PROCLAMATION OF REFERENDUM
Marginal note:Proclamation of referendum
3. (1) Where the Governor in Council considers that it is in the public interest to obtain by means of a referendum the opinion of electors on any question relating to the Constitution of Canada, the Governor in Council may, by proclamation, direct that the opinion of electors be obtained by putting the question to the electors of Canada or of one or more provinces specified in the proclamation at a referendum called for that purpose.
Marginal note:More than one question
(2) A proclamation may direct that more than one question be put to electors.
Marginal note:Wording of question
(3) A referendum question shall be so worded that each elector may express an opinion on the question by making a cross or other mark after the word “yes” or “no” on the ballot paper.
Marginal note:Form of ballot paper
(4) The Chief Electoral Officer shall, for the purpose of a referendum, modify the form of the ballot paper used at a general election in such manner as, in the Chief Electoral Officer’s opinion, will best achieve that purpose.
(5) The Chief Electoral Officer shall ensure that the text of a referendum question is available in such aboriginal languages and in such places in those languages, as the Chief Electoral Officer, after consultation with representatives of aboriginal groups, may determine.
4. No proclamation may be issued
(a) when the House of Commons stands dissolved; or
(b) before, or more than forty-five days after, the text of the referendum question has been approved under section 5.
Marginal note:Motion for approval of referendum question
5. (1) Subject to subsections (2) and (4), a member of the Queen’s Privy Council for Canada referred to in section 4.1 of the Salaries Act may, in accordance with the procedures of the House of Commons, give notice of a motion for the approval of the text of a referendum question.
(2) The Leader of the Opposition and the leader of each political party having a recognized membership of twelve or more persons in the House of Commons shall be provided with, and be consulted about, the proposed text of a referendum question at least three days before notice of the motion for approval of the text is given.
Marginal note:Extended hours
(3) On the filing of a request with the Speaker of the House of Commons by any fifteen members of the House after consultation under subsection (2) has commenced, the House shall sit beyond the normal hour of adjournment on each day on which the House is considering the motion until no further member rises in debate, but in any event, not later than midnight.
Marginal note:Consideration of motion
(4) The motion shall be moved and considered by the House of Commons on the next sitting day of the House following the day on which notice of the motion was given.
(5) On the expiration of the third sitting day of the House of Commons on which the motion is considered, or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
Marginal note:Motion for concurrence
(6) If the motion is adopted by the House of Commons, with or without amendment, a message shall be sent from that House informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate.
Marginal note:Consideration of motion
(7) A motion that is the subject of a request for concurrence shall be dealt with by the Senate in accordance with subsections (4) and (5).
Marginal note:Concurrence in amendments
(8) If the motion is amended by the Senate, the motion in the House of Commons to concur in the amendment shall be moved and disposed of on the next sitting day of the House following the day on which the message of the amendment was received by the House, and any further amendment by the House shall be similarly dealt with in the Senate.
- 1992, c. 30, s. 5;
- 2005, c. 16, s. 15.
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