Document Information

Date: 1980[?]
By: Department of Justice[?]
Citation: Unknown Draft, Natural Resources Amendment, n.d. [with notes]
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Moved that⁽¹⁾

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 sections:

“PART VI

AMENDMENT TO THE CONSTITUTION ACT, 1867

Amendment to Constitution Act, 1867

52. (1) The Constitution Act, 1867 (formerly known as the British North America Act, 1867) is amended by renumbering section 92 as subsection 92(1) and by adding to that section the following subsections:

“Non-Renewable Natural Resources, Forestry Resources and Electrical Energy⁽²⁾

Laws respecting non-renewable natural resources, forestry resources and electrical energy

(2) 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.⁽³⁾

Export from provinces of resources

(3) 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.

Authority of Parliament

(4) Nothing in subsection (3) 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 ^[OK,] conflict (are inconsistent), the law of Parliament prevails to the extent of the conflict (inconsistency).⁽⁴⁾

Taxation of resources

(5) 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

^{[92.1 OK]} (a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and

Notes from Draftsman:

(1) The precise expression of the enacting words will depend on whether it is decided by t he Committee to report the proposed Resolution as amended or to report the proposed Resolution together with proposed amendments.

(2) These provisions would better be set out in a separate section 92.1 with this title because the present title for section 92 is inaccurate for this material and raises a legal problem for subsections (3) to (7). If the provisions are included as subsections of section 92, this title would be deleted.

(3) Are the words “and production” useful here?.

(4) See section 25 of Charter.

[Page 2]

(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.

“Primary production”

(6) The expression “primary production” has the meaning assigned by the Sixth Schedule.

Existing powers or rights

(7) Nothing in subsections (2) to (6) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of those subsections (this section).”⁽¹⁾

Idem

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 subsections 92(2) to (5) 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 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 ⁽²⁾

(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.

Notes from draftsman:

(1) See note 2 on page 1.

(2) From a drafting point of view the repetition of the word “refining” appears to be unnecessary.