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

This bill, introduced in the Senate, would add a new section (33.1) to the Constitution Act, 1982 that puts strict conditions on when Parliament can use the "notwithstanding clause" (section 33 of the Charter of Rights and Freedoms). It only applies to federal legislation, not to provincial governments, which remain free to use section 33 as before.

Under the new rules, a federal bill that invokes the notwithstanding clause (called an "infringing bill") could only be introduced by a government minister and must start in the House of Commons. Before it can even be introduced, the Supreme Court would have to have already ruled — either through a special reference or in an actual case — that the law or provision in question violates one of the fundamental rights protected in section 2 or sections 7 to 15 of the Charter (things like fundamental freedoms, legal rights, and equality rights). The bill would also need a preamble explaining the reasons for overriding the Charter, and the sponsoring minister would have to table a statement describing the bill's likely effects on rights and explaining why the violation can't be justified under section 1 of the Charter.

The bill also makes it procedurally harder to pass such legislation: the House of Commons could not use time limits (closure) to cut off debate, the bill could not be sent to a Committee of the Whole, and final passage at third reading would require support from two-thirds of all MPs, including members from at least two different recognized political parties (not just one party's majority).

In short, the bill doesn't ban the federal government from ever using the notwithstanding clause, but it adds significant legal, procedural, and political hurdles — a prior Supreme Court ruling, mandatory transparency about Charter impacts, and a two-thirds, multi-party vote — before Parliament could invoke it.

This bill adds a new section 33.1 to the Constitution Act, 1982, setting out procedural conditions federal bills must meet before Parliament can invoke the section 33 notwithstanding clause.

• New requirement for a prior court ruling — an "infringing bill" (one containing a section 33 declaration) may only be introduced if the Supreme Court has already found, through a section 53 reference or otherwise, that the bill or the law it targets infringes rights under section 2 or sections 7 to 15 of the Charter.
• Origin and sponsorship — an infringing bill must originate in the House of Commons and be introduced by a minister, not by a private member or in the Senate.
• Mandatory documents — the bill must include a preamble giving reasons for the declaration, and the sponsoring minister must table a "Charter statement" in the House setting out the bill's potential effects on the listed rights and why the infringement cannot be justified under section 1.
• Procedural restrictions on debate — neither House may use a time allocation motion to limit debate on an infringing bill, and such a bill cannot be sent to a Committee of the Whole in either House.
• Supermajority for passage — third reading in the House of Commons requires support from two-thirds of members and from members of at least two recognized-party groups, overriding the normal simple-majority rule in section 49 of the Constitution Act, 1867.
• Scope and oversight — the section applies only to federal Parliament and government (including Yukon and Northwest Territories matters); the bill sets no sunset clause or separate review mechanism beyond these procedural conditions.