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Constitution Act (British Columbia): Difference between revisions

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Will need a source for this. In other provinces amendments to their own "terms of union"-equivalents have been done unilaterally. --- As a starting point, s.45 gives provinces the power to amend their constitutions as they may any other act. s.41 removes certain matters from this power, such as language rights which it transfers to s.43. This does not mean all changes to the TOU need to go through s.43. --- Without evidence for this distinction, this paragraph is redundant & inaccurate
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Prior to its enactment, the powers and rules of the British Columbia executive and legislature were derived from the ''[[British Columbia Terms of Union]]'', which officially joined British Columbia into Canada. Those terms of union, in turn, continued the government established in the terms of union between the Colony of Vancouver Island with the Colony of British Columbia. The ''British Columbia Terms of Union'' is still part of the Constitution of Canada, and so the ''Constitution Act, 1996'' can not conflict with it.
Prior to its enactment, the powers and rules of the British Columbia executive and legislature were derived from the ''[[British Columbia Terms of Union]]'', which officially joined British Columbia into Canada. Those terms of union, in turn, continued the government established in the terms of union between the Colony of Vancouver Island with the Colony of British Columbia. The ''British Columbia Terms of Union'' is still part of the Constitution of Canada, and so the ''Constitution Act, 1996'' can not conflict with it.

Unlike the [[Constitution of Canada]], the British Columbia Constitution is a regular Act of the legislature and can be amended by a normal [[majority vote]]. However, any changes that would require an amendment to the ''British Columbia Terms of Union'' must be done with the consent of the [[Government of Canada]] under the [[Amendments to the Constitution of Canada|section 43 amending formula]].


==External links==
==External links==

Revision as of 00:41, 13 April 2024

The Constitution Act, R.S.B.C. 1996, chapter 66 is a revised provincial Act by the British Columbia legislature. The Act outlines the powers and rules governing the executive and legislative branches of the provincial government of British Columbia. British Columbia is the only province of Canada to have such an act.

Prior to its enactment, the powers and rules of the British Columbia executive and legislature were derived from the British Columbia Terms of Union, which officially joined British Columbia into Canada. Those terms of union, in turn, continued the government established in the terms of union between the Colony of Vancouver Island with the Colony of British Columbia. The British Columbia Terms of Union is still part of the Constitution of Canada, and so the Constitution Act, 1996 can not conflict with it.