An Act to amend the Interpretation Act and to make related amendments to other Acts
2024, c. 30
Annual Statutes
S-13 1 44 70-71 Elizabeth II – 1-2-3 Charles III 2021-2022-2023-2024
An Act to amend the
Interpretation Act and to make related amendments to other Acts
An Act to amend the
Interpretation Act and to make related amendments to other Acts
An Act to amend the
Interpretation Act and to make related amendments to other Acts 2024 11 27 30 2024 90937
SUMMARY
This enactment amends the
Interpretation Act to provide that Acts of Parliament and regulations are to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by
section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them. It also amends or repeals similar provisions in other Acts known as non-derogation clauses.
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. I-21
Interpretation Act
The
Interpretation Act is amended by adding the following after
section 8.2:
Indigenous Peoples
Rights of Indigenous peoples
8.3
(1) Every enactment is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by
section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them.
Indigenous peoples
(2) For the purposes of subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 .
Related Amendments
R.S., c. F-14
Fisheries Act
2019, c. 14, s. 3
Section 2.3 of the Fisheries Act is repealed.
R.S., c. I-17
International Boundary Waters Treaty Act
2001, c. 40, s. 1
Section 21.1 of the International Boundary Waters Treaty Act and the heading before it are repealed.
R.S., c. N-22; 2012, c. 31, s. 316; 2019, c. 28, s. 46
Canadian Navigable Waters Act
2019, c. 28, s. 48
Section 2.2 of the Canadian Navigable Waters Act is repealed.
R.S., c. W-9; 1994, c. 23, s. 2(
F) Canada Wildlife Act
1994, c. 23, s. 4(4)
Subsection 2(3) of the Canada Wildlife Act is repealed.
R.S., c. 36 (2nd Supp.)
Canada Petroleum Resources Act
The heading before
section 2 of the English version of the Canada Petroleum Resources Act is replaced by the following:
Definitions
Section 3 of the Act is repealed.
1987, c. 3; 2014, c. 13, s. 3
Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
The heading “Interpretation” before
section 47 of the English version of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act is replaced by the following:
Definitions
Section 48 of the Act is repealed.
1988, c. 28
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
The heading “Interpretation” before
section 49 of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
Definitions
Section 50 of the Act is repealed.
1994, c. 22
Migratory Birds Convention Act, 1994
Subsection 2(3) of the Migratory Birds Convention Act, 1994 is repealed.
1995, c. 39
Firearms Act
Subsection 2(3) of the Firearms Act is repealed.
1996, c. 31
Oceans Act
The heading before
section 2 of the Oceans Act is replaced by the following:
Definitions
Section 2.1 of the Act is repealed.
1998, c. 10
Canada Marine Act
Section 3 of the Canada Marine Act and the heading before it are repealed.
1998, c. 25
Mackenzie Valley Resource Management Act
Subsection 5(2) of the Mackenzie Valley Resource Management Act is replaced by the following:
Rights of Indigenous peoples
(2) This Act is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by
section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them.
Indigenous peoples
(3) For the purposes of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 .
1999, c. 33
Canadian Environmental Protection Act, 1999
Section 4 of the Canadian Environmental Protection Act, 1999 is repealed.
2000, c. 32
Canada National Parks Act
The heading before
section 2 of the English version of the Canada National Parks Act is replaced by the following:
Definitions
Subsection 2(2) of the Act is repealed.
2002, c. 7
Yukon Act
The heading before
section 2 of the English version of the Yukon Act is replaced by the following:
Definitions
Section 3 of the Act is repealed.
2002, c. 18
Canada National Marine Conservation Areas Act
Subsection 2(2) of the Canada National Marine Conservation Areas Act is repealed.
2002, c. 29
Species at Risk Act
Section 3 of the Species at Risk Act is repealed.
2005, c. 9; 2012, c. 19, s. 658
First Nations Fiscal Management Act
2018, c. 27, s. 413(b)(
E) Section 3 of the First Nations Fiscal Management Act and the heading before it are repealed.
2005, c. 48
First Nations Oil and Gas and Moneys Management Act
Section 3 of the First Nations Oil and Gas and Moneys Management Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (
c) and by repealing paragraph (e).
2008, c. 30
An Act to amend the Canadian Human Rights Act
Section 1.1 of
An Act to amend the Canadian Human Rights Act is repealed.
2019, c. 11
Ending the Captivity of Whales and Dolphins Act
Section 6 of the Ending the Captivity of Whales and Dolphins Act and the heading before it are repealed.
2019, c. 23
Indigenous Languages Act
Section 3 of the Indigenous Languages Act is repealed.
2019, c. 24
An Act respecting First Nations, Inuit and Métis children, youth and families
Section 2 of
An Act respecting First Nations, Inuit and Métis children, youth and families is repealed.
2019, c. 26
Oil Tanker Moratorium Act
Section 3.1 of the Oil Tanker Moratorium Act and the heading before it are repealed.
2019, c. 28, s. 1
Impact Assessment Act
The heading before
section 2 of the Impact Assessment Act is replaced by the following:
Definitions
Section 3 of the Act is repealed.
2019, c. 28, s. 10
Canadian Energy Regulator Act
Section 3 of the Canadian Energy Regulator Act is repealed.
2021, c. 14
United Nations Declaration on the Rights of Indigenous Peoples Act
Subsection 2(2) of the United Nations Declaration on the Rights of Indigenous Peoples Act is repealed.
Coordinating Amendments
Bill C-21
If Bill C-21, introduced in the 1st session of the 44th Parliament and entitled
An Act to amend certain Acts and to make certain consequential amendments (firearms) , receives royal assent, then
section 72.1 of that Act and the heading before it are repealed.
Bill C-35
If Bill C-35, introduced in the 1st session of the 44th Parliament and entitled the Canada Early Learning and Child Care Act , receives royal assent, then
section 3 of that Act is repealed.
Bill C-49
(1) Subsections (2) to (5) apply if Bill C-49, introduced in the 1st session of the 44th Parliament and entitled
An Act to amend the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (in this
section referred to as the “other Act”), receives royal assent.
(2) section 2 of the other Act comes into force before
section 8 of this Act, then
(
a) the heading before
section 8 and sections 8 and 9 of this Act are deemed never to have come into force and are repealed;
(
b) the heading “Interpretation” before
section 47 of the English version of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is replaced by the following:
Definitions
(
c) section 48 of that Act is repealed.
(3) section 2 of the other Act comes into force on the same day as
section 8 of this Act, then that
section 2 is deemed to have come into force before that
section 8 and subsection (2) applies as a consequence.
(4) section 108 of the other Act comes into force before
section 10 of this Act, then
(
a) the heading before
section 10 and sections 10 and 11 of this Act are deemed never to have come into force and are repealed;
(
b) the heading “Interpretation” before
section 49 of the English version of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act is replaced by the following:
Definitions
(
c) section 50 of that Act is repealed.
(5) section 108 of the other Act comes into force on the same day as