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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.
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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.
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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.
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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.
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