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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-271 |
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An Act respecting the territorial integrity of
Canada
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| Preamble
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WHEREAS Canada is a sovereign nation
comprised of provinces and territories united
under the Constitution to form a federal state
that is one and indivisible and may, by
maintaining the territorial integrity of the
state, best serve the interests of all Canadians
and secure the reputation that it now enjoys in
the world community as a nation in which two
founding cultures and other diverse elements
have demonstrated an ability to live and work
together for the common good within a strong
and united federation;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as Reform's
Territorial Protection Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``Constitu- tion of Canada'' « Constitu- tion du Canada »
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``Constitution of Canada'' has the same
meaning as in the Constitution Act, 1982.
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| ``federation'' « fédération »
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``federation'' means the federal state of
Canada created under the Constitution of
Canada.
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| ``territory of
Canada'' « territoire du Canada »
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``territory of Canada'' means all that territory
over which the Crown in right of Canada
exercises sovereign jurisdiction, together
with such territory as may be added by
constitutional amendment.
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PRINCIPLES |
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| Principles
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3. This Act reaffirms that the Government
of Canada has a moral and legal responsibility
to maintain and protect the territorial integrity
of the federation as it presently exists, or as its
territory may be increased in future by
constitutional amendment or otherwise, and
that this responsibility is based on the
following principles:
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(a) that Canada is a sovereign state that is
one and indivisible;
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(b) that it is comprised of provinces and
territories united under the Constitution to
form a federal state;
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(c) that there is no provision in the
Constitution for the withdrawal from the
federation of a province or territory;
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(d) that the federation may not be deprived
of any part of the territory of Canada except
with its consent and by due process of
constitutional amendment;
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(e) that no province or territory may
unilaterally withdraw from the federation; and
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(f) that the Government of Canada may take
such steps as it deems necessary to maintain
and protect the territorial integrity of the
federation in the interests of all Canadians, of
whatever race and creed, in accordance with
these principles.
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TERRITORIAL PROTECTION |
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| No
referendum
on unilateral
withdrawal
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4. (1) No province or territory shall initiate,
authorize, sponsor or permit a referendum to
be held on any question purporting to seek a
mandate for the withdrawal of that province or
territory from the federation without the
federation's consent.
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| No secession
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(2) No province or territory shall, either
unilaterally or in conjunction with any other
province or territory, attempt to or declare its
intention to secede from the federation and
form a separate state.
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| Maintenance
of federal
jurisdiction
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(3) If any province or territory, acting alone
or in conjunction with any other province or
territory, contravenes this section, the
Government of Canada may take such steps as
it deems necessary to maintain federal
jurisdiction over that province or territory and
to enforce the laws of Canada as they may
apply to residents of that province or territory.
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| Coming into
force
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5. This Act comes into force on a date to be
fixed by the Governor in Council.
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