The Canadian Constitution 1980: Proposed Resolution respecting the Constitution of Canada

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Canada

Preface

This is the full text, with explanatory notes, of a proposed Resolution tabled in the Senate and the House of Commons respecting the Constitution of Canada It is published by the Government of Canada in the interest of contributing to public discussion.

Additional copies may be obtained by writing to:

Publications Canada
Box 1986, Station “B”
OTTAWA, CANADA
K1P 6G6

PROPOSED RESOLUTION FOR JOINT ADDRESS TO HER MAJESTY THE QUEEN RESPECTING THE CONSTITUTION OF CANADA

TABLE OF CONTENTS

Section Pages
INTRODUCTION …. 6-9
RESOLUTION …. 10
ADDRESS TO HER MAJESTY …. 10
CANADA ACT 1-4 12
CONSTITUTION ACT, 1980 1-59 14-48
I CANADIAN CHARTER OF RIGHTS AND FREEDOMS 1-30 14-26
(a) Guarantee of Rights and Freedoms 1 14
(b) Fundamental Freedoms 2 14
(c) Democratic Rights 3-5 14-16
(d) Mobility Rights 6 16
(e) Legal Rights 7-14 16-18
(f) Non-discrimination Rights 15 20
(g) Official Languages of Canada 16-22 20-22
(h) Minority Language Educational Rights 23 22
(i) Undeclared Rights and Freedoms 24 24
(j) General 25-28 24
(k) Application of Charter 29 24
(l) Citation 30 26
II EQUALIZATION AND REGIONAL DISPARITIES 31 26
III CONSTITUTIONAL CONFERENCES 32 26
IV INTERIM AMENDING PROCEDURE AND RULES FOR ITS REPLACEMENT 33-40 26-32
V PROCEDURE FOR AMENDING CONSTITUTION OF CANADA 41-51 32-38
VI GENERAL 52-59 38-40
SCHEDULE I …. 42-48

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PROPOSED RESOLUTION FOR A JOINT
ADDRESS TO HER MAJESTY THE QUEEN
RESPECTING THE CONSTITUTION OF
CANADA

INTRODUCTION

This document has been prepared to assist in understanding the constitutional proposals now being made. It sets out the various formal measures necessary to bring about the amendment and “patriation” of the Constitution of Canada. In addition to transferring all authority to legislate for Canada from the United Kingdom to Canada and providing for future amendments to the Constitution to be made in Canada, the measures contain new constitutional provisions, such as the Canadian Charter of Rights and Freedoms, and provisions relating to the implementation of the constitutional changes.

At present, while some amendments to the Constitution may be made by Parliament or a provincial legislature acting alone, others require more complex action. They require the approval, by both Houses of the Parliament of Canada, of a resolution to amend the Constitution of Canada. Such Resolutions provide for a Joint Address of the Senate and House of Commons to be presented to the Queen asking her to forward the proposals to the Parliament of the United Kingdom for enactment.

In future, this procedure would not be necessary. The Constitution could be amended in Canada. For an interim period, it is proposed that the procedure for amending the Constitution would involve the consent of both Houses of Parliament and of all provinces. Thereafter, a permanent amending formula would come into effect by agreement, lapse of time or after a referendum. Under the proposed permanent procedure, most constitutional amendments could be made upon authorization by both Houses of Parliament and the legislative assemblies of at least six provinces representing all regions of Canada. However, a number of special rules would cover particular circumstances. Specifically, amendments that apply to some but not all provinces could be approved by Parliament and those provinces. Also, as is now the case, Parliament or a provincial legislature acting alone could, in some circumstances, amend certain provisions of the Constitution.

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The major elements of this document are:

THE PROPOSED RESOLUTION

The preamble to the proposed Resolution describes the historical position of Canada in respect of amendments to the Constitution, the present status of Canada as an independent state and the desire for change that has led the Senate and House of Commons to put forward the Resolution. The Address to the Queen, which is set out in the Resolution, is similar to previous Addresses to the Monarch and asks the Queen to lay the Canada Act before the Parliament of the United Kingdom for enactment.

THE CANADA ACT

The Canada Act commences with the recitals of the action taken in Canada that makes it appropriate for the United Kingdom Parliament to enact the proposed statute. The Act is technical in nature. It provides for the enactment of Schedule A, which sets out the French version of the Canada Act, so far as it is not contained in Schedule B. The enactment of the French version in this manner is necessary because the laws of the United Kingdom are enacted only in English. As provided in the Canada Act, the French and English versions would have equal authority in Canada. This would be the first time that a United Kingdom Act, enacted for Canada, would have an official French version. The Canada Act also provides for the enactment of the Constitution Act, 1980, which is set out in Schedule B and contains the new constitutional provisions. Finally, the Canada Act provides that no future United Kingdom laws shall apply to Canada.

THE CONSTITUTION ACT, 1980

The Constitution Act, 1980 is in the same bilingual format as Acts of the Parliament of Canada and the English and French versions would be equally authoritative. It contains important new provisions that, for the most part, are not closely linked to matters now provided for in the Constitution of Canada. It includes the Canadian Charter of Rights and Freedoms and provisions relating to equalization and regional disparities and constitu-

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tional conferences of first ministers as well as procedures whereby the Constitution could in future be amended in Canada. In addition, the Act provides for the preparation of the first official French version of the Constitution and would change the titles of previous British North America Acts so that they would in future be known as Constitution Acts. These name changes and other consequential amendments are set out in Schedule I to the Constitution Act, 1980.

Upon the adoption of the Canada Act by the United Kingdom Parliament, Canada would have a revised Constitution that forms part of the body of laws of Canada. It would be exclusively Canadian because, in future, it could be amended only in Canada.

In the explanatory notes that follow, a number of abbreviations have been used to facilitate reading and to avoid repetition.

1. References to “the B.N.A. Act” are references to the British North America Act, 1867, as amended.

2. The Constitution Act, 1980, being Schedule B to the Canada Act, is referred to as Schedule B.

3. The Canadian Charter of Rights and Freedoms, which is set out as Part I of the Constitution Act, 1980, is referred to as the Charter.

4. Sections are indicated to be “new” if they do not now appear in the written Constitution (i.e. the B.N.A. Act, 1867, as amended, or any subsequent constitutional enactment).

(1) In some cases, a “new” provision is substantially already law as an unwritten constitutional or legal principle (e.g. some aspects of the rights and freedoms contained in the Charter).

(2) In other cases, a “new” measure is derived from a non-constitutional statute, such as the Canadian Bill of Rights, referred to herein as the Bill of Rights.

If a “new” provision would replace another statutory provision, the explanatory note states the source from which it is derived.

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5. Some sections are indicated as being present sections “modified”. The term “modified” is used where a change from a present section is not so extensive as to warrant the description “new” but where a new idea is introduced into the present provision or where the modification is made for technical rather than substantive reasons.

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EXPLANATORY NOTES
Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada
Resolution: The proposed Resolution describes the historical position of Canada which has made it necessary for certain amendments to the Canadian Constitution to be enacted by the United Kingdom Parliament, the present status of Canada as an independent state and the desire for change that has led the Senate and House of Commons to put forward the resolution. WHEREAS in the past certain amendments to the Constitution of Canada have been made by the Parliament of the United Kingdom at the request and with the consent of Canada;
AND WHEREAS it is in accord with the status of Canada as an independent state that Canadians be able to amend their Constitution in Canada in all respects;
AND WHEREAS it is also desirable to provide in the Constitution of Canada for the recognition of certain fundamental rights and freedoms and to make other amendments to that Constitution.
NOW THEREFORE the Senate and the House of Commons, in Parliament assembled, resolve that a respectful address be presented to Her Majesty the Queen in the following words:
To the Queen’s Most Excellent Majesty: Most Gracious Sovereign:
The Address to the Queen: The Address is similar to previous Addresses to the Monarch and asks Her Majesty to lay the Canada Act before the Parliament of the United Kingdom for enactment. We, Your Majesty’s loyal subjects, the Senate and the House of Commons of Canada in Parliament assembled, respectfully approach Your Majesty, requesting that you may graciously be pleased to cause to be laid before the Parliament of the United Kingdom a measure containing the recitals and clauses hereinafter set forth:

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CANADA ACT

An Act to amend the Constitution of Canada
Preamble: The preamble to the Canada Act recites the action taken in Canada that makes it appropriate for the United Kingdom Parliament to enact the proposed Act. 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.
Enacting Clause: This is the form used in enacting United Kingdom laws. 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. Section 1 would enact the Constitution Act, 1980 set out in Schedule B. The Act, except the general amending procedure, would come into force on proclamation by the Governor General. (See sections 29, 57 and 58 of Schedule B.) 1. The Constitution Act, 1980 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. Constitution Act, 1980 enacted
2. Section 2 would re-enact, in modified form, section 4 of the Statute of Westminster, 1931. By reason of this section and the repeal, in so far as they relate to Canada, of section 4 and subsection 7(1) of that statute in item 16 of Schedule I to Schedule B, the United Kingdom Parliament would no longer be deemed to have authority to make laws for Canada. 2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1980 comes into force shall extend to Canada as part of its law. Parliament of United Kingdom not to legislate for Canada
3. This section would, for the first time in respect of a United Kingdom Act applicable to Canada, give equal authority to the English and French versions of the Act. The French version of the Act, so far as it is not contained in Schedule B, is set out in Schedule A because laws of the United Kingdom are only enacted in English. 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. French version
4. The short title of the Act would be the Canada Act. 4. This Act may be cited as the Canada Act. Short title

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SCHEDULE B
CONSTITUTION ACT, 1980
CONSTITUTION ACT, 1980
PART I
PART I
Sections 1-30. The Charter. At present, a number of rights and freedoms are provided for by law. At the federal level, they are found in such statutes as the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act and the Criminal Code. At the provincial level, laws have been enacted relating to such matters as non-discrimination, political and legal rights and, in a few instances, language rights. However, with few and limited exceptions, the rights and freedoms are not constitutionally guaranteed. What protection has been legislated yesterday can be removed or limited by another enactment tomorrow. The entrenchment of the rights contained in this Charter would place those rights beyond the ordinary reach of Parliament or a single provincial legislature.
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 as are generally accepted in a free and democratic society with a parlia- mentary system of government.

 Rights and Freedoms in Canada
The Charter would assure basic protection with respect to several categories of rights and freedoms, some of which are drawn from existing federal and provincial laws and some of which are new. The Charter provides for the following categories of rights: fundamental freedoms, democratic rights, mobility rights, legal rights, non-discrimination rights and language rights. The language rights relate to the use of English and French at the federal level in legislative proceedings, statutes and courts and in the provision by federal institutions of services to the public. In addition, certain rights to minority language educational instruction in each province and territory would be recognized.
Fundamental Freedoms

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion 10 and expression, including freedom of the press and other media of information; and
(c) freedom of peaceful assembly and of association.

 Fundamental freedoms
1. New. Section 1 expresses a constitutional guarantee of the rights and freedoms set out in the Charter while at the same time acknowledging that such rights may be subject to reasonable limits traditionally recognized by the courts in a democratic society with a parliamentary system of government.
Democratic Rights

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.

Democratic rights of citizens
2. Section 2 declares the fundamental freedoms of all people in Canada. They are, with some modifications, essentially the freedoms now found in section 1 of the Bill of Rights. In section 2 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. Duration of elected legislative bodies
(a) freedom of “religion” is expanded to include “conscience”.
(b) freedom of “thought”, etc., enlarges the prior freedom of “speech” to encompass not only the right to express one’s views but also the right to hold those views. It includes freedom of the press and modernizes that concept by expressly including other media of information.
(c) freedom of “peaceful assembly”, etc., adds the qualification “peaceful” to the prior freedom. Sections 3-5. These sections declare certain rights that are fundamental to the continued existence of a free and democratic parliamentary system.		 (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. Continuation in special circumstances
Sections 3-5. These sections declare certain rights that are fundamental to the continued existence of a free and democratic parliamentary system.

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3. New. Section 3 would ensure the right of citizens to vote and become members of legislative bodies. 5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. Annual sitting of legislative bodies
4. Section 4 would modify section 50 of the B.N.A. Act and similar provisions in provincial constitutions in respect of the dura tion of the House of Commons and the legislative assemblies and would combine the substa nce of those provisions with part of section 91, class 1 of the B.N.A. Act. It would gua rantee federal and provincial elections at least once every five years (except in time of real or a pprehended war, invasion or insurrection). (Section 9 1, class I would be repealed by section 51 of Schedule B.)
Mobility Rights

6. (1) Every citizen of Canada has the Rights of 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

Rights of citizens to move

Rights to move and gain livelihood
5. Section 5 would modify section 20 of the B.N.A. Act and similar provisions in provincial constitutions in respect of sittings of Parliament and the legislatures. It would require at least one sitting of those bodies every twelve months. (For repeals, see items I (2) and 2(2) of Schedule I to Schedule B.) (a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
6. Section 6 would recognize three rights. The first right is that of a citizen to enter, remain in and leave Canada. The other rights a re those of a citizen or permanent resident, firstl y, to move to and to take up residence in a ny province and, secondly, to seek a livelihood in any province, without discrimination based on provincial boundaries. These last two rights would be subject to the same general laws as are applicable to residents of that province (e.g. laws respecting the payment of taxes and the terms a nd conditions of employment) and to laws specifying reasonable residence requirements for newcomers as a condition for receiving public social services. (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.		 Limitation
Sections 7-14. These sections set out basic legal rights in Canada. Some of these rights are now recognized in the Bill of Rights and others would be recognized for the first time in this Act. Of the latter, some now find expression in the International Covenant on Civil and Political Rights (the U.N. Covenant) to which Canada became a party in 1976. All rights would have immediate a pplication except for the non-discrimination rights which would begin to apply three years later. (See the explanatory note for section 29.)
Legal Rights
7. This provision derives from section I of the Bill of Rights with some modifica tion in wording. 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. Life, liberty and security of person
8. New. This provision derives in part from the U.N. Covenant. 8. Everyone has the right not to be subjected to search or seizure except on grounds, and in accordance with procedures, established by law. Search or seizure
9. This provision derives from paragraph 2(a) of the Bill of Rights. 9. Everyone has the right not to be detained or imprisoned except on grounds, and in accordance with procedures, established by law. Detention or imprisonment
10. The provisions on arrest and detention are in essence the same as those set out in paragraph 2(c) of the Bill of Rights. 10. Everyone has the right on arrest or detention Arrest or detention
(a) to be informed promptly of the reasons therefor;

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(b) to retain and instruct counsel without delay; 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. Paragraphs 11 (c) and (d) would assure rights of an accused in criminal and penal proceedings at present found in paragraphs 2(e) and (j) of the Bill of Rights. Paragraphs 11(a), (b), (e), (j) and (g) would assure new rights of an accused in such proceedings and are drawn from similar provisions now found in the U.N. Covenant. 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) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(d) not to be denied reasonable bail except on grounds, and in accordance with procedures, established by law;
(e) 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;
(f) not to be tried or punished more than once for an offence of which he or she has been finally convicted or acquitted; and
(g) to the benefit of the lesser punishment where the punishment for an offence of which he or she has been convicted has been varied between the time of commission and the time of sentencing. 		Proceedings in criminal and penal matters
12. This provision derives from paragraph 2(b) of the Bill of Rights. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Treatment or punishment

13. The protection against self-crimination is an elaboration of the right now provided in paragraph 2(d) of the Bill of Rights. 13. A witness has the right when compelled to testify not to have any incriminating evidence so given used to incriminate him or her in any other proceedings, except a prosecution for perjury or for the giving of contradictory evidence. Self-crimination
14. This provision derives from paragraph 2(g) of the Bill of Rights. 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. Interpreter

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Non-discrimination Rights
15. The guarantee of the right to equality before the law and to the equal protection of the law without discrimination based on race, national or ethnic origin, colour, religion, age or sex derives essentially from section l of the Bill of Rights except for ethnic origin and age which are new. Subsection (2) would ensure that “affirmative action” programs for disadvantaged groups will not be prohibited even though such programs may discriminate among persons. Section 15 would not have application until three years after the coming into force of this Act. (See the explanatory note for section 29.) 15. (1) Everyone has the right to equality before the law and to the equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(2) This section does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged persons or groups.

 Equality before the law and equal protection of the law

Affirmative action programs
Sections 16-22. These sections would give constitutional equality of status to English and French and recognize language rights at the federal level.
Official Languages of Canada
16. (1) New. Subsection 16(1) declares English and French to be the official languages of Canada and would recognize their equality of status and use in all institutions of the Parliament and government of Canada. It derives from section 2 of the Official Languages Act 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. Official languages of Canada
(2) New. Subsection (2) anticipates legislation by Parliament and the legislatures to extend the status of English and French beyond that specified in the Charter. (2) 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. Extension of status and use
17. The right to use English and French in debates of Parliament is provided for in section 133 of the B.N.A. Act. The Charter would extend the right to cover other proceedings (e.g. Parliamentary committees). 17. Everyone has the right to use English or French in any debates and other proceedings of Parliament. Proceedings of Parliament
18. The requirement in section 18 to print and publish federal statutes, etc., in English and French derives from section 133 of the B.N.A. Act. The section would also ensure that both language versions are equally authoritative. 18. The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. Parliamentary statutes and records
19. This section would confirm the right to use both English and French in all courts established by Parliament. It derives from section 133 of the B.N.A. Act. 19. 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. Proceedings in courts established by Parliament
20. Section 20 would assure to members of the public the right, in specified circumstances, to use either English or French in communications with, and in receiving services from, institutions of the Parliament and government of Canada. The section derives in part from sections 9 and 10 of the Official Languages Act of Canada. 20. Any member of the public in Canada 30 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, as he or she may choose, and has the same right with respect to any other office of any such institution where that office is located within an area of Canada in which it is determined, in such manner as may be prescribed or authorized by Parliament, that Communications by public with federal institutions

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a substantial number of persons within the population use that language.
21. By section 21, existing language protection provided for by the present Constitution (e.g. the protection set out in section 133 of the B.N.A. Act and section 23 of the Manitoba Act, 1870) would be continued. 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. Continuation of existing constitutional provisions
22. New. This section would preserve existing rights and privileges relating to languages other than English and French. 22. Nothing in sections 16 to 20 abrogates or derogates rom 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. Rights and privileges preserved
Minority Language Educational Rights
23. New. Subsection (1) would establish a right for Canadian citizens whose first language learned and still understood is English or French to have their children educated in that language. Subsection (2) would enable citizens who move from one province to another to have their children educated in English or French if any of their children started their studies in that language. In both cases, the right would be subject to there being a sufficient number of students in a given area to warrant the provision in that area of minority language educational facilities. 23. (1) Citizens of Canada whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside have the right to have their children receive their primary and secondary school instruction in that minority language if they reside in an area of the province in which the number of children of such citizens is sufficient to warrant the provision out of public funds of minority language educational facilities in that area. Language of instruction
(2) Where a citizen of Canada changes residence from one province to another and, prior to the change, any child of that citizen has been receiving his or her primary or secondary school instruction in either English or French, that citizen has the right to have any or all of his or her children receive their primary and secondary school instruction in that same language if the number of children of citizens resident in the area of the province to which the citizen has moved, who have a right recognized by this section, is sufficient to warrant the provision out of public funds of minority language educational facilities in that area. Continuity of language of instruction

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Undeclared Rights and Freedoms
24. New. Section 24 would make it clear that the Charter is not intended to affect any rights and freedoms not specified in it, including those of the native peoples.

24. 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, including any rights or freedoms that pertain to the native peoples of Canada. Undeclared rights and freedoms
Sections 25-30. These sections are all new and would provide guidance as to how the rights and freedoms guaranteed by the Charter would apply.
General
25. Section 25 provides that any law that is inconsistent with the Charter is inoperative to the extent of the inconsistency. This would establish the supremacy of the Charter over all other laws. 25. Any law that is inconsistent with the provisions of this Charter is, to the extent of such inconsistency, inoperative and of no force or effect. Primacy of Charter
26. Section 26 would make it clear that no provision of the Charter other than the section respecting self-crimination (section 13) would affect existing or future laws respecting the admissibility of evidence. 26. No provision of this Charter, other than section 13, affects the laws respecting the admissibility of evidence in any proceedings or the authority of Parliament or a legislature to make laws in relation thereto. Laws respecting evidence
27. This section makes it clear that the Charter, where relevant, would apply in its entirety to the Yukon Territory and the Northwest Territories. 27. 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. Application to territories and territorial authorities
28. The Charter would not extend any legislative powers. 28. Nothing in this Charter extends the legislative powers of any body or authority. Legislative powers not extended
Application of Charter
29. On coming into force, the Charter would be entrenched in the Constitution and, except for the non-discrimination rights contained in section 15, would have immediate application. Section 15 would not have application for three years in order to permit Parliament and the provincial legislatures to make consequential amendments to other legislation. The Charter could only be amended under sections 36 and 50. 29. (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.		 Application of Charter
(2) Notwithstanding subsection (1), section 15 shall not have application until three years after this Act, except Part V, comes into force. Exception

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Citation
30. New. This section would give the Charter the title Canadian Charter of Rights and Freedoms. 30. This Part may be cited as the Canadian Charter of Rights and Freedoms. Citation
PART II
PART II

EQUALIZATION AND REGIONAL DISPARITIES
31. (1) New. Subsection (1) would affirm the commitment by Parliament and the provincial legislatures to promote equal opportunities, further economic development and provide essential public services. 31. (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 to promote equal opportunities
(2) New. Subsection (2) would affirm the commitment of the Parliament and government of Canada to take measures to ensure the provision of essential public services at reasonable levels of provincial taxation. (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. Commitment respecting essential public services
PART III
PART III

CONSTITUTIONAL CONFERENCES
32. This section would introduce a new obligation for federal-provincial discussions on the Constitution. A constitutional conference of first ministers would be convened annually until a general procedure for amending the Constitution of Canada comes into force under Part V. 32. 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. Constitutional conferences
PART IV
PART IV

INTERIM AMENDING PROCEDURE AND RULES FOR ITS REPLACEMENT
Sections 33-40. New. These sections would provide an interim procedure for amending the Constitution that would apply until such time as a general procedure comes into force. Part IV would also provide a mechanism whereby the Senate and House of Commons and the provincial legislative assemblies could choose to adopt the general 33. 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 Interim procedure for amending Constitution of Canada

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amending procedure set out in Part V or some other amending procedure prior to the day on which the procedure set out in Part V would come into force automatically (i.e. two years after the rest of the Act comes into force). Finally it would provide that, in the event of a lack of agreement as to an appropriate general amending procedure, upon provincial request the people would, by means of a referendum, choose between a procedure proposed by the goverment of Canada and one proposed by the provinces. the legislative assembly or government of each province.
33. This section sets out the general rule that, in the interim period, constitutional amendments would require the unanimous consent of both Houses of Parliament and the legislative assemblies or governments of all provinces.
34. This section provides a special rule whereby some amendments that would not apply to all provinces, such as the Terms of Union with certain provinces, could be made where authorized by both Houses of Parliament and the legislative assemblies of the provinces concerned. 34. 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. Amendment of provisions relating to some but not all provinces
35. The interim amending procedure could be initiated by the Senate, the House of Commons or a provincial legislative assembly or government. An authorization could be withdrawn before the amendment becomes law. 35. (1) The procedures for amendment described in sections 33 and 34 may be initiated either by the Senate or House of Commons or by the legislative assembly or government of a province. Rules applicable to amendment procedures
(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. Idem
36. This section would provide a limitation on the use of the interim amending procedure. If there is another procedure for amending the Constitution, such as section 91, class I or section 92, class I of the B.N.A. Act, during the interim period it would apply rather than the unanimity rules set out in sections 33 and 34. 36. Sections 33 and 34 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 33 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. Limitation on use of interim amending procedure
37. The interim amending procedure would be replaced by the general amending procedure, with or without amendments, two years after the rest of the Act comes into force or earlier if unanimous agreement is reached. If agreement is not reached and the provinces propose another procedure, the interim procedure would remain in effect until after a referendum is held under section 38. 37. Part V shall come into force
(a) with or without amendment, on such day as may be fixed by proclamation issued pursuant to the procedure prescribed by section 33, 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 38(3), Part V shall come into force as provided in section 39.		 Coming into force of Part V
38. Section 38 provides that if eight or more provinces having eighty per cent of the population of all provinces wish to propose an alternative general amending procedure 38.(1) The governments or legislative assemblies of eight or more provinces that have, according to the then latest general Provincial alternative procedure

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they could do so within two years after the rest of the Act comes into force. A referendum would then have to be held within a further two year period to decide whether the procedure proposed by the provinces or the procedure set out in paragraph 41(l)(b) (or another procedure proposed by the government of Canada) should be adopted as the general procedure for amending the Constitution. 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 41(1)(b) such alternative as they consider appropriate.
(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. Procedure for perfecting alternative
(3) Where copies of an alternative have been filed 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 filed 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 41(1)(b) or any alternative thereto proposed by the government of Canada by depositing a copy thereof 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.		 Referendum
39. Where a referendum is held, Part V, with any amendments necessary to reflect the choice of the voters, would come into force on proclamation issued within six months after the referendum. 39. Where a referendum is held under subsection 38(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. Coming into force of Part V where referendum held
40. Section 40 would authorize the making of rules for the holding of a referendum and would ensure the right of citizens to vote in a referendum. 40. (1) Subject to subsection (2), Parliament may make laws respecting the rules applicable to the holding of a referendum under subsection 38(3). Rules for referendum

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(2) Every citizen of Canada has, without Right to vote unreasonable distinction or limitation, the right to vote in a referendum held under subsection 38(3). Right to vote
PART V
PART V

PROCEDURE FOR AMENDING
CONSTITUTION OF CANADA
Sections 41-51. New. These sections would provide a general procedure whereby the Constitution of Canada could be amended in Canada. Under the procedure, amendments would be made by proclamation issued by the Governor General after specified prior authorization has been obtained. Except where otherwise indicated, the procedure derives from the proposed Canadian Constitutional Charter, 1971, known as the Victoria Charter. As set out in Part IV, the general amending procedure would come into force after the other provisions of the Canada Act. This would leave time for further discussion and for possible agreed changes in the procedure to be made before it has effect. (For coming into force, see also section 58.) 41. (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 a majority of the provinces that includes		 General procedure for amending Constitution of Canada
41. The proposed general procedure for amending most constitutional provisions, other than those that relate only to Parliament, the federal executive government or provincial constitutions and those for which the Constitution provides another amending procedure, derives from the Victoria Charter and is set out in subsection 41 (1). For an amendment to be made under the general procedure, it would be necessary to have the approval of the Senate and House of Commons and the legislative assemblies of at least six provinces representing all regions of Canada. (See subsection 41(2) for definitions.) (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) at least two of the Atlantic provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Atlantic provinces, and
(iii) at least two of the Western provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Western provinces.
(2) In this section, Definitions
“Atlantic provinces” means the provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland; “Atlantic provinces”
“Western provinces” means the provinces of Manitoba, British Columbia, Saskatchewan and Alberta. “Western provinces”
42. This provision, which is not found in earlier proposals, would permit an amendment to the Constitution to be made upon authorization by a national referendum 42. (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Amendment authorized by referendum

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initiated by the government of Canada. For an amendment to be authorized by a referendum, a double majority would be needed; a majority of all votes cast and a majority of the votes cast in six or more provinces representing all regions of Canada. Great Seal of Canada where so authorized by a referendum held throughout Canada under subsection (2) at which
(a) a majority of persons voting thereat, and
(b) a majority of persons voting thereat in each of the provinces, resolutions of the legislative assemblies of which would be sufficient, together with resolutions of the Senate and House of Commons, to authorize the issue of a proclamation under subsection 41(1),
have approved the making of the amendment.
(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 authorized by resolutions of the Senate and House of Commons. Authorization of referendum
43. This section provides a special rule whereby amendments that would not apply to all provinces, such as Terms of Union with certain provinces, could be made upon authori7;ation by the Senate and House of Commons and the provinces concerned. 43. An amendment to the Constitution of Canada in relation to any provision that a pplies 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 of provisions relating to some but not all provinces
44. Where the Senate does not approve a constitutional amendment approved by the House of Commons, the amendment could nevertheless be made if, after a delay period, the House of Commons approves the amendment a second time. 44. An amendment to the Constitution of Canada may be made by proclamation under subsection 41(1) or section 43 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 ninety days, the House of Commons again passes the resolution, but any period when Parliament is prorogued or dissolved shall not be counted in computing those ninety days. Amendments without Senate resolution
45. The procedures for amendment set out in sections 41 and 43 could be initiated at the national or provincial level. An authorization could be withdrawn prior to the making of the authorized amendment. 45. (1) The procedures for amendment described in subsection 41 (1) and section 43 may be initiated either by the Senate or House of Commons or by the legislative assembly of a province. Rules applicable to amendment procedures

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(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. Idem
46. This section would authorize the making of rules for the holding of a referendum and would ensure the right of citizens to vote in a referendum. 46. (1) Subject to subsection (2), Parliament may make laws respecting the rules applicable to the holding of a referendum under section 42. Rules for referendum
(2) Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in a referendum held under section 42. Right to vote
47 This section would make it clear that the general procedure for amendment does not apply where the Constitution contains another procedure for makmg an amendment such as the procedure set out in section 48 or 49. (But see also section 50.) 47. The procedures prescribed by section 41, 42 or 43 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 41 or 42 shall nevertheless be used to amend any provision for amending the Constitution, including this section, and section 41 may be used in making a general consolidation or revision of the Constitution. Limitation on use of general amending formula
48. This section, together with section 50, would clarify and limit the existing power of Parliament pursuant to section 91, class I of the B.N.A. Act to amend the Constitution and that class would be repealed when Part V comes into force. (See also section 51.) 48. Subject to section 50, 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 Parliament
49. This section, together with paragraph 50 (a), would define the power of the provinces to amend their own constitutions. It would replace section 92, class I of the B.N.A. Act, which would be repealed when Part V comes into force. (See also section 51.) 49. Subject to section 50, the legislature of each province may exclusively make laws amending the constitution of the province. Amendments by provincial legislatures
50. Section 50 would make it clear that certain provisions of particular importance in the Constitution, or that might appear to come within another amending procedure, could only be amended under the procedure set out in section 41 or 42 which involves either both Houses of Parliament and the provincial legislative assemblies or a national referendum. For example, just as at present, a province could not change the office of Lieutenant Governor under its power to amend the provmc1al constitution. Similarly, Parliament could not alter the role of the Governor General under its power to amend the Constitution in relation to the executive government of Canada. These changes could only be made under the general amending procedure. 50. An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with a procedure prescribed by section 41 or 42:
(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 31;
(d) the powers of the Senate;
(e) the number of members by which a province is entitled to be represented in the		 Matters requiring amendment under general formula

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Senate and the residence qualifications of Senators;
(f) the right of a prov ince 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.
51. When Part V comes into force, two provisions of the B.N.A. Act that contain aut hority to amend the Constitution would be repealed together with the provisions of this Act respecting interim amendments and annual constitutional conferences. 51. 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 15 Schedule I to this Act and Parts III and IV of this Act are repealed. Consequential amendments
PART VI
PART VI
GENERAL
52. (1) New. This subsection would specify for the first time that certain constit ut ional Acts and Orders are to be included in the expression “Constitution of Canada”. These documents are listed in Schedule I to Schedule B. The subsection does not exclude other Acts and Orders from also being a part of the Constitution. 52. (1) 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).		 Constitution of Canada
(2) New. Subsection 52(2) expresses the general rule that amendments to the Constitution may henceforth only be made by the Canadian procedure provided in the Constitution. (2) Amendments to the Constitution of 25 Amendments to Canada shall be made only in accordance Constitution of Canada with the authority contained in the Constitution of Canada. Amendments to Constitution of Canada
53. New. This section would repeal or amend various Acts and Orders forming the Constitution of Canada consequential on the adoption of the Canada Act, would rename the British North America Acts to be Constitution Acts and modernize certain other titles of constitutional documents. It would also continue those Acts and Orders as law in Canada, whether or not they are repealed as law in the United Kingdom, and amend other enactments by reference to reflect the new titles. 53. (1) The enactments referred to in Repeals and Column I of Schedule I are hereby repealed, 30 new names or amended to the extent indicated in Column III thereof, and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof. Repeals and new names
(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 40 America Act not referred to in Schedule I may be cited as the Constitution Act fol- Consequential amendments

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lowed by the year and number, if any, of its enactment.
54. New. Many of the documents composing the Constitution of Canada were enacted by the United Kingdom Parliament, which enacted them only in English. While unofficial French versions appear in the Statutes of Canada, they do not have legal status. This section would provide for the enactment of official French versions of those documents. 54. A French version of the portions of the of Constitution 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. French version of Constitution of Canada
55-56. Where any part of the Constitution of Canada is enacted in English and French, both language versions would be equally authoritative, as would both language versions of Schedule B. 55. 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 54, the English and French versions of that portion of the Constitution are equally authoritative. English and French version
56. The English and French versions of this Act are equally authoritative. English and French version
57-58. Schedule B would come into force on proclamation except for Part V which would come into force as set out in sections 33 to 40. 57. Subject to section 58, this Act shall into force on a day to be fixed by 25 proclamation issued by the Governor General under the Great Seal of Canada. Commencement
58. Part V shall come into force as provided in Part IV. Exception respecting amending formula
59. This section would provide a short title for Schedule B. 59. This Schedule may be cited as the Constitution Act, 1980 and the Constitution Acts, 1867 to 197 5 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1980. Citations

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SCHEDULE I
to the
CONSTITUTION ACT, 1980
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.		 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 British Columbia into the Union, dated the 16th day of May, 1871. British Columbia Terms of Union
4.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
5.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
6.Parliament of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.) Parliament of Canada Act, 1875
7.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
8.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

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Item
Column I
Act Affected
Column II
Amendment
Column III
New Name
9. Canada (Ontario Boundary) Act, 1889, 52-53 Vict., c. 28 (U.K.) Canada (Ontario Boundary) Act, 1889
10. Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.) The Act is repealed.
11. The Alberta Act, 1905 4-5 Edw. VII, c. 3 (Can.) Alberta Act
12. The Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42 (Can.) Saskatchewan Act
13. 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
14. 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
15. 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
16. Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.) In so far as they apply to Canada,
(a) the expression “and Newfoundland” in section 1 and subsection 10(3) is repealed;
(b) section 4 is repealed; and
(c) subsection 7(1) is repealed.		 Statute of Westminster, 1931
17. 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
18. British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.) The Act is repealed.

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Item
Column I
Act Affected
Column II
Amendment
Column III
New Name
19. British North America Act, 1946, 9-10 Geo. VI, c. 63 (U.K.) The Act is repealed.
20. 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
21 . British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.) The Act is repealed. (effective when section 51 of the Constitution Act, 1980 comes into force)
22. British North America Act, 1951, 14-15 Geo. VI, c . 32 (U.K.) The Act is repealed.
23. British North America Act, 1952, I Eliz. II, c. 15 (Can.) The Act is repealed.
24. 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
25. 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
26. British North America Act, 1965, 14 Eliz. II, c. 4, Part I (Can.) Section 2 is repealed and the following substituted therefor:
“2. This Part may be cited as the Constitution Act, 1965.”		 Constitution Act, 1965
27. 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

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Item
Column I
Act Affected
Column II
Amendment
Column III
New Name
28. 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
29. 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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