Document Information

Date: 1980-07-14 – 1980-07-24
By: Sub-Committee on Patriation/Amending Formula, Canada
Citation: Continuing Committee of Ministers on the Constitution, Report of the Sub-Committee on Patriation/Amending Formula, Doc 830-83/013 (Vancouver: 22-24 July 1980).
Other formats: Click here to view the original document (PDF).
Note: The PDF only includes Appendix C of the document, which is the Federal Draft Proposal of the Delegation of Legislative Authority (23 July 1980). The rest of the document will be added when it becomes available.

APPENDIX C
Vancouver, July 23, 1980

DRAFT PROPOSAL

DELEGATION OF LEGISLATIVE AUTHORITY

XX. (1) Notwithstanding anything in the Constitution of Canada, Parliament may make laws in relation to any matter, subject or class of subjects coming within the legislative jurisdiction of a province.

(2) No law may be ·enacted by Parliament under subsection (1) unless, prior to the enactment thereof, the legislature of at least one province has consented to the enactment of such a law by Parliament.

(3) No law enacted under subsection (1) has effect in any province unless the legislature of that province has consented to the operation of such a law in that province.

(4) Notwithstanding anything in the Constitution of Canada, the legislature of a province may make laws in the province in relation to any matter, subject or class of subjects coming within the legislative jurisdiction of Parliament

(5) No law may be en.acted by a province under subsection (4) unless, prior to the enactment thereof, Parliament has consented to the enactment of such a law by the legislature of that province.

(6) A consent given· under this section may relate to any matter, subject or class of subjects.

(7) Parliament or the legislature of a province may make laws for enforcing any law made by it under this section.

(8) A consent given under this section may at any time be revoked, and

(a) if a consent given under subsection (3) is revoked, any law made by Parliament to which the consent relates that is operative in the province in which the consent is revoked thereuoon ceases to have effect in that province: and

(b) if a consent given under subsection (5) is revoked any law made by the legislature of a province to which the consent relates thereupon ceases to have effect

(9) Parliament may repeal any law made by it under this section, insofar as it is part of the law of one or more provinces, but the repeal does not affect the operation of that law in any province to which the repeal does not relate.

(10) The legislature of a province may repeal any law made by it under this section .