Amendments To The Constitution of Canada - Amendment Formula

Amendment Formula

Since the patriation of the Constitution in 1982, a more complete amending formula has been adopted in the Constitution Act, 1982, in sections 38 to 49.

Most kinds of amendment can be passed only if identical resolutions are adopted by the House of Commons, the Senate, and a two-thirds majority of the provincial legislative assemblies representing at least 50% of the national population. This formula, which is outlined in section 38 of the Constitution Act, 1982, is sometimes referred to as the "general amendment procedure" and is known more colloquially as the "7+50 formula."

If a constitutional amendment only affects one province, however, only the assent of Parliament and of that province's legislature is required. Seven of the ten amendments passed so far have been of this nature, with four passed by and for Newfoundland and Labrador, one passed for New Brunswick, one for Prince Edward Island, and one for Quebec. This formula is contained in section 43 of the Constitution Act, 1982.

There are some parts of the Constitution that can only be modified by a unanimous vote of all the provinces plus the two Houses of Parliament, however. These include changes to the composition of the Supreme Court of Canada, changing the process for amending the constitution itself, or any act affecting the Offices of the Canadian monarch or governor general. This formula is contained in section 41 of the Constitution Act, 1982, and is known as the "unanimity formula."

Though not constitutionally mandated, a popular referendum in every province is also considered to be constitutional convention, especially following the precedent established by the Charlottetown Accord (see below).