PART V
PROCEDURE FOR AMENDING THE CONSTITUTION OF CANADA (22)
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 the 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 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, 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 assemblies 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 38(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 provisions that relate 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 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 province.
(2) A resolution of assent 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 resolution required for an amendment made
by proclamation under this part.
49. A constitutional conference of the Prime Minister of
Canada and the first ministers 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.
Constitution Act 1982