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Purpose and scope

• Bill S-218 would add conditions to the use of the notwithstanding clause, section 33 of the Constitution Act, 1982, by Parliament.
• The new conditions would apply only to the Parliament and government of Canada, including federal matters relating to Yukon and the Northwest Territories. They would not apply to provincial legislatures.
• The bill defines an “infringing bill” as one containing a section 33 declaration concerning Charter section 2 or sections 7 to 15.

Proposed conditions

• Introduction: An infringing bill would have to originate in the House of Commons and be introduced by a minister.
• Prior Supreme Court ruling: Before introduction, the Supreme Court would have to have found either that the proposed bill or a provision of it would infringe a relevant Charter right, following a reference under the Supreme Court Act, or that an existing Act or provision addressed by the declaration infringes such a right.
• Reasons and statement: The bill would need a preamble explaining the declaration. The minister would also have to table a statement in the Commons describing the bill’s potential effects on the relevant rights and why any infringement cannot be justified under Charter section 1.
• Parliamentary procedure: Neither House could adopt a motion limiting consideration time, and neither could consider the bill in a Committee of the Whole.
• Commons vote: Third reading in the Commons would require support from two-thirds of its membership and from members of at least two groups each composed solely of members of the same recognized party.

Status

• The bill was at first reading on May 28, 2025. The supplied text specifies no costs or implementation deadline.