North America Act, 1867, and its various
The fi rst formula covers amendments dealing
amendments (1871, 1886, 1907, 1915, 1930,
with the offi
ce of the Queen, the Governor
1940, 1946, 1949, 1951, 1952, 1960, 1964, 1965,
General, the lieutenant-governors, the right of
1974, 1975) became the Constitution Acts, 1867
a province to at least as many seats in the House
to 1975.
of Commons as it had in the Senate in 1982,
the use of the English and French languages
There is a widespread impression that the
(except amendments applying only to a single
Constitution Act, 1982, gave us a ?new?
province), the composition of the Supreme
Constitution. It did not. In fact, that Act
Court of Canada and amendments to the
itself says that ?the Constitution of Canada
amending formulas themselves.
includes? 14 acts of the Parliament of the
United Kingdom, seven acts of the Parliament
Amendments of these kinds must be passed
of Canada, and four United Kingdom orders-
by the Senate and the House of Commons (or
in-council (giving Canada the original
by the Commons alone, if the Senate has not
Northwest Territories and the Arctic Islands,
approved the proposal within 180 days after the
and admitting British Columbia and Prince
Commons has done so), and by the legislature
Edward Island to Confederation). Several of
of every province. This gives every single
the acts got new names; two, the old British
province a veto.
North America Act, 1867 (now the Constitution
12
A Federal State
The second formula is the general amending
The third formula covers amendments dealing
formula. It includes amendments concerning
with matters that apply only to one province,
the withdrawal of any rights, powers or
or to several but not all provinces. Such
privileges of provincial governments or
amendments must be passed by the Senate
legislatures; the proportionate representation
and the House of Commons (or the Commons
of the provinces in the House of Commons;
alone, if the Senate delays more than 180 days),
the powers of the Senate and the method of
and by the legislature or legislatures of the
selecting senators; the number of senators
particular province or provinces to which it
for each province, and their residence
applies. Such amendments include any changes
qualifi cations; the constitutional position
in provincial boundaries, or changes relating to
of the Supreme Court of Canada (except
the use of the English or French language in a
its composition, which comes under the
particular province, or provinces.
fi
rst formula); the extension of existing
provinces into the territories; the creation of
The fourth formula covers changes in the
new provinces; and, generally, the Canadian
executive government of Canada or in the
Charter of Rights and Freedoms (which is dealt
Senate and House of Commons (other than
with later).
