Bill C-470

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-470

An Act respecting democratic constitutional change

Whereas the House of Commons, on November 27, 2006, adopted a motion recognizing that the Québécois form a nation within a united Canada;

Whereas the Quebec nation has the right to democratically decide its own future;

Whereas the Supreme Court of Canada, in the Quebec Secession Reference, stated that the quantitatively and qualitatively clear expression of the wish to pursue secession by the population of a province would give rise to a reciprocal obligation on all parties to Confederation to negotiate constitutional changes to respond to that desire;

Whereas the Supreme Court of Canada has also stated that the corollary of a legitimate attempt by one participant in Confederation to seek an amendment to the Constitution is an obligation on all parties to come to the negotiating table;

Whereas the Supreme Court of Canada’s decision stated that the principles of federalism, of democracy, of constitutionalism and the rule of law and of the protection of minorities are foundational constitutional principles;

Whereas the Supreme Court of Canada’s decision addresses the processes applicable to changes in the status of Quebec and also notes the potentially important role of recognition by the international community;

And whereas An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, chapter 26 of the Statutes of Canada, 2000, does not accurately reflect some key dimensions of those principles and processes;

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

CONSTITUTIONAL CHANGE

1. Within 30 days after the Government of Quebec tables in its National Assembly or otherwise officially releases the question that it intends to submit to its voters in a referendum concerning a constitutional change, other than a change referred to in section 45 of the Constitution Act, 1982, the Government of Canada must determine if, in its opinion, the question clearly sets out the constitutional change being sought.

2. For the purpose of this Act, any question the wording of which has been the subject of an agreement between the Government of Canada and the Government of Quebec, as well as the following questions, are deemed to clearly describe the constitutional change being sought:

(a) “Should Quebec become a sovereign country?”; and

(b) “Should Quebec separate from Canada and become a sovereign country?”.

3. If the Government of Canada is of the view that the question does not clearly describe the constitutional change being sought, it must so advise the Government of Quebec and immediately refer the case to the Quebec Court of Appeal.

4. (1) The Quebec Court of Appeal must, within 60 days after the question is referred to it, declare its opinion as to the clarity of the question.

(2) The Quebec Court of Appeal may make rules governing practice and procedure for the purpose of the administration of this Act.

NEGOTIATIONS

5. The Government of Canada must enter into negotiations with the Government of Quebec if

(a) the question concerning the constitutional change referred to in section 2 is clear;

(b) there are no determinative irregularities in the application of any referendum legislation of the province, for example, in the balloting, counting of votes, transmission of results and spending limits; and

(c) the majority of valid votes are cast in favour of the proposed change.

CLARIFICATIONS

6. For greater certainty, this Act does not limit the Goverment of Canada's authority to negotiate any constitutional amendment with the other participants in Confederation.

7. For greater certainty, this Act reaffirms the principle recognized by the Supreme Court of Canada in the Quebec Secession Reference that the corollary of a legitimate attempt by one participant in Confederation to seek an amendment to the Constitution is an obligation on all parties to come to the negotiating table.

8. For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from any existing aboriginal or treaty rights, including territorial rights, of aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

9. For greater certainty, the question concerning the constitutional change may include proposals to implement recognition that the Québécois form a nation within a united Canada, such as proposals relating to

(a) the integration of Quebec into the constitutional framework;

(b) the limitation of federal spending power in Quebec;

(c) permanent tax transfers and associated standards; and

(d) the Government of Quebec's opting out with full compensation from any programs if the Government of Canada intervenes in areas of exclusive provincial jurisdiction.

10. For greater certainty, this Act does not limit the authority of the Government of Quebec, or any other provincial, territorial or aboriginal government, to hold referendums and to formulate referendum questions as they wish.

11. For greater certainty, nothing in this Act precludes discussions or negotiations between the Government of Canada and the Government of Quebec — or joint declarations of these two governments — prior to the proposing of any question by the province or prior to the referendum vote.

CHAPTER 26, STATUTES OF CANADA, 2000

12. Chapter 26 of the Statutes of Canada, 2000, being replaced by this Act, is repealed.