END NOTES

(80)

Enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c. 11, which came into force on April 17, 1982. The Canada Act 1982, other than Schedules A and B thereto, reads as follows:

An Act to give effect to a request by the Senate and House of Commons of Canada

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.

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. The Constitution Act, 1982 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.

2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law.

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.

4. This Act may be cited as the Canada Act 1982.

(96)

Subsections 35(3) and (4) were added by the Constitution Amendment Proclamation, 1983. See SI/84-102.

(97)

Section 35.1 was added by the Constitution Amendment Proclamation, 1983. See SI/84-102.

(98)

See the footnotes to sections 114 and 118 of the Constitution Act, 1867.

(99)

Section 54 provided for the repeal of Part IV one year after Part VII came into force. Part VII came into force on April 17, 1982 thereby repealing Part IV on April 17, 1983.

Part IV, as originally enacted, read as follows:

37. (1) 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 within one year after this Part comes into force.

(2) The conference convened under subsection (1) shall have included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on that item.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of the conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(100)

Part IV.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1.

Part IV.1, as originally enacted, read as follows:

37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.

(2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(4) Nothing in this section shall be construed so as to derogate from subsection 35(1).

(101)

Prior to the enactment of Part V certain provisions of the Constitution of Canada and the provincial constitutions could be amended pursuant to the Constitution Act, 1867. See the footnotes to section 91, Class 1 and section 92, Class 1 thereof, supra. Other amendments to the Constitution could only be made by enactment of the Parliament of the United Kingdom.

(102)

The amendment is set out in the Consolidation of the Constitution Act, 1867, as section 92A thereof.

(103)

The amendment is set out in the Consolidation of the Constitution Act, 1867, as the Sixth Schedule thereof.

(104)

Part VII came into force on April 17, 1982. See SI/82-97.

(105)

Section 54.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on April 18, 1987.

Section 54.1, as originally enacted, read as follows:

“54.1 Part IV.1 and this section are repealed on April 18, 1987.

(106)

The Act, with the exception of paragraph 23(1)(a) in respect of Quebec, came into force on April 17, 1982 by proclamation issued by the Queen. See SI/82-97.

(107)

No proclamation has been issued under section 59.

(108)

Section 61 was added by the Constitution Amendment Proclamation, 1983. See SI/84-102.

See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I and the Constitution Amendment, 1987 (Newfoundland Act) SI/88-11.