Document Information
Date: 1980-08-26
By: Continuing Committee of Ministers on the Constitution, Canada
Citation: Continuing Committee of Ministers on the Constitution, [Federal Draft] Economic Union, Doc 830-84/008 (Ottawa: 26-29 August 1980).
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FEDERAL DRAFT
FOR DISCUSSION PURPOSES ONLY
DOCUMENT: 830-84/008
CONFIDENTIAL
ECONOMIC UNION
Canadian economic union
121(1) Canada is constitut0d an economic union within which all persons may move without discrimination based on province or territory of residence or former residence and within which all cods, services and capital may move without discrimination based on province or territory of origin or entry into Canada or of destination or export from Canada.
Non-discrimination
(2) Neither Canada nor a province shall by law or practice discrimination a manner that contravenes the principle expressed in subsection (1).
Derogation
(3) Subsection (2) does not render invalid a law of Parliament or a legislature enacted in the interests of public safety, order, health or morals.
Idem
(4) Subsection (2) does not render invalid a law of Par1iament enacted
(a) in accordance with the principles of equalization and regional development recognized in section —; or
(b) in relation to a matter that is declared by Parliament in the enactment Lo be of an overriding national interest.
Idem
(5) Subsection (2) does riot render invalid a law of a legislature enacted in relation to the reduction of substantial economic disparities between regions wholly within a province that does not discriminate to a greater degree against persons resident or formerly resident outside the province or against goods, services or capital from
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outside the province than it does against persons resident or goods, services or capital from a region within the province.
Customs union continued
(6) Nothing in subsection (3), (“4) or (5) renders val.id a law of Parliament or a legislature that impedes the admission free into any province of goods, services or capital originating in or imported into any other province or territory.
Legislative authority not extended
(7) Nothing in this section confers any legislative authority on Parliament or a legislature.
– Section 121 is repealed.
DRAFT
FOR DISCUSSION PURPOSES ONLY
CONFIDENTIAL
1. Add to section 91 the following heads of jurisdiction immediately following head 91.2:
2.1 Competition
2.2 The establishment of product standards throughout Canada.
2. Add to section 91 the following new subsections:
(2) The authority of Parliament to make laws in relation to the regulation of trade and commerce extends to the making of laws in relation to the regulation of trade and commerce in goods, services and capital.
(3) The authority conferred on Parliament by heads 91[2.1] and 91[2.2] does not render invalid a law enacted by a legislature that is not in conflict with a law of Parliament enacted under either of those heads.