Bill C-537

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-537

An Act to ensure legislative compliance with the Canadian Bill of Rights and the Constitution Acts, 1867 to 1982, including the Canadian Charter of Rights and Freedoms

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Constitutional Compliance Review Act.

APPLICATION

2. (1) Subject to subsection (2), this Act applies in respect of all bills introduced in the Senate or the House of Commons.

(2) The following bills are exempt from the application of this Act:

(a) bills made under section 44 of the Constitution Act, 1982 to amend the Constitution of Canada;

(b) bills to amend electoral boundaries as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act or bills to amend such a representation order to change the name of an electoral district in the order; and

(c) appropriation bills.

EXAMINATION OF BILLS

3. Every bill introduced in the Senate or the House of Commons must, within the period set out in section 4, be examined by the Law Clerk and Parliamentary Counsel of the House in which it is introduced, with the assistance of the Library of Parliament as required, in order to determine whether any of the provisions of the bill is likely to be inconsistent with the purposes and provisions of the Canadian Bill of Rights or the Constitution Acts, 1867 to 1982, including the Canadian Charter of Rights and Freedoms.

4. The examination referred to in section 3 must be completed,

(a) in the case of Government Bills introduced in the Senate or the House of Commons, within 20 sitting days after the day on which a bill is introduced; and

(b) in the case of Senators' Bills introduced in the Senate or Private Members' Bills introduced in the House of Commons, within 45 sitting days after the day on which a bill is introduced and no later than 10 sitting days after the bill is placed in the Order of Precedence for Private Members' Bills.

5. For the purposes of the examination referred to in section 3, a provision of a bill is likely to be inconsistent with any of the purposes and provisions of the statutes referred to in that section if it is the opinion of the Law Clerk and Parliamentary Counsel of the relevant House that, if that provision were to be challenged in court, it would, on the balance of probabilities, be found to infringe, limit or violate the purposes or provisions of any of those statutes.

REPORT OF EXAMINATION

6. (1) The Law Clerk and Parliamentary Counsel who reviewed the bill must, without delay, notify the Clerk of the relevant House that the bill has been examined under section 3, indicating the number and title of the bill, and whether a report will be submitted under subsection (2).

(2) If it is determined that any of the provisions of a bill examined in accordance with section 3 is likely to be inconsistent with the purposes and provisions of the statutes referred to in that section, the Law Clerk and Parliamentary Counsel who reviewed the bill must submit a report, in both official languages, to the Speaker of the Senate or the Speaker of the House of Commons, as the case may be, identifying the provisions of the bill that are likely to be inconsistent with the relevant statute and providing a brief summary of the reasons for the determination.

7. The Speaker of the Senate or the Speaker of the House of Commons, as the case may be, must lay every report submitted in accordance with section 6 before the Senate or the House of Commons forthwith after receiving it or, if that House is not then sitting, on any of the first 15 days on which that House is sitting after the Speaker receives it.