· Bill / Notwithstanding Clause Application · enacted
Bill 9 — Health Professions Act: Application of Notwithstanding Clause
Amends the Health Professions Act to declare that specific sections, regulations, and orders operate notwithstanding the Canadian Charter of Rights and Freedoms, Alberta Bill of Rights, and Alberta Human Rights Act.
What changed
- Adds section 1.95 to the Health Professions Act.
- Declares that sections 1.91, 1.92, and 1.93 of the Health Professions Act shall operate notwithstanding sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms.
- Declares that these sections also operate notwithstanding the Alberta Bill of Rights and the Alberta Human Rights Act.
- Extends this declaration to regulations made under section 1.92(2) and orders made under section 1.93, including Ministerial Order No. 31/2025.
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 specific provisions, regulations, and orders within the Health Professions Act.
- Reduces the ability of individuals (e.g., health professionals) to challenge these specific provisions based on the enumerated rights in the Charter and provincial rights legislation.
- Establishes a precedent for the use of the notwithstanding clause in provincial health professions 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)
Secondary sources (3)
- Secondary sourceNews articleFriends of Medicare statement on Bill 9 notwithstanding clause use
- Secondary sourceNews articleLawNow analysis of Alberta's repeated notwithstanding clause invocations including Bill 9
- Secondary sourceNews articleBill 9 text (Legislative Assembly primary source)