An Act to amend the Interpretation Act and to make related amendments to other Acts (S.C. 2024, c. 30)
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Assented to 2024-11-27
An Act to amend the Interpretation Act and to make related amendments to other Acts
S.C. 2024, c. 30
Assented to 2024-11-27
An Act to amend the Interpretation Act and to make related amendments to other Acts
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-21Interpretation Act
1 The Interpretation Act is amended by adding the following after section 8.2:
Indigenous Peoples
Marginal note: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.
Marginal note: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-14Fisheries Act
Marginal note:2019, c. 14, s. 3
2 Section 2.3 of the Fisheries Act is repealed.
R.S., c. I-17International Boundary Waters Treaty Act
Marginal note:2001, c. 40, s. 1
3 Section 21.1 of the International Boundary Waters Treaty Act and the heading before it are repealed.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. 46Canadian Navigable Waters Act
Marginal note:2019, c. 28, s. 48
4 Section 2.2 of the Canadian Navigable Waters Act is repealed.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
Marginal note:1994, c. 23, s. 4(4)
5 Subsection 2(3) of the Canada Wildlife Act is repealed.
R.S., c. 36 (2nd Supp.)Canada Petroleum Resources Act
6 The heading before section 2 of the English version of the Canada Petroleum Resources Act is replaced by the following:
Definitions
7 Section 3 of the Act is repealed.
1987, c. 3; 2014, c. 13, s. 3Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
8 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
9 Section 48 of the Act is repealed.
1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
10 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
11 Section 50 of the Act is repealed.
1994, c. 22Migratory Birds Convention Act, 1994
12 Subsection 2(3) of the Migratory Birds Convention Act, 1994 is repealed.
1995, c. 39Firearms Act
13 Subsection 2(3) of the Firearms Act is repealed.
1996, c. 31Oceans Act
14 The heading before section 2 of the Oceans Act is replaced by the following:
Definitions
15 Section 2.1 of the Act is repealed.
1998, c. 10Canada Marine Act
16 Section 3 of the Canada Marine Act and the heading before it are repealed.
1998, c. 25Mackenzie Valley Resource Management Act
17 Subsection 5(2) of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note: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.
Marginal note: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. 33Canadian Environmental Protection Act, 1999
18 Section 4 of the Canadian Environmental Protection Act, 1999 is repealed.
2000, c. 32Canada National Parks Act
19 The heading before section 2 of the English version of the Canada National Parks Act is replaced by the following:
Definitions
20 Subsection 2(2) of the Act is repealed.
2002, c. 7Yukon Act
21 The heading before section 2 of the English version of the Yukon Act is replaced by the following:
Definitions
22 Section 3 of the Act is repealed.
2002, c. 18Canada National Marine Conservation Areas Act
23 Subsection 2(2) of the Canada National Marine Conservation Areas Act is repealed.
2002, c. 29Species at Risk Act
24 Section 3 of the Species at Risk Act is repealed.
2005, c. 9; 2012, c. 19, s. 658First Nations Fiscal Management Act
Marginal note:2018, c. 27, s. 413(b)(E)
25 Section 3 of the First Nations Fiscal Management Act and the heading before it are repealed.
2005, c. 48First Nations Oil and Gas and Moneys Management Act
26 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. 30An Act to amend the Canadian Human Rights Act
27 Section 1.1 of An Act to amend the Canadian Human Rights Act is repealed.
2019, c. 11Ending the Captivity of Whales and Dolphins Act
28 Section 6 of the Ending the Captivity of Whales and Dolphins Act and the heading before it are repealed.
2019, c. 23Indigenous Languages Act
29 Section 3 of the Indigenous Languages Act is repealed.
2019, c. 24An Act respecting First Nations, Inuit and Métis children, youth and families
30 Section 2 of An Act respecting First Nations, Inuit and Métis children, youth and families is repealed.
2019, c. 26Oil Tanker Moratorium Act
31 Section 3.1 of the Oil Tanker Moratorium Act and the heading before it are repealed.
2019, c. 28, s. 1Impact Assessment Act
32 The heading before section 2 of the Impact Assessment Act is replaced by the following:
Definitions
33 Section 3 of the Act is repealed.
2019, c. 28, s. 10Canadian Energy Regulator Act
34 Section 3 of the Canadian Energy Regulator Act is repealed.
2021, c. 14United Nations Declaration on the Rights of Indigenous Peoples Act
35 Subsection 2(2) of the United Nations Declaration on the Rights of Indigenous Peoples Act is repealed.
Coordinating Amendments
Marginal note:Bill C-21
36 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.
Marginal note:Bill C-35
37 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.
Marginal note:Bill C-49
38 (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) If 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) If 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) If 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) If section 108 of the other Act comes into force on the same day as section 10 of this Act, then that section 108 is deemed to have come into force before that section 10 and subsection (4) applies as a consequence.
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