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FederalBill S-218Second Reading

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

Sponsor: Sen. Peter HarderIntroduced May 28, 2025Last checked August 28, 2026
Read the official text on parl.caOfficial version — LEGISinfo, Parliament of Canada

What this bill does

This bill amends the Constitution Act, 1982 to impose strict new conditions on the federal Parliament's use of the notwithstanding clause (section 33), including requiring a prior Supreme Court ruling, a supermajority vote, a preamble with reasons, a Charter impact statement, and prohibiting time allocation on such bills.

Plain-language summary by Legisail.

Business impact

This bill primarily affects the constitutional and legislative process at the federal level rather than targeting specific industries or businesses directly. However, it indirectly impacts all Canadian businesses by making it significantly harder for the federal government to override Charter rights through the notwithstanding clause — meaning businesses that rely on Charter protections (such as freedom of expression for media companies, or legal rights for regulated industries) would have stronger assurance those protections cannot be easily overridden. The practical day-to-day impact on most businesses is minimal, as the notwithstanding clause has rarely been invoked federally, but the bill provides a higher constitutional threshold that could matter in future policy disputes affecting business operations.

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Where this bill is

First ReadingMay 28, 2025
Second ReadingApril 3, 2026
Next: Committee review

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At a glance

Bill number
S-218
Type
Senate Public Bill
Current chamber
Senate
Jurisdiction
Federal
Session
45-1
Official record