· Bill / Notwithstanding Clause Application · enacted
Bill 9 — Fairness and Safety in Sport Act: Application of Notwithstanding Clause
Amends the Fairness and Safety in Sport Act to declare that the Act and its regulations operate notwithstanding the Canadian Charter of Rights and Freedoms, Alberta Bill of Rights, and Alberta Human Rights Act.
What changed
- Adds section 7.1 to the Fairness and Safety in Sport Act.
- Declares that the Fairness and Safety in Sport Act shall operate notwithstanding sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms.
- Declares that the Act also operates notwithstanding the Alberta Bill of Rights and the Alberta Human Rights Act.
- Extends this declaration to regulations made under the Act, including the Fairness and Safety in Sport Regulation (AR 124/2025).
Why it matters
- Limits the application of fundamental rights and freedoms, including freedom of conscience, religion, thought, belief, opinion, expression, association, and legal rights, to the entire Fairness and Safety in Sport Act and its regulations.
- Reduces the ability of individuals to challenge provisions related to fairness and safety in sport based on the enumerated rights in the Charter and provincial rights legislation.
- Establishes a precedent for the use of the notwithstanding clause in provincial sport legislation.
Rights affected
- Freedom of expression — The freedom to speak, publish, and access ideas.
Other governance concerns
- Freedom of expression
- Freedom of association
- Legal rights
- Equality rights
- Religious freedom
Primary sources (1)
- Primary sourceGovernment documentBill 9 – Protecting Alberta's Children Statutes Amendment Act, 2025 (Alberta Legislative Assembly)