Subject: The accord - legal text - Part 2/4

From: [email-masked] (Dave McCrady)
Date: Thu, 15 Oct 92 09:44:07 MDT

LEGAL TEXT - PART 2

   8. The said Act is further amended by adding thereto,
immediately after section 91 thereof, the following section:
   ``91A. For greater certainty, class 24 of section 91 applies,
except as provided in section 95E, in relation to all the
Aboriginal peoples of Canada.''

   9. (1) Paragraph (c) of class 10 of section 92 of the said Act
is repealed and the following substituted therefor:

   ``(c) such works as, although wholly situate within the
Province, are before or after their execution declared by the
Parliament of Canada, where authorized by resolution of the
Legislative Assembly of the Province, to be for the general
advantage of two or more of the Provinces.''

     (2) Section 92 of the said Act is further amended by adding
thereto, immediately after class 12 thereof, the following:
   ``12A. Labor market development and training in the
Province.'' 
  
     (3) Section 92 of the said Act is further amended by adding
thereto, immediately after class 16 thereof, the following 
   ``And,

    (a) for greater certainty, any declaration made under
paragraph (c) of class 10 and in force immediately before this
paragraph comes into force remains in force until it is repealed
in accordance with paragraph (b); and
 
   (b) no declaration made under paragraph (c) of class 10 may be
repealed by the Parliament of Canada except where authorized by
resolution of the legislative assembly of the province within
which the works in respect of which the declaration is made are
situate.''

  10. The said Act is further amended by adding thereto,
immediately after section 92A thereof, the following heading and
sections:
   
                     "Culture

      92B. (1) The legislature of each province may exclusively make
laws in relation to culture in the province.
   
           (2) The Government of Canada retains its role in relation to
national cultural matters, including national cultural
institutions and grants and contributions delivered by such
institutions.

          (3) Nothing in subsection (2) extends the authority of the
Parliament of Canada.

     92C. (1) The Government of Canada shall negotiate with the
government of any province that so requests an agreement on
culture for the purpose of ensuring that both governments work in
harmony, recognizing the lead responsibility of the province for
culture in the province.
  
          (2) The Government of Canada shall negotiate with the
government of any territory that so requests an agreement on
culture for the purpose of ensuring that both governments work in
harmony.
   
                   Telecommunications

     92D. The Government of Canada shall negotiate with the
government of any province or territory that so requests an
agreement on telecommunications for the purpose of coordinating
and harmonizing the procedures of their respective regulatory
agencies.''

   11. The said Act is further amended by adding thereto,
immediately after section 93 thereof, the following heading and
sections:
   
    "Urban and Municipal Affairs, Tourism, Recreation, Housing,
                                     Mining and Forestry

    93A. (1) It is hereby affirmed that the following matters in
each province come within the exclusive legislative authority of
the legislature of the province:
   (a) urban and municipal affairs;
   (b) tourism;
   (c) recreation;
   (d) housing;
   (e) mining; and
   (f) forestry.
   
        (2) The Government of Canada shall, at the request of any
province or territory, negotiate with that government for the
purpose of concluding an agreement under which the Government of
Canada is required to withdraw partially or completely as soon as
is practicable from any program of grants or contributions in
respect of the province or territory that relates to any of the
matters listed in subsection (1) and is required to provide
reasonable compensation to the province or territory.
   
       (3) The Government of Canada and the government of any
province or territory may enter into an agreement under which any
expenditure of money in respect of the province or territory by
the Government of Canada in relation to any of the matters listed
in subsection (1) is constrained, whether or not the agreement
relates to a withdrawal from a program of grants or
contributions.

       (4) Where an agreement is concluded with the government of
any province or territory pursuant to subsection (2) or (3), the
Government of Canada shall, at the request of the government of
any other province or territory, negotiate with that government
for the purpose of concluding an agreement under which the
Government of Canada is required to maintain its expenditure of
money in respect of that province or territory in relation to the
matter that is the subject of the agreement.

      (5) Where a request is made under subsection (2) or (4), the
Government of Canada and the government of the province or
territory that made the request shall conclude an agreement
within a reasonable time.

     (6) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, including
compensation, be accorded equality of treatment in relation to
any other province with which an agreement has been concluded
pursuant to this section in relation to the same matter in the
context of the different needs and circumstances of the
provinces.

    (7) Subsection (6) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.
   
            Labor Market Development and Training

   93B. (1) The Government of Canada shall, at the request of the
government of any province or territory, negotiate with that
government for the purpose of concluding an agreement under which
the Government of Canada is required to withdraw partially or
completely, as soon as is practicable, from any program or
activity in respect of the province or territory that relates to
labor market development or training, including labor market
training in the province or territory under any unemployment
insurance program or activity, and is required to provide
reasonable compensation to the province or territory.

        (2) Where the government of a province or territory requests
the Government of Canada to withdraw partially or completely from
any program or activity in respect of the province or territory
described in subsection (1), the Government of Canada shall, in
accordance with the request, do so as soon as is practicable.

        (3) For greater certainty, nothing in this section abrogates
or derogates from the legislative authority of the Parliament of
Canada in relation to unemployment insurance.

       (4) Nothing in subsections (1) and (2) precludes the
Government of Canada from making expenditures on job creation
programs.

       (5) Where an agreement is concluded with the government of any
province or territory pursuant to subsection (1), or the
Government of Canada withdraws from a program or activity in any
province or territory pursuant to subsection (2), the Government
of Canada shall, at the request of the government of any other
province or territory, negotiate with that government for the
purpose of concluding an agreement under which the Government of
Canada is required to maintain its expenditure of money in
respect of that province or territory in relation to labor market
development or training.

      (6) Where a request is made under subsection (1) or (5), the
Government of Canada and the government of the province or
territory that made the request shall conclude an agreement
within a reasonable time.

      (7) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, including
compensation, be accorded equality of treatment in relation to
any other province with which an agreement has been concluded
pursuant to this section in the context of the different needs
and circumstances of the provinces.

      (8) Subsection (7) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.

   93C. (1) Where the Government of Canada withdraws from a
program or activity pursuant to subsection 93B (1) or (2), the
government of the province or territory that requested the
withdrawal shall ensure that all labor market development
programs and activities in the province or territory, considered
together, are compatible with national objectives established
under subsection (2) in the context of the different needs and
circumstances of the provinces or territories.

      (2) For the purposes of subsection (1), the Government of
Canada shall, from time to time, with the governments of the
provinces and territories, establish national objectives in
relation to national aspects of labor market development programs
and activities, taking into account the different needs and
cirumstances of the provinces and territories.
   
               Regional Development

   93D. (1) The Government of Canada shall, at the request of the
government of any province or territory, negotiate with that
government for the purpose of concluding an agreement relating to
regional development in that province or territory.

        (2) Where a request is made under subsection (1), the
Government of Canada and the government of the province or
territory that made the request shall conclude an agreement
within a reasonable time.

       (3) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, be accorded
equality of treatment in relation to any other province with
which an agreement has been concluded pursuant to this section in
the context of the different needs and circumstances of the
provinces and, in particular, with regard to the need for a
special focus on provinces, or regions within provinces,
suffering the greatest disparities.

      (4) Subsection (3) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.
   
              Legislative Powers not Extended

   93E. Nothing in sections 93A to 93D extends the legislative
powers of the Parliament of Canada.''

   12. The said Act is further amended by adding thereto,
immediately after section 95 thereof, the following heading and
sections:
   
                "Agreements on Immigration and Aliens

   95A. (1) 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.

         (2) Where a request is made under subsection (1), the
Government of Canada and the government of the province that made
the request shall conclude an agreement within a reasonable time.

         (3) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, be accorded
equality of treatment in relation to any other province with
which an agreement has been concluded pursuant to this section in
the context of the different needs and circumstances of the
provinces.

   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 nothwithstanding class 25 of section
91 or section 95.

       (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.

      (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.

   95C. (1) A declaration that an agreement referred to in
subsection 95B (1) has the force of law may be made under
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 that
province that is a party to the agreement.

        (2) An amendment to an 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.

   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) or any
amendment to an agreement made pursuant to subsection 95C (2).

          Metis and Metis Settlement Lands in Alberta

   95E. In the context of section 91A, the legislature of Alberta
may make laws, and the Parliament of Canada may make laws, in
relation to the Metis in Alberta and to Metis settlement lands in
Alberta and, where such a law of Alberta and a law of Parliament
conflict, the law of Parliament prevails to the extent of the
conflict.''

   13. The said Act is further amended by adding thereto,
immediately before section 96 thereof, the following heading:
   
                       "General"
   
   14. The said Act is further amended by adding thereto,
immediately before section 101 thereof, the following heading:
   
         "Courts Established by the Parliament of Canada"

    15. The said Act is further amended by adding thereto,
immediately after section 101 thereof, the following heading and
sections:
   
                 "Supreme Court of Canada

   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 a
superior court of record.
   
         (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.
   
   101B. (1) Any person may be appointed a judge of the Supreme
Court of Canada who, after having been admitted to the bar of a
province or territory, has, for a total of at least 10 years,
been a judge of any court in Canada or a member of the bar of any
province or territory.
   
        (2) At least three of the judges shall be appointed from among
persons who, after having been admitted to the bar of Quebec,
have, for a total of at least 10 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.
   
   101C. (1) Where a vacancy occurs in the Supreme Court of
Canada, the government of each province or territory may submit
to the Minister of Justice of Canada the names of at least five
candidates to fill the vacancy, each of whom is qualified under
section 101B for appointment to the Court.
   
         (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.
   
         (3) Where an appointment is made under subsection 101B(2), the
Governor General in Council shall appoint a person whose name is
submitted by the Government of Quebec.
   
         (4) Where an appointment is made otherwise than under
subsection 101B(2), the Governor General in Council shall appoint
a person whose name is submitted by the government of a province,
other than Quebec, or of a territory.
   
   101D. (1) Where a vacancy in the Supreme Court of Canada is
not filled and at least 90 days have elapsed since the vacancy
occurred, the Chief Justice of Canada may in writing request a
judge of a superior court of a province or territory or of any
superior court established by the Parliament of Canada to attend
at the sittings of the Supreme Court of Canada as an interim
judge for the duration of the vacancy.
   
        (2) Where a vacancy in the Supreme Court of Canada results in
there being fewer than three judges on the Court who meet the
qualifictions set out in subsection 101B(2), no judge may be
requested to attend as an interim judge under subsection (1)
unless the judge meets those qualifications.
   
   101E. Sections 99 and 100 apply in respect of the judges of
the Supreme Court of Canada.
   
   101F. (1) Sections 101A to 101E 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.
   
         (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.''

   16. The said Act is further amended by adding thereto,
immediately after section 106 thereof, the following section:
   
   ``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.
   
           (2) Nothing in this section extends the legislative powers of
the Parliament of Canada or of the legislatures of the provinces.
   
          (3) For greater cerainty, nothing in this section affects the
commitments of the Parliament and government of Canada set out in
section 36 of the Constituion Act, 1982.''

   17. The said Act is further amended by adding thereto,
immediately after Part VIII thereof, the following Part:
   
           "VIII.1 INTERGOVERNMENTAL AGREEMENTS
   
   126A. (1) Where the Government of Canada and the government of
one or more provinces or territories enter into an agreement that
is approved under this section, no law made by or under the
authority of the Parliament of Canada or of any legislature of a
province or legislative authority of a territory that is a party
to the agreement and has caused it to be approved under this
section may amend, revoke or otherwise supersede the agreement
while the approval of the agreement remains in force.

        (2) An agreement is approved when the Parliament of Canada and
the legislature of a province, or the legislative authority of a
territory, that is a party thereto have each passed a law that
approves the agreement and that includes an express declaration
that this section applies in respect of the agreement.

       (3) An agreement approved under this section may be amended,
revoked or otherwise superseded only in accordance with its terms
or by a further agreement approved under this section.

      (4) An approval under this section expires no later than five
years after it is given, but may be renewed under this section
for additional periods not exceeding five years each.

     (5) Where an agreement between the Government of Canada and
the government of any province is approved under this section,
the Government of Canada, at the request of the government of any
other province, shall negotiate and conclude an agreement within
a reasonable time with that other government and shall, with
respect to the terms and conditions of that agreement, accord
that other government equality of treatment in the context of the
different needs and circumstancs of the provinces, and the
Government of Canada shall cause the agreement to be placed
before the Parliament of Canada for approval under this section.

    (6) Subsection (5) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.

    (7) This section applies, with such modification as the
circumstances require, in respect of any agreement entered into
between a government of the Aboriginal peoples of Canada and the
Government of Canada or the government of a province or
territory.

   (8) In this section, ``agreement'' includes any agreement,
contract or other arrangement.''

   18. The said Act is further amended by adding thereto,
immediately before section 128 thereof, the following section:
   
   ``127. (1) For greater certainty, except to the extent that is
otherwise agreed by the Aboriginal peoples concerned, none of the
provisions referred to in subsection (2), and no agreement made
under any provision referred to in subsection (2), abrogates or
derogates from 
   (a) the legislative authority of the Parliament of Canada
under class 24 of section 91 consistent with section 91A, as
modified by section 95E;
   (b) the federal fiduciary responsibility for aboriginal
peoples; or
   (c) the aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada, including
       (i) any rights or freedoms that have been recognized by
the Royal Proclamation of October 7, 1763,
       (ii) any rights or freedoms that now exist by way of land
claims agreements or may be so acquired,
       (iii) the inherent right of self-government referred to in
section 35.1 of the Constitution Act, 1982 and the powers and
jurisdictions set out in self-government agreements, and 
       (iv) any rights or freedoms relating to the exercise or
protection of their languages, cultures or traditions.

    (2) This section applies in relation to the following
provisions:
    (a) paragraph (c) of class 10 of section 92 and all that
portion of section 92 following class 16 thereof;
    (b) class 12A of section 92;
    (c) sections 92B to 92D;
    (d) sections 93A to 93D;
    (e) sections 95A to 95D;
    (f) section 95E;
    (g) section 106A; and 
    (h) section 126A.''

Dave McCrady              [email-masked]