Site hosted by Angelfire.com: Build your free website today!
                     DRAFT LEGAL TEXT
                     OCTOBER 9, 1992
___________________________________________________________________
PREFACE
    The attached draft legal text is based on the Charlottetown Accord of
August 28, 1991.  It is a best efforts text prepared by officials
representing all First Ministers and Aboriginal and Territorial Leaders.
This draft includes amendments to the following constitutional acts:
- Constitution Act, 1867
- Constitution Act, 1871
- Alberta Act
- Constitution Act, 1982 (including section 16.1, a bilateral amendment
                          by New Brunswick and Canada).
    This draft is subject to final review and approval by First Ministers
and Leaders to ensure its consistency with the Charlottetown Consensus
Report.  Officials have made best efoorts to ensure that the policy
decisions summarized in the Consensus Report of the Constitution of
August 28, 1992 have been translated as accurately as possible, in both
official languages, into legal text that will serve as the basis for
formal constitutional amendments to be presented to Parliament and the
provincial legislatures.
______________________________________________________________________
                    Constitution Act, 1867
   1.  The Constitution Act, 1867 is amended by adding thereto,
immediately after section 1 thereof, the following section:
   ``2. (1) The Constitution of Canada, including the Canadian
Charter of Rights and Freedoms, shall be interpreted in a manner
consistent with the following fundamental characteristics:
    (a) Canada is a democracy committed to a parliamentary and
federal system of government and to the rule of law;
    (b) the Aboriginal peoples of Canada, being the first peoples
to govern this land, have the right to promote their language,
cultures and traditions and to ensure the integrity of their
societies, and their governments constitute one of the three
orders of government in Canada;
    (c) Quebec constitutes within Canada a distinct society, which
includes a French-speaking majority, a unique culture and a civil
law tradition;
   (d) Canadians and their governments are committed to the
vitality and development of official language minority
communities throughout Canada;
   (e) Canadians are committed to racial and ethnic equality in a
society that includes citizens from many lands who have
contributed, and continue to contribute, to the building of a
strong Canada that reflects its cultural and racial diversity;
   (f) Canadians are committed to a respect for individual and
collective human rights and freedoms of all people;
   (g) Canadians are committed to the equality of female and male
persons; and
   (h) Canadians confirm the principle of the equality of the
provinces at the same time as recognizing their diverse
characteristics.
      (2) The role of the legislature and Government of Quebec to
preserve and promote the distinct society of Quebec is affirmed.
      (3) Nothing in this section derogates from the powers, rights
or privileges of the Parliament or the Government of Canada, or
of the legislatures or governments of the provinces, or of the
legislative bodies or governments of the Aboriginal peoples of
Canada, including any powers, rights or privileges relating to
language.
     (4) For greater certainty, nothing in this section abrogates
or derogates from the aboriginal and treaty rights of the
aboriginal peoples of Canada.''
  2.  Section 4 of the said Act is repealed and the following
substituted therefor:
   ``4. Unless it is otherwise expressed or implied, the name
Canada shall be taken to mean Canada as constituted under the
Constitution of Canada.''
   3. Section 17 of the said Act is repealed and the following
substituted therefor:
   ``17. There shall be one Parliament for Canada, consisting of
the Queen, the Senate and the House of Commons.''
   4.  Sections 21 to 36 of the said Act are repealed and the
following substituted therefor:
   ``21. (1) The Senate shall consist of 62 senators* of whom
(*The number 62 is subject to future decisions on the number of
  guaranteed aboriginal seats.  The issue of Aboriginal 
  representation and voting powers of Aboriginal senators is
  to be discussed in the autumn of 1992, according to the
  Consensus Report.)
    (a) six shall be elected for each province, namely, Ontario,
Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia,
Prince Edward Island, Alberta, Saskatchewan and Newfoundland;
   (b) one shall be elected for each territory, namely, the Yukon
Territory and the Northwest Territories; and
   (c) [aboriginal representation]''  
      (Footnote: - SQUARE BRACKETED ITEM - The number 62
is subject to future decisions on the number of guaranteed
aboriginal seats.  The issue of Aboriginal representation and
voting powers of Aboriginal senators is to be discussed in the
autumn of 1992, according to the Consensus Report.)
       (2) Notwithstanding subsection (1), where a new province is
established from the Yukon Territory or the Northwest
Territories, the new province shall be entitled to the same
representation in the Senate as the territory had.
   22. The Governor General shall from time to time, in the
Queen's name, by instrument under the Great Seal of Canada,
summon and call together the Senate.
   23. (1) Subject to this Act, the Parliament of Canada may
provide for all matters relating to the election of senators.
       (2)  Subject to this Act, the legislature of any province or
the legislative authority of any territory may provide for
   (a) the indirect election of senators for the province or
territory by the legislative assembly of that province or
legislative authority of that territory, and all matters relating
thereto;
   (b) any special measures to provide for equal representation
of male and female persons; and
   (c) the determination of electoral districts and the
boundaries thereof in relation to the election of senators.
      (3) Where a law of Parliament and a law of a province or
territory under paragraph (2) (a) or (b) conflict, the law of the
province or territory prevails to the extent of the conflict.
      (4) Where a law of Parliament and a law of a province or a
territory under paragraph (2) (c) conflict, the law of Parliament
prevails to the extent of the conflict.
      (5) No law made under this section in relation to the direct
election of senators shall apply in respect of a general election
of senators for which the writs are issued within six months
after the law receives the Queen's assent.
   24.  No Minister of the Crown and no member of the House of
Commons, a legislative assembly of a province or a legislative
authority of a territory may be elected, sit or vote as a
senator.
   25. (1) The Senate on its first assembling after a general
election shall, as soon as is practicable, elect one of the
senators to be Speaker.
      (2) Where the office of Speaker becomes vacant because of the
resignation or death of the Speaker, or for any other reason, the
Senate shall, as soon as is practicable, elect a new Speaker from
among the senators.
      (3) The Speaker shall preside at all meetings of the Senate.
      (4) In case of the absence for any reason of the Speaker from
the chair of the Senate for a period of 48 consecutive hours, the
Senate may elect another of its members to act as Speaker, and
the member so elected shall, during that absence of the Speaker,
have and execute all the powers, privileges and duties of the
Speaker.
   26. (1) The presence of at least 10 senators is necessary to
constitute a meeting of the Senate for the exercise of its
powers, and for that purpose the Speaker shall be counted as a
senator.
       (2) Subject to this Act, questions arising in the Senate shall
be decided by a majority of voices, and the Speaker shall not
vote except when the voices are otherwise equal.
       (3) For greater certainty, where the Speaker is a
French-speaking senator for the purposes of section 36, the
Speaker may vote when the votes are otherwise equal among
French-speaking senators in relation to a bill that materially
affects the French language or culture in Canada.
   27. On the dissolution of the House of Commons, the Senate
also stands dissolved, and elections for the Senate shall take
place at the same time as those for the House of Commons.
   28. (1) The Parliament of Canada may provide, in respect of
any appointment made under its authority, that the appointment is
subject to the approval of the Senate.
       (2) No one may be appointed as head of the central bank
established by the Parliament of Canada unless the appointment is
approved by the Senate.
      (3) An appointment that is subject to the approval of the
Senate under this section shall be deemed to have been approved
if the Senate has not voted to withhold its approval of the
appointment within 30 sitting days after it has received a
request for approval.
           Rules relating to Passage of Bills
   29. (1) This section and sections 30 and 31 apply to all bills
except
   (a) revenue or expenditure bills, as defined in subsection 32
(1);
   (b) natural resources tax policy bills, as defined in
subsection 34 (1); and
   (c) bills that materially affect the French language or
culture in Canada.
       (2) Any bill to approve an agreement pursuant to section 126A
shall be deemed to be a bill to which this section and sections
30 and 31 apply.
       (3) Except as otherwise provided in this Act, the powers and
procedures of the Senate and House of Commons in relation to the
consideration and passage of bills under this section and
sections 30 and 31 shall be parallel.
       (4) Where a bill, having been passed by one House of
Parliament, is defeated by the other or is passed by the other
with amendments, the House of Parliament where the bill
originated may 
   (a) concur in the amendments made by the other; or
   (b) request that a reconciliation committee be established to
consider the bill in the form in which it was originally passed
in that House.
       (5) Where a bill, having been passed by either House of
Parliament, is sent to the other House but is not disposed of
within 30 sitting days after it is sent or within such longer
period as may be agreed to by the Speaker of the House of
Parliament where the bill originated, the House of Parliament
where the bill originated may request a joint sitting of the
Senate and the House of Commons to consider the bill in the form
in which it was passed.
      (6) Notwithstanding subsection (5) and subsection 30 (4), no
bill to amend the Constitution of Canada in relation to the
Senate or the House of Commons may be enacted without the
approval of each House of Parliament and no such bill may be sent
to a joint sitting of the Senate and the House of Commons.
     (7) Subject to sections 30 and 31, the procedures to be
followed by a reconciliation committee or a joint sitting of the
Senate and the House of Commons shall be established by rules of
the Senate and the House of Commons.
   30. (1) The Senate and the House of Commons shall each
nominate an equal number of members to serve on any
reconciliation committee.
      (2) A reconciliation committee established to consider a bill
may, within 30 sitting days after the request that the committee
be established, report the bill to the Senate and to the House of
Commons with or without amendments.
     (3) If the Senate and the House of Commons each approve a bill
as reported by a reconciliation commiutee, the bill shall be
deemed to have been passed by the Senate and the House of Commons
in the form in which it was reported by the reconciliation
committee.
    (4) If a reconciliation committee fails to report a bill under
subsection (2), or if the Senate or the House of Commons does not
approve the bill as reported within three sitting days after it
is reported, the House of Parliament where the bill originated
may request a joint sitting of the Senate and the House of
Commons to consider the bill.
   31. (1) On a request under subsection 29(5) or subsection
30(4) for a joint sitting of the Senate and the House of Commons
to consider a bill, the Speakers of the Senate and the House of
Commons shall forthwith convene the joint sitting to consider the
bill.
      (2) The Speaker of the House of Parliament where the bill
under consideration originated, or the delegate of the Speaker,
shall preside at the meetings of any joint sitting convened under
subsection (1) to consider the bill.
      (3) A joint sitting convened under subsection (1) shall
without delay consider and vote on the bill for which it was
convened, with such amendments as the joint sitting considers
desirable or, in the case of a joint sitting convened pursuant to
subsection 29(5), without amendment.
     (4) The final vote on a bill for which a joint sitting is
requested shall take place within 10 sitting days after the
request is made or within such other period of time as may be
agreed to by the Speakers of both Houses of Parliament, and in
all cases reasonable time shall be allowed for debate by the
joint sitting.
     (5) Where a bill is approved by a majority of the senators and
members of the House of Commons voting, taken together, in
accordance with subsection (3), the bill shall be deemed to have
been passed by the Senate and the House of Commons in the form in
which it is approved.
    (6) In subsection (4), ``sitting days'' means any days on
which the House of Commons sits, either alone or in a joint
sitting.
   32. (1) In this section and section 33, ``revenue or
expenditure bill'' means a public bill that is designated on
introduction as a revenue or expenditure bill by a Minister of
the Crown and that contains only provisions dealing with the
following:
   (a) the raising of revenues, including the imposition, repeal,
remission, alteration and regulation of taxation,
   (b) the appropriation of public money,
   (c) charges on the Consolidated Revenue Fund,
   (d) the public debt, including borrowing authority,
   (e) the guarantee of any loan or other debt or obligation, or
   (f) subordinate matters relating to any of the matters set out
in paragraphs (a) to (e),
but does not include a bill that contains provisions that
would result in fundamental policy changes to the tax system.
      (2) Where a revenue or expenditure bill, having been passed by
the House of Commons, is defeated by the Senate or is passed by
the Senate with amendments, the House of Commons may approve the
bill in the form in which it was introduced in the Senate or with
such amendments made by the Senate as are concurred in by the House
of Commons, whereupon the bill shall, unless the House of Commons
directs to the contrary, be deemed to have been passed by the
Senate in the form in which it was finally approved by the House
of Commons.
     (3) Where a revenue or expenditure bill, having been passed by
the House of Commons, is sent to the Senate but is not disposed
of by the Senate within 30 days after it is sent, the bill shall,
unless the House of Commons directs to the contrary, be deemed to
have been passed by the Senate in the form in which it was sent
to the Senate.
   33. (1) Any member of the House of Commons or the Speaker of
the Senate may request that the Speaker of the House of Commons
consider whether a bill that has been designated as a revenue or
expenditure bill is a revenue or expenditure bill, and the
Speaker of the House of Commons shall, after consulting with the
Speaker of the Senate, rule on the matter within five days after
the request is made.
       (2) There shall be endorsed on every revenue or expenditure
bill when it is sent to the Senate the certificate of the Speaker
of the House of Commons, signed by that Speaker, that it is a
revenue or expenditure bill.
      (3) A certificate of the Speaker of the House of Commons given
under subsection (2) is conclusive for all purposes and shall not
be questioned in any court of law.
   34. (1) In this section and section 35, ``natural resources
tax policy bill'' means a bill that contains provisions that
would result in fundamental tax policy changes that are directly
related to natural resources or electrical energy.
      (2) Where a natural resources tax policy bill is passed by the
House of Commons and sent to the Senate, the Senate shall dispose
of the bill within 30 sitting days after it is sent.
      (3) Where a natural resources tax policy bill, having been
passed by the House of Commons, is defeated by the Senate, no
further action may be taken on the bill.
   35. (1) A Minister of the Crown may, on introduction of a bill
in the House of Commons, indicate that the bill is, in the
opinion of the Minister, a natural resources tax policy bill.
       (2) Any member of the House of Commons or the Speaker of the
Senate may request that the Speaker of the House of Commons
consider whether a bill that has been introduced in the House of
Commons is a natural resources tax policy bill, and the Speaker
of the House of Commons shall, after consulting with the Speaker
of the Senate, rule on the matter within five sitting days after
the request is made.
      (3) There shall be endorsed on every natural resources tax
policy bill when it is sent to the Senate the certificate of the
Speaker of the House of Commons, signed by that Speaker, that it
is a natural resources tax policy bill.
      (4) A certificate of the Speaker of the House of Commons given
under subsection (3) is conclusive for all purposes and shall not
be questioned in any court of law.
   36. (1) A bill that materially affects the French language or
culture in Canada must, in order to be passed by the Senate, be
approved by a majority of senators voting and a majority of
French-speaking senators voting.
       (2) A vote of French-speaking senators is not sufficient for
the purposes of subsection (1) unless at least one-third of all
French-speaking senators are present and voting.
       (3) Where a bill described in subsection (1) is passed by one
House of Parliament and sent to the other House, the House to
which the bill is sent shall dispose of the bill within 30
sitting days after it is sent.
      (4) Where a bill described in subsection (1) is defeated in
either House of Parliament, no further action may be taken on the
bill.
       (5) This section and section 36A do not apply to revenue or
expenditure bills, as defined in subsection 32(1).
  36A. (1) Any senator, on introducing a bill into the Senate,
or any member of the House of Commons, on introducing a bill that
originates in the House of Commons, may indicate that the bill
is, in the opinion of the senator or member, a bill that
materially affects the French language or culture in Canada.
      (2) Any senator or the Speaker of the House of Commons may
request that the Speaker of the Senate consider whether a bill
materially affects the French language or culture in Canada and
the Speaker of the Senate shall, after consulting with the
Speaker of the House of Commons, rule on the matter within five
sitting days after the request is made.
     (3) There shall be endorsed on every bill that materially
affects the French language or culture in Canada, when it is
presented to the Governor General for the Queen's assent, a
certificate of the Speaker of the Senate, signed by that Speaker,
that it is a bill that materially affects the French language or
culture in Canada and that it has received the requisite
approval.
    (4) A certificate of the Speaker of the Senate given under
subsection (3) is conclusive for all purposes and shall not be
questioned in any court of law.
  36B. (1) For the purposes of section 36, senators are, subject
to subsection (2), French-speaking if they identify themselves to
the Speaker as French-speaking on first taking their seats in the
Senate.
      (2) The Speaker of the Senate may resolve any dispute about
whether a senator is French-speaking, and the decision of the
Speaker is conclusive for all purposes and shall not be
questioned in any court of law.
   36C. In sections 28 to 30 and 34 to 36A, ``sitting days''
means any days on which the House of Commons sits.''
 5. Sections 51A and 52 of the said Act are repealed and the
following substituted therefor:
   ``51A. (1) In readjusting the number of members in the House
of Commons, the Parliament of Canada shall be guided by the
principle that the proportion of members of the House of Commons
representing a province shall be based on the proportion of the
population of Canada from that province.''
           (2) Notwithstanding anything in this Act,
   (a) a province shall always be entitled to a number of members
in the House of Commons not fewer than the number of senators by
which the province was entitled to be represented on April 17,
1982;
   (b) Quebec shall always be entitled to a number of members in
the House of Commons that is no fewer than 25 per cent of the
total number of members in the House of Commons;
   (c) except as a result of the application of paragraph (b), no
province shall have fewer members in the House of Commons than
any other province that had, at the then latest general census, a
smaller population;
   (d) in any readjustment of the number of members in the House
of Commons, no province shall have its representation reduced by
more than one member; and
   (e) the Yukon Territory and the Northwest Territories shall
always be entitled to a number of members in the House of Commons
not fewer than the number of members to which they were entitled
on the coming into force of this section, and this entitlement
applies to any new province established from either of them.
     52. Subject to section 51A, the number of members of the House
of Commons may from time to time be increased by the Parliament
of Canada.''
 6. Sections 55 to 57 of the said Act are repealed and the
following substituted therefor:
  ``55. Where a bill passed by the Houses of Parliament is
presented to the Governor General for the Queen's Assent, the
Governor General shall declare, according to the discretion of
the Governor General, but subject to Her Majesty's instructions,
either that the bill is assented to in the Queen's name, or that
the Queen's Assent is withheld.''
 7. Section 90 of the said Act is repealed and the following substituted
therefor:
   ``90. The provisions of this Act relating to the
recommendation of money votes and the assent to bills in the
Parliament of Canada apply to the legislatures of the provinces
with the substitution of the Lieutenant Governor of the province
for the Governor General and of the Governor General for the
Queen.''
   8. The said Act is further amended by adding thereto,
immediately after section 91 thereof, the following section:
   ``91A. For greater certainty, class 24 of section 91 applies,
except as provided in section 95E, in relation to all the
Aboriginal peoples of Canada.''
   9. (1) Paragraph (c) of class 10 of section 92 of the said Act
is repealed and the following substituted therefor:
   ``(c) such works as, although wholly situate within the
Province, are before or after their execution declared by the
Parliament of Canada, where authorized by resolution of the
Legislative Assembly of the Province, to be for the general
advantage of two or more of the Provinces.''
     (2) Section 92 of the said Act is further amended by adding
thereto, immediately after class 12 thereof, the following:
   ``12A. Labor market development and training in the
Province.'' 
     (3) Section 92 of the said Act is further amended by adding
thereto, immediately after class 16 thereof, the following 
   ``And,
    (a) for greater certainty, any declaration made under
paragraph (c) of class 10 and in force immediately before this
paragraph comes into force remains in force until it is repealed
in accordance with paragraph (b); and
   (b) no declaration made under paragraph (c) of class 10 may be
repealed by the Parliament of Canada except where authorized by
resolution of the legislative assembly of the province within
which the works in respect of which the declaration is made are
situate.''
  10. The said Act is further amended by adding thereto,
immediately after section 92A thereof, the following heading and
sections:
                     "Culture
      92B. (1) The legislature of each province may exclusively make
laws in relation to culture in the province.
           (2) The Government of Canada retains its role in relation to
national cultural matters, including national cultural
institutions and grants and contributions delivered by such
institutions.
          (3) Nothing in subsection (2) extends the authority of the
Parliament of Canada.
     92C. (1) The Government of Canada shall negotiate with the
government of any province that so requests an agreement on
culture for the purpose of ensuring that both governments work in
harmony, recognizing the lead responsibility of the province for
culture in the province.
          (2) The Government of Canada shall negotiate with the
government of any territory that so requests an agreement on
culture for the purpose of ensuring that both governments work in
harmony.
                   Telecommunications
     92D. The Government of Canada shall negotiate with the
government of any province or territory that so requests an
agreement on telecommunications for the purpose of coordinating
and harmonizing the procedures of their respective regulatory
agencies.''
   11. The said Act is further amended by adding thereto,
immediately after section 93 thereof, the following heading and
sections:
    "Urban and Municipal Affairs, Tourism, Recreation, Housing,
                                     Mining and Forestry
    93A. (1) It is hereby affirmed that the following matters in
each province come within the exclusive legislative authority of
the legislature of the province:
   (a) urban and municipal affairs;
   (b) tourism;
   (c) recreation;
   (d) housing;
   (e) mining; and
   (f) forestry.
        (2) The Government of Canada shall, at the request of any
province or territory, negotiate with that government for the
purpose of concluding an agreement under which the Government of
Canada is required to withdraw partially or completely as soon as
is practicable from any program of grants or contributions in
respect of the province or territory that relates to any of the
matters listed in subsection (1) and is required to provide
reasonable compensation to the province or territory.
       (3) The Government of Canada and the government of any
province or territory may enter into an agreement under which any
expenditure of money in respect of the province or territory by
the Government of Canada in relation to any of the matters listed
in subsection (1) is constrained, whether or not the agreement
relates to a withdrawal from a program of grants or
contributions.
       (4) Where an agreement is concluded with the government of
any province or territory pursuant to subsection (2) or (3), the
Government of Canada shall, at the request of the government of
any other province or territory, negotiate with that government
for the purpose of concluding an agreement under which the
Government of Canada is required to maintain its expenditure of
money in respect of that province or territory in relation to the
matter that is the subject of the agreement.
      (5) Where a request is made under subsection (2) or (4), the
Government of Canada and the government of the province or
territory that made the request shall conclude an agreement
within a reasonable time.
     (6) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, including
compensation, be accorded equality of treatment in relation to
any other province with which an agreement has been concluded
pursuant to this section in relation to the same matter in the
context of the different needs and circumstances of the
provinces.
    (7) Subsection (6) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.
            Labor Market Development and Training
   93B. (1) The Government of Canada shall, at the request of the
government of any province or territory, negotiate with that
government for the purpose of concluding an agreement under which
the Government of Canada is required to withdraw partially or
completely, as soon as is practicable, from any program or
activity in respect of the province or territory that relates to
labor market development or training, including labor market
training in the province or territory under any unemployment
insurance program or activity, and is required to provide
reasonable compensation to the province or territory.
        (2) Where the government of a province or territory requests
the Government of Canada to withdraw partially or completely from
any program or activity in respect of the province or territory
described in subsection (1), the Government of Canada shall, in
accordance with the request, do so as soon as is practicable.
        (3) For greater certainty, nothing in this section abrogates
or derogates from the legislative authority of the Parliament of
Canada in relation to unemployment insurance.
       (4) Nothing in subsections (1) and (2) precludes the
Government of Canada from making expenditures on job creation
programs.
       (5) Where an agreement is concluded with the government of any
province or territory pursuant to subsection (1), or the
Government of Canada withdraws from a program or activity in any
province or territory pursuant to subsection (2), the Government
of Canada shall, at the request of the government of any other
province or territory, negotiate with that government for the
purpose of concluding an agreement under which the Government of
Canada is required to maintain its expenditure of money in
respect of that province or territory in relation to labor market
development or training.
      (6) Where a request is made under subsection (1) or (5), the
Government of Canada and the government of the province or
territory that made the request shall conclude an agreement
within a reasonable time.
      (7) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, including
compensation, be accorded equality of treatment in relation to
any other province with which an agreement has been concluded
pursuant to this section in the context of the different needs
and circumstances of the provinces.
      (8) Subsection (7) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.
   93C. (1) Where the Government of Canada withdraws from a
program or activity pursuant to subsection 93B (1) or (2), the
government of the province or territory that requested the
withdrawal shall ensure that all labor market development
programs and activities in the province or territory, considered
together, are compatible with national objectives established
under subsection (2) in the context of the different needs and
circumstances of the provinces or territories.
      (2) For the purposes of subsection (1), the Government of
Canada shall, from time to time, with the governments of the
provinces and territories, establish national objectives in
relation to national aspects of labor market development programs
and activities, taking into account the different needs and
cirumstances of the provinces and territories.
               Regional Development
   93D. (1) The Government of Canada shall, at the request of the
government of any province or territory, negotiate with that
government for the purpose of concluding an agreement relating to
regional development in that province or territory.
        (2) Where a request is made under subsection (1), the
Government of Canada and the government of the province or
territory that made the request shall conclude an agreement
within a reasonable time.
       (3) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, be accorded
equality of treatment in relation to any other province with
which an agreement has been concluded pursuant to this section in
the context of the different needs and circumstances of the
provinces and, in particular, with regard to the need for a
special focus on provinces, or regions within provinces,
suffering the greatest disparities.
      (4) Subsection (3) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.
              Legislative Powers not Extended
   93E. Nothing in sections 93A to 93D extends the legislative
powers of the Parliament of Canada.''
   12. The said Act is further amended by adding thereto,
immediately after section 95 thereof, the following heading and
sections:
                "Agreements on Immigration and Aliens
   95A. (1) The Government of Canada shall, at the request of the
government of any province, negotiate with the government of that
province for the purpose of concluding an agreement relating to
immigration or the temporary admission of aliens into that
province that is appropriate to the needs and circumstances of
that province.
         (2) Where a request is made under subsection (1), the
Government of Canada and the government of the province that made
the request shall conclude an agreement within a reasonable time.
         (3) Where an agreement is being negotiated pursuant to this
section, the province negotiating the agreement shall, with
respect to the terms and conditions of the agreement, be accorded
equality of treatment in relation to any other province with
which an agreement has been concluded pursuant to this section in
the context of the different needs and circumstances of the
provinces.
   95B. (1) Any agreement concluded between Canada and a province
in relation to immigration or the temporary admission of aliens
into that province has the force of law from the time it is
declared to do so in accordance with subsection 95C (1) and shall
from that time have effect nothwithstanding class 25 of section
91 or section 95.
       (2) An agreement that has the force of law under subsection
(1) shall have  effect only so long and so far as it is not
repugnant to any provision of an Act of the Parliament of Canada
that sets national standards and objectives relating to
immigration or aliens, including any provision that establishes
general classes of immigrants or relates to levels of immigration
for Canada or that prescribes classes of individuals who are
inadmissible into Canada.
      (3) The Canadian Charter of Rights and Freedoms applies in
respect of any agreement that has the force of law under
subsection (1) and in respect of anything done by the Parliament
or Government of Canada, or the legislature or government of a
province, pursuant to any such agreement.
   95C. (1) A declaration that an agreement referred to in
subsection 95B (1) has the force of law may be made under
proclamation issued by the Governor General under the Great Seal
of Canada only where so authorized by resolutions of the Senate
and House of Commons and of the legislative assembly of that
province that is a party to the agreement.
        (2) An amendment to an agreement referred to in subsection
95B (1) may be made by proclamation issued by the Governor
General under the Great Seal of Canada only where so authorized
   (a) by resolutions of the Senate and House of Commons and of
the legislative assembly of the province that is a party to the
agreement; or
   (b) in such other manner as is set out in the agreement.
   95D. Sections 46 to 48 of the Constitution Act, 1982 apply,
with such modifications as the circumstances require, in respect
of any declaration made pursuant to subsection 95C (1) or any
amendment to an agreement made pursuant to subsection 95C (2).
          Metis and Metis Settlement Lands in Alberta
   95E. In the context of section 91A, the legislature of Alberta
may make laws, and the Parliament of Canada may make laws, in
relation to the Metis in Alberta and to Metis settlement lands in
Alberta and, where such a law of Alberta and a law of Parliament
conflict, the law of Parliament prevails to the extent of the
conflict.''
   13. The said Act is further amended by adding thereto,
immediately before section 96 thereof, the following heading:
                       "General"
   14. The said Act is further amended by adding thereto,
immediately before section 101 thereof, the following heading:
         "Courts Established by the Parliament of Canada"
    15. The said Act is further amended by adding thereto,
immediately after section 101 thereof, the following heading and
sections:
                 "Supreme Court of Canada
   101A. (1) The court existing under the name of the Supreme
Court of Canada is hereby continued as the general court of
appeal for Canada, and as an additional court for the better
administration of the laws of Canada, and shall continue to be a
superior court of record.
         (2) The Supreme Court of Canada shall consist of a chief
justice, to be called the Chief Justice of Canada, and eight
other judges who shall be appointed by the Governor General in
Council.
   101B. (1) Any person may be appointed a judge of the Supreme
Court of Canada who, after having been admitted to the bar of a
province or territory, has, for a total of at least 10 years,
been a judge of any court in Canada or a member of the bar of any
province or territory.
        (2) At least three of the judges shall be appointed from among
persons who, after having been admitted to the bar of Quebec,
have, for a total of at least 10 years, been judges of any court
of Quebec or of any court established by the Parliament of
Canada, or members of the bar of Quebec.
   101C. (1) Where a vacancy occurs in the Supreme Court of
Canada, the government of each province or territory may submit
to the Minister of Justice of Canada the names of at least five
candidates to fill the vacancy, each of whom is qualified under
section 101B for appointment to the Court.
         (2) Where an appointment is made to the Supreme Court of
Canada, the Governor General in Council shall, except where the
Chief Justice is appointed from among members of the Court,
appoint a person whose name has been submitted under subsection
(1) and who is acceptable to the Queen's Privy Council for
Canada.
         (3) Where an appointment is made under subsection 101B(2), the
Governor General in Council shall appoint a person whose name is
submitted by the Government of Quebec.
         (4) Where an appointment is made otherwise than under
subsection 101B(2), the Governor General in Council shall appoint
a person whose name is submitted by the government of a province,
other than Quebec, or of a territory.
   101D. (1) Where a vacancy in the Supreme Court of Canada is
not filled and at least 90 days have elapsed since the vacancy
occurred, the Chief Justice of Canada may in writing request a
judge of a superior court of a province or territory or of any
superior court established by the Parliament of Canada to attend
at the sittings of the Supreme Court of Canada as an interim
judge for the duration of the vacancy.
        (2) Where a vacancy in the Supreme Court of Canada results in
there being fewer than three judges on the Court who meet the
qualifictions set out in subsection 101B(2), no judge may be
requested to attend as an interim judge under subsection (1)
unless the judge meets those qualifications.
   101E. Sections 99 and 100 apply in respect of the judges of
the Supreme Court of Canada.
   101F. (1) Sections 101A to 101E shall not be construed as
abrogating or derogating from the powers of the Parliament of
Canada to make laws under section 101 except to the extent that
such laws are inconsistent with those sections.
         (2) For greater certainty, section 101A shall not be construed
as abrogating or derogating from the powers of the Parliament of
Canada to make laws relating to the reference of questions of law
or fact, or any other matters, to the Supreme Court of Canada.''
   16. The said Act is further amended by adding thereto,
immediately after section 106 thereof, the following section:
   ``106A. (1) The Government of Canada shall provide reasonable
compensation to the government of a province that chooses not to
participate in a national shared-cost program that is established
by the Government of Canada after the coming into force of this
section in an area of exclusive provincial jurisdiction, if the
province carries on a program or initiative that is compatible
with the national objectives.
           (2) Nothing in this section extends the legislative powers of
the Parliament of Canada or of the legislatures of the provinces.
          (3) For greater cerainty, nothing in this section affects the
commitments of the Parliament and government of Canada set out in
section 36 of the Constituion Act, 1982.''
   17. The said Act is further amended by adding thereto,
immediately after Part VIII thereof, the following Part:
           "VIII.1 INTERGOVERNMENTAL AGREEMENTS
   126A. (1) Where the Government of Canada and the government of
one or more provinces or territories enter into an agreement that
is approved under this section, no law made by or under the
authority of the Parliament of Canada or of any legislature of a
province or legislative authority of a territory that is a party
to the agreement and has caused it to be approved under this
section may amend, revoke or otherwise supersede the agreement
while the approval of the agreement remains in force.
        (2) An agreement is approved when the Parliament of Canada and
the legislature of a province, or the legislative authority of a
territory, that is a party thereto have each passed a law that
approves the agreement and that includes an express declaration
that this section applies in respect of the agreement.
       (3) An agreement approved under this section may be amended,
revoked or otherwise superseded only in accordance with its terms
or by a further agreement approved under this section.
      (4) An approval under this section expires no later than five
years after it is given, but may be renewed under this section
for additional periods not exceeding five years each.
     (5) Where an agreement between the Government of Canada and
the government of any province is approved under this section,
the Government of Canada, at the request of the government of any
other province, shall negotiate and conclude an agreement within
a reasonable time with that other government and shall, with
respect to the terms and conditions of that agreement, accord
that other government equality of treatment in the context of the
different needs and circumstancs of the provinces, and the
Government of Canada shall cause the agreement to be placed
before the Parliament of Canada for approval under this section.
    (6) Subsection (5) applies in respect of territories so as to
accord a territory equality of treatment in relation to another
territory in the context of the different needs and circumstances
of the territories.
    (7) This section applies, with such modification as the
circumstances require, in respect of any agreement entered into
between a government of the Aboriginal peoples of Canada and the
Government of Canada or the government of a province or
territory.
   (8) In this section, ``agreement'' includes any agreement,
contract or other arrangement.''
   18. The said Act is further amended by adding thereto,
immediately before section 128 thereof, the following section:
   ``127. (1) For greater certainty, except to the extent that is
otherwise agreed by the Aboriginal peoples concerned, none of the
provisions referred to in subsection (2), and no agreement made
under any provision referred to in subsection (2), abrogates or
derogates from 
   (a) the legislative authority of the Parliament of Canada
under class 24 of section 91 consistent with section 91A, as
modified by section 95E;
   (b) the federal fiduciary responsibility for aboriginal
peoples; or
   (c) the aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada, including
       (i) any rights or freedoms that have been recognized by
the Royal Proclamation of October 7, 1763,
       (ii) any rights or freedoms that now exist by way of land
claims agreements or may be so acquired,
       (iii) the inherent right of self-government referred to in
section 35.1 of the Constitution Act, 1982 and the powers and
jurisdictions set out in self-government agreements, and 
       (iv) any rights or freedoms relating to the exercise or
protection of their languages, cultures or traditions.
    (2) This section applies in relation to the following
provisions:
    (a) paragraph (c) of class 10 of section 92 and all that
portion of section 92 following class 16 thereof;
    (b) class 12A of section 92;
    (c) sections 92B to 92D;
    (d) sections 93A to 93D;
    (e) sections 95A to 95D;
    (f) section 95E;
    (g) section 106A; and 
    (h) section 126A.''
            SPECIAL RULES RELATING TO REPRESENTATION
                   IN THE HOUSE OF COMMONS
   19. (1) Notwithstanding sections 41 and 44 of the Constitution
Act, 1982, the amendments in this section are made in accordance
with section 41 of that Act.
      (2) Rules 1 and 2 in subsection 51(1) of the Constitution Act,
1867 are repealed and the following substituted therfor:
     ``1. After the completion of the 1991 decennial census, the
       House of Commons shall consist of 337 members and there shall be
       assigned to each of the provinces and territories the following
       number of members: 117 for Ontario; 93 for Quebec; 11 for Nova
       Scotia; 10 for New Brunswick; 14 for Manitoba; 36 for British
       Columbia; four for Prince Edward Island; 28 for Alberta; 14 for
       Saskatchewan; seven for Newfoundland; one for the Yukon
       Territory; and two for the Northwest Territories.''
    (3) After the completion of the 1996 census, the
representation of the provinces in the House of Commons shall be
readjusted by adding eight members, of which three shall be for
Ontario, three for British Columbia and two for Alberta.
                    TRANSITIONAL
   20. (1) Notwithstanding section 27 of the Constitution Act,
1867, as enacted by section 4 of this amendment, Parliament may
provide for the first general election of senators to take place
within one year after this section comes into force, whether or
not it occurs at the same time as a general election of the House
of Commons.
      (2) Subsection 23(5) of the Constitution Act, 1867, as enacted
by section 4 of this amendment, does not apply for one year after
this section comes into force.
      (3) Until the first general election of senators is completed,
the provisions enacted by sections 3 and 4 of this amendment do
not apply and the Senate shall continue as if those provisions
had not come into force.
               Constitution Act, 1871
   21. Section 2 of the Constitution Act, 1871, is repealed and
the following substituted therefor:
   ``2. (1) The Parliament of Canada may from time to time
establish a new province in any territory forming for the time
being part of the Dominion of Canada, but not included in any
province therof, at the request of the legislative authority of
the territory, and may, at the time of such establishment, make
provision for the constitution and administration of any such
province, and for the passing of laws for the peace, order and
good government of the province, and for its representation in
the House of Commons.
       (2) Before a new province is established under subsection (1),
a conference of the Prime Minister of Canada and the first
ministers of the provinces shall be convened to take into account
the views of the provinces.''
   22. Section 3 of the said Act is renumbered as subsection 3(1)
and is further amended by adding thereto the following
subsection:
   ``(2) The Parliament of Canada may not, pursuant to subsection
(1), alter the limits of any territory forming for the time being
part of the Dominion of Canada, except with the consent of the
legislative authority of the territory.''
                       Alberta Act
   23. The Alberta Act is amended by adding thereto, immediately
after section 24 thereof, the following section:
   ``24.1 (1) In this section,
   ``Metis Settlements General Council'' means the Metis
Settlements General Council incorporated by the Metis Settlements
Act (Alberta);
   ``Metis settlement land'' means land held in fee simple by the
Metis Settlements General Council under letters patent from Her
Majesty in right of Alberta.
          (2) The fee simple estate in Metis settlement land, or any
interest in it less than fee simple, may not be acquired through
expropriation by
   (a) any person,
   (b) Her Majesty in right of Alberta, or
   (c) Her Majesty in right of Canada, except with the consent of
the Governor in Council after consultation between the Government
of Canada and the Metis Settlements General Council,
but an interest less than fee simple may be acquired in that
land in a manner permitted by the Metis Settlements Land
Protection Act (Alberta).
         (3) The fee simple estate in Metis settlement land is exempt
from seizure and sale under court order, writ of execution or any
other process whether judicial or extra-judicial.
        (4) No Act of the Legislature may
   (a) amend or repeal the Metis Settlements Land Protection Act
(Alberta),
   (b) alter or revoke letters patent granting Metis settlement
land to the Metis Settlements General Council, or
   (c) dissolve the Metis Settlements General Council or result
in its being composed of persons who are not settlement members,
   without the agreement of the Metis Settlements General
Council.
       (5) No Act of the Parliament of Canada may dissolve the Metis
Settlements General Council or result in its being composed of
members who are not settlement members without the agreement of
the Metis Settlements General Council.
      (6) Nothing in this section shall be construed as limiting
   (a) the application of the laws of Alberta or Canada to, or
   (b) the jurisdiction of the Legislature of Alberta or the
Parliament of Canada to enact laws in and for Alberta applicable
to,
   Metis settlement land and any activities on or in respect of
that land, except to the extent necessary to give effect to this
section.
     (7) Nothing in this section shall be construed so as to
abrogate or derogate from any rights referred to in Part II of
the Constitution Act, 1982.''
                 Constitution Act, 1982
   24. Section 3 of the Constitution Act, 1982 is repealed and
the following substituted therefor:
   ``3. Every citizen of Canada has the right to vote in an
election of members of the House of Commons or of a legislative
assembly of a province and to be qualified for membership
therein.''
   25. Section 25 of the said Act is amended by striking out the
word ``and'' at the end of paragraph (a) thereof, by adding the
word ``and'' at the end of paragraph (b) thereof and by adding
thereto the following paragraph:
   ``(c) any rights or freedoms relating to the exercise or
protection of their languages, cultures or traditions.''
   26. Subsection 32(1) of the said Act is amended by striking
out the word ``and'' at the end of paragraph (a) thereof, by
adding the word ``and'' at the end of paragraph (b) thereof and
by adding thereto the following paragraph:
   ``(c) to all legislative bodies and governments of the
Aboriginal peoples of Canada in respect of all matters within the
authority of their respective legislative bodies.''
   27. The said Act is further amended by adding thereto,
immediately after section 33 thereof, the following section:
   ``33.1  Section 33 applies to legislative bodies of the
Aboriginal peoples of Canada with such modifications, consistent
with the purposes of the requirements of that section, as are
appropriate to the circumstances of the Aboriginal peoples
concerned.''
   28. (1) Subsection 35(1) of the English version of the said
Act is amended by substituting the expression ``Aboriginal
peoples of Canada'' for the expression ``aboriginal peoples of
Canada''.
       (2) Subsection 35(2) of the said Act is repealed and the
following substituted therefor:
       ``(2) In the Constitution of Canada, ``Aboriginal peoples
of Canada'' includes the Indian, Inuit and Metis peoples of
Canada.''
       (3) Subsection 35(4) of the said Act is repealed and the
following substituted therefor:
       ``(4) For greater certainty, all the Aboriginal peoples of
Canada have access to the aboriginal and treaty rights recognized
and affirmed in this Part that pertain to them.''
   29. Section 35.1 of the said Act is repealed and the following
substituted therefor:
       ``35.1 (1) The Aboriginal peoples of Canada have the
inherent right of self-government within Canada.
              (2) The right referred to in subsection (1) shall be
interpreted in a manner consistent with the recognition of the
governments of the Aboriginal peoples of Canada as constituting
one of three orders of government in Canada.
           (3) The exercise of the right referred to in subsection
(1) includes the authority of duly constituted legislative bodies
of the Aboriginal peoples, each within its own jurisdiction,
            (a) to safeguard and develop their languages, cultures,
economies, identities, institutions and traditions, and 
            (b) to develop, maintain and strenghten their relationship
with their lands, waters and environment,
so as to determine and control their development as peoples
according to their own values and priorities and to ensure the
integrity of their societies.
        (4) Where an issue arises in any proceedings in relation to
the scope of the inherent right of self-government, or in
relation to an assertion of that right, a court or tribunal
        (a) before making any final determination of the issue, shall
inquire into the efforts that have been made to resolve the issue
through negotiations under section 35.2 and may order the parties
to take such steps as may be appropriate in the circumstances to
effect a negotiated resolution; and 
      (b) in making any final determination of the issue, shall take
into account subsection (3).
      (5) Neither the right referred to in subsection (1) nor
anything in subsection 35.2 (1) creates new aboriginal rights to
land or abrogates or derogates from existing aboriginal or treaty
rights to land, except as otherwise provided in self-government
agreements negotiated under section 35.2.
       35.2 (1) The government of Canada, the provincial and
territorial governments and the Aboriginal peoples of Canada,
including the Indian, Inuit and Metis peoples of Canada, in the
various regions and communities shall negotiate in good faith the
implementation of the right of self-government, including issues
of
   (a) jurisdiction,
   (b) lands and resources, and
   (c) economic and fiscal arrangements,
With the objective of concluding agreements elaborating
relationships between governments of aboriginal peoples and the
government of Canada and provincial or territorial governments.
      (2) Negotiations referred to in subsection (1) may be
initiated only by the representatives or governments of the
Aboriginal peoples concerned, and shall, unless otherwise agreed
by the parties to the negotiations, be conducted in accordance
with the process for negotiations outlined in an accord entered
into by the government of Canada, the provincial and territorial
governments and representatives of the aboriginal peoples.
    (3) All the Aboriginal peoples of Canada shall have equitable
access to negotiations referred to in subsection (1).
   (4) An agreement negotiated under this section may provide for
bodies or institutions of self-government that are open to the
participation of all residents of the region to which the
agreement relates as determined by the agreement.
   (5) The parties to negotiations referred to in subsection (1)
shall have regard to the different circumstances of the
various aboriginal peoples of Canada.
   (6)  Where an agreement negotiated under this section
   (a)  is set out in a treaty or land claims agreement, or in an
amendment to a treaty including a land claims agreement, or
   (b)  contains a declaration that the rights of the aboriginal
peoples set out in the agreement are treaty rights,
the rights of the Aboriginal peoples set out in the agreement
are treaty rights under subsection 35 (1).
   (7)  Nothing in this section abrogates or derogates from the
rights referred to in section 35 or 35.1, or from the
enforceability thereof, and nothing in subsection 35.1 (3) or in
this section makes those rights contingent on the commitment to
negotiate under this section.
      35.3  (1) Except in relation to self-government agreements
concluded after the coming into force of this section, section
35.1 shall not be made the subject of judicial notice,
interpretation or enforcement for five years after this section
comes into force.  
        (2) For greater certainty, nothing in subsection (1) prevents
the justiciability of disputes in relation to
   (a) any existing rights that are recognized and affirmed in
subsection 35 (1), including any rights relating to
self-government, when raised in any court; or
  (b) the process of negotiations under section 35.2.
       (3) Nothing in subsection (1) abrogates or derogates from
section 35.1 or renders section 35.1 contingent on the happening
of any future event, and subsection (1) merely delays for five
years judicial notice, interpretation or enforcement of that
section.
       35.4 (1) Except as otherwise provided by the Constitution of
Canada, the laws of Canada and the laws of the provinces and
territories continue to apply to the Aboriginal peoples of
Canada, subject nevertheless to being displaced by laws enacted
by legislative bodies of the Aboriginal peoples according to
their authority.
       (2) No aboriginal law or any other exercise of the inherent
right of self-government under section 35.1 may be inconsistent
with federal or provincial laws that are essential to the
preservation of peace, order and good government in Canada.
      (3) For greater certainty, nothing in this section extends the
legislative authority of the Parliament of Canada or the
legislatures of the provinces or territories.
       35.5 (1) Subsections 6(2) and (3) of the Canadian Charter of
Rights and Freedoms do not preclude a legislative body or
government of the Aboriginal peoples of Canada from exercising
authority pursuant to this Part through affirmative action
measures that have as their object the amelioration of conditions
of individuals or groups who are socially or economically
disadvantaged or the protection and advancement of aboriginal
languages and cultures.
        (2) For greater certainty, nothing in this section abrogates
or derogates from section 15, 25 or 28 of the Canadian Charter of
Rights and Freedoms or from section 35.7 of this Part.
       35.6 (1) The treaty rights referred to in subsection 35 (1)
shall be interpreted in a just, broad and liberal manner taking
into account their spirit and intent and the context of the
specific treaty negotiations relating thereto.
       (2) The government of Canada is committed to establishing
treaty processes to clarify or implement treaty rights and, where
the parties agree, to rectify terms of the treaties, and is
committed, where requested by the Aboriginal peoples of Canada
concerned, to participating in good faith in the process that
relates to them.
       (3) The governments of the provinces and territories are
committed, to the extent that they have jurisdiction, to
participating in good faith in the processes referred to in
subsection (2), where jointly invited by the government of Canada
and the Aboriginal peoples of Canada concerned or where it is
specified that they will do so under the terms of the treaty
concerned.
      (4) The participants in the processes referred to in
subsection (2) shall have regard to, among other things and where
appropriate, the spirit and intent of the treaties, as understood
by the aboriginal peoples concerned.
    (5) For greater certainty, all those Aboriginal peoples of
Canada who have treaty rights shall have equitable access to the
processes referred to in this section.
   (6) Nothing in this section abrogates or derogates from any
rights of the Aboriginal peoples of Canada who are not parties to
a particular treaty.
      35.7 Notwithstanding any other provision of this Act, the
rights of the Aboriginal peoples of Canada referred to in this
Part are guaranteed equally to male and female persons.
    [ 35.8*  The government of Canada and the provincial governments
are committed to the principle that, before any amendment
described in section 45.1 is made,
   (a) a constitutional conference that includes in its agenda an
item relating to the proposed amendment, composed of the Prime
Minister of Canada and the first ministers of the provinces will
be convened by the Prime Minister of Canada; and 
   (b) The Prime Minister of Canada will invite representatives
of the aboriginal peoples of Canada to participate in the
discussions on that item.]
   (*Footnote for 35.8 - SQUARE BRACKETED ITEM: The final wording of
this provision  (based on existing section 35.1 added in 1984) is to be
revisited when the consent mechanism is finalized for section 45.1, at
which time concerns will be addressed in respect of amendments directly
referring to Aboriginal peoples in some but not all regions of Canada).  
      35.9 (1) At least four constitutional conferences on
aboriginal issues composed of the Prime Minister of Canada, the
first ministers of the provinces, representatives of the
Aboriginal peoples of Canada and elected representatives of the
governments of the territories shall be convened by the Prime
Minister of Canada, the first to be held no later than 1996 and
the three subsequent conferences to be held one every two years
thereafter.
      (2) Each conference convened under subsection (1) shall have
included in its agenda such items as are proposed by the
representatives of the Aboriginal peoples of Canada.
     35.91 For greater certainty, nothing in this part extends the
powers of the legislative authorities or governments of the
territories.''
   30. (1) All that portion of subsection 36(1) of the said Act
preceding paragraph (a) thereof is repealed and the following
substituted therefor:
   ``36. (1) Without altering the legislative authority of
Parliament, the provincial legislatures or the territorial
legislative authorities, or the rights of any of them with
respect to the exercise of their legislative authority,
Parliament, the provincial legislatures and the territorial
legislative authorities, together with the government of Canada
and the provincial and territorial governments, are committed
to''
         (2) Subsection 36(1) of the said Act is further amended by
striking out the word ``and'' at the end of the paragraph (b)
thereof, by adding the word ``and'' at the end of paragraph (c)
thereof and by adding thereto the following paragraph:
   ``(d) ensuring the provision and maintenance of reasonably
comparable economic infrastructure of a national nature in each
province and territory of Canada.''
        (3) Subsection 36(2) of the said Act is repealed and the
following substituted therefor:
   ``(2) Parliament and the government of Canada are committed to
making equalization payments so that provincial governments have
sufficient revenues to provide reasonably comparable levels of
public services at reasonably comparable levels of taxation.
   (3) The government of Canada is committed to meaningful
consultation with provincial governments before introducing
legislation relating to making equalization payments.
   (4) Parliament, the provincial legislatures and the
territorial legislative authorities, together with the government
of Canada and the provincial and territorial governments, are
committed to the promotion of regional economic development to
reduce economic disparities.''
   31. The said Act is further amended by adding thereto,
immediately after Part III thereof, the following Parts:
                         "PART 111.1
                          ===========
                 THE SOCIAL AND ECONOMIC UNION
                 =============================
   36.1 (1) Without altering the authority of Parliament, the
provincial legislatures or the territorial legislative
authorities, or of the government of Canada or the governments of
the provinces or territories, or the rights of any of them with
respect to the exercise of their authority, Parliament, the
provincial legislatures and the territorial legislative
authorities, together with the government of Canada and the
provincial and territorial governments, are committed to the
principle of the preservation and development of the Canadian
social and economic union.
        (2) The preservation and development of the social union
includes, but is not limited to, the following policy objectives:
   (a) providing throughout Canada a health care system that is
comprehensive, universal, portable, publicly administered, and
accessible;
   (b) providing adequate social services and benefits to ensure
that all individuals resident in Canada have reasonable access to
housing, food and other basic necessities;
   (c) providing high quality primary and secondary education to
all individuals resident in Canada and ensuring reasonable access
to post-secondary education;
   (d) protecting the rights of workers to organize and bargain
collectively; and   
   (e) protecting, preserving and sustaining the integrity of the
environment for present and future generations.
        (3) The preservation and development of the economic union
includes, but is not limited to, the following policy objectives:
   (a) working together to strengthen the Canadian economic
union;
   (b) the free movement of persons, goods, services and capital;
   (c) the goal of full employment;
   (d) ensuring that all Canadians have a reasonable standard of
living; and
   (e) ensuring sustainable and equitable development.
        (4) This Part does not have the effect of modifying the
interpretation of the rights and freedoms referred to in the
Canadian Charter of Rights and Freedoms.
     36.2 The Prime Minister of Canada and the first ministers of
the provinces shall, at a conference convened pursuant to section
37.1, establish a mechanism to monitor the progress made in
relation to the objectives stated in subsections 36.1(2) and (3).
                          PART IV
                          =======
 FRAMEWORK FOR CERTAIN EXPENDITURES BY THE GOVERNMENT OF CANADA
 ==============================================================
    37. (1) The government of Canada and the governments of the
provinces are committed to establishing a framework to govern
expenditures of money in the provinces by the government of
Canada in areas of exclusive provincial jurisdiction that would
ensure, in particular, that such expenditures:
   (a) contribute to the pursuit of national objectives;
   (b) reduce overlap and duplication;
   (c) respect and not distort provincial priorities; and
   (d) ensure equality of treatment of provinces while
recognizing their different needs and circumstances.
       (2) After establishing a framework pursuant to subsection (1),
the Prime Minister of Canada and the first ministers of the
provinces shall review the progress made in achieving the
objectives set out in the framework once each year at conferences
convened pursuant to section 37.1.
                       PART IV.1
                       =========
                FIRST MINISTERS' CONFERENCES
                ============================
       37.1 A conference of the Prime Minister of Canada and the
first ministers of the provinces shall be convened by the Prime
Minister of Canada at least once each year, the first within 12
months after this Part comes into force.''
   32. Sections 40 to 42 of the said Act are repealed and the
following substituted therefor:
   ``40. Where an amendment is made under subsection 38 (1) that
transfers legislative powers from provincial legislatures to
Parliament, Canada shall provide reasonable compensation to any
province to which the amendment does not apply.
    41. An amendment to the Constitution of Canada in relation to
the following matters may be made by proclamation issued by the
Governor General under the Great Seal of Canada only where
authorized by resolutions of the Senate and House of Commons and
of the legislative assembly of each province:
   (a) the office of the Queen, the Governor General and the
Lieutenant Governor of a province;
   (b) the powers of the Senate and the selection of senators;
   (c) the number of senators by which a province or territory is
entitled to be represented in the Senate and the qualifications
of senators set out in the Constitution Act, 1867;
   [(c.1)* the number of senators by which the Aboriginal peoples
of Canada are entitled to be represented in the Senate and the
qualifications of such senators;] 
   (*Footnote to c.1:- SQUARE BRACKETED ITEM - the issue of Aboriginal
representation is to be discussed in the autumn of 1992, according to
the Consensus Report.)    
   (d) an amendment to section 51a of the Constitution Act, 1867;
   (e) subject to section 43, the use of the English or the
French language;
   (f) subject to subsection 42(1), the Supreme Court of Canada;
   (g) an amendment to section 2 or 3 of the Constitution Act,
1871; and  
   (h) an amendment to this Part.
   42. (1) An amendment to the Constitution of Canada in relation
to the method of selecting judges of the Supreme Court of Canada
may be made only in accordance with subsection 38 (1).
      (2) Subsections 38 (2) to (4) do not apply in respect of
amendments in relation to the matter referred to in subsection
(1).
   42.1 Subsection 38 (1) and sections 41 and 42 do not apply to
allow a province that is established pursuant to section 2 of the
Constitution Act, 1871 after the coming into force of this
section to authorize amendments to the Constitution of Canada
and, for greater certainty, all other provisions of this Part
apply in respect of such a province.''
NOTE: THE ENTIRE SECTION 33 IS IN SQUARE BRACKETS
   [33. The said Act is further amended by adding thereto,
immediately after section 45 thereof, the following section:
    ``45.1* (1) An amendment to the Constitution of Canada that
directly refers to, or that amends a provision that directly
refers to, one or more of the Aboriginal peoples of Canada or
their governments, including 
(*Footnote to 45.1: A mechanism for obtaining aboriginal consent would
be worked out prior to the tabling of a Constitution resolution in
Parliament), including
  (a) section 2, as it relates to the aboriginal peoples of
Canada* class 24 of section 91, and sections 91A, 95E and 127 of the
Constitution Act, 1867, and 
(*Footnote: A reference to any provision relating to
aboriginal representation in the Senate would be added here),
  (b) section 25 and Part II of this Act and this section,
may be made by proclamation issued by the Governor General
under the Great Seal of Canada only where the amendment has been
authorized in accordance with this Part and has received the
substantial consent of the Aboriginal peoples so referred to.
   (2) Notwithstanding section 46, the procedures for amending
the Constitution of Canada in relation to any matter referred to
in subsection (1) may be initiated by any of the aboriginal
peoples of Canada directly referred to as provided in subsection
(1).'']
   34. Subsection 52(2) of the said Act is amended by striking
out the word ``and'' at the end of paragraph (b) thereof, by
adding the word ``and'' at the end of paragraph (c) thereof and
by adding thereto the following paragraph:
    ``(d) any other amendment to the Constitution of Canada.''
   35. Section 61 of the said Act is repealed and the following
substituted therefor:
     ``61. A reference to the Constitution Act, 1982 or a
reference to the Constitution Acts, 1867 to 1982 shall be deemed
to include a reference to any amendments thereto.''
                  CONSTITUTION ACT, 1982
         (Bilateral amendment _ New Brunswick and Canada)
   1. The Constitution Act, 1982 is amended by adding thereto,
immediately after section 16 thereof, the following section:
   ``16.1 (1) The English linguistic community and the French
linguistic community in New Brunswick have equality of status and
equal rights and privileges, including the right to distinct
educational institutions and such distinct cultural institutions
as are necessary for the preservation and promotion of those
communities.
          (2) The role of the legislature and government of New
Brunswick to preserve and promote the status, rights and
privileges referred to in subsection (1) is affirmed.''