Part V Procedure for Amending the Constitution of Canada
Section 38 [Qualified Proceedings]
(1) 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
(a) resolutions of the Senate and the House of Commons; and
(b) resolutions of the legislative assemblies of at least
two-thirds of the provinces that have, in the aggregate, according
to the then latest general census, at least fifty per cent of the
population of the provinces.
(2) An amendment made under Subsection (1) that derogates from the
legislative powers, the proprietary rights or any other rights or
privileges of the legislature or government of a province shall
require a resolution supported by a majority of the members of
each of the Senate, the House of Commons and the legislative
assemblies required under Subsection (1).
(3) An amendment referred to in Subsection (2) shall not have
effect in a province the legislative assembly of which has
expressed its dissent thereto by resolution supported by a
majority of its members prior to the issue of the proclamation to
which the amendment relates unless that legislative assembly,
subsequently, by resolution supported by a majority of its
members, revokes its dissent and authorizes the amendment.
(4) A resolution of dissent made for the purposes of
Subsection (3) may be revoked at any time before or after the
issue of the proclamation to which it relates.
Section 39 [Delayed Enforcement]
(1) A proclamation shall not be issued under Section 38 (1)
before the expiration of one year from the adoption of the
resolution initiating the amendment procedure, unless the
legislative assembly of each province has previously adopted a
resolution of assent or dissent.
(2) A proclamation shall not be issued under Section 38 (1)
after the expiration of three years from the adoption of the
resolution initiating the amendment procedure thereunder.
Section 40 [Compensation]
Where an amendment is made under Section 38 (1) that transfers
provincial legislative powers relating to education or other
cultural matters from provincial legislatures to Parliament,
Canada shall provide reasonable compensation to any province to
which the amendment does not apply.
Section 41 [Highly Qualified Proceedings]
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 assemblies of each province:
(a) the office of the Queen, the Governor General, and the
Lieutenant Governor of a province;
(b) 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
is entitled to be represented at the time this part comes into
force;
(c) subject to Section 43, the use of the English or the French
language;
(d) the composition of the Supreme Court of Canada; and
(e) an amendment to this part.
Section 42 [Subjects for Qualified Proceedings]
(1) An amendment to the Constitution of Canada in relation to the
following matters may be made only in accordance with Section
38 (1):
(a) the principle of proportionate representation of the provinces
in the House of Commons prescribed by the Constitution of Canada;
(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) subject to Section 41 (d), the Supreme Court of Canada;
(e) the extension of existing provinces into the territories; and
(f) notwithstanding any other law or practice, the establishment
of new provinces;
(2) Sections 38 (2) to 38 (4) do not apply in respect of
amendments in relation to matters referred to in Subsection (1).
Section 43 [Subjects for Highly Qualified Proceedings]
An amendment to the Constitution of Canada in relation to any
provision that applies to one or more, but not all provinces,
including
(a) any alteration to boundaries between provinces, and
(b) any amendment to any provisions that relate to the use of the
English or the French language within a province
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 each province to which the amendment applies.
Section 44 [National Amendment Powers]
Subject to Sections 41 and 42, Parliament may exclusively
make laws amending the Constitution of Canada in relation to
executive government of Canada or the Senate and House of Commons.
Section 45 [Provincial Amendment Powers]
Subject to Section 41, the legislature of each province may
exclusively make laws amending the constitution of the province.
Section 46 [Initiative]
(1) The procedures for amendment under Sections 38, 41, 42,
and 43 may be initiated either by the Senate or the House of
Commons or by the legislative assembly of province.
(2) A resolution of assent for the purposes of this part may be
revoked at any time before the issue of a proclamation authorized
by it.
Section 47 [Default Adoption]
(1) An amendment to the Constitution of Canada made by
proclamation under Sections 38, 41, 42, and 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.
(2) Any period when Parliament is prorogued or dissolved shall not
be counted in computing the one hundred and eighty day period
referred to in Subsection (1).
Section 48 [Adoption Proceedings]
The Queen's Privy Council for Canada shall advise the Governor
General to issue a proclamation under this part forthwith on the
adoption of the resolution required for an amendment made by
proclamation under this part.
Section 49 [Constitutional Review]
A constitutional conference of the Prime Minister of Canada and
the first ministers shall be convened by the Prime Minister of
Canada within fifteen years after this part comes into force to
review the provisions of this part.