2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-242

An Act to provide for a referendum to determine whether Canadians wish medically unnecessary abortions to be insured services under the Canada Health Act and to amend the Referendum Act

Preamble

Whereas Parliament has not determined the wishes of Canadians as to whether medically unnecessary abortions should be paid for with federal funds;

Whereas it remains a matter of national debate as to whether such funding should be made available;

And Whereas it is in the public interest to determine by referendum whether the Canada Health Act should be amended to provide that fiscal transfers to provinces that allow funding for such abortions be reduced;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Medically Unnecessary Abortion Referendum Act.

REFERENDUM

Referendum in public interest

2. It is hereby declared to be in the public interest to obtain, by means of a referendum, the opinion of the electors as to whether the Canada Health Act should be amended to provide that a medically unnecessary abortion is not an insured health service under that Act.

Referendum at next election

3. At the general election under the Canada Elections Act that next follows the coming into force of this Act, the following question shall be put to the electors in a referendum pursuant to subsection 4.1(1) of the Referendum Act:

    Do you agree that section 13 of the Canada Health Act should be amended to provide that full cash contributions shall be paid only to provinces that do not provide funding or hospital facilities or services for medically unnecessary abortions?

YES or NO

R.S., c. C-6

CANADA HEALTH ACT

4. (1) Section 13 of the Canada Health Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) shall not provide funding or hospital facilities or services for the performance of medically unnecessary abortions.

Coming into force

(2) Subsection (1) comes into force on the April 1 next following the day thirty days after the referendum provided for by the Medically Unnecessary Abortion Referendum Act is approved by a majority of the electors voting on it.

1992, c.30

REFERENDUM ACT

5. The Referendum Act is amended by adding the following after section 4:

Referendum directed by Parliament

4.1 (1) Where an Act of Parliament declares that it is in the public interest to obtain, by means of a referendum, the opinion of the electors on any question relating to the laws of Canada, the Governor in Council shall direct that the opinion of the electors be obtained by a referendum held pursuant to this Act.

Referendum notwithstand-
ing election

(2) Subsection 6(6) does not apply to a referendum held under subsection (1).