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DCER : Volume #15 - 1.DEA/8508-40 : PROPOSED AMENDMENT TO THE CONSTITUTION OF CANADA

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Volume #15 - 1.

CHAPTER I

CONDUCT OF EXTERNAL RELATIONS

PART 1

AMENDMENT OF CONSTITUTION OF CANADA

1.

DEA/8508-40

Extract from Minutes of Meeting of Heads of Divisions
SECRET

Ottawa, November 14th, 1949

PROPOSED AMENDMENT TO THE CONSTITUTION OF CANADA

20. Mr. (K.T) Burbridge reported that a resolution approving the Address to the King requesting the latest amendment to the British North America Act, 1867, was adopted by the House of Commons on October 27 and by the Senate on November 9. The formal engrossed Address was signed by the Speakers of both Houses on Thursday morning, November 10. It was immediately presented by them to the Governor General, who on the same day transmitted it by air to the King's Secretary in London. The United Kingdom High Commissioner's Office, the Secretary to the Governor General and the Canadian High Commissioner in London were informed in advance of the text of the Address and of the proposed amendment, with the result that on November 10 the Government and the Department were informed by the Private Secretary to the King (through the Office of the Governor General) and His Majesty was pleased to approve the Petition and that steps were being taken to introduce the necessary legislation in the United Kingdom Parliament.1

21. The text of the proposed amendment reads:

"1. Section ninety-one of the British North America Act, 1867, is amended by renumbering Class 1 thereof as Class IA and by inserting therein immediately before that Class the following as Class 1:

"1. The amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces, or as regards rights or privileges by this or any other constitutional Act granted or secured to the Legislature or the Government of a Province, or to any class of persons with respect to schools or as regards the use of the English or the French language, or as regards the requirements that there shall be a session of the Parliament of Canada at least once each year, and that no House of Commons shall continue for more than five years from the day of the return of the Writs for choosing the House; provided however, that a House of Commons may in time of real or apprehended war, invasion or insurrection be continued by the Parliament of Canada, if such continuation is not opposed by the votes of more than one-third of the Members of such House.

"2. This Act may be cited as the British North America Act, 1949 (No. 2), and the British North America Acts, 1867-1949, and this Act may be cited together as the British North America Acts, 1867-1949 (No. 2)."


1Ce projet de loi fut sanctionné le 16 décembre 1949.
The legislation received Royal Assent on December l6, 1949.



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