This is a draft prepared by one contributor, published for public discussion. Nothing here is an adopted position of the project or a proposal it endorses. The purpose is to learn where Albertans agree, disagree, and want changes.

Transitional Provisions

Full Text
Summary
Background
Revisions
Discussion

Continuity of Laws and Institutions

All existing Alberta laws, regulations, institutions, and contracts stay in force after the constitution takes effect, unless they clash with it. Where a conflict exists, the constitution wins and the conflicting part is void.

Continuity of Government Officers

Everyone already lawfully holding a government office keeps their position when the constitution comes into force. Offices and agencies created under old law are then reorganized under the new constitution as soon as reasonably possible.

Transitional Judicial Authority

Courts keep operating and applying the new constitution during the transition period, guided by its plain meaning and a preference for liberty and local self-government where the text is unclear. Older court rulings remain persuasive but can be set aside if they conflict with the constitution.

Implementation Measures

The Executive Branch is authorized to take the practical steps needed to put the constitution into effect, such as setting up new agencies or adjusting existing ones. Where specific laws have not yet been passed, the executive can act temporarily to preserve order and good governance, provided those actions stay within the constitution.

Interim Application of Federal Law

Federal laws, programs, and agreements already in effect continue to operate in Alberta after ratification, unless the province later rejects them by legislation or constitutional amendment. The section is a practical continuity measure, not a concession of federal authority.

Ratification and Enactment

The constitution does not take effect unless Albertans approve it in a province-wide referendum held under existing law. The date of approval is recorded in an official public register.
  • Existing Alberta laws and institutions continue in force unless they conflict with the new constitution
  • Officeholders continue in their offices, with reconstitution at the earliest practicable time
  • Transitional judicial authority preserves continuity of proceedings
  • Federal laws and programs continue to apply unless expressly rejected
  • Ratification by province-wide referendum is the effective date

Why this article is proposed

Any constitutional change requires a rulebook for the transition: which existing laws continue, who keeps their office, how courts handle pending cases, and how the new framework comes into force. The article supplies that rulebook.

What it would change

Existing Alberta laws, institutions, contracts, and orders continue in force unless they conflict with the new constitution. Officeholders stay in their offices and their institutions are reconstituted at the earliest practicable time. Courts continue to handle pending cases under an interpretive direction that favours liberty, local self-government, and limited state power in cases of ambiguity. Federal laws and programs continue to apply unless expressly rejected. The Constitution takes effect on ratification by province-wide referendum.

The legal basis

Transitional provisions are a standard feature of constitutional adoption and are within Alberta's authority under Constitution Act, 1982 s.45. The model is Constitution Act, 1867 s.129, which continued the laws, courts, and officers of the pre-Confederation colonies. The article does not displace any federal jurisdiction; federal law applies within Alberta on its own terms.

Open questions

Two questions for Albertans: how to handle existing provincial legislation that may be inconsistent with the new constitution, given the volume of potentially affected statutes and regulations; and what referendum threshold is appropriate for ratification under Section 6, since the article does not specify whether ratification requires a simple majority province-wide or a more demanding measure.

Revision 1 2026-05-20
major

Initial draft of Article XVI from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.

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