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  1. Constitutions
  2. Canada
  3. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

🇨🇦 CanadaConstitution

Constitution Act, 1982 / Loi constitutionnelle de 1982

(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Jurisdiction
Canada
Provision
33
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Marginal note: Operation of exception (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration. Marginal note: Five year limitation (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. Marginal note: Re-enactment (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1). Marginal note: Five year limitation (5) Subsection (3) applies in respect of a re-enactment made under subsection (4). Citation Marginal note: Citation

Source record

Source and verification

Constitution Act, 1982 / Loi constitutionnelle de 1982 · laws-lois.justice.gc.ca · Retrieved 18 August 2026.

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