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Rules for notwithstanding clause

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

Sets conditions Parliament must meet before using the notwithstanding clause to override parts of the Charter.

What Bill S-218 would do

The bill would amend the Constitution Act, 1982 to establish conditions that Parliament must satisfy in order to pass laws that invoke section 33, known as the notwithstanding clause. The published material gives no further detail.

Official text

Official summary

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. Available on the Senate of Canada website at the following address: www.sencanada.ca/en 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: 30 & 31 Elizabeth II, c. 11 (U.‍K.‍)

The government's summary, printed at the front of the bill as introduced.

Kind
Senator's bill
Sponsor
Peter Harder, Senator
Introduced
in the Senate
Last activity

Where it stands

  1. ProposedMay 28, 2025
  2. Being debatedsince May 28, 2025 Exact stageAt second reading in the Senate · since May 28, 2025MPs or senators are debating it in the chamber where it started.
  3. Almost law
  4. Law

First debate in the Senate: 9 days so far

  1. First reading in the Senate done

    Before the Senate on 1 sitting day,

  2. Second reading in the Senate now

    Before the Senate on 9 sitting days, to

  3. Third reading in the Senate not yet

  4. First reading in the House not yet

  5. Second reading in the House not yet

  6. Committee in the House not yet

  7. Report stage in the House not yet

  8. Third reading in the House not yet

  9. Royal assent not yet

Exact procedural stages

Officially: At second reading in the Senate · since May 28, 2025.

  1. Senate
  2. House
  3. Royal assent

Debates in the House 0

No debate on this bill is in the record we hold yet (Senate debates are not covered).

Discussion

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Status, stages and votes from LEGISinfo. Debates are linked from the House's own record of what was before it. Grades are the site's analysis of each statement.