Act respecting constitutional amendments (regional veto)

The 1996 act respecting Constitutional amendments provides that proposals for certain amendments to the Constitution must be consented to by a majority of the provinces before they can be tabled in Parliament.

The majority of the provinces must include:

• Quebec
• Ontario
• British Columbia
• At least two of the Atlantic provinces comprising at least 50% of the region's population
• At least two of the Prairie provinces comprising at least 50% of the region's population

Among others, this act applies to proposed constitutional amendments pertaining to:

• Changes to parliamentary institutions;
• The creation of new provinces;
• The division of powers between Parliament and the provincial legislative assemblies

The act does not apply to amendments which the Constitution provides that the provinces can veto or express their dissent to ¹. These include so-called bilateral amendments, i.e., that affect only one province.

The act respecting Constitutional amendments affords the provinces greater protection within the Canadian federation by imposing an additional obligation on Parliament.

• The Constitution Act, 1982 which provides for a general amending procedure ² (known as the 7/50 formula), under which certain constitutional amendments require the assent of at least two thirds (2/3 or 7) of the provinces that have at least 50% of the population of Canada as a whole; however, it does not specify which provinces must necessarily be included in the two thirds (2/3 or 7) required.
  
  
• The act respecting Constitutional amendments provides that Parliament should obtain the consent of Quebec, Ontario, British Columbia, two of the Atlantic provinces comprising at least 50% of the region's population, and two of the Prairie provinces comprising at least 50% of the region's population, before proposing a constitutional amendment in accordance with the so-called 7/50 formula.

The act respecting Constitutional amendments is part of the Consolidated Statutes of Canada and is binding on the government of the day and its successors. It is not a constitutional act. It could, however, be constitutionalized with the consent of all the provinces.

¹ Sections 41, 43 and 38 (3) of the Constitution Act, 1982 set out the constitutional amendments that the provinces can veto or dissent to.

² Section 38 (1) of the Constitution Act, 1982