First Session, Forty-fifth Parliament, 3 Charles III, 2025

SENATE OF CANADA

BILL S-218 An Act to amend the Constitution Act, 1982 (notwithstanding clause)

FIRST READING, May 28, 2025

This enactment amends the Constitution Act, 1982 to provide for conditions that must be met in order for Parliament to enact legislation that invokes section 33 of that Act.

1st Session, 45th Parliament, 3 Charles III, 2025

SENATE OF CANADA

BILL S-218

An Act to amend the Constitution Act, 1982 (notwithstanding clause)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Application

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33.‍1 (1) Despite section 32, this section applies only to the Parliament and government of Canada in respect of all matters within the authority of Parliament, including all matters relating to the Yukon Territory and the Northwest Territories.

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Interpretation

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(2) For the purposes of this section,

declaration means a declaration made under section 33 that any Act or provision of that Act shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter; (déclaration)

infringing bill means any bill that contains a declaration. (projet de loi attentatoire)

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Introduction

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(3) An infringing bill must

• (a) originate in the House of Commons; and

• (b) be introduced by a minister.

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Prior ruling

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(4) An infringing bill may only be introduced if

• (a) the Supreme Court has found, pursuant to a reference under section 53 of the Supreme Court Act, that the bill or a provision of the bill would, if it were to come into force, infringe a right or freedom included in section 2 or sections 7 to 15; or

• (b) the bill includes a declaration relating to an Act or a provision of that Act and the Supreme Court has found that the Act or provision infringes a right or freedom included in section 2 or sections 7 to 15.

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Preamble

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(5) An infringing bill must contain a preamble that contains reasons for the declaration.

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Charter statement

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(6) The minister who introduces an infringing bill must cause to be tabled in the House of Commons a statement that sets out the potential effects of the bill on the rights and freedoms described in section 2 or sections 7 to 15 and the reasons why any infringement of those sections cannot be justified under section 1.

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Time allocation

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(7) Neither House of Parliament may adopt a motion to limit the amount of time that an infringing bill may be considered in that House.

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No Committee of the Whole

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(8) An infringing bill may not be considered by a Committee of the Whole in either House of Parliament.

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Supermajority

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(9) Despite section 49 of the Constitution Act, 1867, any motion to read an infringing bill in the House of Commons for a third time may only be adopted with the support of

• (a) two-thirds of the membership of that House; and

• (b) members of at least two groups composed solely of members who are members of the same recognized party.

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Clause 1: New.