General procedure for amending Constitution of Canada
38. (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
(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.
Primacy of Constitution of Canada
52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is
inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no
force or effect.
Constitution of Canada
(2) The Constitution of Canada includes
(a) the Canada Act 1982, including this Act;
(b) the Acts and orders referred to in the schedule; and
(c) any amendment to any Act or order referred to in paragraph (a) or (b).
Legislative Authority of Parliament of Canada
91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and
House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in
relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively
to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the
Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding
anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to
all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1. Repealed. (44)
1A. The Public Debt and Property. (45)
2. The Regulation of Trade and Commerce.
2A. Unemployment insurance. (46)
3. The raising of Money by any Mode or System of Taxation.
4. The borrowing of Money on the Public Credit.
5. Postal Service.
6. The Census and Statistics.
7. Militia, Military and Naval Service, and Defence.
8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers
of the Government of Canada.
9. Beacons, Buoys, Lighthouses, and Sable Island.
10. Navigation and Shipping.
11. Quarantine and the Establishment and Maintenance of Marine Hospitals.
12. Sea Coast and Inland Fisheries.
13. Ferries between a Province and any British or Foreign Country or between Two
14. Currency and Coinage.
15. Banking, Incorporation of Banks, and the Issue of Paper Money.
16. Savings Banks. 17. Weights and Measures.
18. Bills of Exchange and Promissory Notes.
20. Legal Tender.
21. Bankruptcy and Insolvency.
22. Patents of Invention and Discovery.
24. Indians, and Lands reserved for the Indians.
25. Naturalization and Aliens.
26. Marriage and Divorce.
27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction,