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- Part Three - Constitutional Change
- Chapter 6 - Constitutional Change Since 1982
K. Regional Veto Legislation
Author | Patrick J. Monahan - Byron Shaw |
Pages | 216-217 |
Page 216
The operation of the amending procedure has been made significantly more difficult by the enactment in 1996 of the Regional Veto Act.73This Act prohibits any minister of the Crown from proposing a resolution for a constitutional amendment unless the consent of certain provinces has been obtained. The provinces that must consent are Ontario; Quebec; British Columbia; at least two of the Atlantic provinces that have at least 50 percent of the combined population of the Atlantic provinces; and at least two of the three prairie provinces that have at least 50 percent of the combined population of the prairie provinces. Because Alberta at present has over 50 percent of the population of the three prairie provinces, its consent must be obtained in order to satisfy the latter requirement. The manner in which this provincial consent must be manifested is not specified in the Act. Presumably, however, the requirements of the Act should be read in light of the general procedures for constitutional amendments set out in Part V, which require resolutions of the provincial legislatures.
The Regional Veto Act was enacted to fulfil the commitment made by Prime Minister Chrétien during the 1995 Quebec referendum campaign to secure a veto for Quebec over any future constitutional change. The effectiveness of the statute depends on the fact that the approval of the House of Commons is necessary for any constitutional amendment under section 38 or 42. The statute lends this federal veto to the provinces whose consent is required, thus indirectly securing a veto for those provinces.74However, the Act is not an amendment to the Constitution of Canada and, as an ordinary federal statute, is theoretically subject to repeal or amendment by a subsequent Parliament.
Page 217
Section 1 of the Regional Veto Act states that it does not apply to constitutional amendments in cases where a province may exercise a veto under section 41 or 43, or where a province has a right of dissent under section 38(3).75Thus, the main effect of the Act will be in relation to amendments under section 38(1) where no right of dissent is permitted. This would include amendments under section 42(1), which mandates recourse to section 38(1), as well as other constitutional amendments where there is no derogation from provincial powers. While such amendments can continue to be enacted with the consent of seven provinces, the effect of the Act is to raise the population requirement...
To continue reading
Request your trial- Part Three - Constitutional change
- Chapter 6 - Constitutional change since 1982
- A. Amendments to the Constitution of Canada
- B. Legislative versus Executive Amendment
- C. The Role of Referendums
- D. The General Amending Formula: Section 38
- E. Application of General Procedure in Special Cases
- F. Unanimity Procedures
- G. The Special Arrangements Procedure
- H. Unilateral Federal Procedure
- I. Unilateral Provincial Procedure
- J. Senate Approval
- K. Regional Veto Legislation
- L. The Meech Lake Accord
- M. The Charlottetown Accord
- N. The 1995 Quebec Referendum and its Aftermath
- O. The Quebec Secession Reference
- P. The Clarity Act
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