GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Naskapi and the Cree-Naskapi Commission Act — C-45.7 103
Right to reside on Category IA-N land 103 (1) The following persons have the right to reside on Category IA-N land of the band: (a) a member of the band; (b) the member’s consort, within the meaning of section 174; and (c) the family to the first degree of a person described in paragraph (a) or (b). Special categories of persons who may reside on Category IA-N land (2) In addition to persons described in subsection (1), the following persons may reside on Category IA-N land of the band: (a) a person so authorized in writing by the band or by a by-law of the band; (b) a person so authorized by virtue of a grant from the band under Part VIII; (c) an administrator holding office pursuant to section 100; and (d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band. Band’s control over number of outsiders (3) The band may prohibit a person described in paragraph (2)(d) from residing on its Category IA-N land where the number of such persons would be such as to significantly alter the demographic composition of the community. 1984, c. 18, s. 103; 2018, c. 4, s. 56
Naskapi and the Cree-Naskapi Commission Act — C-45.7 104
Pre-Agreement residence and occupation rights not affected 104 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right. 1984, c. 18, s. 104; 2009, c. 12, s. 15; 2018, c. 4, s. 57
Naskapi and the Cree-Naskapi Commission Act — C-45.7 105
105 (1) to (3) [Repealed, 2018, c. 4, s. 58] Right of access to IA-N land (4) The following persons have a right of access to any Category IA-N land: (a) any Naskapi beneficiary; (b) that beneficiary’s consort, within the meaning of section 174; (c) the family to the first degree of a person described in paragraph (a) or (b); and (d) a person deemed by paragraph 20.1(a) to be a member of the band. Special categories of persons who are permitted access to Category IA-N land (5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the band to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question: (a) a person who is authorized by a government body or any other public body, established by or under an Act of Parliament, an Act of the legislature of Quebec or a by-law of the band to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon; (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon; (c) a person who has an authorization for commercial exploitation of forest resources referred to in subsection 111(2); (d) a holder of a mining right or other subsurface right referred to in section 115 or a person exercising a right under subsection 113(3); and (e) a person authorized in writing by the band or by a by-law of the band. 1984, c. 18, s. 105; 2009, c. 12, s. 16; 2018, c. 4, s. 58
Naskapi and the Cree-Naskapi Commission Act — C-45.7 106
Public’s access to public facilities 106 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land. 1984, c. 18, s. 106; 2018, c. 4, s. 59
Naskapi and the Cree-Naskapi Commission Act — C-45.7 107
Matimekosh Reserve 107 Despite the Indian Act , a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement. 1984, c. 18, s. 107; 2018, c. 4, s. 59
Naskapi and the Cree-Naskapi Commission Act — C-45.7 108
Obstruction and trespass 108 (1) Every person who (a) unlawfully interferes with a person’s residence or access right under this Part, or (b) resides on, enters or remains on Category IA-N land otherwise than in accordance with a residence or access right under this Part is guilty of an offence. Other remedies preserved (2) Subsection (1) does not affect any right or remedy that, but for that subsection, would be available in respect of a contravention of section 101. 1984, c. 18, s. 108; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 109
Quebec retains bare ownership 109 (1) Quebec retains the bare ownership of Category IA-N land. Band’s rights — land and resources (2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof. 1984, c. 18, s. 109; 2018, c. 4, s. 60
Naskapi and the Cree-Naskapi Commission Act — C-45.7 110
Band ownership of soapstone deposits 110 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band. 1984, c. 18, s. 110; 2018, c. 4, s. 61
Naskapi and the Cree-Naskapi Commission Act — C-45.7 111
Band’s rights subject to provincial control 111 (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec). Where approval required at band meeting (2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter. Right of member of band (3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes. 1984, c. 18, s. 111; 2018, c. 4, s. 62
Naskapi and the Cree-Naskapi Commission Act — C-45.7 112
Gravel 112 Where it has obtained a permit pursuant to section 191.38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks. 1984, c. 18, s. 112; 2018, c. 4, s. 63
Naskapi and the Cree-Naskapi Commission Act — C-45.7 113
Mineral and subsurface rights 113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land. Consent and compensation requirements (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band. Exception (3) A holder of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title. (3.1) [Repealed, 2018, c. 4, s. 64] Where approval required at band meeting (4) The following require approval 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: (a) the giving by the band of the consent referred to in subsection (2); (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2). 1984, c. 18, s. 113; 2009, c. 12, s. 17; 2018, c. 4, ss. 64, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 115
Holders of prior rights or titles to minerals 115 A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his or her right or title. 1984, c. 18, s. 115; 2009, c. 12, s. 19; 2018, c. 4, s. 65
Naskapi and the Cree-Naskapi Commission Act — C-45.7 116
Manner in which rights must be exercised 116 (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes. (1.1) and (2) [Repealed, 2018, c. 4, s. 66] Manner in which rights must be exercised (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes. Compensation to band (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases. Procedure re replacement land (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require. 1984, c. 18, s. 116; 2009, c. 12, s. 20; 2018, c. 4, s. 66
Naskapi and the Cree-Naskapi Commission Act — C-45.7 117
117 (1) and (1.1) [Repealed, 2018, c. 4, s. 68] Certain pre-existing rights on IA-N land to continue until expiry (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period. (3) and (3.1) [Repealed, 2018, c. 4, s. 68] Previously held rights and interests (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band, (a) in Category IA-N land, (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or (c) in a building situated on land described in paragraph (a) or (b), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period. (5) and (5.1) [Repealed, 2018, c. 4, s. 68] Previous possession or occupation (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band, (a) Category IA-N land, (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or (c) a building owned by that band and situated on land described in paragraph (a) or (b), but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors. Certain restrictions applicable (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6). 1984, c. 18, s. 117; 2009, c. 12, s. 21; 2018, c. 4, s. 68
Naskapi and the Cree-Naskapi Commission Act — C-45.7 118
Definition of expropriating authority 118 In this Part, expropriating authority means (a) Quebec; or (b) any public body having the power of expropriation under the laws of the Province and specifically authorized by Quebec to carry out the expropriation in question.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 119
Expropriations 119 (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part. Quebec Expropriation Act (2) The Expropriation Act (Quebec) applies to expropriations under this Part, except to the extent that it is inconsistent with or in conflict with this Act, in which case this Act prevails to the extent of the inconsistency or conflict. 1984, c. 18, s. 119; 2018, c. 4, s. 69
Naskapi and the Cree-Naskapi Commission Act — C-45.7 120
Expropriation for public services or structures 120 (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures: (a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities; (b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services; (c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications; (d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and (e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province. Pipelines and transmission lines (2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if (a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on (i) Category III land, or (ii) [Repealed, 2018, c. 4, s. 70] (iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land. 1984, c. 18, s. 120; 2018, c. 4, s. 70
Naskapi and the Cree-Naskapi Commission Act — C-45.7 121
What may be expropriated 121 (1) Except as provided in subsections (2) and (3), an expropriating authority may expropriate only servitudes. Expropriation in full ownership where necessary (2) Where a service or structure mentioned in subsection 120(1) cannot be established without a taking of the full use and enjoyment of the Category IA-N land, the expropriating authority may expropriate the land in full ownership. Expropriation in full ownership required in certain cases (3) Where the expropriation of a servitude for the establishment of a service or structure mentioned in subsection 120(1) would effectively prevent the use or enjoyment by the band or its members of the land on which the service or structure is to be established, the expropriating authority may not expropriate the servitude in question but may only expropriate the land in full ownership. 1984, c. 18, s. 121; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 122
Band entitled to compensation 122 (1) Subject to section 123, the band is entitled to compensation from the expropriating authority in accordance with this section. Compensation in land (2) The band is entitled to be compensated with an equal area of land where the expropriation is for a purpose mentioned in paragraph 120(1)(d). Compensation in money (3) The band is entitled to be compensated in money in respect of an expropriation of a servitude for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the amount of compensation must be approved 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. Compensation in land or money or both (4) The band is entitled to be compensated with an equal area of land or in money, or partly with land and partly in money, at the band’s option, in respect of land expropriated in full ownership for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the type and amount of compensation must be approved 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. Compensation in money (5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec). 1984, c. 18, s. 122; 2018, c. 4, ss. 71, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 123
Where no compensation payable 123 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land. 1984, c. 18, s. 123; 2018, c. 4, s. 72
Naskapi and the Cree-Naskapi Commission Act — C-45.7 124
Services deemed to be of direct benefit 124 (1) For the purposes of section 123, the following services or structures shall be deemed to be of direct benefit under that section: (a) services expressly requested by the band from the expropriating authority; (b) essential services for the use of the members of the band as a community; (c) local services normally provided by a municipal or local government, including local roads, bridges, airports and other similar services; and (d) local services normally provided by a public utility. Statement on expropriation notice (2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land. Idem (3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land. Disputes referrable to Administrative Tribunal of Quebec (4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration. Burden of proof on expropriating authority (5) In any disagreement referred to in subsection (4), the burden of proof lies on the expropriating authority. Factors to be considered (6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band. 1984, c. 18, s. 124; 2018, c. 4, ss. 73, 122(E)