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  1. Constitutions
  2. Canada
  3. (1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):

🇨🇦 CanadaConstitution

Constitution Act, 1982 / Loi constitutionnelle de 1982

(1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):

Jurisdiction
Canada
Provision
42
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
(1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1): (a) the principle of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada; (b) the powers of the Senate and the method of selecting Senators; (c) the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators; (d) subject to paragraph 41(d), the Supreme Court of Canada; (e) the extension of existing provinces into the territories; and (f) notwithstanding any other law or practice, the establishment of new provinces. Marginal note: Exception (2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1). Marginal note: Amendment of provisions relating to some but not all provinces

Source record

Source and verification

Constitution Act, 1982 / Loi constitutionnelle de 1982 · laws-lois.justice.gc.ca · Retrieved 18 August 2026.

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