Constitution Act, 1982

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1982, c. 11 (U.K.)

[29th March 1982]

[Note: The English version of the Canada Act 1982 is
contained in the body of the Act; its French version is
found in Schedule A. Schedule B contains the English
and French versions of the Constitution Act, 1982.]


SCHEDULE A

1. Constitution Act, 1982 enacted
2. Termination of power to legislate for Canada
3. French version
4. Short title

SCHEDULE B

PART I — CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Guarantee of Rights and Freedoms 
1. Rights and freedoms in Canada

Fundamental Freedoms
2. Fundamental freedoms

Democratic Rights
3. Democratic rights of citizens 
4. (1) Maximum duration of legislative bodies 
(2) Continuation in special circumstances 
5. Annual sitting of legislative bodies

Mobility Rights 
6. (1) Mobility of citizens 
(2) Rights to move and gain livelihood
(3) Limitation
(4) Affirmative action programs

Legal Rights 
7. Life, liberty and security of person 
8. Search or seizure
9. Detention or imprisonment
10. Arrest or detention
11. Proceedings in criminal and penal matters
12. Treatment or pubishment
13. Self-crimination
14. Interpreter
15. (1) Equality before and under law and equal protection and benefit of law
(2) Affirmative action programs

Official Languages of Canada 
16. (1) Official languages of Canada 
(2) Official languages of New Brunswick
(3) Advancement of status and use
17. (1) Proceedings of Parliament
(2) Proceedings of New Brunswick legislature
18. (1) Parliamentary statutes and records
(2) New Brunswick statutes and records
19. (1) Proceedings in courts established by Parliament
(2) Proceedings in New Brunswick courts
20. (1) Communication by public with federal institutions
(2) Communications by public with New Brunswick institutions
21. Continuation of existing constitutional provisions
22. Rights and privileges preserved

Minority Language Education Rights
23. (1) Language of instruction
(2) Continuity of language instruction
(3) Application where numbers warrant

Enforcement
24. (1) Enforcement of guaranteed rights and freedoms
(2) Exclusion of evidence bringing administration of justice into disrepute

General
25. Aboriginal rights and freedoms not affected by Charter
26. Other rights and freedoms not affected by Charter
27. Multicultural heritage
28. Rights guaranteed equally to both sexes
29. Rights respecting certain schools preserved
30. Application to territories and territorial authorities
31. Legislative powers not extended

Application of Charter
32. (1) Application of Charter 
(2) Exception 
33. (1) Exception where express declaration 
(2) Operation of exception 
(3) Five year limitation 
(4) Re-enactment 
(5) Five year limitation

Citation
34. Citation

PART II — RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA

35.(1) Recognition of existing aboriginal and treaty rights
(2) Definition of “aboriginal peoples of Canada”
(3) Land claims agreements
(4) Aboriginal and treaty rights are guaranteed equally to both sexes
35.1 Commitment to participation in constitutional conference

PART III — EQUALIZATION AND REGIONAL DISPARITIES

36.(1) Commitment to promote equal opportunities
(2) Commitment respecting public services

PART IV — CONSTITUTIONAL CONFERENCE

37.1 (1) Constitutional conferences
(2) Participation of aboriginal peoples
(3) Participation of territories

PART IV.I — CONSTITUTIONAL CONFERENCES

37.1(1) Constitutional Conferences 
(2) Participation of aboriginal peoples 
(3) Participation of territories
(4) Subsection 35(1) not affected

PART V — PROCEDURE FOR AMENDING CONSTITUTION OF CANADA

38.(1) General procedure for amending Constitution of Canada
(2) Majority of members
(3) Expression of dissent
(4) Revocation of dissent
39.(1) Restriction on proclamation
(2) Idem
40. Compensation
41. Amendment by unanimous consent
42. (1) Amendment by general procedure
(2) Exception
43. Amendment of provisions relating to some but not all provinces
44. Amendments by Parliament
45. Amendments by provincial legislatures
46.(1) Initiation of amendment procedures
(2) Revocation of authorization
47.(1) Amendments without Senate resolution
(2) Computation of period
48. Advice to issue proclamation
49. Constitutional conference

PART VI — AMENDMENT TO THE CONSTITUTION ACT, 1867

50. Amendment to Constitution Act, 1867
Non-Renewable Natual Resources, Forestry Resources and Electrical Energy
92A. (1) Laws respecting non-renewable natural resources, forestry resources and electrical energy
(2) Export from provinces of resources
(3) Authority of Parliament
(4) Taxation of resources
(5) “Primary production”
(6) Existing powers or rights
51. Idem

Part VII — GENERAL

52.(1) Primacy of Constitution of Canada
(2) Constitution of Canada
(3) Amendments to Constitution of Canada
53.(1) Repeals and new names
(2) Consequential amendments
54. Repeal and consequential amendments
54.1 Repeal of Part iv.1 and this section
55. French version of Constitution of Canada
56. English and French versions of certain constitutional texts
57. English and French versions of this Act
58. Commencement
59.(1) Commencement of paragraph 23(1)(a) in respect of Quebec.
(2) Authorization of Quebec
(3) Repeal of this section
60. Short title and citations
61. References


SCHEDULE A

An Act to give effect to a request by the Senate and House of Commons of Canada

Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose.

Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.

2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law.

3. So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this Act and has the same authority in Canada as the English version thereof.

4. This Act may be cited as the Canada Act 1982.

SCHEDULE B
CONSTITUTION ACT, 1982

PART I
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
 

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Fundamental Freedoms

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Democratic Rights

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

Mobility Rights

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Legal Rights

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

8. Everyone has the right to be secure against unreasonable search or seizure.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Equality Rights

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

[Note: This section became effective on April 17, 1985. See subsection 32(2) and the note thereto.]

Official Languages of Canada

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.

18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.

20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where
(a) there is a significant demand for communications with and services from that office in such language; or
(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

Minority Language Educational Rights

23. (1) Citizens of Canada
(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,
have the right to have their children receive primary and secondary school instruction in that language in that province.

[Note: See also section 59 and the note thereto.]

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

Enforcement

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

General

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.
(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.

[Note: Paragraph 25(b) (in italics) was repealed and the new paragraph substituted by the Constitution Amendment Proclamation, 1983 (No. 46 infra).]

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

31. Nothing in this Charter extends the legislative powers of any body or authority.

Application of Charter

32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

[Note: This section came into force on April 17, 1982. See the proclamation of that date (No. 45 infra).]

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

Citation

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

PART II
RIGHTS OF THE ABORIGINAL PEOPLES OF
CANADA
 

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Metis peoples of Canada.

(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

[Note: Subsections 35(3) and (4) were added by the Constitution Amendment Proclamation, 1983 [No. 46 infra).]

35.1 The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the “Constitution Act, 1867“, to section 25 of this Act or to this Part,
(a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and
(b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item.

[Note: Added by the Constitution Amendment Proclamation, 1983 (No. 46 infra).]

PART III
EQUALIZATION AND REGIONAL DISPARITIES
 

36. (1) Without altering the legislative authority of Parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to
(a) promoting equal opportunities for the well-being of Canadians;
(b) furthering economic development to reduce disparity in opportunities; and
(c) providing essential public services of reasonable quality to all Canadians.

(2) Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.

PART IV 
CONSTITUTIONAL CONFERENCE
 

37. (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.

(2) The conference convened under subsection (1) shall have included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on that item.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of the conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

[Note: Part IV was repealed effective April 17, 1983 by section 54 of this Act.]

PART IV. 1
CONSTITUTIONAL CONFERENCES

37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.

(2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(4) Nothing in this section shall be construed so as to derogate from subsection 35(1).

[Note: Part IV.1 was added by the Constitution Amendment Proclamation, 1983 (No. 46 infra). By the same proclamation, it was repealed effective April 18, 1987. See section 54.1 of this Act.]

PART V
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 Great 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.

(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).

(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.

(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.

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.

(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.

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.

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.

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.

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

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.

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.

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

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.

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 any time after the expiration of that period, the House of Commons again adopts the resolution.

(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).

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.

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

PART VI
AMENDMENT TO THE CONSTITUTION ACT,
1867
 

50. 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 such a law of Parliament and a law of a province 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” has 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.”

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

“THE SIXTH SCHEDULE

Primary Production from Non-Renewable Natural Resources and Forestry Resources

1. For the purposes of section 92A of this Act,
(a) production from a non-renewable natural resource is primary production therefrom if
(i) it is in the form in which it exists upon its 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.”

PART VII
GENERAL

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.

(2) The Constitution of Canada includes
(a) the Canada Act 1982, including this Act;
(b) the Acts and orders referred to in the schedule; and
(c) any amendment to any Act or order referred to in paragraph (a) or (b).

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

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

(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.

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.

[Note: On October 31, 1987, no proclamation had been issued under this section.]

54.1 Part iv.1 and this section are repealed on April 18, 1987.

[Note: Added by the Constitution Amendment Proclamation, 1983 (No. 46 infra).]

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.

[Note: On October 31, 1987, no proclamation had been issued under this section.]

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.

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

58. Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

[Note: The Constitution Act, 1982 was, subject to section 59 thereof, proclaimed in force on April 17, 1982 (No. 45 infra).]

59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a 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.

[Note: On October 31, 1987, no proclamation had been issued under this section.]

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.

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

[Note: Added by the Constitution Amendment Proclamation, 1983 (No. 46 infra). See also section 3 of the Constitution Act, 1985 (Representation) (No. 47 infra).]

SCHEDULE

SCHEDULE
to the
CONSTITUTION ACT, 1982
MODERNIZATION OF THE CONSTITUTION

Item Column I
Act Affected
Column II
Amendment
Column III
New Name
1. British North America Act, 1867, 30-31 Vict., c. 3 (U.K.) (1) Section 1 is repealed and the following substituted therefor:
“1. This Act may be cited as the Constitution Act, 1867.”
(2) Section 20 is repealed.
(3) Class 1 of section 91 is repealed.
(4) Class 1 of section 92 is repealed.
Constitution Act, 1867
2. An Act to amend and continue the Act 32-33 Victoria chapter 3; and to establish and provide for the Government of the Province of Manitoba, 1870, 33 Vict., c. 3 (Can.) (1) The long title is repealed and the following substituted therefor:
“Manitoba Act, 1870.”
(2) Section 20 is repealed.
Manitoba Act, 1870
3. Order of Her Majesty in Council admitting Rupert’s Land and the North-Western Territory into the union, dated the 23rd day of June, 1870 Rupert’s Land and North-Western Territory Order
4. Order of Her Majesty in Council admitting British Columbia into the Union, dated the 16th day of May, 1871 British Columbia Terms of Union
5. British North America Act, 1871, 34-35 Vict., c. 28 (U.K.) Section 1 is repealed and the following substituted therefor:
“1. This Act may be cited as the Constitution Act, 1871.”
Constitution Act, 1871
6. Order of Her Majesty in Council admitting Prince Edward Island into the Union, dated the 26th day of June, 1873 Prince Edward Island Terms of Union
7. Parliament of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.) Parliament of Canada Act, 1875
8. Order of Her Majesty in Council admitting all British possessions and Territories in North America and islands adjacent thereto into the Union, dated the 31st day of July, 1880 Adjacent Territories Order
9. British North America Act, 1886, 49-50 Vict., c. 35 (U.K.) Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act, 1886.”
Constitution Act, 1886
10. Canada (Ontario Boundary) Act, 1889, 52-53 Vict., c. 28 (U.K.) Canada (Ontario Boundary) Act, 1889
11. Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.) The Act is repealed.
12. The Alberta Act, 1905, 4-5 Edw. VII, c. 3 (Can.) Alberta Act
13. The Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42 (Can.) Saskatchewan Act
14. British North America Act, 1907, 7 Edw. VII. c. 11 (U.K.) Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1907.”
Constitution Act, 1907
15. British North America Act, 1915, 5-6 Geo. V, c. 45 (U.K.) Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act, 1915.”
Constitution Act, 1915
16. British North America Act, 1930, 20-21 Geo. V. c. 26 (U.K.) Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act, 1930.”
Constitution Act, 1930
17. Statute of Westminster, 1931, 22 Geo. V., c. 4 (U.K) In so far as they apply to Canada,
(a) section 4 is repealed; and
(b) subsection 7(1) is repealed.
Statute of Westminster, 1931
18. British North America Act, 1940, 3-4 Geo. VI, c. 36 (U.K.) Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1940.”
Constitution Act, 1940
19. British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.) This Act is repealed.
20. British North America Act, 1946, 9-10 Geo. VI, c. 63 (U.K.) This Act is repealed.
21. British North America Act, 1949, 12-13 Geo. VI, c. 22 (U.K.) Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Newfoundland Act.”
Newfoundland Act
22. British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.) This Act is repealed.
23. British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.) This Act is repealed.
24. British North America Act, 1952, 1 Eliz. II, c. 15 (Can.) This Act is repealed.
25. British North America Act, 1960, 9 Eliz. II, c. 2 (U.K.) Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1960.”
Constitution Act, 1960
26. British North America Act, 1964, 12-13 Eliz. II, c. 73 (U.K.) Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1964.”
Constitution Act, 1964
27. British North America Act, 1965, 14 Eliz. II, c. 4, Part I (Can.) Section 2 is repealed and the following substitued therefor:
“2. This Part may be cited as the Constitution Act, 1965.”
Constitution Act, 1965
28. British North America Act, 1974, 23 Eliz. II, c. 13, Part I (Can.) Section 3, as amended by 25-26 Eliz. II, c. 28, s. 38(1) (Can.), is repealed and the following substituted therefor:
“3. This Part may be cited as the Constitution Act, 1974.”
Constitution Act, 1974
29. British North America Act, 1975, 23-24 Eliz. II, c. 28, Part I (Can.) Section 3, as amended by 25-26 Eliz. II, c. 28, s. 31 (Can)., is repealed and the following substituted therefor:
“3. This Part may be cited as the Constitution Act (No. 1), 1975.”
Constitution Act (No. 1), 1975
30. British North America Act (No.2), 1975, 23-24 Eliz. II, c. 53 (Can.) Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act (No. 2), 1975.”
Constitution Act (No. 2), 1975

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