Subject: The accord - legal text - Part 1/4

From: [email-masked] (Dave McCrady)
Date: Thu, 15 Oct 92 09:43:17 MDT

DRAFT LEGAL TEXT
                     OCTOBER 9, 1992

___________________________________________________________________

PREFACE
    The attached draft legal text is based on the Charlottetown Accord of
August 28, 1991.  It is a best efforts text prepared by officials
representing all First Ministers and Aboriginal and Territorial Leaders.
This draft includes amendments to the following constitutional acts:

- Constitution Act, 1867
- Constitution Act, 1871
- Alberta Act
- Constitution Act, 1982 (including section 16.1, a bilateral amendment
                          by New Brunswick and Canada).

    This draft is subject to final review and approval by First Ministers
and Leaders to ensure its consistency with the Charlottetown Consensus
Report.  Officials have made best efoorts to ensure that the policy
decisions summarized in the Consensus Report of the Constitution of
August 28, 1992 have been translated as accurately as possible, in both
official languages, into legal text that will serve as the basis for
formal constitutional amendments to be presented to Parliament and the
provincial legislatures.

______________________________________________________________________

                    Constitution Act, 1867
   
   1.  The Constitution Act, 1867 is amended by adding thereto,
immediately after section 1 thereof, the following section:
   
   ``2. (1) The Constitution of Canada, including the Canadian
Charter of Rights and Freedoms, shall be interpreted in a manner
consistent with the following fundamental characteristics:
   
    (a) Canada is a democracy committed to a parliamentary and
federal system of government and to the rule of law;

    (b) the Aboriginal peoples of Canada, being the first peoples
to govern this land, have the right to promote their language,
cultures and traditions and to ensure the integrity of their
societies, and their governments constitute one of the three
orders of government in Canada;
 
    (c) Quebec constitutes within Canada a distinct society, which
includes a French-speaking majority, a unique culture and a civil
law tradition;
  
   (d) Canadians and their governments are committed to the
vitality and development of official language minority
communities throughout Canada;
  
   (e) Canadians are committed to racial and ethnic equality in a
society that includes citizens from many lands who have
contributed, and continue to contribute, to the building of a
strong Canada that reflects its cultural and racial diversity;

   (f) Canadians are committed to a respect for individual and
collective human rights and freedoms of all people;

   (g) Canadians are committed to the equality of female and male
persons; and

   (h) Canadians confirm the principle of the equality of the
provinces at the same time as recognizing their diverse
characteristics.

      (2) The role of the legislature and Government of Quebec to
preserve and promote the distinct society of Quebec is affirmed.

      (3) Nothing in this section derogates from the powers, rights
or privileges of the Parliament or the Government of Canada, or
of the legislatures or governments of the provinces, or of the
legislative bodies or governments of the Aboriginal peoples of
Canada, including any powers, rights or privileges relating to
language.

     (4) For greater certainty, nothing in this section abrogates
or derogates from the aboriginal and treaty rights of the
aboriginal peoples of Canada.''

  2.  Section 4 of the said Act is repealed and the following
substituted therefor:

   ``4. Unless it is otherwise expressed or implied, the name
Canada shall be taken to mean Canada as constituted under the
Constitution of Canada.''

   3. Section 17 of the said Act is repealed and the following
substituted therefor:

   ``17. There shall be one Parliament for Canada, consisting of
the Queen, the Senate and the House of Commons.''

   4.  Sections 21 to 36 of the said Act are repealed and the
following substituted therefor:
   
   ``21. (1) The Senate shall consist of 62 senators* of whom
(*The number 62 is subject to future decisions on the number of
  guaranteed aboriginal seats.  The issue of Aboriginal 
  representation and voting powers of Aboriginal senators is
  to be discussed in the autumn of 1992, according to the
  Consensus Report.)

    (a) six shall be elected for each province, namely, Ontario,
Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia,
Prince Edward Island, Alberta, Saskatchewan and Newfoundland;

   (b) one shall be elected for each territory, namely, the Yukon
Territory and the Northwest Territories; and

   (c) [aboriginal representation]''  
      (Footnote: - SQUARE BRACKETED ITEM - The number 62
is subject to future decisions on the number of guaranteed
aboriginal seats.  The issue of Aboriginal representation and
voting powers of Aboriginal senators is to be discussed in the
autumn of 1992, according to the Consensus Report.)

       (2) Notwithstanding subsection (1), where a new province is
established from the Yukon Territory or the Northwest
Territories, the new province shall be entitled to the same
representation in the Senate as the territory had.
   
   22. The Governor General shall from time to time, in the
Queen's name, by instrument under the Great Seal of Canada,
summon and call together the Senate.
   
   23. (1) Subject to this Act, the Parliament of Canada may
provide for all matters relating to the election of senators.
   
       (2)  Subject to this Act, the legislature of any province or
the legislative authority of any territory may provide for

   (a) the indirect election of senators for the province or
territory by the legislative assembly of that province or
legislative authority of that territory, and all matters relating
thereto;

   (b) any special measures to provide for equal representation
of male and female persons; and

   (c) the determination of electoral districts and the
boundaries thereof in relation to the election of senators.

      (3) Where a law of Parliament and a law of a province or
territory under paragraph (2) (a) or (b) conflict, the law of the
province or territory prevails to the extent of the conflict.

      (4) Where a law of Parliament and a law of a province or a
territory under paragraph (2) (c) conflict, the law of Parliament
prevails to the extent of the conflict.

      (5) No law made under this section in relation to the direct
election of senators shall apply in respect of a general election
of senators for which the writs are issued within six months
after the law receives the Queen's assent.
   
   24.  No Minister of the Crown and no member of the House of
Commons, a legislative assembly of a province or a legislative
authority of a territory may be elected, sit or vote as a
senator.
   
   25. (1) The Senate on its first assembling after a general
election shall, as soon as is practicable, elect one of the
senators to be Speaker.

      (2) Where the office of Speaker becomes vacant because of the
resignation or death of the Speaker, or for any other reason, the
Senate shall, as soon as is practicable, elect a new Speaker from
among the senators.

      (3) The Speaker shall preside at all meetings of the Senate.

      (4) In case of the absence for any reason of the Speaker from
the chair of the Senate for a period of 48 consecutive hours, the
Senate may elect another of its members to act as Speaker, and
the member so elected shall, during that absence of the Speaker,
have and execute all the powers, privileges and duties of the
Speaker.
   
   26. (1) The presence of at least 10 senators is necessary to
constitute a meeting of the Senate for the exercise of its
powers, and for that purpose the Speaker shall be counted as a
senator.

       (2) Subject to this Act, questions arising in the Senate shall
be decided by a majority of voices, and the Speaker shall not
vote except when the voices are otherwise equal.
  
       (3) For greater certainty, where the Speaker is a
French-speaking senator for the purposes of section 36, the
Speaker may vote when the votes are otherwise equal among
French-speaking senators in relation to a bill that materially
affects the French language or culture in Canada.
   
   27. On the dissolution of the House of Commons, the Senate
also stands dissolved, and elections for the Senate shall take
place at the same time as those for the House of Commons.
   
   28. (1) The Parliament of Canada may provide, in respect of
any appointment made under its authority, that the appointment is
subject to the approval of the Senate.
   
       (2) No one may be appointed as head of the central bank
established by the Parliament of Canada unless the appointment is
approved by the Senate.

      (3) An appointment that is subject to the approval of the
Senate under this section shall be deemed to have been approved
if the Senate has not voted to withhold its approval of the
appointment within 30 sitting days after it has received a
request for approval.

           Rules relating to Passage of Bills
   
   29. (1) This section and sections 30 and 31 apply to all bills
except
   (a) revenue or expenditure bills, as defined in subsection 32
(1);

   (b) natural resources tax policy bills, as defined in
subsection 34 (1); and

   (c) bills that materially affect the French language or
culture in Canada.

       (2) Any bill to approve an agreement pursuant to section 126A
shall be deemed to be a bill to which this section and sections
30 and 31 apply.

       (3) Except as otherwise provided in this Act, the powers and
procedures of the Senate and House of Commons in relation to the
consideration and passage of bills under this section and
sections 30 and 31 shall be parallel.

       (4) Where a bill, having been passed by one House of
Parliament, is defeated by the other or is passed by the other
with amendments, the House of Parliament where the bill
originated may 
   (a) concur in the amendments made by the other; or
   (b) request that a reconciliation committee be established to
consider the bill in the form in which it was originally passed
in that House.

       (5) Where a bill, having been passed by either House of
Parliament, is sent to the other House but is not disposed of
within 30 sitting days after it is sent or within such longer
period as may be agreed to by the Speaker of the House of
Parliament where the bill originated, the House of Parliament
where the bill originated may request a joint sitting of the
Senate and the House of Commons to consider the bill in the form
in which it was passed.

      (6) Notwithstanding subsection (5) and subsection 30 (4), no
bill to amend the Constitution of Canada in relation to the
Senate or the House of Commons may be enacted without the
approval of each House of Parliament and no such bill may be sent
to a joint sitting of the Senate and the House of Commons.

     (7) Subject to sections 30 and 31, the procedures to be
followed by a reconciliation committee or a joint sitting of the
Senate and the House of Commons shall be established by rules of
the Senate and the House of Commons.
   
   30. (1) The Senate and the House of Commons shall each
nominate an equal number of members to serve on any
reconciliation committee.

      (2) A reconciliation committee established to consider a bill
may, within 30 sitting days after the request that the committee
be established, report the bill to the Senate and to the House of
Commons with or without amendments.

     (3) If the Senate and the House of Commons each approve a bill
as reported by a reconciliation commiutee, the bill shall be
deemed to have been passed by the Senate and the House of Commons
in the form in which it was reported by the reconciliation
committee.

    (4) If a reconciliation committee fails to report a bill under
subsection (2), or if the Senate or the House of Commons does not
approve the bill as reported within three sitting days after it
is reported, the House of Parliament where the bill originated
may request a joint sitting of the Senate and the House of
Commons to consider the bill.
   
   31. (1) On a request under subsection 29(5) or subsection
30(4) for a joint sitting of the Senate and the House of Commons
to consider a bill, the Speakers of the Senate and the House of
Commons shall forthwith convene the joint sitting to consider the
bill.

      (2) The Speaker of the House of Parliament where the bill
under consideration originated, or the delegate of the Speaker,
shall preside at the meetings of any joint sitting convened under
subsection (1) to consider the bill.

      (3) A joint sitting convened under subsection (1) shall
without delay consider and vote on the bill for which it was
convened, with such amendments as the joint sitting considers
desirable or, in the case of a joint sitting convened pursuant to
subsection 29(5), without amendment.

     (4) The final vote on a bill for which a joint sitting is
requested shall take place within 10 sitting days after the
request is made or within such other period of time as may be
agreed to by the Speakers of both Houses of Parliament, and in
all cases reasonable time shall be allowed for debate by the
joint sitting.

     (5) Where a bill is approved by a majority of the senators and
members of the House of Commons voting, taken together, in
accordance with subsection (3), the bill shall be deemed to have
been passed by the Senate and the House of Commons in the form in
which it is approved.

    (6) In subsection (4), ``sitting days'' means any days on
which the House of Commons sits, either alone or in a joint
sitting.
   
   32. (1) In this section and section 33, ``revenue or
expenditure bill'' means a public bill that is designated on
introduction as a revenue or expenditure bill by a Minister of
the Crown and that contains only provisions dealing with the
following:
   (a) the raising of revenues, including the imposition, repeal,
remission, alteration and regulation of taxation,
   (b) the appropriation of public money,
   (c) charges on the Consolidated Revenue Fund,
   (d) the public debt, including borrowing authority,
   (e) the guarantee of any loan or other debt or obligation, or
   (f) subordinate matters relating to any of the matters set out
in paragraphs (a) to (e),

but does not include a bill that contains provisions that
would result in fundamental policy changes to the tax system.

      (2) Where a revenue or expenditure bill, having been passed by
the House of Commons, is defeated by the Senate or is passed by
the Senate with amendments, the House of Commons may approve the
bill in the form in which it was introduced in the Senate or with
such amendments made by the Senate as are concurred in by the House
of Commons, whereupon the bill shall, unless the House of Commons
directs to the contrary, be deemed to have been passed by the
Senate in the form in which it was finally approved by the House
of Commons.

     (3) Where a revenue or expenditure bill, having been passed by
the House of Commons, is sent to the Senate but is not disposed
of by the Senate within 30 days after it is sent, the bill shall,
unless the House of Commons directs to the contrary, be deemed to
have been passed by the Senate in the form in which it was sent
to the Senate.
   
   33. (1) Any member of the House of Commons or the Speaker of
the Senate may request that the Speaker of the House of Commons
consider whether a bill that has been designated as a revenue or
expenditure bill is a revenue or expenditure bill, and the
Speaker of the House of Commons shall, after consulting with the
Speaker of the Senate, rule on the matter within five days after
the request is made.

       (2) There shall be endorsed on every revenue or expenditure
bill when it is sent to the Senate the certificate of the Speaker
of the House of Commons, signed by that Speaker, that it is a
revenue or expenditure bill.

      (3) A certificate of the Speaker of the House of Commons given
under subsection (2) is conclusive for all purposes and shall not
be questioned in any court of law.
   
   34. (1) In this section and section 35, ``natural resources
tax policy bill'' means a bill that contains provisions that
would result in fundamental tax policy changes that are directly
related to natural resources or electrical energy.

      (2) Where a natural resources tax policy bill is passed by the
House of Commons and sent to the Senate, the Senate shall dispose
of the bill within 30 sitting days after it is sent.

      (3) Where a natural resources tax policy bill, having been
passed by the House of Commons, is defeated by the Senate, no
further action may be taken on the bill.
   
   35. (1) A Minister of the Crown may, on introduction of a bill
in the House of Commons, indicate that the bill is, in the
opinion of the Minister, a natural resources tax policy bill.

       (2) Any member of the House of Commons or the Speaker of the
Senate may request that the Speaker of the House of Commons
consider whether a bill that has been introduced in the House of
Commons is a natural resources tax policy bill, and the Speaker
of the House of Commons shall, after consulting with the Speaker
of the Senate, rule on the matter within five sitting days after
the request is made.

      (3) There shall be endorsed on every natural resources tax
policy bill when it is sent to the Senate the certificate of the
Speaker of the House of Commons, signed by that Speaker, that it
is a natural resources tax policy bill.

      (4) A certificate of the Speaker of the House of Commons given
under subsection (3) is conclusive for all purposes and shall not
be questioned in any court of law.

   36. (1) A bill that materially affects the French language or
culture in Canada must, in order to be passed by the Senate, be
approved by a majority of senators voting and a majority of
French-speaking senators voting.

       (2) A vote of French-speaking senators is not sufficient for
the purposes of subsection (1) unless at least one-third of all
French-speaking senators are present and voting.

       (3) Where a bill described in subsection (1) is passed by one
House of Parliament and sent to the other House, the House to
which the bill is sent shall dispose of the bill within 30
sitting days after it is sent.

      (4) Where a bill described in subsection (1) is defeated in
either House of Parliament, no further action may be taken on the
bill.

       (5) This section and section 36A do not apply to revenue or
expenditure bills, as defined in subsection 32(1).

  36A. (1) Any senator, on introducing a bill into the Senate,
or any member of the House of Commons, on introducing a bill that
originates in the House of Commons, may indicate that the bill
is, in the opinion of the senator or member, a bill that
materially affects the French language or culture in Canada.

      (2) Any senator or the Speaker of the House of Commons may
request that the Speaker of the Senate consider whether a bill
materially affects the French language or culture in Canada and
the Speaker of the Senate shall, after consulting with the
Speaker of the House of Commons, rule on the matter within five
sitting days after the request is made.

     (3) There shall be endorsed on every bill that materially
affects the French language or culture in Canada, when it is
presented to the Governor General for the Queen's assent, a
certificate of the Speaker of the Senate, signed by that Speaker,
that it is a bill that materially affects the French language or
culture in Canada and that it has received the requisite
approval.

    (4) A certificate of the Speaker of the Senate given under
subsection (3) is conclusive for all purposes and shall not be
questioned in any court of law.
 
  36B. (1) For the purposes of section 36, senators are, subject
to subsection (2), French-speaking if they identify themselves to
the Speaker as French-speaking on first taking their seats in the
Senate.

      (2) The Speaker of the Senate may resolve any dispute about
whether a senator is French-speaking, and the decision of the
Speaker is conclusive for all purposes and shall not be
questioned in any court of law.

   36C. In sections 28 to 30 and 34 to 36A, ``sitting days''
means any days on which the House of Commons sits.''

 5. Sections 51A and 52 of the said Act are repealed and the
following substituted therefor:

   ``51A. (1) In readjusting the number of members in the House
of Commons, the Parliament of Canada shall be guided by the
principle that the proportion of members of the House of Commons
representing a province shall be based on the proportion of the
population of Canada from that province.''

           (2) Notwithstanding anything in this Act,

   (a) a province shall always be entitled to a number of members
in the House of Commons not fewer than the number of senators by
which the province was entitled to be represented on April 17,
1982;

   (b) Quebec shall always be entitled to a number of members in
the House of Commons that is no fewer than 25 per cent of the
total number of members in the House of Commons;

   (c) except as a result of the application of paragraph (b), no
province shall have fewer members in the House of Commons than
any other province that had, at the then latest general census, a
smaller population;

   (d) in any readjustment of the number of members in the House
of Commons, no province shall have its representation reduced by
more than one member; and

   (e) the Yukon Territory and the Northwest Territories shall
always be entitled to a number of members in the House of Commons
not fewer than the number of members to which they were entitled
on the coming into force of this section, and this entitlement
applies to any new province established from either of them.
   
     52. Subject to section 51A, the number of members of the House
of Commons may from time to time be increased by the Parliament
of Canada.''

 6. Sections 55 to 57 of the said Act are repealed and the
following substituted therefor:
 
  ``55. Where a bill passed by the Houses of Parliament is
presented to the Governor General for the Queen's Assent, the
Governor General shall declare, according to the discretion of
the Governor General, but subject to Her Majesty's instructions,
either that the bill is assented to in the Queen's name, or that
the Queen's Assent is withheld.''

 7. Section 90 of the said Act is repealed and the following substituted
therefor:
   ``90. The provisions of this Act relating to the
recommendation of money votes and the assent to bills in the
Parliament of Canada apply to the legislatures of the provinces
with the substitution of the Lieutenant Governor of the province
for the Governor General and of the Governor General for the
Queen.''

Dave McCrady              [email-masked]