SUMMARY

The purpose of this enactment is to give effect to the requirement for clarity set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference.

The enactment provides for the House of Commons to determine the clarity of a referendum question on the secession of a province and sets out some of the factors to be considered in making its determination. It prohibits the government of Canada from entering into negotiations on the terms on which a province might cease to be part of Canada if the House of Commons determines that the referendum question is not clear.

The enactment also provides for the House of Commons to determine, following a referendum on secession in a province, if a clear majority of the population of the province has clearly expressed a will to cease to be a part of Canada and sets out the factors to be considered in making its determination. It prohibits the government of Canada from entering into negotiations with the province unless a clear majority has clearly expressed its will to secede.

Lastly, the enactment recognizes that the secession of a province from Canada requires an amendment to the Constitution of Canada, which in turn requires negotiations involving all provincial governments and the Government of Canada, and it also provides that certain matters must be addressed in negotiations before a constitutional amendment is proposed by a Minister of the Crown.