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Alberta Sovereignty within a United Canada Act

The act allows Alberta to fight harmful federal laws and defend the constitutional federal-provincial division of powers.

Overview

The Alberta Sovereignty within a United Canada Act defends Alberta’s interests by giving our province a legal framework to push back on federal laws or policies that negatively impact the province.

The act is used to address federal legislation and policies that are unconstitutional, violate Albertans’ charter rights or that affect or interfere with our provincial constitutional rights.

The act gives Alberta a democratic legislative framework for defending the federal-provincial division of powers while respecting Canada's Constitution and the courts.

What the act does

The Alberta Sovereignty within a United Canada Act is used when Alberta’s legislative assembly debates and passes a motion that identifies a specific federal program or piece of legislation as unconstitutional or causing harm to Albertans.

How the act will be used

  • Motion for resolution

    Any minister introduces a motion for a resolution to use the act. The motion identifies a federal initiative deemed unconstitutional or interfering with provincial jurisdiction or Albertans’ charter rights, and proposes measures cabinet should take in response.

    Stage 1
  • Debate and vote

    MLAs debate the resolution and then vote for or against it. If a majority of MLAs vote in favour of the motion, the resolution is passed.

    Stage 2
  • Legal review

    Cabinet reviews all proposed actions in the resolution to ensure they are constitutional and legal.

    Stage 3
  • Preparation of legislation

    If the resolution contains recommendations to amend existing legislation or enact new legislation, the appropriate minister will prepare legislation for introduction into the assembly.

    Stage 4
  • Cabinet direction

    Cabinet may instruct provincial entities to take certain steps in accordance with the recommendations made in the resolution.

    Stage 5
  • Orders and regulations

    Cabinet can also amend regulations, pass orders-in-council, or direct a ministerial order be made in accordance with the resolution.

    Stage 6

*This process timeline is for illustrative purposes only.

Government will ensure all constitutional and legal requirements are met before steps are taken to respond. Government will respect court decisions if a response is challenged successfully in court.

What the act does not do

The Alberta Sovereignty within a United Canada Act does not allow:

  • Alberta to defy Canada’s Constitution
  • Alberta to separate from Canada
  • cabinet to issue unconstitutional orders-in-council, including giving instructions that are outside of provincial jurisdiction to provincial entities
  • cabinet to give instructions to private individuals or corporations that aren’t provincial entities, to violate federal law

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