New Brunswick Companion Resolution

Constitution Act, 1867

1. (1) Subsection 2(1) of the Constitution Act, 1867, as enacted by section 1 of the Constitution Amendment, 1987, is amended by adding the word "and" at the end of paragraph (b) thereof and by adding thereto the following paragraph:

"(c) the recognition that, within New Brunswick, the English linguistic community and the French linguistic community have the equality of status and equal rights and privileges."

"(2.1) The role of the Parliament and Government of Canada to promote the fundamental characteristic of Canada referred to in paragrph (1)(a) is affirmed."

"(3.1) The role of the legislature and Government of New Brunswick to preserve and promote the equality of status and equal rights and priveleges of the two linguistic communities referrred to in paragraph (1)(c) is affirmed."

3.(1) Subsection 101C(1) of the said Act, as enacted by section 6 of the Constitution Amendment, 1987, is amended by adding thereto, immediately after the word "province" wherever it ocurrs therein, the words "or territory".

(2) Subsection 101C(4) of the said Act, as enacted by section 6 of the Constitution Amendment, 1987, is amended by adding thereto, immediately after the word "province" wherever it ocurrs therein, the words "or territory".

Constitution Act, 1982

4. Section 36 of the Constitution Act, 1982 is amended by adding thereto the following subsection:

"(3) The Senate shall, in 1991 and every five years thereafter, carry out an assessment of the results achieved in relation to the commitments of Parliament, the legislatures, the governemnt of Canada and the provincial governments set out in this section and a report of every such assessment shall be presented to the conference next convened under section 148 of the Constitution Act, 1867 after the assessment is completed."

"(2) An amendment to the Act of the Legislature of New Brunswick entitled An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick, chapter O-1.1 of the Acts of New Brunswick, 1981, may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and the House of Commons and of the Legislative Assembly of New Brunswick."

"43.1 Notwithstanding paragraph 41(i), an amendment to the Constitution of Canada in relation to the establishment of new provinces in the territories may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and the House of Commons."

7. The said Act is further amended by adding thereto, immediately after section 46 thereof, the following section:

"46.1 No measure relating to an amendment to the Constitution of Canada may be adopted by the House of Commons or legislative assembly of a province pursuant to section 38, 41, 43, 43.1 or 46 unless public hearings in relation thereto are first held by the House of Commons or legislative assembly, as the case may be."

9. Subsection 50(2) of the said Act, as enacted by section 13 of the Constitution Amendment, 1987, is amended by adding thereto, immediately after paragraph (a) thereof, the following paragraph:

"(a.1) constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples;"

"(3) The matters referred to in paragraph (2)(b) do not include issues relating to jurisdiction and are not required to be included on the agenda of conferences convened under subsection (1) after the first such conference is convened.

(4) The Prime Minister of Canada shall representatives of the aboriginal peoples of Canada, and elected representatives of the governments of the Yukon Territory and the Northwest Territories, to particiapte in the discussions on the matters referred to i paragraph (2)(a.1) at the conferences convened under subsection (1)."

Constitution Amendment, 1987

10. Section 16 of the Constitution Amendment, 1987 is amended by adding thereto, immediately after the reference to section 27 where it occurs therein, the following: "or 28".

11. This schedule or any provision thereof may, if proclaimed, be cited as the Constitution Amendment, (year of proclamation) (number, if necessary).