GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Naskapi and the Cree-Naskapi Commission Act — C-45.7 186
Where a recipient renounces traditional property 186 Where any person designated by the family council of a deceased Naskapi beneficiary to receive the deceased’s traditional property pursuant to this Part renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed by the laws of the Province relating to intestate succession. 1984, c. 18, s. 186; 2018, c. 4, s. 109(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 187
Interpretation 187 (1) In this Part, Indian means (a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act ; and (b) in section 188, an Indian as defined in the Indian Act . Idem (2) For the purposes of this Part, personal property (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament, (b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or (c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada shall be deemed always to be situated on Category IA-N land. 1984, c. 18, s. 187; 2009, c. 12, s. 25; 2018, c. 4, s. 110
Naskapi and the Cree-Naskapi Commission Act — C-45.7 188
Property exempt from taxation 188 (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any by-laws of the band made pursuant to paragraph 45(1)(h), the following property is exempt from taxation: (a) the interest of an Indian or the band in Category IA-N land; and (b) the personal property of an Indian or the band situated on Category IA-N land. Ownership, occupation, etc., of exempt property (2) Notwithstanding any other Act of Parliament or of the legislature of any province, (a) neither an Indian nor the band is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and (b) no succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property or the succession thereto if the property passes to an Indian. 1984, c. 18, s. 188; 2018, c. 4, ss. 111, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 189
Interpretation 189 In this Part, “Indian” means an Indian as defined in the Indian Act .
Naskapi and the Cree-Naskapi Commission Act — C-45.7 190
Property exempt from seizure, etc. 190 (1) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to a Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land, and any right or interest of such a person in Category IA-N land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land. Property exempt from seizure, etc. (2) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to the band is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land. Idem (3) The right or interest of the band in its Category IA-N land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person. Idem (4) A right or interest in Category IA-N land of a person other than a Naskapi beneficiary or the band, or the immovable property of such person situated on Category IA-N land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Naskapi beneficiary or the band, except where the band has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation. Conditional sales (5) A person who sells movable property to (a) a Naskapi beneficiary, (b) an Indian ordinarily resident on Category IA-N land, or (c) the band under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA-N land. 1984, c. 18, s. 190; 2009, c. 12, s. 26; 2018, c. 4, s. 112
Naskapi and the Cree-Naskapi Commission Act — C-45.7 191
Property deemed situated on Category IA-N land 191 For the purposes of section 190, movable property (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased with money appropriated by Parliament, (b) that is purchased after the coming into force of this Part with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries, or the band, or (c) that is, after the coming into force of this Part, provided to Naskapi beneficiaries or the band under a treaty or agreement between the band and Canada shall be deemed always to be situated on Category IA-N land. 1984, c. 18, s. 191; 2009, c. 12, s. 27; 2018, c. 4, s. 113
Naskapi and the Cree-Naskapi Commission Act — C-45.7 192
192 (1) [Repealed, 2018, c. 4, s. 114] Property deemed to be property of the Naskapi band (2) Where the band has the authority to delegate the power to coordinate and administer a program to the Naskapi Development Corporation and has so delegated, movable property that (a) is necessary for the coordination or administration of that program, (b) is owned by the Naskapi Development Corporation, and (c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries or the band shall, for the purposes of section 190, be deemed always to be the property of the band. 1984, c. 18, s. 192; 2018, c. 4, s. 114
Naskapi and the Cree-Naskapi Commission Act — C-45.7 193
Waiver of exemption 193 (1) A Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land may, in writing, waive the exemption conferred by subsection 190(1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA-N land, the consent of the band must be obtained to the waiver and the terms and conditions thereof, and the band’s consent must be confirmed by the electors of the band at a special band meeting or referendum. Quorum requirements (2) For the purposes of determining the quorum requirement respecting the confirmation of the band’s consent referred to in subsection (1), the percentage requirement is the same as if the remaining term of the right or interest in question were being granted by the band under paragraph 132(1)(a). Waiver by band (3) The band may, in writing, waive the exemption conferred by subsection 190(2) in favour of any person, on such terms and conditions as are agreed to by the parties, subject to the approval of the waiver and the terms and conditions thereof by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter. 1984, c. 18, s. 193; 2018, c. 4, ss. 115, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 197
Offences under Act 197 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2), section 95, subsection 100(4) or section 108 is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both. 1984, c. 18, s. 197; 2009, c. 12, s. 30; 2018, c. 4, s. 118
Naskapi and the Cree-Naskapi Commission Act — C-45.7 198
Contravention of regulations 198 (1) Every person who contravenes a regulation made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the regulations. Regulations may fix maximum punishment (2) The Governor in Council may make regulations stipulating a maximum fine or a maximum term of imprisonment, or both, for contravention of a regulation, but such maximum fine or maximum term of imprisonment may not exceed two thousand dollars or six months, respectively.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 199
Contravention of by-law 199 (1) Every person who contravenes a by-law made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the by-law. By-law may fix maximum punishment (2) A by-law made under this Act may stipulate a maximum fine or a maximum term of imprisonment, or both, for contravention of the by-law, but the maximum fine or maximum term of imprisonment may not exceed $5,000 or six months, respectively. Idem (3) A by-law made under paragraph 45(1)(h) may not impose a term of imprisonment for non-payment of taxes. 1984, c. 18, s. 199; 2009, c. 12, s. 31; 2018, c. 4, s. 119
Naskapi and the Cree-Naskapi Commission Act — C-45.7 199.1
Alternative procedure — ticketing scheme 199.1 In addition to the summary conviction procedures of Part XXVII of the Criminal Code , a proceeding in respect of a contravention indicated in the by-laws made under section 48.1 of this Act may be commenced in accordance with the ticketing scheme established by those by-laws. 2018, c. 4, s. 120
Naskapi and the Cree-Naskapi Commission Act — C-45.7 200
Jurisdiction of justices of the peace 200 (1) In addition to the courts and persons having jurisdiction in respect of the offences listed in paragraphs (a) and (b), justices of the peace appointed pursuant to section 12.4.1 of the Northeastern Quebec Agreement have jurisdiction in respect of (a) offences under subsection 199(1); and (b) offences under the following provisions of the Criminal Code : section 266 (assault), section 445 (injuring or endangering animals) and section 445.1 (cruelty to animals). Summary conviction court (2) For the purpose of exercising their jurisdiction in respect of offences listed in paragraphs (1)(a) and (b), the justices of the peace referred to in subsection (1) are a summary conviction court within the meaning of Part XXVII of the Criminal Code . References to Criminal Code (3) The words in parenthesis in paragraph (1)(b) form no part of that paragraph but shall be deemed to have been inserted for convenience of reference only. 1984, c. 18, s. 200; 2018, c. 4, s. 121
Naskapi and the Cree-Naskapi Commission Act — C-45.7 201
Where signatory of document unable to write 201 Where, under this Act or any regulation or by-law made thereunder, a document is required to be signed by a person and that person is unable to write, that person’s mark shall constitute his signature if (a) the mark is affixed to the document in the presence of a witness who is able to write; and (b) the witness affixes his signature to the document beside the mark of the person for whom he is acting as witness.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 202
Commissioners of oaths 202 (1) In addition to any person authorized to act as a commissioner of oaths under the laws of Canada or of the Province, the chief of the band and the band secretary are ex officio commissioners of oaths for the purposes of this Act and any regulation or by-law made thereunder. No fee permitted (2) The chief and band secretary shall not charge any fee or other compensation whatsoever for acting as a commissioner of oaths pursuant to subsection (1). 1984, c. 18, s. 202; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 203
Certified copies of documents 203 (1) The band secretary may issue certified copies of any by-law or resolution of the band or of any other document issued under the authority of the band. Idem (2) The band treasurer may issue certified copies of all or any part of the books of account and financial records of the band. Admissibility of certified copies (3) In every case in which an original document could be received in evidence, a certified copy of that document issued under subsection (1) is receivable in evidence without proof of the signature or the official character of the person or persons appearing to have signed the document. 1984, c. 18, s. 203; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 Coming into force
Coming into force * 218 This Act, or any provision thereof, shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except sections 36 and 157 to 172, in force July 3, 1984, sections 36 and 157 to 172 in force December 1, 1984, see SI/84-129.]
Naskapi and the Cree-Naskapi Commission Act — C-45.7 32
Publication 32 The Minister of Indian Affairs and Northern Development shall publish, in the Canada Gazette , a notice of the date that any land is set aside by the Governor in Council as Category IA land for the exclusive use and benefit of the collectivity known as the Crees of Oujé-Bougoumou, as soon as feasible after that land is set aside.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 124
Cree-Naskapi Commission’s report to Parliament 124 (1) The Cree-Naskapi Commission may prepare and submit to the Minister of Indian Affairs and Northern Development a last report in English, French, Cree and Naskapi, for the period beginning on the day that follows the end of the period for which the 2016 Report of the Cree-Naskapi Commission was completed and ending on the day on which section 98 comes into force, on the implementation of the Cree-Naskapi (of Quebec) Act , and the Minister shall cause the report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the day on which the Minister receives it. Circulation of report (2) As soon as feasible after the report is laid before each House of Parliament, the Minister shall send a copy of the report to the Cree Nation Government, the Naskapi Development Corporation, the council of each Cree First Nation and the council of the Naskapi band. Definitions (3) The following definitions apply in this section. Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act . ( première nation crie ) Cree-Naskapi Commission means the Commission established by section 158 of the Naskapi and the Cree-Naskapi Commission Act . ( Commission crie-naskapie ) Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act . ( Gouvernement de la nation crie ) Naskapi band has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act . ( bande naskapie ) Naskapi Development Corporation has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act . ( Société de développement des Naskapis )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act . ( première nation crie )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
Cree-Naskapi Commission means the Commission established by section 158 of the Naskapi and the Cree-Naskapi Commission Act . ( Commission crie-naskapie )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act . ( Gouvernement de la nation crie )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
Naskapi band has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act . ( bande naskapie )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
Naskapi Development Corporation has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act . ( Société de développement des Naskapis )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 Other references to Minister of Indian Affairs and Northern Development
Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (g) section 32 of An Act to amend the Cree-Naskapi (of Quebec) Act , chapter 12 of the Statutes of Canada, 2009.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 Preamble
Preamble Whereas the Grand Council of the Crees (Eeyou Istchee), the Cree Nation Government and the Government of Canada have negotiated the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada;
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
Whereas that agreement was signed by the parties on July 18, 2017;
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
And whereas ratification of that agreement requires the coming into force of an Act of Parliament that gives effect to that agreement;
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 1
Short title 1 This Act may be cited as the Cree Nation of Eeyou Istchee Governance Agreement Act .
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 2
Definitions 2 (1) The following definitions apply in this Act. Agreement means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, entered into on July 18, 2017, between the Government of Canada, the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government, including any amendments made to it. ( accord ) Cree Constitution means the constitution developed under section 3.1 of the Agreement and ratified in accordance with sections 31.4, 31.6 and 31.7 of the Agreement. ( constitution crie ) Cree Nation or Cree Nation of Eeyou Istchee has the same meaning as Cree Nation in section 1.1 of the Agreement. ( nation crie ou nation crie d’Eeyou Istchee ) Cree Nation Government means the legal person established under section 2 of An Act respecting the Cree Nation Government , CQLR, chapter G-1.031. ( Gouvernement de la nation crie ) Definitions used in Agreement (2) In this Act, Category IA land , Cree beneficiary , Cree First Nation , Cree First Nation law , Cree law , Cree Nation Government law , federal law , Inuk of Chisasibi (in the singular) or Inuit of Chisasibi (in the plural) and the James Bay and Northern Quebec Agreement have the same meaning as in section 1.1 of the Agreement.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
Agreement means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, entered into on July 18, 2017, between the Government of Canada, the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government, including any amendments made to it. ( accord )
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
Cree Constitution means the constitution developed under section 3.1 of the Agreement and ratified in accordance with sections 31.4, 31.6 and 31.7 of the Agreement. ( constitution crie )
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
Cree Nation or Cree Nation of Eeyou Istchee has the same meaning as Cree Nation in section 1.1 of the Agreement. ( nation crie ou nation crie d’Eeyou Istchee )
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75
Cree Nation Government means the legal person established under section 2 of An Act respecting the Cree Nation Government , CQLR, chapter G-1.031. ( Gouvernement de la nation crie )
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 3
Agreement given effect 3 (1) The Agreement is approved, given effect and declared valid and has the force of law. Agreement binding (2) For greater certainty, the Agreement is binding on, and may be relied on by, the parties and all other persons and bodies.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 4
James Bay and Northern Quebec Agreement prevails 4 The James Bay and Northern Quebec Agreement prevails over the Agreement to the extent of any inconsistency or conflict between them.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 5
Agreement prevails 5 The Agreement prevails over this Act to the extent of any inconsistency or conflict between them.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 6
Act prevails 6 (1) Subject to subsection (2), this Act prevails over any other federal law to the extent of any inconsistency or conflict between them. James Bay and Northern Quebec Native Claims Settlement Act (2) The James Bay and Northern Quebec Native Claims Settlement Act prevails over this Act to the extent of any inconsistency or conflict between them.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 7
Cree Constitution 7 (1) The Cree Constitution is given effect and has the force of law. Constitution binding (2) For greater certainty, the Cree Constitution is binding on, and may be relied on by, all persons and bodies. However, the Cree Constitution is not binding on Her Majesty in right of Canada or a province.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 8
Cree law 8 (1) A Cree law made in accordance with the Agreement and the Cree Constitution has the force of law. Third parties (2) For greater certainty, a Cree law is binding on, and may be relied on by, all persons and bodies. However, a Cree law is not binding on Her Majesty in right of Canada or a province.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 9
Continuation of Cree bands 9 (1) The Cree bands constituted as corporations under sections 12 and 12.1 of the Cree-Naskapi (of Quebec) Act , as they read immediately before the day on which section 3 of this Act comes into force, are continued as Cree First Nations and continue to be the same legal entities. New Cree First Nations (2) New Cree First Nations may be constituted in accordance with Chapter 23 of the Agreement. Legal capacity (3) A Cree First Nation has, subject to the Agreement, the capacity, rights, powers and privileges of a natural person.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 10
Statutory Instruments Act 10 The Statutory Instruments Act does not apply to Cree laws or resolutions of Cree First Nations or of the Cree Nation Government made under the Agreement.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 11
Indian Act 11 Except for the purpose of determining which of the Cree beneficiaries are Indians within the meaning of the Indian Act , the Indian Act does not apply to Cree First Nations, nor does it apply on or in respect of Category IA land.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 12
Non-application of certain Acts 12 (1) The Canada Corporations Act , chapter C-32 of the Revised Statutes of Canada, 1970, the Canada Business Corporations Act , the Canada Not-for-profit Corporations Act and any other Acts of Parliament specifically applicable to corporations do not apply to Cree First Nations. Exception (2) However, the Governor in Council may, by order, at the request of the Cree Nation Government, provide that an Act of Parliament referred to in subsection (1), or any provision of that Act, applies to any Cree First Nation.