S-1314470-71Elizabeth II – 1 Charles III2021-2022-2023An Act to amend the Interpretation Act and to make related amendments to other ActsAn Act to amend the Interpretation Act and to make related amendments to other ActsAn Act to amend the Interpretation Act and to make related amendments to other Acts20236

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THE HONOURABLE SENATOR GOLD, P.C.90937

SUMMARYThis 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

1The Interpretation Act is amended by adding the following after section 8.2:Indigenous Peoples

Rights of Indigenous peoples8.3(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.

Interpretation ActClause 1:New.

Related AmendmentsR.S., c. F-14Fisheries Act

2019, c. 14, s. 32Section 2.3 of the Fisheries Act is repealed.Fisheries ActClause 2:Existing text of section 2.3:

2.3This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

R.S., c. I-17International Boundary Waters Treaty Act

2001, c. 40, s. 13Section 21.1 of the International Boundary Waters Treaty Act and the heading before it are repealed.International Boundary Waters Treaty ActClause 3:Existing text of the heading and section 21.1:Aboriginal and Treaty Rights

21.1For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.

R.S., c. N-22; 2012, c. 31, s. 316; 2019, c. 28, s. 46Canadian Navigable Waters Act

2019, c. 28, s. 484Section 2.2 of the Canadian Navigable Waters Act is repealed.Canadian Navigable Waters ActClause 4:Existing text of section 2.2:

2.2For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

R.S., c. W-9; 1994, c. 23, s. 2(F)Canada Wildlife Act

1994, c. 23, s. 4(4)5Subsection 2(3) of the Canada Wildlife Act is repealed.Canada Wildlife ActClause 5:Existing text of subsection 2(3):(3)For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

R.S., c. 36 (2nd Supp.)Canada Petroleum Resources Act

6The heading before section 2 of the English version of the Canada Petroleum Resources Act is replaced by the following:DefinitionsCanada Petroleum Resources ActClause 6:Existing text of the heading:Interpretation

7Section 3 of the Act is repealed.Clause 7:Existing text of section 3:

3Nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1987, c. 3; 2014, c. 13, s. 3Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

8The heading “Interpretation” before section 47 of the English version of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act is replaced by the following:DefinitionsCanada–Newfoundland and Labrador Atlantic Accord Implementation ActClause 8:Existing text of the heading:Interpretation

9Section 48 of the Act is repealed.Clause 9:Existing text of section 48:

48Nothing in this Part shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

10The 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:DefinitionsCanada-Nova Scotia Offshore Petroleum Resources Accord Implementation ActClause 10:Existing text of the heading:Interpretation

11Section 50 of the Act is repealed.Clause 11:Existing text of section 50:

50Nothing in this Part shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1994, c. 22Migratory Birds Convention Act, 1994

12Subsection 2(3) of the Migratory Birds Convention Act, 1994 is repealed.Migratory Birds Convention Act, 1994Clause 12:Existing text of subsection 2(3):(3)For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1995, c. 39Firearms Act

13Subsection 2(3) of the Firearms Act is repealed.Firearms ActClause 13:Existing text of subsection 2(3):(3)For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1996, c. 31Oceans Act

14The heading before section 2 of the Oceans Act is replaced by the following:DefinitionsOceans ActClause 14:Existing text of the heading:Interpretation

15Section 2.1 of the Act is repealed.Clause 15:Existing text of section 2.1:

2.1For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1998, c. 10Canada Marine Act

16Section 3 of the Canada Marine Act and the heading before it are repealed.Canada Marine ActClause 16:Existing text of the heading and section 3:Aboriginal Rights

3For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the application of section 35 of the Constitution Act, 1982 to existing aboriginal or treaty rights of the aboriginal peoples of Canada.

1998, c. 25Mackenzie Valley Resource Management Act

17Subsection 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.Mackenzie Valley Resource Management ActClause 17:Existing text of subsection 5(2):(2)For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

1999, c. 33Canadian Environmental Protection Act, 1999

18Section 4 of the Canadian Environmental Protection Act, 1999 is repealed.Canadian Environmental Protection Act, 1999Clause 18:Existing text of section 4:

4For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2000, c. 32Canada National Parks Act

19The heading before section 2 of the English version of the Canada National Parks Act is replaced by the following:DefinitionsCanada National Parks ActClause 19:Existing text of the heading:Interpretation

20Subsection 2(2) of the Act is repealed.Clause 20:Existing text of subsection 2(2):(2)For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2002, c. 7Yukon Act

21The heading before section 2 of the English version of the Yukon Act is replaced by the following:DefinitionsYukon ActClause 21:Existing text of the heading:Interpretation

22Section 3 of the Act is repealed.Clause 22:Existing text of section 3:

3For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2002, c. 18Canada National Marine Conservation Areas Act

23Subsection 2(2) of the Canada National Marine Conservation Areas Act is repealed.Canada National Marine Conservation Areas ActClause 23:Existing text of subsection 2(2):(2)For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2002, c. 29Species at Risk Act

24Section 3 of the Species at Risk Act is repealed.Species at Risk ActClause 24:Existing text of section 3:

3For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2005, c. 9; 2012, c. 19, s. 658First Nations Fiscal Management Act

2018, c. 27, s. 413(b)(E)25Section 3 of the First Nations Fiscal Management Act and the heading before it are repealed.First Nations Fiscal Management ActClause 25:Existing text of the heading and section 3:Aboriginal Rights

3For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

2005, c. 48First Nations Oil and Gas and Moneys Management Act

26Section 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).First Nations Oil and Gas and Moneys Management ActClause 26:Relevant portion of section 3:

3For greater certainty,... (e)nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2008, c. 30An Act to amend the Canadian Human Rights Act

27Section 1.1 of An Act to amend the Canadian Human Rights Act is repealed.Act to amend the Canadian Human Rights ActClause 27:Existing text of section 1.1:

1.1For greater certainty, the repeal of section 67 of the Canadian Human Rights Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2019, c. 11Ending the Captivity of Whales and Dolphins Act

28Section 6 of the Ending the Captivity of Whales and Dolphins Act and the heading before it are repealed.Ending the Captivity of Whales and Dolphins ActClause 28:Existing text of the heading and section 6:Related Provision

6For greater certainty, the amendments made by this Act to the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.

2019, c. 23Indigenous Languages Act

29Section 3 of the Indigenous Languages Act is repealed.Indigenous Languages ActClause 29:Existing text of section 3:

3This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

2019, c. 24An Act respecting First Nations, Inuit and Métis children, youth and families

30Section 2 of An Act respecting First Nations, Inuit and Métis children, youth and families is repealed.An Act respecting First Nations, Inuit and Métis children, youth and familiesClause 30:Existing text of section 2:

2This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

2019, c. 26Oil Tanker Moratorium Act

31Section 3.1 of the Oil Tanker Moratorium Act and the heading before it are repealed.Oil Tanker Moratorium ActClause 31:Existing text of the heading and section 3.1:Rights of Indigenous Peoples of Canada

3.1For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2019, c. 28, s. 1Impact Assessment Act

32The heading before section 2 of the Impact Assessment Act is replaced by the following:DefinitionsImpact Assessment ActClause 32:Existing text of the heading:Interpretation

33Section 3 of the Act is repealed.Clause 33:Existing text of section 3:

3For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2019, c. 28, s. 10Canadian Energy Regulator Act

34Section 3 of the Canadian Energy Regulator Act is repealed.Canadian Energy Regulator ActClause 34:Existing text of section 3:

3For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

2021, c. 14United Nations Declaration on the Rights of Indigenous Peoples Act

35Subsection 2(2) of the United Nations Declaration on the Rights of Indigenous Peoples Act is repealed.United Nations Declaration on the Rights of Indigenous Peoples ActClause 35:Existing text of subsection 2(2):(2)This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

Coordinating Amendments

Bill C-2136If 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-3537If 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-4938(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.