Preamble
The Declaration of Sovereignty will be drafted on the basis of the suggestions
made during the information and participation process to be held on the
draft bill.
It will set forth the fundamental values and main objectives the Quebec
nation wishes to make its own once it has acquired the exclusive power to
make all laws, collect all its taxes and conclude its treaties.
The Parliament of Quebec enacts as follows:
Sovereignty
1. Quebec is a sovereign country.
Economic Association
2. The government is authorized to conclude, with the Government of Canada,
an agreement the purpose of which is to maintain an economic association
between Quebec and Canada. Such an agreement must be approved by the National
Assembly before being ratified.
New Constitution
3. The Government shall, in accordance with the procedure determined by
the National Assembly, see the drafting of a constitution for Quebec and
to its adoption.
The constitution shall include a charter of human rights and freedoms. It
shall guarantee the English-speaking community that its identity and institutions
will be preserved. It shall also recognize the right of Aboriginal nations
to self-government on lands over which the have full ownership. Such guarantees
and such recognition shall be exercized in a manner consistent with the
territorial integrity of Quebec.
The constitution will provide for the decentralization of specific powers
to local and regional authorities together with sufficient fiscal and financial
resources for their exercise.
Territory
4. Quebec shall retain the boundaries it has with the Canadian Confederation
at the time section 1 comes into force. It shall exercise its jurisdiction
over the maritime areas and the territories adjoining its coastline in accordance
with the terms and conditions provided in the rules of international law.
Citizenship
5. Every person who holds Canadian citizenship and is domiciled in Quebec
at the time section 1 comes into force is a Quebec citizen.
Every person who, after the coming into force of section 1, is born in Quebec
or is born outside Quebec to a father or mother holding Quebec citizenship
is also a Quebec citizen.
Quebec citizenship may also be acquired in the manner determined by the
National Assembly.
Quebec citizenship may be held concurrently with citizenship of Canada or
of any other country.
Currency
6. The legal currency of Quebec shall continue too be the Canadian dollar.
Treaties
7. Quebec shall assume the obligations and enjoy the rights arising out
of the treaties to which Canada is a party and the international conventions
to which Canada is a signatory, in accordance with the rules of international
law.
International Alliances
8. The government is authorized to apply for the admission of Quebec as
a member of the United Nations Organization and other international bodies.
9. Quebec shall take the necessary steps to remain a member particularly
of the Commonwealth, the French-speaking community, the North Atlantic Treaty
Organization, the North American Aerospace Defence Command, the North American
Free Trade Agreement and the General Agreement on Tariffs and Trade.
Continuity of Law
10. Laws passed by the Parliament of Canada that apply in Quebec at the
time section 1 comes into force, and the regulations under such law, shall
remain in force until amended or repealed by the National Assembly.
11. Pensions and supplements payable to the elderly shall continue
to be paid by the Government according to the same terms and conditions.
Permits,licences and authorizations that have been issued shall remain in
force until their expiry.
12. The courts of civil or criminal jurisdiction shall continue to
exist: the judges presiding over them shall continue in their appointment
and retain their authority. Cases pending may be continued until judgment.
The Court of Appeal of Quebec shall become the court of highest jurisdiction
until a Supreme Court is established under the new constitution provided
for under section 3.
The judges of the Federal Court and of the Supreme Court of Canada who were
members of the Quebec Bar shall become. if they so wish, judges of the Superior
Court and of the Court of Appeal of Quebec, respectively.
13. The Government may, in keeping with the procedure provided by
law,.appoint all persons required and take all steps necessary to facilitate
the application of the Canadian laws that continue to apply in Quebec, pursuant
to section 10. The sums required for the application of those laws shall
be taken out of the consolidated revenue fund.
In making appointments under this section, the Government shall give priority
to the public servants and other employees of the Government of Canada or
of an agency or body thereof, who resides in Quebec.
14. Until the coming into force of the new constitution provided
for in section 3, the laws, rules and conventions which govern the internal
constitution of Quebec and access to English-language schools shall remain
in force.
Apportionment of the Property and Debts
15. The government may conclude, with the Government of Canada, any agreement
relating to the apportionment of the property and debts of Canada, and to
any other matters susceptible of facilitating the application of this Act.
Coming into force
16. This Act comes into force one year after its approval by referendum,
unless the National Assembly fixes an earlier date.
However, sections 2, 3 and 15 come into force on the day this Act is approved
by referendum.
17. This Act shall be submitted to a referendum.
This Act may come into force unless a majority of votes cast by the electors
in a referendum held in accordance with the Referendum Act on the following
question are cast in the affirmative:"Are you in favour of the Act
passed by the National Assembly declaring the sovereignty of Quebec? YES
or NO"