S-218An Act to amend the Constitution Act, 1982 (notwithstanding clause)
Senate public bill, introduced in the Senate on May 28, 2025
- Status
- At second reading in the Senate since May 28, 2025
- Sponsor
- Peter HarderSenator
- Senator
What it does
Sets conditions for federal laws that use the notwithstanding clause, including a court finding, a minister’s introduction, and a two-thirds Commons vote.
What it does
- Requires any bill with a section 33 declaration to start in the House of Commons and be introduced by a minister.
- Allows such a bill only after the Supreme Court has found, on a reference, that the bill or the law it amends would infringe Charter rights in section 2 or sections 7 to 15.
- Requires the bill to include a preamble stating the reasons for the declaration.
- Requires the minister to table a Charter statement explaining the bill’s effects on those rights and why any infringement cannot be justified under section 1.
- Prohibits motions to limit debate on the bill and stops either House from sending it to a Committee of the Whole.
- Requires third reading in the House of Commons to pass with support from two thirds of MPs and members of at least two groups made up only of MPs from the same recognized party.
Who it affects
- Federal ministers
- Members of Parliament
- Government of Canada
- Supreme Court of Canada
- People affected by section 33 laws
Background
The amendment would apply only to Parliament and the Government of Canada for matters within Parliament’s authority, including matters relating to Yukon and the Northwest Territories.
Where it is
Senate
First reading
Completed.
Second reading
Current stage. Now here
Committee
Not reached.
Third reading
Not reached.
House of Commons
First reading
Not reached.
Second reading
Not reached.
Committee
Not reached.
Report stage
Not reached.
Third reading
Not reached.
Royal assent
Royal assent
Not reached.
Introduced by a senator. If the Senate passes it, it goes to the House of Commons, where an MP must agree to sponsor it. How a bill becomes law
How the House voted
No recorded votes yet
Read the source
LEGISinfo status: At second reading in the Senate. Bill data from LEGISinfo, votes from openparliament.ca and the House of Commons. Last updated October 13, 2026.