GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Naskapi and the Cree-Naskapi Commission Act — C-45.7 151
Regulations for establishment and maintenance of land registry system 151 The Governor in Council may make regulations for establishing and maintaining a land registry system, under the control and supervision of the Minister, for the registration of rights and interests in Category IA-N land and in buildings situated thereon, and, without restricting the generality of the foregoing, may make regulations respecting (a) the establishment and maintenance of land registry offices and their hours of operation; (b) the administration of the land registry system, including officers and employees and their powers and duties; (c) the procedure for registering rights and interests, including forms and fees; (d) the manner and form in which books and records are to be maintained by the land registry offices; (e) the effects of registering a right or interest, including priorities; (f) the registering of surveys of Category IA-N land; (g) the cancellation of instruments registered in the land registry system; and (h) the keeping by the land registry offices of non-registrable documents for the purpose of facilitating the management or administration of Category IA-N land or of buildings situated thereon. 1984, c. 18, s. 151; 2018, c. 4, ss. 86, 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 152
Duties of band 152 (1) The band shall deposit in the land registry office a copy of (a) every grant by the band made pursuant to section 132, (b) every authorization from the band referred to in subsection 111(2), (c) every grant by the band referred to in paragraph 113(4)(b), (d) every authorization by the band referred to in section 137, (e) every land use plan or resource use plan adopted pursuant to subsection 46(1), and (f) every zoning by-law made under section 47, together with evidence of the approval of the electors of the band where such is required by this Act. Validity not affected by non-compliance (2) Failure of the band to comply with subsection (1) does not affect the validity of the grant, authorization, plan or by-law in question. Deposit does not constitute registration (3) For greater certainty, the deposit of a document under subsection (1) does not constitute registration of that document. 1984, c. 18, s. 152; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 153
Rights and interests that the band may expropriate 153 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for (a) a right or interest of Canada or Quebec; (b) a right conferred by section 115; and (c) a servitude expropriated by an expropriating authority under Part VII. 1984, c. 18, s. 153; 2018, c. 4, s. 88
Naskapi and the Cree-Naskapi Commission Act — C-45.7 154
Acquisition by mutual agreement 154 The right of the band to expropriate pursuant to this Part does not restrict any right that the band has under this Act to acquire, by mutual agreement, rights or interests in land or buildings. 1984, c. 18, s. 154; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 155
Compensation 155 The band shall, subject to and in accordance with regulations made under section 156, pay compensation to holders of rights or interests expropriated pursuant to this Part. 1984, c. 18, s. 155; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 156
Regulations 156 The Governor in Council may make regulations respecting substantive or procedural aspects of expropriations permitted by this Part, including, without limiting the generality of the foregoing, regulations respecting (a) procedure governing expropriation, including the taking of possession, compulsory taking of possession and transfer of title; (b) entitlement to compensation, determination of the amount of compensation and the method for payment of compensation; and (c) contestation of (i) the right of the band to expropriate, (ii) the right of the expropriated party to compensation, and (iii) the amount of compensation. 1984, c. 18, s. 156; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 157
Interpretation 157 In this Part, Commission means the Cree-Naskapi Commission established by section 158; ( Commission ) 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 ) member means a member of the Commission; ( commissaire ) representation includes a complaint. ( Version anglaise seulement ) 1984, c. 18, s. 157; 2018, c. 4, s. 90
Naskapi and the Cree-Naskapi Commission Act — C-45.7
Commission means the Cree-Naskapi Commission established by section 158; ( Commission )
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
member means a member of the Commission; ( commissaire )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
representation includes a complaint. ( Version anglaise seulement )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 158
Cree-Naskapi Commission established 158 (1) There shall be a commission, to be known as the Cree-Naskapi Commission, consisting of a maximum of three individuals appointed by the Governor in Council on the recommendation of the Cree Nation Government and the Naskapi band. Chairman (2) The Governor in Council shall designate one member of the Commission as Chairman. 1984, c. 18, s. 158; 2018, c. 4, s. 91
Naskapi and the Cree-Naskapi Commission Act — C-45.7 159
Eligibility 159 A council member, officer, employee or agent of a Cree First Nation or the Naskapi band is not eligible to be appointed or to continue to serve as a member of the Commission. 1984, c. 18, s. 159; 2018, c. 4, s. 92
Naskapi and the Cree-Naskapi Commission Act — C-45.7 160
Term of office 160 (1) Except as provided by subsection (3), a member shall be appointed for a term of two years. Tenure (2) A member may be removed for cause. Vacancy (3) Where a member dies or resigns or is removed for cause, a new member shall be appointed for the duration of the unexpired term of the former member. Eligibility for re-appointment (4) A member is eligible for re-appointment on the expiration of his term of office. Temporary substitute member (5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Nation Government and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council. Remuneration of members (6) Members of the Commission shall be paid such remuneration as is fixed by the Governor in Council. 1984, c. 18, s. 160; 2018, c. 4, s. 93
Naskapi and the Cree-Naskapi Commission Act — C-45.7 161
Head office 161 The head office of the Commission shall be in the City of Val d’Or, Quebec or at such other place as the Governor in Council, on the recommendation of the Cree Nation Government and the Naskapi band, may designate. 1984, c. 18, s. 161; 2018, c. 4, s. 94
Naskapi and the Cree-Naskapi Commission Act — C-45.7 162
Staff 162 (1) The Commission may, with the approval of the Treasury Board, employ or engage such officers, employees and agents as are necessary for the proper conduct of the work of the Commission. Remuneration of staff (2) Persons employed or engaged under subsection (1) shall be paid such remuneration as is fixed by the Commission with the approval of the Treasury Board. Not part of federal public administration (3) The members of the Commission and persons employed or engaged under subsection (1) are not part of the federal public administration by reason only of such membership, employment or engagement. Financial (4) The remuneration of the members of the Commission and of persons employed or engaged under subsection (1) shall be paid out of money appropriated by Parliament for that purpose. 1984, c. 18, s. 162; 2003, c. 22, s. 224(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 163
Quorum 163 (1) A quorum of the Commission consists of all members. Majority (2) Decisions of the Commission shall be made by majority vote, except as provided in section 164. Rules (3) The Commission may make rules for the conduct of its business.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 164
Commission may delegate its powers 164 The Commission may, by unanimous decision of its members, delegate its powers or duties, except the power referred to in subsection 163(3), to one or more of its members. 1984, c. 18, s. 164; 2018, c. 4, s. 95
Naskapi and the Cree-Naskapi Commission Act — C-45.7 165
Duties of Commission 165 (1) Subject to subsections (2) and (3), the Commission shall (a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and (b) with respect to Cree beneficiaries , as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act , investigate any representation submitted to it relating to the implementation of the Agreement , as defined in subsection 2(1) of that Act and the Cree Constitution , as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution. Exception (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced. Commission’s discretion (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied (a) that the representation has not been made in good faith; (b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation; (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued. Commission to state grounds for refusal (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based. 1984, c. 18, s. 165; 2018, c. 4, s. 96
Naskapi and the Cree-Naskapi Commission Act — C-45.7 166
Notice of investigation 166 (1) Where the Commission decides to investigate a representation, it shall forthwith give notice to (a) the person who made the representation; (b) the Naskapi band or each Cree First Nation referred to in the representation; (c) any person whose misconduct is alleged in the representation; (d) in the case of a representation referred to in paragraph 165(1)(a), the Minister; and (e) the Cree Nation Government, if it is referred to in the representation. Privacy of hearings (2) An investigation by the Commission under this Part shall be conducted in private unless the Commission is satisfied that the public conduct of the investigation would not be prejudicial to the interests of any person, in which case it may order the investigation to be conducted in whole or in part in public. Identity of person who made representation (3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170. 1984, c. 18, s. 166; 2009, c. 12, s. 24; 2018, c. 4, s. 97
Naskapi and the Cree-Naskapi Commission Act — C-45.7 167
Commission may request evidence 167 The Commission, where it deems it necessary in the conduct of an investigation under this Part, may request any person to appear before it, give evidence and produce documents and things, but such a person is under no obligation to comply with the request, and the Commission has no power of subpoena.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 168
Protection against negative findings 168 The Commission shall not make any negative finding against a person unless it has given him reasonable notice of his alleged misconduct that might form the subject of such a finding and has allowed him an opportunity to be heard in person or by counsel.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 169
Protection of members of Commission 169 (1) No action lies against the Commission, any member thereof, or any person holding an office or appointment under the Commission, for anything done or reported or said in the course of the exercise or intended exercise of his official functions, unless it is shown that he acted in bad faith. Protection of witnesses (2) In the absence of malice, no action for defamation lies against a person for testimony that he has given under oath before the Commission.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 170
Report of investigation 170 At the conclusion of an investigation under this Part, the Commission shall prepare a report stating its findings, conclusions and recommendations in respect of the matter investigated, and shall forthwith send copies of the report to the persons referred to in subsection 166(1) and to any person against whom the Commission has made a negative finding.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 172
Inquiry into the functioning of the Commission 172 (1) Within six months after the fifth anniversary of the coming into force of this Part, the Governor in Council shall appoint a person or persons to inquire into the powers, duties and operation of the Commission. Report to be tabled in Parliament (2) The person or persons appointed under subsection (1) shall, within six months after being appointed, submit a report to the Minister, containing such recommendations as they consider appropriate, and the Minister shall cause the report to be laid before each House of Parliament on any of the first ten days on which that House is sitting after the day the Minister receives it.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 173
Application of Part 173 This Part applies only in respect of the succession of a Naskapi beneficiary who dies after the coming into force of this Part and who, at the time of his or her death, was domiciled on Category IA-N land. 1984, c. 18, s. 173; 2018, c. 4, s. 99
Naskapi and the Cree-Naskapi Commission Act — C-45.7 174
Definitions 174 In this Part, child includes an adopted child, where the adoption (a) was done in accordance with, or is recognized by, the laws of the Province, or (b) was done in accordance with Naskapi custom; ( enfant ) consort means one of two consorts; ( Version anglaise seulement ) consorts means two persons (a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province, (b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or (c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoints ) family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; ( conseil de famille ) traditional property means (a) all movable property, excluding money, normally used in the exercise of the right to harvest referred to in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), other than movable property used in commercial fishing, and includes, without limiting the generality of the foregoing, vehicles, boats, motors, guns, traps and camping equipment, and (b) animal products or by-products that are the product of the exercise of the right to harvest described in paragraph (a). ( biens traditionnels ) 1984, c. 18, s. 174; 2018, c. 4, s. 100
Naskapi and the Cree-Naskapi Commission Act — C-45.7 (a)
child includes an adopted child, where the adoption (a) was done in accordance with, or is recognized by, the laws of the Province, or (b) was done in accordance with Naskapi custom; ( enfant )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
consort means one of two consorts; ( Version anglaise seulement )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 (a)
consorts means two persons (a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province, (b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or (c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoints )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; ( conseil de famille )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 (a)
traditional property means (a) all movable property, excluding money, normally used in the exercise of the right to harvest referred to in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), other than movable property used in commercial fishing, and includes, without limiting the generality of the foregoing, vehicles, boats, motors, guns, traps and camping equipment, and (b) animal products or by-products that are the product of the exercise of the right to harvest described in paragraph (a). ( biens traditionnels )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 175
Lawful heirs on intestate succession 175 For purposes of intestate succession, a surviving consort and a surviving child are included in the class of lawful heirs of a deceased Naskapi beneficiary. 1984, c. 18, s. 175; 2018, c. 4, s. 101
Naskapi and the Cree-Naskapi Commission Act — C-45.7 176
Valid forms of wills 176 (1) The following constitute valid wills: (a) an instrument that is a valid will under the laws of the Province; and (b) an instrument accepted by the Minister as a will pursuant to subsection (2). Wills accepted by Minister (2) The Minister may accept as a will any written instrument signed by a Naskapi beneficiary, or bearing his or her mark, in which he or she indicates his or her wishes or intention with respect to the disposition of his or her property on his or her death. 1984, c. 18, s. 176; 2018, c. 4, s. 102
Naskapi and the Cree-Naskapi Commission Act — C-45.7 177
Article 599a of Civil Code not applicable 177 Deeds relating to the acceptance, renunciation or settlement of (a) a succession composed wholly or partly of movable, immovable or traditional property located on Category IA-N land, or (b) a succession in which persons suffering legal incapacity are interested are not required to be made in authentic form as required by Article 599a of the Civil Code of Lower Canada , but must be in the form prescribed under this Act. 1984, c. 18, s. 177; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 178
Representation of minor heirs 178 (1) Where a Naskapi beneficiary who is a minor under the laws of the Province and ordinarily resident on Category IA-N land, inherits movable or immovable property by virtue of a testamentary or an intestate succession, the parents of that beneficiary are the legal guardians of that property. Legal guardians (2) Legal guardians by virtue of subsection (1) shall act jointly, except where one of them is deceased or under a legal incapacity or fails for any reason to act within a reasonable time, in which case the other may act alone. 1984, c. 18, s. 178; 2018, c. 4, s. 103
Naskapi and the Cree-Naskapi Commission Act — C-45.7 179
Vacant succession 179 Where a Naskapi beneficiary dies leaving no lawful heirs or where all the heirs renounce the succession, the deceased’s movable and immovable property become the property of the band, unless the band renounces such succession, in which case it shall be dealt with as a vacant succession. 1984, c. 18, s. 179; 2018, c. 4, s. 104
Naskapi and the Cree-Naskapi Commission Act — C-45.7 180
Intestacy 180 On an intestacy of a Naskapi beneficiary, a majority of the lawful heirs may appoint the band to administer or provide for the administration of the succession (except as regards traditional property), in which case the band may charge a fee for its services. 1984, c. 18, s. 180; 2018, c. 4, s. 104
Naskapi and the Cree-Naskapi Commission Act — C-45.7 181
Disposition of traditional property on intestacy 181 (1) Where a Naskapi beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his or her death to decide on the disposition of his or her traditional property. Powers of family council (2) The family council referred to in subsection (1) may dispose of the deceased’s traditional property in accordance with its decision, and may appoint a willing individual to administer the deceased’s estate accordingly. 1984, c. 18, s. 181; 2018, c. 4, s. 105
Naskapi and the Cree-Naskapi Commission Act — C-45.7 182
Composition of family council 182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons: (a) his surviving consort, if any; (b) any surviving children of the age of majority and the legal representatives of any surviving minor children; and (c) any surviving parent. Where no survivors in immediate family (2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act . 1984, c. 18, s. 182; 2018, c. 4, s. 106(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 183
Where family council deadlocked 183 Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision. 1984, c. 18, s. 183; 2018, c. 4, s. 107
Naskapi and the Cree-Naskapi Commission Act — C-45.7 184
Circumstances in which band council acts as the family council 184 (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision. Idem (2) Where, on the death of a Naskapi beneficiary, (a) the deceased leaves no surviving relatives, (b) for any reason a family council cannot be formed, or (c) the family council has not met within one year after the deceased’s death, the council of the band shall act as the deceased’s family council. 1984, c. 18, s. 184; 2018, c. 4, s. 108
Naskapi and the Cree-Naskapi Commission Act — C-45.7 185
Effect of disposition 185 A disposition of any traditional property of a deceased Naskapi beneficiary by the deceased’s family council pursuant to this Part passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient. 1984, c. 18, s. 185; 2018, c. 4, s. 109(E)