Document Information

Date: prob. 1977
By: prob. Canada
Citation: Canada [?], Draft Resolution Respecting the Constitution of Canada [Canada Act, 1977], (n.d.)
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DRAFT RESOLUTION RESPECTING THE CONSTITUTION OF CANADA

WHEREAS it is in accord with the status of Canada as an independent state that the Canadian people should be able through their chosen representatives to provide for themselves the means by which to alter their own Constitution in all respects.

And whereas hitherto certain amendments to the Constitution of Canada have been made by the Parliament of the United Kingdom at the request and with the consent of Canada;

And whereas it is desirable that it should be possible to amend the Constitution of Canada in all respects by action of the appropriate instrumentalities of government in Canada;

And whereas the Proclamation hereinafter referred to embodies provisions with respect to the Constitution of Canada and the means whereby it may hereafter be amended;

Be it therefore resolved that we, [the Senate] and [House of Commons] approve the promulgation of a Proclamation by the Governor General, to have the force of law as well in Canada as in the United Kingdom, in the following terms:

“Proclamation respecting the Constitution of Canada

PART I – AMENDMENTS TO THE CONSTITUTION

Art. 1

Amendments to the Constitution of Canada may be made from time to time. by proclamation issued by the Governor: General under the Great Seal of Canada when so authorized. by resolution of the Senate and House of Commons and of the Legislative Assemblies of at least a majority of the provinces that includes:

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(1) every province that at any time before the issue of such Proclamation had, according to any previous general census, a population of at least 25 per cent of the population of Canada;

(2) two or more of the Atlantic provinces; and

(3) two or more of the Western provinces that have, according to the then latest general census, combined populations of at least 50 per cent of the population of all the Western provinces.

Art. 2

Notwithstanding paragraph (3) ,of Article l, when the Legislative Assemblies of each of the Western provinces have, either-before or after the coming into force of this Part, by resolution so authorized, that paragraph shall read as follows:

“(3) two or more of the Western provinces.”

Art. 3

Amendments to the Constitution of Canada in relation to any provision that applies to one or more, but not all, of the provinces may be made from time to time by proclamation issued by the Governor General under the Great Seal of Canada when so authorized by resolutions of the Senate and House of Commons and of the Legislative Assembly of each province to which such amendments apply.

Art. 4

An amendment may be made by proclamation under Article 1 or Article 3 without a resolution of the Senate authorizing the issue of the proclamation if within 90 days of the passage by the House of Commons of a resolution authorizing its issue the Senate has

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not passed such a resolution and at any time after the expiration of those 90 days the House of Commons again passes the resolution, but any period when Parliament is prorogued or dissolved shall not be counted in computing those 90 days.

Art. 5

The following rules apply to the procedures for amendment described in Articles 1 and 3:

(1) either of such procedures may be initiated by the Senate or House of Commons or the Legislative Assembly of a province; and

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

Art. 6

The Parliament of Canada may exclusively make laws from time to time amending the Constitution of Canada, in relation to the executive government of Canada or the Senate or House of Commons.

Art. 7

In each province the legislature may exclusively make laws in relation to the amendment from time to time of the constitution of the province.

Art. 8

Notwithstanding Articles 6 and. 7, amendments to the Constitution of Canada in relation to the following matters may be made only in accordance with the procedure described in Article 1:

(1) the offices of the Queen, the Governor General or the Lieutenant Governor of a province;

(2) the requirements of the Constitution of Canada respecting yearly sessions of the Parliament of Canada or the Legislature of a province;

(3) the maximum period fixed by the Constitution of Canada for the duration of the House of

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Commons or the Legislative Assembly of a province;

(4) the powers of the Senate;

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

(6) the right of a province to a number of members in the House of Commons not less than the number of Senators representing the province;

(7) the principles of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada; and

(8) the requirements respecting the use of the English or French language.

Art. 9

The procedure described in Article 1 may not be used to make an amendment when there is another provision for making such amendment in the Constitution of Canada; but that procedure may none the less be used to amend any provision for amending the Constitution, a general consolidation and revision of the Constitution

Art. 10

In this Part, “Atlantic provinces” means the provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland, and “Western provinces” means the provinces of Manitoba, British Columbia, Saskatchewan and Alberta.

Art. 11.

Class 1 of section 91 and class 1 of section 92 of the British North America Act, 1867, as amended by the British North America (No. 2) Act, 1949 are repealed on the coming into force of this Part.

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PART II – SENATE REPRESENTATION

Art. 12

Notwithstanding anything in the Constitution of Canada or in Article 8,

(a) the number of Senators provided for under section 21 of the British North America Act, 1867, as amended, is increased. from one hundred and four to one hundred and sixteen;

(b) the maximum number of .Senators is increased from one hundred and twelve to one hundred and twenty-four;

(c) the portion of the first sentence following paragraph 2 of section 22 of the British North America Act, 1867, as amended, shall read as follows:

“3. The Atlantic Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland;

4. The Western Provinces of Manitoba, British Columbia, Saskatchewan and Alberta;

which Four Divisions shall (subject to the Provisions of this Act) be represented in the Senate as follows: Ontario by twenty-four Senators; Quebec by twenty-four Senators; the Atlantic Provinces by thirty Senators, ten thereof representing Nova Scotia, ten thereof representing New Brunswick, four thereof representing Prince Edward Island and six thereof representing Newfoundland; the Western

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Provinces by thirty-six Senators, seven thereof representing Manitoba, twelve thereof representing British Columbia, seven thereof representing Saskatchewan, and ten thereof representing Alberta; and the Yukon Territory and the Northwest Territories shall be entitled to be represented in the Senate by one member each.”

Art. 13

For the purposes of this Part, the term “Province” in section 23 of the British North America Act, 1867 includes the Yukon Territory and the Northwest Territories.

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PART III – LANGUAGE RIGHTS

Art. 14

English and French are the official languages of Canada having the status and protection set forth in this Part, but no provision in this Part shall derogate from any right, privilege, or obligation existing under any other provision of the Constitution.

Art. 15

A person has the right to use English or French in the debates of the Parliament of Canada.

Art. 16

The statutes and the records and journals of the Parliament of Canada shall be printed and published in English and French; and both versions of such statutes are equally authoritative.

Art. 17

A person has the right to use English or French in giving evidence before, or in any pleading -or. process in the Supreme Court of Canada or any court established by the Parliament of Canada, and to require that any document or judgment issuing from any such court be in English or French.

Art. 18

A member of the public has the right to the use of the official language of his choice in communications between him and the head or central office of every department and agency of the Government of Canada.

Art. 19

A provincial Legislative Assembly may, by resolution, declare that provisions similar to those of any part of Articles 15, 16, l 7 and 18 shall apply to the Legislative Assembly, and to any of the provincial courts and offices of the provincial departments and agencies according to the terms of the resolution, and thereafter such parts apply to the Legislative Assembly, courts and offices specified according to

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the terms of such resolution; and any right conferred under this Article may be abrogated or diminished only in accordance with the procedure described in Article l of this Proclamation.

Art. 20

A member of the public has the. right to the use of the official language of his choice in communications between him and every principal office of a department or agency of the Government of Canada that is located in an area where a substantial proportion of the population has the official language of his choice as its mother tongue, but the Parliament of Canada may define the limits of such areas and what constitutes a substantial proportion of the population for the purposes of this Article.

Art. 21

The Parliament of Canada, in the exercise of powers assigned to it by the Constitution of Canada, and the Government of Canada, in the exercise of powers conferred on it by the Constitution: of Canada or by any law enacted by Parliament, shall be guided, among other considerations for the welfare and advantage of the people of Canada, by the knowledge that a fundamental purpose underlying the Canadian federation is to ensure that the diverse cultures of its people may continue to be respected within that federation and by its institutions, and by the appreciation, as a consequence, of the im- portance of the two official languages of Canada as the languages of cultural expression used by those for whom the official languages of Canada are mother tongues; accordingly neither the Parliament of Canada nor the Government of Canada, in exercising the respective powers so assigned to or conferred on them, shall act in a manner that will adversely affect the preservation of either of the two official languages of Canada.

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PART IV — REGIONAL DISPARITIES

Art. 22

Without altering the distribution of powers and without compelling the Parliament of Canada or the Legislatures of the Provinces to exercise their legislative powers, the Parliament of Canada and the Legislatures of the Provinces, together with the Government of Canada and the Governments of the Provinces, are committed to:

(a) the promotion of equality of opportunity and well-being for all individuals in Canada;

(b) the assurance, as nearly as possible, that essential public services of reasonable quality are available to all individuals in. Canada; and

(c) the promotion of economic development to reduce disparities in the social and economic opportunities for all individuals in Canada wherever they may live.

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PART V — FEDERAL-PROVINCIAL CONSULTATION

Art. 23

A conference composed of the Prime Minister of Canada and the First Ministers of the Provinces shall be called by the Prime Minister of Canada at least once a year unless, in any year, a majority of those composing the conference decide that it shall not be held.

Art. 24

Before the Parliament of Canada may establish any new province in territories forming part of Canada, the question of the establishment of such province shall be placed on the agenda of a conference composed of the Prime Minister of Canada and the First Ministers of the Provinces for discussion by them.

Art. 25

Before the Parliament of Canada mar exercise its authority tinder section 92(10)(c) of the British North America Act, 1867 to declare any work or undertaking within a province to be for the general advantage of Canada or for the advantage of two or more provinces, the Government of Canada shall consult with the Government of the Province or Provinces in which the work or undertaking is located.

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Art. 26

The Government of Canada, in order to ensure the fullest and most complete consultation practicable with the Government of any Province of Canada with respect to federal activities affecting, or likely to affect, the survival and development of the language used by any group of persons residing in that Province, or with respect to federal activities in support of or related to cultural activity, broadcasting or broadcasting services, or immigration, shall, if the Government of that Province so requests, establish with that Government a joint commission to heighten co-operation between them in relation to those federal activities, subject to a protocol of agreement defining the functions, attributes, composition and duration of that commission .

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PART VI — MISCELLANEOUS

Art. 27

The Governor General of Canada may by Proclamation under the Great Seal of Canada proclaim a French-language text of the Constitution of Canada, or any part thereof, when so authorized by _________________________ and thereafter that text shall be as authoritative as, and shall have the same force and effect as, the English-language text to which it corresponds, but shall not be held to operate as new law.

Art. 28

All laws in effect in Canada immediately before the coming into force of this Part, including those enactments set out in Article 29, shall continue as law in Canada except to the extent altered by this Proclamation, subject to be repealed, abolished or altered by the Parliament of Canada, or by the Legislatures of the respective Provinces, according to the authority of each under the Constitution of Canada.

Art. 29

Without limiting the meaning of that expression, the “Constitution of Canada” includes the following enactments and any orders thereunder, together with this Proclamation and any amendments thereto made by proclamation issued thereunder:

The British North America Acts, 1867 to 1975;

The Manitoba Act, 1870;

The Parliament of Canada Act, 1875;

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Canada (Ontario Boundary) Act, 1809 52-53 Viet., c. 28 (U.K.);

The Canadian Speaker (Appointment of Deputy) Act, 1895, Session 2, 59 Viet., c. 3 (U.K.);

Alberta Act, 1905, 4-5 Edw. VII, c. 3;

Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42;

Statute of Westminster, 1931, 22 Geo. V, c. 4 insofar as it applies to Canada

Art. 30

This Proclamation shall come into force on the day it is promulgated by the Governor General.

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DRAFT RESOLUTION RESPECTING THE CONSTITUTION OF CANADA

(Cont’d.)

And be it further resolved

That a humble Address be presented to Her Majesty the Queen in the following words:

To the Queen’s Most Excellent Majesty:

Most Gracious Sovereign:

We Your Majesty’s most dutiful and loyal subjects, the [Senate] [and Commons] of Canada in Parliament assembled, humbly approach Your Majesty praying that You may graciously be pleased to cause a measure to be laid before the Parliament of the United Kingdom to be expressed as follows:

WHEREAS it is in accord with the status of Canada as an independent state that the Canadian people should be able through their chosen representatives to provide for themselves the means by which to alter their own Constitution in all respects.

And whereas hitherto certain amendments to the Constitution of Canada have been made by the Parliament of the United Kingdom at the request and with the consent of Canada;

And whereas a proclamation entitled the “Proclamation respecting the Constitution of Canada” that was approved by the Senate and House of Commons of Canada on the __ day of ______, 19__ to be proclaimed by the Governor General of Canada embodies provisions with respect to the Constitution of Canada and the means whereby” it may be amended;

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And whereas Canada has requested, consented to, the enactment of an Act of the Parliament of the United Kingdom to make appropriate provision in connection with the matters aforesaid and the Senate and House of Commons have submitted an Address to Her Majesty praying that a measure be laid before the Parliament of the United Kingdom for that purpose: Be if therefore enacted by the Queen’s Most Excellent Majesty etc.:

1. When promulgated by the Governor General of Canada, the Proclamation shall, as well in the United Kingdom as in Canada, be recognized as having by virtue of the Proclamation the force of law.

2. No Act of Parliament of the United Kingdom passed after the promulgation of the Proclamation shall extend, or be deemed to extend, to Canada or to any province or territory of Canada as part of its law.

3. As from the promulgation of the Proclamation the enactments mentioned in the Schedule to this Act are, to the extent specified in column 3 of the Schedule, hereby repealed as enactments of the Parliament of the United Kingdom, but without prejudice to any operation which any of those enactments or any law, order, rule, regulation or other instrument made thereunder may continue to have by virtue of the Proclamation.

4. This Act may be cited as the Canada Act, 1977.

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SCHEDULE

Enactments Ceasing to have Effect as Acts of the U.K. Parliament

Such other statutes as the British wish to repeal for their purposes. For example: the British North America Acts, 1867-1964.