Bill S-13
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- ENGLISH
- SUMMARY SUMMARY
- Interpretation Act Interpretation Act
- Related Amendments Related Amendments
- Fisheries Act Fisheries Act
- International Boundary Waters Treaty Act International Boundary Waters Treaty Act
- Canadian Navigable Waters Act Canadian Navigable Waters Act
- Canada Wildlife Act Canada Wildlife Act
- Canada Petroleum Resources Act Canada Petroleum Resources Act
- Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
- Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
- Migratory Birds Convention Act, 1994 Migratory Birds Convention Act, 1994
- Firearms Act Firearms Act
- Oceans Act Oceans Act
- Canada Marine Act Canada Marine Act
- Mackenzie Valley Resource Management Act Mackenzie Valley Resource Management Act
- Canadian Environmental Protection Act, 1999 Canadian Environmental Protection Act, 1999
- Canada National Parks Act Canada National Parks Act
- Yukon Act Yukon Act
- Canada National Marine Conservation Areas Act Canada National Marine Conservation Areas Act
- Species at Risk Act Species at Risk Act
- First Nations Fiscal Management Act First Nations Fiscal Management Act
- First Nations Oil and Gas and Moneys Management Act First Nations Oil and Gas and Moneys Management Act
- An Act to amend the Canadian Human Rights Act An Act to amend the Canadian Human Rights Act
- Ending the Captivity of Whales and Dolphins Act Ending the Captivity of Whales and Dolphins Act
- Indigenous Languages Act Indigenous Languages Act
- An Act respecting First Nations, Inuit and Métis children, youth and families An Act respecting First Nations, Inuit and Métis children, youth and families
- Oil Tanker Moratorium Act Oil Tanker Moratorium Act
- Impact Assessment Act Impact Assessment Act
- Canadian Energy Regulator Act Canadian Energy Regulator Act
- United Nations Declaration on the Rights of Indigenous Peoples Act United Nations Declaration on the Rights of Indigenous Peoples Act
- Coordinating Amendments Coordinating Amendments
- EXPLANATORY NOTES EXPLANATORY NOTES
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First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
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SENATE OF CANADA |
An Act to amend the Interpretation Act and to make related amendments to other Acts
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FIRST READING, June 8, 2023
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THE HONOURABLE SENATOR GOLD, P.C. |
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.
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Available on the Senate of Canada website at the following address: www.sencanada.ca/en |
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1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
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SENATE OF CANADA |
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BILL S-13 |
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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
End of inserted blockRights of Indigenous peoples
Start of inserted block8.3 (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.
End of inserted blockIndigenous peoples
Start of inserted block(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.
End of inserted blockRelated 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
End of inserted block7 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
End of inserted block9 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
End of inserted block11 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
End of inserted block15 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 Insertion start is to Insertion end be construed Insertion start as upholding the Insertion end Aboriginal and treaty rights of Insertion start Indigenous Insertion end peoples Insertion start recognized and affirmed by Insertion end section 35 of the Constitution Act, 1982, Insertion start and not as abrogating or derogating from them Insertion end .
Indigenous peoples
Start of inserted block(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.
End of inserted block1999, 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
End of inserted block20 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
End of inserted block22 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
End of inserted block33 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
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(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;
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(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
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(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
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(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;
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(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
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(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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Published under authority of the Senate of Canada
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EXPLANATORY NOTES
2.3 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.
21.1 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 these rights in section 35 of the Constitution Act, 1982.
2.2 For 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.
(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.
3 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.
48 Nothing 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.
50 Nothing 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.
(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.
(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.
2.1 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.
3 For 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.
(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.
4 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.
(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.
3 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.
(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.
3 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.
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.
3 For greater certainty,
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(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.
1.1 For 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.
6 For 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.
3 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.
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.
3.1 For 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.
3 For 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.
3 For 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.
(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.