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2nd Session, 35th Parliament,
45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-341
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An Act to establish the terms and conditions
that must apply to a referendum relating
to the separation of Quebec from Canada
before it may be recognized as a proper
expression of the will of the people of
Quebec
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| Preamble
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Whereas the Parliament of Canada
recognizes that a referendum or plebiscite on
the independence of Quebec, if the question is
ambiguous or unclear, would be contrary to
the interests of Canadians in Quebec and
elsewhere;
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And whereas the Parliament of Canada
recognizes that any attempt on the part of the
government of Quebec to act unilaterally on
the basis of such a referendum or plebiscite
would be an illegal and unilateral attempt to
amend the Constitution of Canada and a threat
to the peace, order and good government of
Canada;
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Now, therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as the Quebec
Contingency Act (referendum conditions).
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| Prohibited
questions
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2. The Government of Canada shall not
recognize any referendum or plebiscite
carried out under the authority of the
government or legislature of Quebec on the
question of the separation of Quebec from
Canada if the question is ambiguous or
unclear or implies that the government or
legislature of Quebec would or might be
empowered by an affirmative vote in the
referendum or plebiscite to unilaterally amend
the Constitution of Canada relative to the
position of Quebec in Canada.
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Determina-
tion of
violation
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3. (1) For the purposes of section 2, a
question is deemed to be ambiguous or
unclear or imply that the government or
legislature of Quebec would or might be
empowered by an affirmative vote in the
referendum or plebiscite to unilaterally amend
any part of the Constitution of Canada relative
to the position of Quebec in Canada if the
Governor in Council issues an order to that
effect.
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| Reference to
House of
Commons
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(2) The Governor in Council may seek the
opinion of the House of Commons prior to
issuing an order pursuant to subsection (1) by
authorizing a Minister of the Crown to move
a motion in the House that proposes that the
question to be put in the referendum does or
does not infringe one or both of the conditions
mentioned in section 2.
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| Time for
debate
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(3) The House may allow such time as it
may determine on a motion of the Minister of
the Crown for the debate on the motion, but
the Speaker may extend the time so set if it
appears to the Speaker that further time is
advisable.
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| Consequences
of declaration
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4. If the Governor in Council issues an order
under subsection 3(1),
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(a) the Minister of Foreign Affairs shall
advise the representative in Canada of
every State with which Canada has
diplomatic relations that Canada does not
recognize the referendum or plebiscite as
valid;
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(b) the Minister of Intergovernmental
Affairs shall inform the Government of
Quebec that Canada does not recognize the
referendum or plebiscite as valid; and
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(c) the Governor in Council may prohibit
the participation of any minister of the
Crown in the public debate on the
referendum or plebiscite, and the
expenditure of any public funds of Canada
with respect to the referendum or plebiscite,
if it is of the opinion that the participation
or expenditure would give the impression
that the Government of Canada considers
that the referendum or plebiscite would be
a legitimate expression of the will of the
people of Quebec.
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| Parallel
referendum
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5. (1) If the Governor in Council issues an
order under subsection 3(1), the Governor in
Council shall order the Chief Electoral Officer
to issue a writ of referendum for a referendum
to be held, in Quebec, under the provisions of
the Referendum Act, on the same day as the
referendum or plebiscite is held by the
government of Quebec.
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| Questions
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(2) The ballot at the referendum held under
subsection (1) shall bear the following two
questions:
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(a) should Quebec separate from Canada
and become an independent country with
no special legal ties to Canada - YES or
NO?
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(b) if Quebec separates from Canada,
should my community separate from
Quebec and remain a part of
Canada - YES or NO?
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| Affirmative
vote in valid
referendum
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6. Subject to section 7, if a majority of the
ballots cast in a referendum or plebiscite
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(a) held by the government of Quebec on
the question of Quebec separation that has
not been the subject of an order under
subsection 3(1), or
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(b) held by the Government of Canada
under section 5
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are cast in the affirmative, the Government is
authorized to enter into discussions with the
government of Quebec to conclude an
agreement on the terms on which Quebec
might separate from Canada.
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| Limitations
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7. In any discussions under section 6, the
Government of Canada must
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(a) consult with the provinces to seek the
consent of each province to the terms;
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(b) obtain the consent of any province to
any matter that requires an amendment to
the Constitution of Canada to which the
province must consent;
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(c) require the inclusion of a provision that
the agreement will not become effective
until it is approved by a majority of voters
who reside outside Quebec, decided by a
vote in a referendum under the Referendum
Act; and
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(d) permit the inclusion of a provision
allowing for the government of Quebec to
seek the approval of voters who reside in
Quebec, decided by vote in a referendum or
plebiscite under Quebec law.
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| Unilateral
declaration of
independence
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8. A unilateral declaration of independence
by the government of Quebec or the
legislature of Quebec, or the refusal of either
to submit to any Canadian law that applies in
Quebec, is unlawful and of no force and effect
with respect to the Constitution of Canada and
the general laws of Canada and does not affect
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(a) the jurisdiction of Parliament to pass
laws that have effect in Quebec;
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(b) the ability of the Government of Canada
to govern Quebec as a province of Canada;
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(c) the jurisdiction of the courts to apply the
law of Canada in Quebec; or
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(d) the continuance of Quebec as a part of
Canada under Canadian law.
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| Coming into
force
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9. This Act comes into force on a day to be
fixed by order of the Governor in Council.
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