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Bill 37, Notwithstanding Clause Limitation Act, 2022

Collard, Lucille

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Status

Debates

Original

Bill 37 Original (PDF)

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.

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 Assembly

without a two-thirds majority of its members.

Bill 37 2022

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) A

bill of the Legislative Assembly shall not include a declaration pursuant to

section 33 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

(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), the 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 before 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 .

Date Bill stage Event Outcome Committee

November 15, 2022

First Reading

Ordered for Second Reading

November 15, 2022

First Reading

Vote

Carried

First Reading

November 15, 2022

Carried

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