Section 42 Constitution Act 1982 (Procedure for Amending Constitution)

20 Oct, 2022 Canada 0 Comments 0

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Section 42 Constitution Act 1982

Section 42 Constitution Act 1982 is about Amendment by general procedure. It is under Part V (Procedure for Amending Constitution of Canada) of the Act.

Amendment by general procedure

(1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):

(a) the principle of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada;
(b) the powers of the Senate and the method of selecting Senators;
(c) the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators;

(d) subject to paragraph 41(d), the Supreme Court of Canada;
(e) the extension of existing provinces into the territories; and
(f) notwithstanding any other law or practice, the establishment of new provinces.

Exception

(2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1).

See also:

– Section 41 Constitution Act 1982

– Section 40 Constitution Act 1982