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Section 38 Constitution Act 1982 (Procedure for Amending Constitution)

OTHER CANADIAN LAWS 1. Rights and freedoms in Canada. 2. Fundamental freedoms. 3. Democratic rights of citizens. 4. Maximum duration of legislative bodies. 5. Annual sitting of legislative bodies. 6. Mobility of citizens. 7. Life, liberty and security of person. 8. Search or seizure. 9. Detention or imprisonment. 10. Arrest or detention. 11. Proceedings in criminal and penal matters. 12. Treatment or punishment. 13. Self-crimination. 14. Interpreter. 15. Equality before and under law and equal protection and benefit of law. 16. Official languages of Canada. 16.1. English and French linguistic communities in New Brunswick. 17. Proceedings of Parliament. 18. Parliamentary statutes and records. 19. Proceedings in courts established by Parliament. 20. Communications by public with federal institutions. 21. Continuation of existing constitutional provisions. 22. Rights and privileges preserved. 23. Language of instruction. 24. Enforcement of guaranteed rights and freedoms. 25. Aboriginal rights and freedoms not affected by Charter. 26. Other rights and freedoms not affected by Charter. 27. Multicultural heritage. 28. Rights guaranteed equally to both sexes. 29. Rights respecting certain schools preserved. 30. Application to territories and territorial authorities. 31. Legislative powers not extended. 32. Application of Charter. 33. Exception where express declaration. 34. Citation. 35. Recognition of existing aboriginal and treaty rights. 35.1. Commitment to participation in constitutional conference. 36. Commitment to promote equal opportunities. 37. Repealed. 38. General procedure for amending Constitution of Canada. 39. Restriction on proclamation. 40. Compensation. 41. Amendment by unanimous consent. 42. Amendment by general procedure. 43. Amendment of provisions relating to some but not all provinces. 44. Amendments by Parliament. 45. Amendments by provincial legislatures. 46. Initiation of amendment procedures. 47. Amendments without Senate resolution. 48. Advice to issue proclamation. 49. Constitutional conference. 50. Section 92A, Constitution Act, 1867 51. Sixth Schedule, Constitution Act, 1867 52. Primacy of Constitution of Canada. 53. Repeals and new names. 54. Repeal and consequential amendments. 55. French version of Constitution of Canada. 56. English and French versions of certain constitutional texts. 57. English and French versions of this Act. 58. Commencement. 59. Commencement of paragraph 23(1)(a) in respect of Quebec. 60. Short title and citations. 61. References Schedule (Not available)

Section 38 Constitution Act 1982

Section 38 Constitution Act 1982 is about General procedure for amending Constitution of Canada. It is under Part V (Procedure for Amending Constitution of Canada) of the Act.

General procedure for amending Constitution of Canada

(1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by

See also  Section 17 Canadian Evidence Act 1985

(a) resolutions of the Senate and House of Commons; and
(b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.

Majority of members

(2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).

Expression of dissent

(3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.

Revocation of dissent

(4) A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates.


See also:

Section 36 Constitution Act 1982

Section 35.1 Constitution Act 1982

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