Section 93A of the Constitution Act, 1867
From Wikipedia, the free encyclopedia
| Constitution Act, 1867 |
|---|
| Part of the Constitution of Canada |
| PREAMBLE |
| I. PRELIMINARY |
| 1, 2 |
| II. UNION |
| 3, 4, 5, 6, 7, 8 |
| III. EXECUTIVE POWER |
| 9, 10, 11, 12, 13, 14, 15, 16 |
| IV. LEGISLATIVE POWER |
| 17, 18, 19, 20 |
| The Senate |
| 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 |
| The House of Commons |
| 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51(1), 51(2), 51A, 52 |
| Money Votes; Royal Assent |
| 53, 54, 55, 56, 57 |
|
V. PROVINCIAL CONSTITUTIONS Executive Power |
| 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68 |
| Legislative Power |
| 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 |
| VI. DISTRIBUTION OF LEGISLATIVE POWERS |
| 91, 92, 92A, 93, 93A, 94, 94A, 95 |
| VII. JUDICATURE |
| 96, 97, 98, 99, 100, 101 |
| VIII. REVENUES; DEBTS; ASSETS; TAXATION |
| 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 |
| IX. MISCELLANEOUS PROVISIONS |
| 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144 |
| X. INTERCOLONIAL RAILWAY |
| 145 |
| XI. ADMISSION OF OTHER COLONIES |
| 146, 147 |
| SCHEDULES |
|
First: Electoral Districts of Ontario Second: Electoral Districts of Quebec Third: Property of Canada Fourth: Property of Ontario and Quebec Fifth: Allegiance and Senate Qualification Sixth: Natural Resources |
| COMING INTO FORCE |
| Proclamation of the Constitution Act, 1867 |
Section 93A of the Constitution Act, 1867 (French: article 93A de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada, extinguishing the right to publicly funded denominational and separate schools in the province of Quebec. It was enacted as a bilateral constitutional amendment in 1997.
The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada.[1] It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s.[2][3] The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces. Originally enacted in 1867 by the British Parliament under the name the British North America Act, 1867,[4] in 1982 the Act was brought under full Canadian control by the Patriation of the Constitution, and was renamed the Constitution Act, 1867.[5] Since Patriation the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982.[6]
Text of section 93A
Section 93A reads:
Quebec
93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec.[7]
Section 93A is found in Part VI of the Constitution Act, 1867, dealing with the distribution of legislative powers.
Constitutional amendment
Section 93A was not part of the Constitution Act, 1867 when first enacted. It was added in 1997 through a bilateral constitutional amendment by the National Assembly of Quebec and the two houses of the federal Parliament, the Senate and the House of Commons. The authority for a bilateral amendment comes from section 43 of the Constitution Act, 1982, which provides for amendments to constitutional provisions that apply to "one or more, but not all, provinces".[6]