Constitutional amending formula

E52222

The constitutional amending formula is the set of legal rules and procedures that govern how Canada’s Constitution can be formally changed, including the required levels of federal and provincial consent.

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Generate an image of Constitutional amending formula (The constitutional amending formula is the set of legal rules and procedures that govern how Canada’s Constitution can be formally changed, including the required levels of federal and provincial consent.)

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Statements (48)

Predicate Object
instanceOf constitutional amendment procedure ⓘ
legal rule ⓘ
part of the Constitution of Canada ⓘ
alsoKnownAs amending formula ⓘ
constitutional amending procedures ⓘ
appliesTo Constitution of Canada ⓘ
cameIntoForce 1982 ⓘ
component federal unilateral amendment procedure ⓘ
general amending procedure ⓘ
provincial unilateral amendment procedure ⓘ
special arrangements for some but not all provinces ⓘ
unanimity procedure ⓘ
country Canada ⓘ
definedIn Constitution Act, 1982 ⓘ
generalProcedureThreshold approval by the Senate and House of Commons and at least two‑thirds of the provinces representing at least 50 percent of the population of all provinces ⓘ
governs formal constitutional amendments in Canada ⓘ
historicalContext Constitutional negotiations of the late 1970s and early 1980s ⓘ
patriation of the Constitution of Canada ⓘ
includesSection section 38 of the Constitution Act, 1982 ⓘ
section 41 of the Constitution Act, 1982 ⓘ
section 42 of the Constitution Act, 1982 ⓘ
section 43 of the Constitution Act, 1982 ⓘ
section 44 of the Constitution Act, 1982 ⓘ
section 45 of the Constitution Act, 1982 ⓘ
interpretedBy Supreme Court of Canada ⓘ
mainSection Part V of the Constitution Act, 1982 ⓘ
notableCase Reference re Senate Reform (2014) ⓘ
Reference re Supreme Court Act, ss. 5 and 6 (2014) ⓘ
purpose to govern how Canada’s Constitution can be formally changed ⓘ
to specify levels of federal and provincial consent required for constitutional amendments ⓘ
relatedConcept division of powers in Canada ⓘ
federalism in Canada ⓘ
replaced British parliamentary authority to amend the British North America Acts ⓘ
requires participation of Parliament of Canada ⓘ
participation of provincial legislatures ⓘ
section41Covers changes to the amending formula itself ⓘ
composition of the Supreme Court of Canada ⓘ
office of the Queen, the Governor General and the Lieutenant Governors ⓘ
the right of a province to a number of members in the House of Commons not less than the number of Senators representing the province ⓘ
use of the English or the French language in Canada subject to section 43 ⓘ
section42Covers matters subject to the general procedure including the principle of proportionate representation in the House of Commons ⓘ
number of Senators and their residence qualifications ⓘ
powers of the Senate and method of selecting Senators ⓘ
section43Covers amendments in relation to one or more but not all provinces ⓘ
section44Covers amendments by Parliament in relation to the executive government of Canada or the Senate and House of Commons ⓘ
section45Covers amendments by provincial legislatures in relation to the constitution of the province ⓘ
subjectTo constitutional conventions ⓘ
unanimityProcedureThreshold approval by the Senate and House of Commons and all provincial legislative assemblies ⓘ

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Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Constitution Act, 1982 → contains → Constitutional amending formula ⓘ
Constitutional amending formula → alsoKnownAs → amending formula ⓘ
linked to: Constitutional amending formula
Canadian system of constitutional monarchy → amendmentProcedure → Constitutional amending formula in Constitution Act, 1982 ⓘ
linked to: Constitutional amending formula