Draft on Section 121, Canadian Economic Union (14 July 1980)
Document Information
Date: 1980-07-14
By: Government of Canada [?]
Citation: Draft, For Discussion Purposes Only [Section 121] (14 July 1980).
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[637 North Roundup]
[M. Goldenberg]
CONFIDENTIAL
July 14, 1980 (2)
Canadian economic union
121. (1) Neither [Canada [illegible]] a law of Parliament or of a legislature nor a practice of the Government of Canada, of the Government of a province, of any department or agency of any such government or of any judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to a law of Parliament or of a legislature, shall discriminate in a manner that impedes the operation of the Canadian economic union, directly or indirectly, on the basis of the province or territory of residence or former residence of a person, on the basis of the province or territory of origin or destination of goods, services or capital or on the basis of the province or territory into which or from which goods, services or capital are imported or exported.
Derogation
(2) Nothing in subsection (1) precludes the enactment by Parliament or a legislature of a law or the engaging in a practice, or renders invalid a law or practice, that does not unreasonably impede the operation of the Canadian economic union and is in the national interest or in the provincial or local interest, respectively.
Idem
(3[2]) Nothing in subsection (1) precludes the enactment by Parliament or a legislature of a law, or renders invalid a law of Parliament or of a legislature enacted, in the interests of public safety, order, health or morals.
[Page 2]
CONFIDENTIAL
Idem
(4) Nothing in subsection (1) precludes the enactment by Parliament of a law, or renders invalid a law of Parliament enacted, in the interests of national security, or [pursuant to an international obligation undertaken by Canada] or to the principles of equalization and regional development to which Parliament and the legislatures are committed [or [illegible] by Parl to be in an [illegible].]
Customs union
(5) Nothing in subsections (2) to [or (3)] (4) authorizes the enactment of a law by Parliament or a legislature, or renders valid 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.