Bill 9, the Protecting Alberta’s Children Statutes Amendment Act, will amend the Health Statutes Amendment Act, 2024, the Education Amendment Act, 2024, and the Fairness and Safety in Sport Act to ensure the critically important protections mandated by these three critical pieces of legislation can be implemented without further court delay or uncertainty.
“Children deserve the opportunity to grow into adulthood before making life-altering decisions about their gender and fertility. By invoking the notwithstanding clause, we’re ensuring that laws safeguarding children’s health, education and safety cannot be undone – and that parents are fully involved in the major decisions affecting their children’s lives. That is what Albertans expect, and that is what this government will unapologetically defend.”
“These laws reflect an overwhelming majority of Albertans, and it is our responsibility to ensure that they will not be overturned or further delayed by activists in the courts. The notwithstanding clause reinforces democratic accountability by keeping decisions in the hands of those elected by Albertans. By invoking it, we are providing certainty that these protections will remain in place and that families can move forward with clarity and confidence.”
The notwithstanding clause will apply to the following pieces of legislation:
- Bill 26, the Health Statutes Amendment Act, 2024, prohibits both gender reassignment surgery for children under 18 and the provision of puberty blockers and hormone treatments for the purpose of gender reassignment to children under 16.
- Bill 27, the Education Amendment Act, 2024, requires schools to obtain parental consent when a student under 16 years of age wishes to change his or her name or pronouns for reasons related to the student’s gender identity, and requires parental opt-in consent to teaching on gender identity, sexual orientation or human sexuality.
- Bill 29, the Fairness and Safety in Sport Act, requires the governing bodies of amateur competitive sports in Alberta to implement policies that limit participation in women’s and girls’ sports to those who were born female.
“Common sense things like allowing healthy young bodies to mature without interference, recognizing parents’ responsibility for their own children, and ensuring safety and fairness for female athletes should be affirmed without delay. Usage of the notwithstanding clause to achieve this purpose shows a serious commitment by the Government of Alberta to societal resilience.”
“When doctors ignore the medical evidence, it is time for the government to intervene. The evidence for puberty blockers and cross sex hormones is poor. Many systematic reviews confirm this, as well as the systematic review by Baroness Hilary Cass. I think it is right for the government to intervene.”
“I am thrilled that the government of Alberta is protecting the rights of parents and children. The notwithstanding clause is part of the Canadian Charter so that it can be used to protect minorities and others, and we are glad that it is being used to prevent children as young as nine years old from permanently harming their bodies.”
The notwithstanding clause reflects Canada’s system of parliamentary democracy and is meant to balance power between the courts and elected governments. Once the use of notwithstanding clause is passed in the legislature, a court cannot rule that the legislation which the notwithstanding clause applies to be struck down based on the Charter of Rights and Freedoms, the Alberta Bill of Rights, or the Alberta Human Rights Act.
Quick facts
- The notwithstanding clause in section 33 of the Charter allows legislatures to declare that legislation operates notwithstanding sections 2 and 7-15 of the Charter.
- Notwithstanding clauses in the Alberta Bill of Rights and the Alberta Human Rights Act allow Alberta’s legislature to declare that legislation operates notwithstanding those acts.
Related information
- Bill 9: Protecting Alberta’s Children Statutes Amendment Act, 2025
- Protecting youth, supporting parents, and safeguarding female sport
- Advancing policies to support the health care system
- Supporting Alberta students and families
- Ensuring fairness and safety in sport
Related news
- Preserving children’s right to make life-altering decisions (Oct. 31, 2024)
- Supporting Alberta students and families (Oct.31, 2024)
- Ensuring fairness, safety and inclusivity in sport (Oct. 31, 2024)
- Preserving choice for children and youth (Feb. 1, 2024)