35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada.

(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.(96)

35.1 The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the “Constitution Act, 1867”, to section 25 of this Act or to this Part,

(a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and
(b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item.(97)

36. (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.

(2) Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.(98)

38. (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 two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.

(2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).

(3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.

(4) A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates.

39. (1) A proclamation shall not be issued under subsection 38(1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent.

(2) A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder.

40. Where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply.

41. An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province:

(a) the office of the Queen, the Governor General and the Lieutenant Governor of a province;
(b) the right of a province to a number of members in the House of Commons not less than the number of Senators by which the province is entitled to be represented at the time this Part comes into force;
(c) subject to section 43, the use of the English or the French language;
(d) the composition of the Supreme Court of Canada; and
(e) an amendment to this Part.

42. (1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):

(a) the principle of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada;
(b) the powers of the Senate and the method of selecting Senators;
(c) the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators;
(d) subject to paragraph 41(d), the Supreme Court of Canada;
(e) the extension of existing provinces into the territories; and
(f) notwithstanding any other law or practice, the establishment of new provinces.

(2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1).

43. An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces, including

(a) any alteration to boundaries between provinces, and
(b) any amendment to any provision that relates to the use of the English or the French language within a province,

may be made by proclamation issued by the Governor General under the Great Seal of Canada only 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.

44. Subject to sections 41 and 42, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons.

45. Subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province.

46. (1) The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province.

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

47. (1) An amendment to the Constitution of Canada made by proclamation under section 38, 41, 42 or 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution.

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

48. The Queen's Privy Council for Canada shall advise the Governor General to issue a proclamation under this Part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this Part.

49. 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 fifteen years after this Part comes into force to review the provisions of this Part.

52. (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.

(2) The Constitution of Canada includes

(a) the Canada Act 1982, including this Act;
(b) the Acts and orders referred to in the schedule; and
(c) any amendment to any Act or order referred to in paragraph (a) or (b).

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

53. (1) The enactments referred to in Column I of the schedule 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.

(2) Every enactment, except the Canada Act 1982, that refers to an enactment referred to in the schedule 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 the schedule may be cited as the Constitution Act followed by the year and number, if any, of its enactment.

54. Part IV is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada.(104)

54.1 Repealed.(105)

55. A French version of the portions of the Constitution of Canada referred to in the schedule 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.

56. 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 55, the English and French versions of that portion of the Constitution are equally authoritative.

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

58. Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.(106)

59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

(2) A proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of Quebec.(107)

(3) This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

60. This Act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982.

61. A reference to the “Constitution Acts, 1867 to 1982” shall be deemed to include a reference to the “Constitution Amendment Proclamation, 1983”.(108)


  Column I Column II Column III
Item Act Affected Amendment 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.

(3) Class 1 of section 91 is repealed.

(4) Class 1 of section 92 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 Rupert's Land and the North-Western Territory into the union, dated the 23rd day of June, 1870

 

Rupert's Land and North-Western Territory Order

4.

Order of Her Majesty in Council admitting British Columbia into the Union, dated the 16th day of May, 1871.

 

British Columbia Terms of Union

5.

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

6.

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

7.

Parliament of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.)

 

Parliament of Canada Act, 1875

8.

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

9.

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

10.

Canada (Ontario Boundary) Act, 1889, 52-53 Vict., c. 28 (U.K.)

 

Canada (Ontario Boundary) Act, 1889

11.

Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.)

The Act is repealed.

 

12.

The Alberta Act, 1905, 4-5 Edw. VII, c. 3 (Can.)

 

Alberta Act

13.

The Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42 (Can.)

 

Saskatchewan Act

14.

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

15.

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

16.

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

17.

Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.)

In so far as they apply to Canada,

(a) section 4 is repealed; and

(b) subsection 7(1) is repealed.

Statute of Westminster, 1931

18.

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

19.

British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.)

The Act is repealed.

 

20.

British North America Act, 1946, 9-10 Geo. VI, c. 63 (U.K.)

The Act is repealed.

 

21.

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

22.

British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.)

The Act is repealed.

 

23.

British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.)

The Act is repealed.

 

24.

British North America Act, 1952, 1 Eliz. II, c. 15 (Can.)

The Act is repealed.

 

25.

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

26.

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

27.

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

28.

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

29.

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

30.

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


(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.