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1987 CONSTITUTIONAL ACCORD
(unofficial text)
WHEREAS first ministers, assembled in Ottawa, have arrived at a unanimous accord
on constitutional amendments that would bring about the full and active
participation of Quebec in Canada's constitutional evolution, would recognize
the principle of equality of all the provinces, would provide new arrangements
to foster greater harmony and cooperation between the Government of Canada and
the governments of the provinces and would require that annual first ministers'
conferences on the state of the Canadian economy and such other matters as may
be appropriate be convened and that annual constitutional conferences composed
of first ministers be convened commencing not later than December 31, 1988;
AND WHEREAS first ministers have also reached unanimous agreement on certain
additional commitments in relation to some of those amendments;
NOW THEREFORE the Prime Minister of Canada and the first ministers of the
provinces commit themselves and the governments they represent to the following:
1. The Prime Minister of Canada will lay or cause to be laid
before the Senate and House of Commons, and the first ministers of the provinces
will lay or cause to be laid before their legislative assemblies, as soon as
possible, a resolution, in the form appended hereto, to authorize a proclamation
to be issued by the Governor General under the Great Seal of Canada to amend the
Constitution of Canada.
2. The Government of Canada will, as soon as possible,
conclude an agreement with the Government of Quebec that would
(a) incorporate the principles of the Cullen-Couture agreement on
the selection abroad and in Canada of independent immigrants, visitors for
medical treatment, students and temporary workers, and on the selection of
refugees abroad and economic criteria for family reunification and assisted
relatives,
(b) guarantee that Quebec will receive a number of immigrants,
including refugees, within the annual total established by the federal
government for all of Canada proportionate to its share of the population of
Canada, with the right to exceed that figure by five per cent for demographic
reasons, and
(c) provide an undertaking by Canada to withdraw services (except
citizenship services) for the reception and integration (including linguistic
and cultural) of all foreign nationals wishing to settle in Quebec where
services are to be provided by Quebec, with such withdrawal to be accompanied by
reasonable compensation,
and the Government of Canada and the Government of Quebec will take the
necessary steps to give the agreement the force of law under the proposed
amendment relating to such agreements.
3. Nothing in this Accord should be construed as preventing
the negotiation of similar agreements with other provinces relating to
immigration and the temporary admission of aliens.
4. Until the proposed amendment relating to appointments to
the Senate comes into force, any person summoned to fill a vacancy in the Senate
shall be chosen from among persons whose names have been submitted by the
government of the province to which the vacancy relates and must be acceptable
to the Queen's Privy Council for Canada.
MOTION FOR A RESOLUTION TO AUTHORIZE AN AMENDMENT TO
THE CONSTITUTION OF CANADA
WHEREAS the Constitution Act, 1982 came into force on April 17, 1982,
following an agreement between Canada and all the provinces except Quebec;
AND WHEREAS the Government of Quebec has established a set of five proposals
for constitutional change and has stated that amendments to give effect to those
proposals would enable Quebec to resume a full role in the constitutional
councils of Canada;
AND WHEREAS the amendment proposed in the schedule hereto sets out the basis
on which Quebec's five constitutional proposals may be met;
AND WHEREAS the amendment proposed in the schedule hereto also recognizes the
principle of the equality of all the provinces, provides new arrangements to
foster greater harmony and cooperation between the Government of Canada and the
governments of the provinces and requires that conferences be convened to
consider important constitutional, economic and other issues;
AND WHEREAS certain portions of the amendment proposed in the schedule hereto
relate to matters referred to in section 41 of the Constitution Act, 1982;
AND WHEREAS section 41 of the Constitution Act, 1982 provides that 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 the House of Commons and of the legislative
assembly of each province;
NOW THEREFORE the (Senate) (House of Commons) (legislative assembly) resolves
that an amendment to the Constitution of Canada be authorized to be made by
proclamation issued by Her Excellency the Governor General under the Great Seal
of Canada in accordance with the schedule hereto.
SCHEDULE
CONSTITUTION AMENDMENT, 1987
Constitution Act, 1867
(unofficial text)
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1. The Constitution Act, 1867 is amended by
adding thereto, immediately after section 1 thereof, the following
section:
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Interpretation
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"2. (1) The Constitution of Canada shall be interpreted in a
manner consistent with
(a) the recognition that the existence of French-speaking Canadians,
centred in Quebec but also present elsewhere in Canada, and
English-speaking Canadians, concentrated outside Quebec but also present
in Quebec, constitutes a fundamental characteristic of Canada; and
(b) the recognition that Quebec constitutes within Canada a distinct
society.
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Role of Parliament and legislatures
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(2) The role of the Parliament of Canada and the provincial
legislatures to preserve the fundamental characteristic of Canada
referred to in paragraph (1)(a) is affirmed.
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Role of legislature and Government of
Quebec
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(3) The role of the legislature and Government of Quebec to preserve
and promote the distinct identity of Quebec referred to in paragraph
(1)(b) is affirmed.
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Rights of legislatures and governments
preserved
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(4) Nothing in this section derogates from the powers, rights or
privileges of Parliament or the Government of Canada, or of the
legislatures or governments of the provinces, including any powers,
rights or privileges relating to language."
2. The said Act is further amended by adding
thereto, immediately after section 24 thereof, the following section:
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Names to be submitted
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"25. (1) Where a vacancy occurs in the Senate, the government of
the province to which the vacancy relates may, in relation to that
vacancy, submit to the Queen's Privy Council for Canada the names of
persons who may be summoned to the Senate.
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Choice of Senators from names
submitted
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(2) Until an amendment to the Constitution of Canada is made in
relation to the Senate pursuant to section 41 of the Constitution
Act, 1982, the person summoned to fill a vacancy in the Senate shall
be chosen from among persons whose names have been submitted under
subsection (1) by the government of the province to which the vacancy
relates and must be acceptable to the Queen's Privy Council for
Canada."
3. The said Act is further amended by adding
thereto, immediately after section 95 thereof, the following heading and
sections:
"Agreements on Immigration and Aliens
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Commitment to negotiate
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95A. The Government of Canada shall, at the request of the government
of any province, negotiate with the government of that province for the
purpose of concluding an agreement relating to immigration or the
temporary admission of aliens into that province that is appropriate to
the needs and circumstances of that province.
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Agreements
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95B. (1) Any agreement concluded between Canada and a province in
relation to immigration or the temporary admission of aliens into that
province has the force of law from the time it is declared to do so in
accordance with subsection 95C(1) and shall from that time have effect
notwithstanding class 25 of section 91 or section 95.
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Limitation
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(2) An agreement that has the force of law under subsection (1) shall
have effect only so long and so far as it is not repugnant to any
provision of an Act of the Parliament of Canada that sets national
standards and objectives relating to immigration or aliens, including
any provision that establishes general classes of immigrants or relates
to levels of immigration for Canada or that prescribes classes of
individuals who are inadmissible into Canada.
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Application of Charter
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(3) The Canadian Charter of Rights and Freedoms applies in
respect of any agreement that has the force of law under subsection (1)
and in respect of anything done by the Parliament or Government of
Canada, or the legislature or government of a province, pursuant to any
such agreement.
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Proclamation relating to agreements
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95C. (1) A declaration that an agreement referred to in subsection
95B(1) has the force of law 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 the province that is a party to the agreement.
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Amendment of agreements
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(2) An amendment to agreement referred to in subsection 95B(1) may be
made by proclamation issued by the Governor General under the Great Seal
of Canada only where so authorized
(a) by resolutions of the Senate and House of Commons and of the
legislative assembly of the province that is a party to the agreement;
or
(b) in such other manner as is set out in the agreement.
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Application of sections 46 to 48 of
Constitution Act, 1982
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95D. Sections 46 to 48 of the Constitution Act, 1982 apply,
with such modifications as the circumstances require, in respect of any
declaration made pursuant to subsection 95C(1), any amendment to an
agreement made pursuant to subsection 95C(2) or any amendment made
pursuant to section 95E.
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Amendments to sections 95A to 95D or
this section
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95E. An amendment to sections 95A to 95D or this section may be made
in accordance with the procedure set our in subsection 38(1) of the Constitution
Act, 1982, but only if the amendment is authorized by resolutions
of the legislative assemblies of all the provinces that are, at the time
of the amendment, parties to an agreement that has the force of law
under subsection 95 B(1)."
4. The said Act is further amended by adding
thereto, immediately preceding section 96 thereof, the following
heading:
"General"
5. The said Act is further amended by adding
thereto, immediately preceding section 101 thereof, the following
heading:
"Courts Established by the Parliament of
Canada"
6. The said Act is further amended by adding
thereto, immediately after section 101 thereof, the following heading
and sections:
"Supreme Court of Canada
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Supreme Court continued
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101A. (1) The court existing under the name of the Supreme Court of
Canada is hereby continued as the general court of appeal for Canada,
and as an additional court for the better administration of the laws of
Canada, and shall continue to be superior court of record.
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Constitution of court
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(2) The Supreme Court of Canada shall consist of a chief justice to
be called the Chief Justice of Canada and eight other judges, who shall
be appointed by the Governor General in Council by letters patent under
the Great Seal.
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Who may be appointed judges
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101B (1) Any person may be appointed a judge of the Supreme Court of
Canada who, after having been admitted to the bar of any province or
territory, has, for a total of at least ten years, been a judge of any
court in Canada or a member of the bar of any province or territory.
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Three judges from Quebec
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(2) At least three judges of the Supreme Court of Canada shall be
appointed from among persons who, after having been admitted to the bar
of Quebec, have, for a total of at least ten years, been judges of any
court of Quebec or of any court established by the Parliament of Canada,
or members of the bar of Quebec.
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Names may be submitted
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101C. (1) Where a vacancy occurs in the Supreme Court of Canada, the
government of each province may, in relation to that vacancy, submit to
the Minister of Justice of Canada the names of any of the persons who
have been admitted to the bar of that province and are qualified under
section 101B for appointment to that court.
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Appointment from names submitted
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(2) Where an appointment is made to the Supreme Court of Canada, the
Governor General in Council shall, except where the Chief Justice is
appointed from among members of the Court, appoint a person whose name
has been submitted under subsection (1) and who is acceptable to the
Queen's Privy Council for Canada.
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Appointment from Quebec
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(3) Where an appointment is made in accordance with subsection (2) of
any of the three judges necessary to meet the requirement set out in
subsection 101B(2), the Governor General in Council shall appoint a
person whose name has been submitted by the Government of Quebec.
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Appointment from other provinces
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(4) Where an appointment is made in accordance with subsection (2)
otherwise than as required under subsection (3), the Governor General in
Council shall appoint a person whose name has been submitted by the
government of a province other than Quebec.
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Tenure, salaries, etc., of judges
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101D. Sections 99 and 100 apply in respect of the judges of the
Supreme Court of Canada.
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Relationship to section 101
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101E. (1) Sections 101A to 101D shall not be construed as abrogating
or derogating from the powers of the Parliament of Canada to make laws
under section 101 except to the extent that such laws are inconsistent
with those sections.
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References to the Supreme Court of
Canada
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(2) For greater certainty, section 101A shall not be construed as
abrogating or derogating from the powers of the Parliament of Canada to
make laws relating to the reference of questions of law or fact, or any
other matters, to the Supreme Court of Canada."
7. The said Act is further amended by adding
thereto, immediately after section 106 thereof, the following section:
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Shared-cost program
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"106A. (1) The Government of Canada shall provide reasonable
compensation to the government of a province that chooses not to
participate in a national shared-cost program that is established by the
Government of Canada after the coming into force of this section in an
area of exclusive provincial jurisdiction, if the province carries on a
program or initiative that is compatible with the national objectives.
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Legislative power not extended
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(2) Nothing in this section extends the legislative powers of the
Parliament of Canada or of the legislatures of the provinces."
8. The said Act if further amended by adding thereto
the following heading and sections:
"XII -- CONFERENCES ON THE ECONOMY AND OTHER
MATTERS
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Conferences on the economy and other
matters
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148. A 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 each year to discuss the state of the Canadian
economy and such other matters as may be appropriate.
XIII -- REFERENCES
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Reference includes amendments
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149. A reference to this Act shall be deemed to include a reference
to any amendments thereto."
Constitution Act, 1982
9. Sections 40 to 42 of the Constitution Act,
1982 are repealed and the following substituted therefor:
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Compensation
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"40. Where an amendment is made under subsection 38(1) that
transfers legislative powers from provincial legislatures to Parliament,
Canada shall provide reasonable compensation to any province to which
the amendment does not apply.
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Amendment by unanimous consent
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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 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) 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 was
entitled to be represented on April 17, 1982;
(e) the principle of proportionate representation of the provinces in
the House of Commons prescribed by the Constitution of Canada;
(f) subject to section 43, the use of the English or the French
language;
(g) the Supreme Court of Canada;
(h) the extension of existing provinces into the territories;
(i) notwithstanding any other law or practice, the establishment of
new provinces; and
(j) an amendment to this Part."
10. Section 44 of the said Act is repealed and the
following substituted therefor:
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Amendments by Parliament
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"44. Subject to section 41, 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."
11. Subsection 46(1) of the said Act is repealed and
the following substituted therefor:
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Initiation of amendment procedures
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"46. (1) The procedures for amendment under sections 38, 41 and
43 may be initiated either by the Senate or the House of Commons or by
the legislative assembly of a province."
12. Subsection 47(1) of the said Act is repealed and
the following substituted therefor:
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Amendments without Senate resolution
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"47. (1) An amendment to the Constitution of Canada made by
proclamation under section 38, 41 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."
13. Part VI of the said Act is repealed and the
following substituted therefor:
"PART VI
CONSTITUTIONAL CONFERENCES
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Constitutional conference
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50. (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 at least once each year, commencing in 1988.
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Agenda
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(2) The conferences convened under subsection (1) shall have included
on their agenda the following matters:
(a) Senate reform, including the role and functions of the Senate,
its powers, the method of selecting Senators and representation in the
Senate;
(b) roles and responsibilities in relation to fisheries; and
(c) such other matters as are agreed upon."
14. Subsection 52(2) of the said Act is amended by
striking out the word "and" at the end of paragraph (b)
thereof, by adding the word "and" at the end of paragraph (c)
thereof and by adding thereto the following paragraph:
"(d) any other amendment to the Constitution of Canada."
15. Section 61 of the said Act is repealed and the
following substituted therefor:
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References
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"61. A reference to the Constitution Act 1982, or a
reference to the Constitution Acts 1867 to 1982, shall be deemed
to include a reference to any amendments thereto."
General
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Multicultural heritage and aboriginal
peoples
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16. Nothing in section 2 of the Constitution Act,
1867 affects section 25 or 27 of the Canadian Charter of Rights
and Freedoms, section 35 of the Constitution Act, 1982 or
class 24 of section 91 of the Constitution Act, 1867.
CITATION
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Citation
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17. This amendment may be cited as the Constitution
Amendment, 1987.
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Signed at Ottawa,
June 3, 1987
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