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Ontario Assembly Bill

Ontario Bill 37

43rd Parl. 1st Sess.
November 15, 2022
Notwithstanding Clause Limitation Act, 2022
  • This Act, called the Notwithstanding Clause Limitation Act, was passed in 2022 in the Province of Ontario. It limits the use of a provision in the Canadian Charter of Rights and Freedoms called the notwithstanding clause. The notwithstanding clause allows the government to override certain rights and freedoms protected by the Charter. However, this Act states that a bill in the Legislative Assembly of Ontario cannot include a declaration using the notwithstanding clause, unless certain conditions are met. These conditions include addressing an urgent and critical situation that endangers the lives, health, or safety of Ontarians, amending a law that has been found to violate the Charter, and only using the notwithstanding clause for the specific provision that has been found to violate the Charter. The Attorney General is required to provide a report justifying the use of the notwithstanding clause and explaining why other alternatives were considered inadequate. Additionally, any bill with a notwithstanding clause declaration must be approved by at least two-thirds of the members of the Legislative Assembly. This Act comes into effect once it receives Royal Assent.
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Context: Assembly - Nov/15/22
Mme Lucille Collard
  • Nov/15/22 11:40:00 a.m.
  • Re: Bill 37 

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.

If 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.

Mr. Burch moved first reading of the following bill:

Bill 38, An Act to establish a framework for the licensing of supportive living accommodation / Projet de loi 38, Loi établissant un cadre pour la délivrance de permis d’exploitation de logements supervisés.
142 words
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  • Rabble!
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