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

From: [email-masked] (Dave McCrady)
Date: Thu, 15 Oct 92 09:46:03 MDT

THIS IS THE FOURTH AND FINAL SECTION OF LEGAL TEXT

   30. (1) All that portion of subsection 36(1) of the said Act
preceding paragraph (a) thereof is repealed and the following
substituted therefor:

   ``36. (1) Without altering the legislative authority of
Parliament, the provincial legislatures or the territorial
legislative authorities, or the rights of any of them with
respect to the exercise of their legislative authority,
Parliament, the provincial legislatures and the territorial
legislative authorities, together with the government of Canada
and the provincial and territorial governments, are committed
to''

         (2) Subsection 36(1) of the said Act is further amended by
striking out the word ``and'' at the end of the paragraph (b)
thereof, by adding the word ``and'' at the end of paragraph (c)
thereof and by adding thereto the following paragraph:

   ``(d) ensuring the provision and maintenance of reasonably
comparable economic infrastructure of a national nature in each
province and territory of Canada.''
 
        (3) Subsection 36(2) of the said Act is repealed and the
following substituted therefor:

   ``(2) Parliament and the government of Canada are committed to
making equalization payments so that provincial governments have
sufficient revenues to provide reasonably comparable levels of
public services at reasonably comparable levels of taxation.

   (3) The government of Canada is committed to meaningful
consultation with provincial governments before introducing
legislation relating to making equalization payments.

   (4) Parliament, the provincial legislatures and the
territorial legislative authorities, together with the government
of Canada and the provincial and territorial governments, are
committed to the promotion of regional economic development to
reduce economic disparities.''

   31. The said Act is further amended by adding thereto,
immediately after Part III thereof, the following Parts:
   
                         "PART 111.1
                          ===========
         
                 THE SOCIAL AND ECONOMIC UNION
                 =============================

   36.1 (1) Without altering the authority of Parliament, the
provincial legislatures or the territorial legislative
authorities, or of the government of Canada or the governments of
the provinces or territories, or the rights of any of them with
respect to the exercise of their authority, Parliament, the
provincial legislatures and the territorial legislative
authorities, together with the government of Canada and the
provincial and territorial governments, are committed to the
principle of the preservation and development of the Canadian
social and economic union.
   
        (2) The preservation and development of the social union
includes, but is not limited to, the following policy objectives:

   (a) providing throughout Canada a health care system that is
comprehensive, universal, portable, publicly administered, and
accessible;

   (b) providing adequate social services and benefits to ensure
that all individuals resident in Canada have reasonable access to
housing, food and other basic necessities;

   (c) providing high quality primary and secondary education to
all individuals resident in Canada and ensuring reasonable access
to post-secondary education;

   (d) protecting the rights of workers to organize and bargain
collectively; and   

   (e) protecting, preserving and sustaining the integrity of the
environment for present and future generations.

        (3) The preservation and development of the economic union
includes, but is not limited to, the following policy objectives:

   (a) working together to strengthen the Canadian economic
union;

   (b) the free movement of persons, goods, services and capital;

   (c) the goal of full employment;

   (d) ensuring that all Canadians have a reasonable standard of
living; and

   (e) ensuring sustainable and equitable development.
   
        (4) This Part does not have the effect of modifying the
interpretation of the rights and freedoms referred to in the
Canadian Charter of Rights and Freedoms.

     36.2 The Prime Minister of Canada and the first ministers of
the provinces shall, at a conference convened pursuant to section
37.1, establish a mechanism to monitor the progress made in
relation to the objectives stated in subsections 36.1(2) and (3).
   
                          PART IV
                          =======
 FRAMEWORK FOR CERTAIN EXPENDITURES BY THE GOVERNMENT OF CANADA
 ==============================================================
   
    37. (1) The government of Canada and the governments of the
provinces are committed to establishing a framework to govern
expenditures of money in the provinces by the government of
Canada in areas of exclusive provincial jurisdiction that would
ensure, in particular, that such expenditures:

   (a) contribute to the pursuit of national objectives;

   (b) reduce overlap and duplication;

   (c) respect and not distort provincial priorities; and

   (d) ensure equality of treatment of provinces while
recognizing their different needs and circumstances.
   
       (2) After establishing a framework pursuant to subsection (1),
the Prime Minister of Canada and the first ministers of the
provinces shall review the progress made in achieving the
objectives set out in the framework once each year at conferences
convened pursuant to section 37.1.

                       PART IV.1
                       =========
                FIRST MINISTERS' CONFERENCES
                ============================

       37.1 A conference 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, the first within 12
months after this Part comes into force.''

   32. Sections 40 to 42 of the said Act are repealed and the
following substituted therefor:

   ``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.

    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 selection of senators;

   (c) the number of senators by which a province or territory is
entitled to be represented in the Senate and the qualifications
of senators set out in the Constitution Act, 1867;

   [(c.1)* the number of senators by which the Aboriginal peoples
of Canada are entitled to be represented in the Senate and the
qualifications of such senators;] 
   (*Footnote to c.1:- SQUARE BRACKETED ITEM - the issue of Aboriginal
representation is to be discussed in the autumn of 1992, according to
the Consensus Report.)    

   (d) an amendment to section 51a of the Constitution Act, 1867;

   (e) subject to section 43, the use of the English or the
French language;

   (f) subject to subsection 42(1), the Supreme Court of Canada;

   (g) an amendment to section 2 or 3 of the Constitution Act,
1871; and  

   (h) an amendment to this Part.

   42. (1) An amendment to the Constitution of Canada in relation
to the method of selecting judges of the Supreme Court of Canada
may be made only in accordance with subsection 38 (1).

      (2) Subsections 38 (2) to (4) do not apply in respect of
amendments in relation to the matter referred to in subsection
(1).

   42.1 Subsection 38 (1) and sections 41 and 42 do not apply to
allow a province that is established pursuant to section 2 of the
Constitution Act, 1871 after the coming into force of this
section to authorize amendments to the Constitution of Canada
and, for greater certainty, all other provisions of this Part
apply in respect of such a province.''

NOTE: THE ENTIRE SECTION 33 IS IN SQUARE BRACKETS
   [33. The said Act is further amended by adding thereto,
immediately after section 45 thereof, the following section:
    
    ``45.1* (1) An amendment to the Constitution of Canada that
directly refers to, or that amends a provision that directly
refers to, one or more of the Aboriginal peoples of Canada or
their governments, including 
(*Footnote to 45.1: A mechanism for obtaining aboriginal consent would
be worked out prior to the tabling of a Constitution resolution in
Parliament), including
 
  (a) section 2, as it relates to the aboriginal peoples of
Canada* class 24 of section 91, and sections 91A, 95E and 127 of the
Constitution Act, 1867, and 
(*Footnote: A reference to any provision relating to
aboriginal representation in the Senate would be added here),

  (b) section 25 and Part II of this Act and this section,
  
may be made by proclamation issued by the Governor General
under the Great Seal of Canada only where the amendment has been
authorized in accordance with this Part and has received the
substantial consent of the Aboriginal peoples so referred to.

   (2) Notwithstanding section 46, the procedures for amending
the Constitution of Canada in relation to any matter referred to
in subsection (1) may be initiated by any of the aboriginal
peoples of Canada directly referred to as provided in subsection
(1).'']

   34. 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.''

   35. Section 61 of the said Act is repealed and the following
substituted therefor:
     ``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.''

                  CONSTITUTION ACT, 1982
         (Bilateral amendment _ New Brunswick and Canada)
   
   1. The Constitution Act, 1982 is amended by adding thereto,
immediately after section 16 thereof, the following section:

   ``16.1 (1) The English linguistic community and the French
linguistic community in New Brunswick have equality of status and
equal rights and privileges, including the right to distinct
educational institutions and such distinct cultural institutions
as are necessary for the preservation and promotion of those
communities.
   
          (2) The role of the legislature and government of New
Brunswick to preserve and promote the status, rights and
privileges referred to in subsection (1) is affirmed.''

Dave McCrady              [email-masked]