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Bill 49, Charter Rights Transparency Act, 2018

Des Rosiers, Nathalie

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Status

Debates

Acts affected

Original

Bill 49 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Ministry of the Attorney General Act

to require the Attorney General to examine specified government bills and

regulations for the purpose of ascertaining whether any provisions of the

instruments are more likely than not to be found by a court to be inconsistent

with the purposes and provisions of the Canadian Charter

of Rights and Freedoms . The Attorney General is required to report any

such inconsistency to the Legislature.

The

Bill also imposes additional obligations on the Attorney General in connection

with bills introduced in the Legislature by a minister of the Crown. The

Attorney General is required to cause to be tabled in the Legislature a

statement that sets out the potential effects the Bill on the rights and

freedoms that are guaranteed by the Canadian Charter of

Rights and Freedoms .

Bill 49 2018

Act to amend the Ministry of the Attorney General Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Ministry of the Attorney General Act is amended

by adding the following sections:

Examination

of bills and regulations

5.1

(1) The Attorney

General shall examine the following instruments for the purpose of ascertaining

whether any provisions of the instruments are more likely than not to be found

by a court to be inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms :

1. Every

regulation filed with the Registrar of Regulations appointed under

section 31

of the Legislation Act, 2006 .

2. Every

bill introduced in the Legislature by a minister of the Crown.

notwithstanding clause is invoked

(2) If

a declaration has been included in a bill under

section 33 of the Canadian Charter of Rights and Freedoms , the Attorney

General shall ensure that the examination of the bill under this

section

includes an ascertainment of whether, in the absence of the declaration, any

provision of the bill would be more likely than not to be found by a court to

be inconsistent with the purposes and provisions of the Canadian

Charter of Rights and Freedoms .

Report

to Legislature

(3) If

the Attorney General ascertains that any provision of a regulation or bill is more

likely than not to be found by a court to be inconsistent with the purposes and

provisions of the Canadian Charter of Rights and Freedoms ,

the Attorney General shall cause to be tabled in the Legislature, at the

earliest reasonable opportunity, a report explaining the nature of the

inconsistency.

Application

(4) This

section applies in respect of bills introduced and regulations filed on or

after the first day of the session of the Legislature in which the Charter Rights Transparency Act, 2018 receives Royal

Assent.

Charter

statement

5.2

(1) The Attorney

General shall, for every bill introduced in the Legislature by a minister of

the Crown, cause to be tabled in the Legislature a statement that sets out

potential effects of the Bill on the rights and freedoms that are guaranteed by

the Canadian Charter of Rights and Freedoms , which

statement must include an explanation of how those potential effects may arise.

Purpose

(2) The

purpose of the statement is to inform members of the Legislature as well as the

public of those potential effects.

Timing

(3) Subject

to subsection (4), the Attorney General shall cause the statement for a bill to

be tabled before any debate on second reading of the bill and no such debate

shall commence until the statement has been tabled.

Same

(4) If

debate on second reading of the bill has commenced or has been completed on the

day the Charter Rights Transparency Act, 2018

receives Royal Assent, the Attorney General shall cause the statement for the

bill to be tabled at the earliest reasonable opportunity.

Application

(5) This

section applies in respect of any bill introduced on or after the first day of

the session of the Legislature in which the Charter Rights

Transparency Act, 2018 receives Royal Assent.

Clarification

(6) For

greater certainty, the inclusion in a bill of a declaration under

section 33 of

the Canadian Charter of Rights and Freedoms does

not affect the application of this section.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Charter Rights

Transparency Act, 2018 .

Date Bill stage Event Outcome Committee

November 22, 2018

Second Reading

Vote

Lost on division

November 22, 2018

Second Reading

Debated

October 29, 2018

First Reading

Vote

Carried

Debates and Progress

First Reading

October 29, 2018

Committee

Second Reading

November 22, 2018

Mme Nathalie Des Rosiers, Mr. Ross Romano, Mr. Gilles Bisson, Ms. Lindsey Park, Ms. Sara Singh

November 22, 2018

November 22, 2018

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 49

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Ministry of the Attorney General Act

Legislative Assembly of Ontario

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