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Bill S-13

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-13
An Act to amend the Interpretation Act and to make related amendments to other Acts
AS PASSED
BY THE SENATE
December 14, 2023
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.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-13

An Act to amend the Interpretation Act and to make related amendments to other Acts

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

1 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

2 Section 2.‍3 of the Fisheries Act is repealed.

R.‍S.‍, c. I-17

International Boundary Waters Treaty Act

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3 Section 21.‍1 of the International Boundary Waters Treaty Act and the heading before it are repealed.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. 46

Canadian Navigable Waters Act

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4 Section 2.‍2 of the Canadian Navigable Waters Act is repealed.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

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5 Subsection 2(3) of the Canada Wildlife Act is repealed.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. 3

Canada–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. 28

Canada-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. 22

Migratory Birds Convention Act, 1994

12 Subsection 2(3) of the Migratory Birds Convention Act, 1994 is repealed.

1995, c. 39

Firearms Act

13 Subsection 2(3) of the Firearms Act is repealed.

1996, c. 31

Oceans 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. 10

Canada Marine Act

16 Section 3 of the Canada Marine Act and the heading before it are repealed.

1998, c. 25

Mackenzie Valley Resource Management Act

17 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

18 Section 4 of the Canadian Environmental Protection Act, 1999 is repealed.

2000, c. 32

Canada 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. 7

Yukon 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. 18

Canada National Marine Conservation Areas Act

23 Subsection 2(2) of the Canada National Marine Conservation Areas Act is repealed.

2002, c. 29

Species at Risk Act

24 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)

25 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

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. 30

An 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. 11

Ending 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. 23

Indigenous Languages Act

29 Section 3 of the Indigenous Languages Act is repealed.

2019, c. 24

An 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. 26

Oil Tanker Moratorium Act

31 Section 3.‍1 of the Oil Tanker Moratorium Act and the heading before it are repealed.

2019, c. 28, s. 1

Impact 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. 10

Canadian Energy Regulator Act

34 Section 3 of the Canadian Energy Regulator Act is repealed.

2021, c. 14

United 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

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.

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.

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.

Published under authority of the Senate of Canada

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