What can Parliament or the legislature do under Section 33(4)?

• A. Parliament or the legislature may re-enact the declaration
• B. Re-enactment is prohibited
• C. Only the courts may re-enact
• D. Local governments may re-enact the declaration

Answer: (A)

The key idea here is that there is a built‑in mechanism for extending the use of the notwithstanding clause. Section 33 allows Parliament or a provincial legislature to declare that certain Charter rights do not apply to a law for up to five years. To keep that effect beyond the initial five years, the same legislative body may renew the declaration by re‑enacting it. That renewal power is what Section 33(4) specifically authorizes, making it a purely legislative action—courts and local governments don’t perform or renew these declarations.

So the best answer reflects that the legislature can re‑enact the declaration to extend the override for another term; without re‑enactment, the Charter rights would apply after the initial five years.