Indigenous peoples (First Nations, Inuit, Métis)
- Federal laws and regulations must be read in a way that supports section 35 rights and does not limit them (Bill: Interpretation Act, after s.8.2(1)).
- The bill does not change the Constitution or define new rights; it standardizes how existing rights are respected across all Acts.
- In areas like fisheries, wildlife, lands, energy, and transport, decisions must consider this rule when they affect section 35 rights (repeals of prior clauses consolidate this into one rule).
Businesses and project developers
- Federal approvals (e.g., impact assessments, energy regulation, navigable waters) will continue to require attention to section 35 rights, now under a single, general rule rather than many Act-specific clauses (repeals in Impact Assessment Act s.3; Canadian Energy Regulator Act s.3; Canadian Navigable Waters Act s.2.2).
- Expect regulators to document how decisions “uphold” section 35 rights. This could affect permitting timelines and consultation steps. Timing and extent: Data unavailable.
Federal departments and regulators
- Must apply the new Interpretation Act rule across all statutes and regulations (Bill: Interpretation Act, after s.8.2).
- Need to update policies, guidance, forms, and training to reflect the centralized clause. Implementation dates: Data unavailable.
- Specific Acts lose their own clauses, so staff will rely on the Interpretation Act instead (e.g., Fisheries Act s.2.3 repealed; Oceans Act s.2.1 repealed).
Courts and legal practitioners
- Will apply a single, positive formulation (“upholding” rights) rather than varied non-derogation clauses. This may change arguments about statutory purpose in cases involving section 35 (Bill: Interpretation Act, after s.8.2(1)).
- The Mackenzie Valley Resource Management Act now mirrors this wording directly (s.5(2)–(3)).
Provinces, territories, and municipalities
- No direct obligations, but where they interact with federal processes (e.g., joint reviews or permits), the federal interpretation rule will frame decisions.