p43 s1 bill 37 b037 e.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO CHARLES III, 2022 Bill

An Act respecting the use of the notwithstanding clause Mrs. L. Collard Private Member’s Bill 1st Reading November 15, 2022 2nd Reading 3rd Reading Royal Assent EXPLANATORY NOTE The Bill enacts the Notwithstanding Clause Limitation Act, 2022. The Act would provide that bills cannot invoke the notwithstanding clause in the Canadian Charter of Rights and Freedoms except in certain circumstances.

If the clause is invoked by a minister of the Crown, the Attorney General is required to table a report in the Assembly detailing how its use can be demonstrably justified in a free and democratic society and describing why alternatives to its use were deemed inadequate. Bills invoking the notwithstanding clause shall not be adopted by the Legislative As sembly without a two -thirds majority of its members. Bill

An Act respecting the use of the notwithstanding clause His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Limitation on use of notwithstanding clause 1 (1) A bill of the Legislative Assembly shall not include a declaration pursuant to

section of the Canadian Charter of Rights and Freedoms stating that a provision in an Ontario law operates notwithstanding a provision of the Canadian Charter of Rights and Freedoms, except in accordance with subsection (2). Use permitted in certain circumstances

(2) A bill of the Legislative Assembly may include a declaration described in subsection (1) if, (

a) the bill addresses an urgent and critical situation of a temporary nature that seriously endangers the lives, health or safety of Ontarians; (

b) the bill would amend

an Act containing a provision that has been found by a court to have contravened the Canadian Charter of Rights and Freedoms; and (

c) the declaration would only declare the contravening provision in the amended Act to operate notwithstanding the provisions of the Canadian Charter of Rights and Freedoms that it has been found to contravene. Attorney General’s report Application 2

(1) This

section applies to every bill introduced in the Legislative Assembly by a minister of the Crown that includes a declaration described in subsection 1 (1). Report

(2) For every bill described in subsection (1), t he Attorney General shall cause to be tabled in the Legislative Assembly a report detailing, (

a) how the declaration described in subsection 1 (1) can be demonstrably justified in a free and democratic society; and (

b) what alternatives were considered bef ore the government introduced a bill with this declaration and why they were deemed to be inadequate. Timing

(3) The report described in subsection (2) must be tabled within 30 days after the day the bill was introduced. Adoption requires two-thirds majority A bill containing a declaration described in subsection 1 (1) shall not be adopted by the Legislative Assembly unless it receives the approval of at least two-thirds of members elected to the Legislative Assembly. Commencement This Act comes into force on the day it receives Royal Assent.

Short title The

short title of this Act is the Notwithstanding Clause Limitation Act, 2022 .

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 37 b037 e.pdf
Type	bill
Volume / chapter	p43 s1 bill 37 b037 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	09f9dca6814f8408564cb9e6e2792bd4fb73cce0

Source file is stored in the law ingest library (json).