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Bill C-326

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-326

An Act respecting the territorial integrity of Canada

Preamble

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;

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 Reform's Territorial Protection Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``Constitution of Canada''
« Constitution du Canada »

``Constitution of Canada'' has the same meaning as in the Constitution Act, 1982.

``federation''
« fédération »

``federation'' means the federal state of Canada created under the Constitution of Canada.

``territory of Canada''
« territoire du Canada »

``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.

PRINCIPLES

Principles

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:

    (a) that Canada is a sovereign state that is one and indivisible;

    (b) that it is comprised of provinces and territories united under the Constitution to form a federal state;

    (c) that there is no provision in the Constitution for the withdrawal from the federation of a province or territory;

    (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;

    (e) that no province or territory may unilaterally withdraw from the federation; and

    (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.

TERRITORIAL PROTECTION

No referendum on unilateral withdrawal

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.

No secession

(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.

Maintenance of federal jurisdiction

(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.

Coming into force

5. This Act comes into force on a date to be fixed by the Governor in Council.

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