Document Information

Date: 1980-12-12
By: Department of Justice, Government of Canada
Citation: [Department of Justice?], [DRAFT], Constitution Act, 1980.
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Note: This document is discussed in an article that has been recently submitted to a peer-review journal.

SCHEDULE B

CONSTITUTION ACT, 1980

PART I

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

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 are demonstrably justifiable in a free and democratic society.

Fundamental Freedoms

Fundamental freedoms

2. Everyone has the following fundamental freedoms:

(a) freedoms of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of information;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Democratic Rights

Democratic rights of citizens

3. Every citizen of Canada has, without unreasonable distinction or limitation, 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.

Duration of elected legislative bodies

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.

Continuation in special circumstances

(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.

Annual sitting of legislative bodies

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

Mobility Rights

Rights of citizens to move

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

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Rights to move and gain livelihood

(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.

Limitation

(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.

Legal Rights

Life, liberty and security of person

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

Search and seizure

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

Detention or imprisonment

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

Arrest or detention

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 promptly 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.

Proceedings in criminal and penal matters

11. Anyone charged with an offence has the right

(a) to be informed promptly of the specific offence;

(b) to be tried within a reasonable time

(c) not to be compelled to testify against oneself in proceedings in respect of the charge;

(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;

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(f) except in the case of an offence under military law, to the benefit of trial by jury where the maximum punishment for the offence of which the person has been charged is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission that at the time of the act or omission did not constitute an offence under Canadian or international law;

(h) not to be tried or punished more than once for an offence of which the person has, in Canada, been finally convicted or acquitted; and

(i) to the benefit of the lesser punishment where the punishment for an offence of which the person has been convicted has been varied between the time of commission and the time of sentencing.

Treatment or punishment

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

Self-crimination

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

Interpreter

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

Property Rights

Property rights

15. Everyone has the right to the enjoyment of property and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Equality Rights

Equality before and under the law and equal protection and benefit of the law

16. (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 on the basis of sex, race, national or ethnic origin, colour, religion or age.

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Affirmative action programs

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

Official Languages of Canada

Official languages of Canada

17. (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.

Official languages of province

(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.

Extension of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to extend the status or use of English and French or either of those languages.

Proceedings of Parliament Proceedings of legislature

18. (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.

Parliamentary statutes and records

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

Statutes and records of legislature

(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.

Proceedings in courts established by Parliament

20. (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.

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Proceedings in courts

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

Communications by public with federal institutions

21. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or with 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 there is a significant demand for, or for any other reason it is reasonable to require that there be, communications with and services from that office in both English and French.

Communications by public with provincial institutions

(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.

Constitution of existing constitutional provisions

22. Nothing in sections 17 to 21 abrogates or derogates from any existing right, privilege or obligation with respect of the English and French languages, or either of the ^[them] that exists or is continued by virtue of any other provision of the Constitution of Canada.

Rights and privileges preserved

23. Nothing in sections 17 to 21 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

Language of isntruction

24. (1) Citizens of Canada of

(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 anywhere in Canada in the language, whether English or French, of the linguistic minority population of the province in which they reside,

have the right to have their children receive primary and secondary school instruction in that language in that province.

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Continuity of language instruction

(2) Citizens of Canada of whom one child has received 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.

Limitation on right

(3) The right of citizens of Canada on right under this section to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province applies where the number of children of citizens who have such a right is sufficient to warrant the provision out of public funds of minority language instruction.

Undeclared Rights and Freedoms

Undeclared rights and freedoms

25. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the freedoms existence of any other rights or freedoms that exist in Canada, including any rights or freedoms that pertain to the native peoples of Canada.

General

Enforcement of declared rights and freedoms

26. Where no other effective remedy is provided for by law, anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied has the right to apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Interpretation of Charter

27. This Charter shall be interpreted in a manner consistent with the object of promoting the preservation and enhancement of the diverse cultural heritages of Canadians.

Application to territories and territorial authorities

28. 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

Legislative powers not extended

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

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Application of Charter

30. (1) This Charter applies (a) to the Parliament and government of Canada and to 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 and to all matters within the authority of the legislature of each province.

Exception

(2) Notwithstanding subsection (1), section 16 shall not have application until three years after this Act, except Part V, comes into force.

Citation

Citation

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

PART II

EQUALIZATION AND REGIONAL DISPARITIES

Commitment to promote equal opportunities

32. (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.

Commitment respecting essential public services

(2) Parliament and the government of Canada are committed to taking such measures as are appropriate to ensure that provinces are able to provide the essential public services referred to in paragraph (1)(c) without imposing an undue burden of provincial taxation.

PART III

CONSTITUTIONAL CONFERENCES

Constitutional conferences

33. Until Part V comes into force, 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 at least once in every year unless, in any year, a majority of those composing the conference decide that it shall not be held.

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PART IV

INTERIM AMENDING PROCEDURE AND RULES FOR ITS REPLACEMENT

Interim procedure for amending Constitution of Canada

34. Until Part V comes into force, 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 resolutions of the Senate and House of Commons and by the legislative assembly or government Canada of each province.

Amendment of provisions relating to some but not all provinces

35. Until Part V comes into force, an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and by the legislative assembly or government of each province to which the amendment applies.

Rules applicable to amendment procedures

36. (1) The procedures for amendment described in sections 34 and 35 may be initiated either by the Senate or House of Commons or by the legislative assembly or government of a province.

Idem

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

Limitation on use of interim amending procedure

37. Sections 34 and 35 do not apply to an amendment to the Constitution of Canada where there is another provision in the Constitution for making the amendment, but the procedure prescribed by section 34 shall be used to amend the Canadian Charter of Rights and Freedoms and any provision for amending the Constitution, including this section, and may be used in making a general consolidation and revision of the Constitution.

Coming into force

38. Part V shall come into force

Force of Part V

(a) with or without amendment, on such day as may be fixed by proclamation issued pursuant to the procedure prescribed by section 34, or

(b) on the day that is two years after the day this Act, except Part V, comes into force,

whichever is the earlier day but, if a referendum is required to be held under subsection 39(3), Part V shall come into force as provided in section 40.

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Provincial alternative procedure

39. (1) The legislative assemblies or governments of eight or more provinces that have, according to the then latest general census, combined populations of at least eighty per cent of the population of all the provinces may make a single proposal to substitute for paragraph 42 (1){b) such alternative as they consider appropriate.

Procedure for perfecting alternative

(2) One copy of an alternative proposed under subsection (1) may be deposited with the Chief Electoral Officer of Canada by each proposing province within two years after this Act, except Part V, comes into force but, prior to the expiration of that period, any province that has deposited a copy may withdraw that copy.

Referendum

(3) Where copies of an alternative have been deposited as provided by subsection (2) and, on the day that is two years after this Act, except Part V, comes into force, at least eight copies remain deposited by provinces that have, according to the then latest general census, combined populations of at least eighty per cent of the population of all the provinces, the government of Canada shall cause a referendum to be held within two years after that day to determine whether

(a) paragraph 42 (1)(b) or any alternative thereto approved by the Parliament or government of Canada and deposited with the Chief Electoral Officer at least ninety days prior to the day on which the referendum is held, or

(b) the alternative proposed by the provinces, shall be adopted.

40. Where a referendum is held under subsection 39 (3), a proclamation under the Great Seal of Canada shall be issued within six months after the date of the referendum bringing Part V into force with such modifications, if any, as are necessary to incorporate the proposal approved by a majority of the persons voting at the referendum and with such other changes as are reasonably consequential on the incorporation of that proposal.

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Right to vote

41. (1) Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in a referendum held under subsection 39 (3).

Establishment of Referendum Rules Commission

(2) If a referendum is required to be held under subsection 39(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, or

(ii) if the governments of a majority of provinces do not recommend a candidate within thirty 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 the first mentioned thirty day period or, if none are so recommended, from among such persons as the Chief Justice considers fit.

Duty of Commission

(3) A Referendum Rules Commission shall, within sixty days after it is established, by majority decision recommend to Parliament rules for the holding of a referendum under subsection 39 (3).

Rules for referendum

(4) Subject to subsection (1) and upon consideration of any recommendations made by a Referendum Rules Commission in accordance with subsection (3), Parliament may enact laws respecting the rules applicable to the holding of a referendum under subsection 39(3).

PART V

PROCEDURE FOR AMENDING CONSITUTION OF CANADA

General procedure for amending Constitution of Canada

42. (1) An amendment to the Constitution of Canada may be made by for 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

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(b) resolutions of the legislative assemblies of at least a majority of the provinces that includes

(i) every province that at any time before the issue of the proclamation had, according to any previous general census, a population of at least twenty-five per cent of the population of Canada,

(ii) two or more Atlantic provinces, and

(iii) two or more Western provinces that have in the aggregate, according to the then latest general census, a combined population of at least fifty per cent of the population of all the Western provinces.

Definitions

(2) In this Part,

“Atlantic provinces”

“Atlantic provinces” means the provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland;

“region”

“region” means

(i) every province that at any time had, according to any previous. general census, a population of at least twenty-five per cent of the population of Canada,

(ii) the Atlantic provinces, and

(iii) the Western provinces;

“Western provinces”

“Western provinces” means the provinces of Manitoba, British Columbia, Saskatchewan and Alberta.

Amendment authorized by referendum

43. (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 referendum held throughout Canada under subsection (2) at which the making of the amendment has been approved by

(a) a majority of persons voting thereat, and

(b) a majority of persons voting thereat in each region including a majority of persons voting thereat in

(i) two or more of the Atlantic provinces, and

(ii) two or more Western provinces that have in the aggregate, according to the then latest general census, a combined population of at least fifty per cent of the population of all the Western provinces.

Authorization of referendum

(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

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(a) an amendment to the Constitution of Canada has been authorized under paragraph 42 (1)(a) by resolutions of the Senate and House of Commons;

(b) the requirements of paragraph 42 (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.

Time limit for referendum

(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.

Amendment of provisions relating to some but not all provinces

44. An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may.be made by proclamation issued by the Governor General under the Great Seal of Canada 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.

Amendment without Senate resolution

45. (1) An amendment to the Constitution of Canada, other than an amendment in relation to a matter referred to in subsection 52(l), may, be made by proclamation under subsection 42 (1) or section 44 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 niney [sic] days, the House of Commons again passes the resolution.

Computation of period

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

Rules applicable to amendment procedures

46. (1) The procedures for amendment described in subsection 42 (1) and section 44 may be initiated either by the Senate or House of Commons or by the legislative assembly of a province.

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Idem

(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.

Right to vote

47. (1) Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in a referendum held under section 43.

Establishment of Referendum Rules Commission

(2) Where a referendum is to be held under section 43, 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, or

(ii) if the governments of a majority of provinces do not recommend a candidate within thirty 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 the first mentioned thirty day period or, if none are so recommended, from among such persons as the Chief Justice considers fit.

Duty of commission

(3) A Referendum Rules Commission shall, within sixty days after it is established, by majority decision recommend to Parliament rules for the holding of a referendum under section 43.

Rules for referendum

(4) Subject to subsection (1) and upon consideration of any recommendations made by a Referendum Rules Commission in accordance with subsection (3), Parliament may enact laws respecting the rules applicable to the holding of a referendum under section 43.

Limitation on use of general amending procedure

48. (1) The procedures prescribed by section 42, 43 or 44 do not apply to an amendment to the Constitution of Canada where there is another provision in the Constitution for making the amendment, but the procedures prescribed by section 42 or 43 shall, nevertheless, be used to amend any provision for amending the Constitution.

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Idem

(2) The procedures prescribed by section 42 or 43 do not apply in respect of an amendment referred to in section 44.

Amendments by Parliament

49. Subject to section 51, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate or House of Commons.

Amendments by provincial legislatures

50. Subject to section 51, the legislature of each province may exclusively make laws amending the constitution of the province.

Matters requiring amendment under general amending procedure

51. An amendment to the Constitution of Canada in relation to he following matters may be made only in accordance with a procedure prescribed by section 42, as modified by section 45, or by section 43:

(a) the office of the Queen, the Governor General and the Lieutenant Governor of a province;

(b) the Canadian Charter of Rights and Freedoms;

(c) the commitments relating to equalization and regional disparities set out in section 32;

(d) the powers of the Senate;

(e) 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;

(f) 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; and

(g) the principles of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada.

Amendments relating to bicameral structure of Parliament

52. (1) An amendment to the Constitution of Canada in relation to the bicameral structure of Parliament may be made only in accordance with a procedure prescribed by section 42 or by subsection (2) of this section.

Procedure for amendment

(2) An amendment to the Constitution of Canada in relation to the bicameral structure of Parliament 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;

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(b) resolutions of the legislative assemblies of the provinces that would be sufficient, together a with resolutions of the Senate and House of Commons, to authorize the issue of a proclamation under subsection 42 (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 43 (1).

Authorization of referendum

(3) A referendum referred to in subsection (2) shall be held where directed by proclamation authorized by the Governor General in Council and issued by the Governor General under the Great Seal of Canada.

Time limit for referendum

(4) A proclamation issued under subsection (3) in respect of a referendum to approve an amendment to the Constitution of Canada shall provide for the referendum to be held within two years after the passage of the last resolution of a provincial legislative assembly authorizing the amendment that is necessary to meet the requirements of paragraph (2)(b).

Computation of period

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

Consequential amendments

53. Class 1 of section 91 and class 1 of section 92 of the Constitution Act, 1867 (formerly named the British North America Act, 1867), the British North America (No. 2) Act, 1949, referred to in item 21 of Schedule I to this Act and Parts III and IV of this Act are repealed.

PART VI

AMENDMENT TO THE CONSTITUTION ACT, 1867

Amendment to Constitution Act, 1867

54. (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

Laws respecting non-renewable 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 forestry 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

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

Export from provinces of resources

(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 an the reduction 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

(3) Nothing in sub section (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.

Taxation of resources

(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.

“Primary production”

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

Existing powers or rights

(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.”

Idem

55. The said Act is further 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 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

 Primacy of Constitution of Canada

56. (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.

Constitution of Canada

(2) The Constitution of Canada includes

(a) the Canada Act;

(b) the Acts and orders referred to in Schedule I; and

(c) any amendment to any Act or order referred to in paragraph (a) or (b).

Amendments to Constitution of Canada

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

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Repeals and new names

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

Consequential amendments

(2) Every enactment, except the Canada Act, that refers to an enactment referred to in Schedule I 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 Schedule I may be cited as the Constitution Act followed by the year and number, if any, of its enactment.

French version of Constitution of Canada

58. A French version of the portions of the Constitution of Canada referred to in Schedule I 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.

English and French versions

59. Where any portion of the and French Constitution of Canada has been or versions is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 58, the English and French versions of that portion of the Constitution are equally authoritative.

English and French versions

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

Commencement

61. Subject to section 62, this Act shall come into force on a day to be fixed by proclamation issued by the Governor General under the Great Seal of Canada.

Exception respecting amending procedure

62. Part V shall come into provided in Part IV.

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Short Title and citations

63. 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.

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SCHEDULE l

to the

CONSTITUTION ACT, 1980

MODERNIZATION OF THE CONSTITUTION

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SCHEDULE I

to the

CONSTITUTION ACT, 1980–Continued

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SCHEDULE I

to the

CONSTITUTION ACT, 1980–Continued

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SCHEDULE I

to the

CONSTITUTION ACT, 1980–Concluded