda under section 42, the rules may *shall* be made by proclamation issued by the Governor General under the Great Seal of Canada.

(6) Subject to subsection (1), rules made under this section have the force of law and prevail over other laws to the extent of any inconsistency.”

Section 46 of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 17

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by

(a) adding thereto immediately after section 46 of the proposed Constitution Act, 1980 the following subsection:

“47. (1) The procedures prescribed by section 41 or 42 do not apply in respect of an amendment referred to in section 43.

; and

(b) renumbering section 47 of the proposed Constitution Act, 1980 as subsection 47(2).

Section 47 of the proposed Constitution Act, 1980 at present reads as follows:

Annex 18

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by

(a) deleting the words immediately preceding paragraph 50(1) of the proposed Constitution Act, 1980 and by substituting therefor the following:

“50. (1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with a procedure prescribed by section 41 or 42, as modified by subsection 44(1),”

(b) deleting paragraphs 50(d) and (e) of the said Act and relettering paragraphs 50(f) and (g) thereof as paragraphs 50(d) and (e) respectively; and

(c) adding to section 50 of the said Act the following:

“(2) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with a procedure prescribed by section 41 or subsection 44(2):

(a) the powers of the Senate;

(b) the number of members by which a province is entitled to be represented in the Senate, the method of selecting Senators and the residence qualifications of Senators; and

(c) the bicameral structure of Parliament.”

Section 50 of the proposed Constitution Act, 1980 at present reads as follows:

[…]

Annex 19

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended

(a) by adding thereto, immediately after section 51 of the proposed Constitution Act, 1980, the following headings and section:

“Part VI

AMENDMENT TO

THE CONSTITUTION ACT, 1867

52. (1) The Constitution Act, 1867 (formerly named the British North America Act, 1867) is amended by adding thereto, immediately after section 92 thereof, the following heading and section:

“Non-Renewable Natural Resources, Forestry Resources and Electrical Energy

92A. (1) In each province the legislature may exclusively make laws in relation to

(a) exploration for non-renewable natural resources in the province;

(b) development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and

(c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy.

(2) In each province the legislature may make laws in relation to the export from the province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.

(3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where conflict, the law of Parliament prevails to the extent of the conflict.

(4) In each province the legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of

(a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and

(b) sites and facilities in the province for the generation of electrical energy and the production therefrom,

whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province.

(5) The expression “primary production” had the meaning assigned by the Sixth Schedule.

(6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of this section.”

53. The said Act is further amended by adding thereto the following Schedule:

“THE SIXTH SCHEDULE

PRIMARY PRODUCTION FROM NON-RENEWABLE RESOURCES AND FORESTRY RESOURCES

1. For the purposes of section 92A of this Act,

(a) production from a non-renewable resource is primary production therefrom if

(i) it is in the form in which it exists upon its natural recovery or severance from its natural state, or

(ii) it is a product resulting from processing or refining the resource; and is not a manufactured product or a product resulting from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and

(b) production from a forestry resource is primary production therefrom if it consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood,”

; and

(b) by renumbering Part VI of the Constitution Act, 1980 as Part VII, by renumbering sections 52 to 59 thereof as sections 54 to 61, respectively, and by making such other changes in numbering as are consequential thereto.

[……]

Transcription Continues on Annex 25

Annex 25

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting paragraph 50(a) of the French version of the proposed Constitution Act, 1980 and by substituting therefor the following:

“(a) la charge de Reine, celle de gouverneur général et celle de lieutenant gouverneur;”

The words immediately preceding paragraph 50(a) of the French version of the proposed Constitution Act, 1980 and paragraph 50(a) at present read as follows:

[…]

Annex 26

The Proposed Resolution respecting the Constitution of Canada be amended by deleting section 59 of the proposed Constitution Act, 1980 and by substituting therefor the following:

“59. This Schedule may be cited as the Constitution Act, 1980 and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1980.“

Section 59 of the proposed Constitution Act, 1980 at present reads as follows:

Annex 27

November 21, 1980

Moved that

The Proposed Resolution respecting the Constitution of Canada be amended by deleting Column III of item 9 of the French version of Schedule I to the proposed Constitution Act, 1980 and by substituting therefor the following:

“Loi de 1889 sur le Canada (limites de L’Ontario)”

Note: This document is discussed in an article that has been recently submitted to a peer-review journal.