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Cree Nation of Eeyou Istchee Governance Agreement Act
Enactment of Act
Cree-Naskapi (of Quebec) Act
Amendments to the Act
Terminology
Transitional Provisions, Related and Consequential Amendments and Coordinating Amendments
Transitional Provisions
Related Amendment to the Modernization of Benefits and Obligations Act
Consequential Amendments
Veterans’ Land Act
Access to Information Act
Expropriation Act
Canada Lands Surveys Act
Payments in Lieu of Taxes Act
National Energy Board Act
Privacy Act
Specific Claims Tribunal Act
Coordinating Amendments
First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
STATUTES OF CANADA 2018
CHAPTER 4
An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts
ASSENTED TO
March 29, 2018
BILL C-70
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts”.
SUMMARY
This enactment gives effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada. It amends the Cree-Naskapi (of Quebec) Act to reduce the administrative burden related to the internal governance of the Naskapi, to ensure that the Act no longer applies to the Crees of Eeyou Istchee and to make changes to certain aspects of the mandate of the Cree-Naskapi Commission to take into account the Agreement. It also makes related and consequential amendments to other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca
TABLE OF PROVISIONS
An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts
 
PART 1 
Cree Nation of Eeyou Istchee Governance Agreement Act
Enactment of Act
1 
Enactment
An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada
Preamble
Short Title
1 
Cree Nation of Eeyou Istchee Governance Agreement Act
Interpretation
2 
Definitions
Agreement
3 
Agreement given effect
4 
James Bay and Northern Quebec Agreement prevails
5 
Agreement prevails
6 
Act prevails
Constitution and Cree Laws
7 
Cree Constitution
8 
Cree law
Cree First Nations
9 
Continuation of Cree bands
Application of Other Acts
10 
Statutory Instruments Act
11 
Indian Act
12 
Non-application of certain Acts
Tax and Seizure Exemptions
13 
Continuation of exemptions
14 
Interpretation
15 
Property exempt from taxation
16 
Interpretation
17 
Property exempt from seizure, etc.
18 
Property deemed situated on Category IA land
19 
Property deemed to be property of a Cree First Nation
20 
Waiver of exemption
General
21 
Judicial notice — Agreement
22 
Judicial notice — Cree law
23 
Notice to Cree First Nation
24 
Inuit of Chisasibi
25 
Orders and regulations
PART 2 
Cree-Naskapi (of Quebec) Act
Amendments to the Act
2 
Amendments
Terminology
122 
Replacement of “a band” with “the band”
123 
Replacement of “IA or IA-N” with “IA-N”
PART 3 
Transitional Provisions, Related and Consequential Amendments and Coordinating Amendments
Transitional Provisions
124 
Cree-Naskapi Commission’s report to Parliament
Related Amendment to the Modernization of Benefits and Obligations Act
125 
Related Amendment
Consequential Amendments
126 
Veterans’ Land Act
127 
Access to Information Act
128 
Expropriation Act
129 
Canada Lands Surveys Act
130 
Payments in Lieu of Taxes Act
131 
National Energy Board Act
132 
Privacy Act
133 
Specific Claims Tribunal Act
Coordinating Amendments
134 
2009, c. 23
135 
Bill — Impact Assessment, Canadian Energy Regulator and Navigation Protection
64-65-66-67 Elizabeth II
CHAPTER 4
An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts
[Assented to 29th March, 2018]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 
Cree Nation of Eeyou Istchee Governance Agreement Act
Enactment of Act
Enactment
1 The Cree Nation of Eeyou Istchee Governance Agreement Act is enacted as follows:
An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada
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;
Whereas that agreement was signed by the parties on July 18,2017;
And whereas ratification of that agreement requires the coming into force of an Act of Parliament that gives effect to that agreement;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Cree Nation of Eeyou Istchee Governance Agreement Act.
Interpretation
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.
Agreement
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.
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.
Agreement prevails
5 The Agreement prevails over this Act to the extent of any inconsistency or conflict between them.
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.
Constitution and Cree Laws
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 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 First Nations
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.
Application of Other Acts
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.
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.
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.
Tax and Seizure Exemptions
Continuation of exemptions
13 Subject to section 9 of the James Bay and Northern Quebec Agreement, the tax and seizure exemptions regimes set out in sections 187 to 193 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 comes into force, continue to apply as provided in sections 14 to 20.
Interpretation
14 (1) In this section and section 15, Indian means
(a) in subsection (2), a Cree beneficiary who is an Indian as defined in the Indian Act; and
(b) in section 15, an Indian as defined in the Indian Act.
Idem
(2) For the purposes of this section and section 15, personal property
(a) that became the property of a Cree First Nation by virtue of section 13 or 13.‍1 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 comes into force, and had been purchased by Canada with money appropriated by Parliament,
(b) that is purchased by Canada, after July 3,1984, with money appropriated by Parliament for the use and benefit of Indians or Cree First Nations, or
(c) that is given, after July 3,1984, to Indians or to a Cree First Nation under a treaty or agreement between a Cree First Nation and Canada
shall be deemed always to be situated on Category IA land.
Property exempt from taxation
15 (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.‍2(1)‍(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.‍15 of the Agreement, the following property is exempt from taxation:
(a) the interest of an Indian or a Cree First Nation in Category IA land; and
(b) the personal property of an Indian or a Cree First Nation situated on Category IA land.
Ownership, occupation, etc.‍, of exempt property
(2) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.‍2(1)‍(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.‍15 of the Agreement,
(a) no Indian or Cree First Nation 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.
Interpretation
16 In sections 17 to 20, Indian means an Indian as defined in the Indian Act.
Property exempt from seizure, etc.
17 (1) Subject to this section and sections 18 to 20, movable and immovable property situated on Category IA land and belonging to a Cree beneficiary or an Indian ordinarily resident on Category IA land, and any right or interest of such a person in Category IA 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 Cree beneficiary, a Cree First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land.
Property exempt from seizure, etc.
(2) Subject to this section and sections 18 to 20, movable and immovable property situated on Category IA land and belonging to a Cree First Nation 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 Cree beneficiary, a Cree First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land.
Idem
(3) The right or interest of a Cree First Nation in its Category IA 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 land of a person other than a Cree beneficiary or a Cree First Nation, or the immovable property of such person situated on Category IA land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Cree beneficiary or a Cree First Nation, except where the Cree First Nation 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 Cree beneficiary,
(b) an Indian ordinarily resident on Category IA land, or
(c) a Cree First Nation
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 land.
Property deemed situated on Category IA land
18 For the purposes of section 17, movable property
(a) that became the property of a Cree First Nation by virtue of section 13 or 13.‍1 of the Cree-Naskapi (of Quebec) Act as it read immediately before the day on which section 3 comes into force, and had been purchased with money appropriated by Parliament,
(b) that is purchased after July 3,1984 with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries, or Cree First Nations, or
(c) that is, after July 3,1984, provided to Cree beneficiaries or a Cree First Nation under a treaty or agreement between a Cree First Nation and Canada
shall be deemed always to be situated on Category IA land.
Property deemed to be property of a Cree First Nation
19 Where a Cree First Nation has, pursuant to paragraph 11A.‍0.‍6 or 11.‍2.‍6, as the case may be, of the James Bay and Northern Quebec Agreement, delegated to the Cree Nation Government the power to coordinate and administer a program, movable property that
(a) is necessary for the coordination or administration of that program,
(b) is owned by the Cree Nation Government, and
(c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries or Cree First Nations
shall, for the purposes of section 17, be deemed always to be the property of the Cree First Nation for whose use and benefit it was purchased.
Waiver of exemption
20 (1) A Cree beneficiary or an Indian ordinarily resident on Category IA land may, in writing, waive the exemption conferred by subsection 17(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 land, the consent of the Cree First Nation must be obtained to the waiver and the terms and conditions thereof in accordance with the Cree Constitution.
Waiver by Cree First Nation
(2) A Cree First Nation may, in writing, waive the exemption conferred by subsection 17(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 in accordance with the Cree Constitution.
General
Judicial notice — Agreement
21 (1) Judicial notice must be taken of the Agreement.
Publication
(2) The Agreement must be published by the Queen’s Printer.
Evidence
(3) A copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.
Judicial notice — Cree law
22 (1) Judicial notice must be taken of any Cree law.
Evidence
(2) A copy of any Cree law that is certified to be a true copy by a person authorized by the Cree First Nation that made the law or the Cree Nation Government, as the case may be, is evidence of that law and of its contents, without proof of the signature or official character of the person appearing to have signed it, unless the contrary is shown.
Notice to Cree First Nation
23 (1) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of a provision of a Cree First Nation law, then the issue must not be decided until the party raising the issue has served notice on the Cree First Nation.
Notice to Cree Nation Government
(2) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of the Agreement, the James Bay and Northern Quebec Agreement, this Act or a Cree Nation Government law, then the issue must not be decided until the party raising the issue has served notice on the Cree Nation Government.
Content and timing
(3) The notice must clearly state the contentions the person intends to assert and the grounds on which they are based and be served at least 30 days before the case is ready for trial. The notice must be accompanied by all pleadings already filed in the record.
Participation in proceedings
(4) The Cree First Nation or the Cree Nation Government, as the case may be, becomes a party to the proceeding without further formality and may submit conclusions to the court or tribunal, in which case the court or tribunal must rule on them.
Waiver
(5) Only the Cree First Nation or the Cree Nation Government, as the case may be, may waive the notice period referred to in subsection (3).
Inuit of Chisasibi
24 (1) For any period during which the council of the Cree Nation of Chisasibi does not include an Inuk of Chisasibi, the Inuit of Chisasibi are entitled to have one Inuk of Chisasibi present as an observer at meetings of that council.
Regulations – Inuk observer
(2) The Governor in Council may make regulations respecting the manner of selection and term and tenure of the Inuk observer referred to in subsection (1).
Rights of Inuk observer
(3) The Inuk observer referred to in subsection (1) shall be notified of, and has the right to attend, all council meetings, and has the right to participate in the deliberations of the council, as if he or she were a council member, but he or she does not have the right to vote.
Orders and regulations
25 The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Agreement.
PART 2 
1984, c. 18
Cree-Naskapi (of Quebec) Act
Amendments to the Act
2 The long title of the Cree-Naskapi (of Quebec) Act is replaced by the following:
An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category IA-N land and respecting the Cree-Naskapi Commission
3 The preamble to the Act is replaced by the following:
Preamble
Whereas the Government of Canada is obligated, pursuant to section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Naskapi local government, for the administration, management and control of Category IA-N land by the Naskapi band, and for the protection of certain individual and collective rights under the said agreement;
And whereas this Act is not intended to preclude the Naskapi from benefitting from future legislative or other measures respecting Indian government in Canada that are not incompatible with the said agreement;
4 Section 1 of the Act is replaced by the following:
Short title
1 This Act may be cited as the Naskapi and the Cree-Naskapi Commission Act.
2009, c. 12, s. 1
5 (1) The definitions Agreements, Category IA land, Category II land, Cree band, Cree beneficiary, Cree Regional Authority, Inuk of Fort George or Inuit of Fort George, James Bay and Northern Quebec Agreement, Naskapi band and Oujé-Bougoumou Band Complementary Agreement in subsection 2(1) of the Act are repealed.
2009, c. 12, s. 1(1)
(2) The definitions band, Category III land, chief, council member, elector and member in subsection 2(1) of the Act are replaced by the following:
band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14; (bande ou bande naskapie)
Category III land means the land established as Category III land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie III)
chief means the person holding the office of chief of the band pursuant to Part II; (chef)
council member means the chief or a councillor of the band; (membre du conseil)
elector means a member of the band who is 18 years of age or over and not under curatorship under the laws of the Province; (électeur)
member means a member of the band as provided in section 20; (membre)
(3) Paragraph (a) of the definition Category IA-N land in subsection 2(1) of the Act is replaced by the following:
(a) until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4.‍4 and 5 of the Northeastern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 394-81 of February 12,1981, pursuant to sections 191.‍3 and 191.‍5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) for the exclusive use and benefit of the Indian Act Naskapis de Schefferville band, and accepted by Canada by Canada Order in Council P.‍C. 1981-809 of March 26,1981,
(4) Paragraph (b) of the definition Category IA-N land in subsection 2(1) of the English version of the Act is replaced by the following:
(b) after the transfer to Canada by Quebec by final deed for the exclusive use and benefit of the Naskapi band pursuant to sections 4.‍4 and 5 of the Northeastern Quebec Agreement and section 191.‍6 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed,
(5) The definition Naskapi Development Corporation in subsection 2(1) of the English version of the Act is replaced by the following:
Naskapi Development Corporation means the Naskapi Development Corporation established by the Act respecting the Naskapi Development Corporation (Quebec); (Société de développement des Naskapis)
(6) The definitions assemblée extraordinaire and personne morale or personalité morale in subsection2(1) of the French version of the Act are replaced by the following:
assemblée extraordinaire L’assemblée de la bande mentionnée aux articles 83 à 88.‍ (special band meet­ing)
personne morale ou personnalité morale S’entendent au sens de « corporation » dans la Convention du Nord-Est québécois.‍ (French version only)
(7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
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)
(8) Subsection 2(2) of the Act is replaced by the following:
Indian Act band
(2) A reference in this Act to Indian Act band is a reference to band within the meaning of the Indian Act.
6 Section 5 of the Act is replaced by the following:
Application of Indian Act
5 Except for the purpose of determining which of the Naskapi beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to the band, nor does it apply on or in respect of Category IA-N land.
7 The heading before section 6 of the French version of the Act is replaced by the following:
Règlements administratifs et résolutions de la bande
8 Sections 6 to 8 of the Act are replaced by the following:
Territorial limits of band by-laws
6 A by-law of the band made under this Act may have application within the following territorial limits:
(a) the band’s Category IA-N land; and
(b) Category III land situated within the perimeter of the band’s Category IA-N land and the ownership of which was ceded by letters patent or by any other method prior to January 31,1978.
By-law may require licence or permit
7 A by-law of the band made under this Act may require the holding of a licence or permit and may provide for the issuance thereof and the fees therefor.
By-law may prohibit activities
8 A by-law of the band made under this Act may prohibit an activity.
2009, c. 12, s. 2
9 The heading before section 9.‍1 and sections 9.‍1 to 9.‍3 of the Act are repealed.
10 (1) Subsection 11(1) of the Act is replaced by the following:
Incorporation by reference of provincial laws
11 (1) For the purpose of applying the portion of paragraph 5.‍1.‍13 of the Northeastern Quebec Agreement dealing with the leasing of lands and the granting of real rights to non-Natives, the Governor in Council may make regulations for the purpose of making provincial law in force in the Province applicable to leasehold interests or other real rights in Category IA-N land granted to non-beneficiaries for periods exceeding five years, including any renewal thereof.
(2) Paragraphs 11(2)‍(a) to (d) of the Act are replaced by the following:
(a) a Naskapi beneficiary;
(b) a corporation or other body established pursuant to the Northeastern Quebec Agreement;
(c) a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or
(d) a corporation or other body in which Naskapi beneficiaries participate, as shareholders or members or otherwise, and that is prescribed.
11 The heading of Part I of the French version of the Act is replaced by the following:
Administration locale
2009, c. 12, s. 3 and 4
12 The heading “Incorporation of Bands” before section 12 and sections 12 to 15 of the Act are replaced by the following:
Band Name
Naskapi Nation of Kawawachikamach
14 (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3,1984, is continued as the same legal entity bearing the following names, subject to section 16:
(a) Naskapi Nation of Kawawachikamach, in English;
(b) Nation naskapie de Kawawachikamach, in French; and
(c) Naskapi Eeyouch Kawawachikamach, in Naskapi.
Name
(2) The band may be designated by any of its names mentioned in paragraphs (1)‍(a) to (c).
13 Subsection 16(1) of the Act is replaced by the following:
Change of band name
16 (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.
2009, c. 12, s. 6
14 The heading before section 17 and sections 17 to 20 of the Act are replaced by the following:
Membership of Band
Membership of band
20 The members of the band are the Naskapi beneficiaries.
15 Paragraphs 20.‍1(a) to (c) of the Act are replaced by the following:
(a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)‍(a) and (b) and subsections 94(3) and (4) and 103(1);
(b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)‍(a)‍(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and
(c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.
16 The heading before section 21 of the English version of the Act is replaced by the following:
Objects and Powers of Band
17 (1) The portion of section 21 of the English version of the Act before paragraph (a) is replaced by the following:
Objects of band
21 The objects of the band are
(2) Paragraph 21(a) of the Act is replaced by the following:
(a) to act as the local government authority on its Category IA-N land;
(3) Paragraphs 21(b) to (d) of the English version of the Act are replaced by the following:
(b) to use, manage, administer and regulate its Category IA-N land and the natural resources thereof;
(c) to control the disposition of rights and interests in its Category IA-N land and in the natural resources thereof;
(d) to regulate the use of buildings on its Category IA-N land;
(4) Paragraphs 21(h) to (j) of the Act are replaced by the following:
(h) to establish and administer services, programs and projects for members of the band and other residents of Category IA-N land and residents of the Category III land referred to in paragraph 6(b);
(i) to promote and preserve the culture, values and traditions of the Naskapi; and
(j) to exercise the powers and carry out the duties conferred or imposed on the band or on its predecessor Indian Act band by any Act of Parliament or regulations made thereunder, and by the Northeastern Quebec Agreement.
18 (1) Subsection 22(1) of the English version of the Act is replaced by the following:
Legal capacity of band
22 (1) The band has, subject to this Act and the regulations, the capacity, rights, powers and privileges of a natural person.
(2) Subparagraph 22(2)‍(a)‍(ii) of the English version of the Act is replaced by the following:
(ii) its buildings or other immovable assets on its Category IA-N land; or
(3) Paragraph 22(2)‍(b) of the English version of the Act is replaced by the following:
(b) the provision of public services to or in respect of its Category IA-N land or residents thereof.
19 (1) Subsection 23(1) of the Act is replaced by the following:
Band may not be continued under Canada Business Corporations Act
23 (1) Section 268 of the Canada Business Corporations Act does not apply to the band.
2009, c. 23, s. 352
(2) Subsection 23(2) of the Act is replaced by the following:
Acts not applicable to band
(2) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the band.
20 Section 24 of the Act is replaced by the following:
Head office of band
24 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.
21 Sections 27 and 28 of the English version of the Act are replaced by the following:
Resolutions and by-laws
27 The council shall act by resolution, except where required to act by by-law.
Chief
28 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.
22 Subsection 29(1) of the English version of the Act is replaced by the following:
Deputy chief
29 (1) One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)‍(a).
23 Sections 31 and 32 of the Act are replaced by the following:
Use of Naskapi language at council meetings
31 In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language.
Language of by-laws and resolutions
32 (1) A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.
Versions adopted in more than one language
(2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.
24 Subsection 33(1) of the English version of the Act is replaced by the following:
Quorum of council
33 (1) Except as provided in subsection (2), a quorum of the council consists of a majority of the number of positions of council member, subject to subsection 38(5).
25 Subsection 35(1) of the English version of the Act is replaced by the following:
Voting
35 (1) The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).
26 Section 36 of the Act is repealed.
27 Subsection 37(1) of the English version of the Act is replaced by the following:
When council must meet
37 (1) The council shall meet at least once in every calendar quarter.
28 Subsection 38(7) of the Act is repealed.
29 Section 43 of the English version of the Act is replaced by the following:
Duties of band treasurer
43 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.
30 (1) The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:
Power to make by-laws respecting local government
45 (1) Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting
(2) Subparagraph 45(1)‍(h)‍(ii) of the English version of the Act is replaced by the following:
(ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,
31 (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
By-laws re land and resource use and planning
46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting
(2) Paragraphs 46(1)‍(a) to (c) of the English version of the Act are replaced by the following:
(a) the inventory, use and management of its Category IA-N land and the natural resources thereof;
(b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and
(c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.
32 (1) Paragraph 48(1)‍(a) of the Act is replaced by the following:
(a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);
(2) Paragraphs 48(1)‍(c) and (d) of the Act are replaced by the following:
(c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and
(d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.‍1 of that Act.
(3) Subsection 48(2) of the Act is replaced by the following:
Proposed by-laws to be submitted to Coordinating Committee
(2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.
33 The Act is amended by adding the following after section 48:
By-laws — ticketing scheme
48.‍1 (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.
Agreement with Government of Quebec
(2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.
34 Subsection 50(1) of the Act is replaced by the following:
Original to be signed
50 (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.
35 Subsection 52(1) of the Act is replaced by the following:
Posting of by-laws
52 (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.
2009, c. 12, ss. 7,8 and 9
36 The heading “Cree Transitional Provisions” before section 58 and sections 58 to 62.‍3 of the Act are replaced by the following:
Existing council of Indian Act Naskapi band
61 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.
Provisions of this Act to apply
62 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act.
37 Subsection 63(1) of the Act is replaced by the following:
Each elector entitled to vote
63 (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)‍(a).
38 (1) The portion of section 68 of the English version of the Act before paragraph (a) is replaced by the following:
Eligibility to be elected council member
68 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she
(2) Paragraph 68(f) of the Act is replaced by the following:
(f) resides on the Matimekosh Reserve.
39 (1) Subparagraph 69(b)‍(vi) of the Act of the Act is replaced by the following:
(vi) is under curatorship under the laws of the Province;
(2) Paragraph 69(d) of the Act is replaced by the following:
(d) the office-holder resides on the Matimekosh Reserve; or
40 Section 71 of the English version of the Act is replaced by the following:
Returning Officers
71 (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office.
Deputy and Assistant Returning Officers
(2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties.
Absence, etc.‍, of Returning Officer
(3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer.
Absence, etc.‍, of both Returning Officer and Deputy Returning Officer
(4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer.
41 Paragraph 73(c) of the Act is replaced by the following:
(c) is under curatorship under the laws of the Province.
42 Subsection 78(1) of the English version of the Act is replaced by the following:
Contestation of election
78 (1) Any candidate for election as council member or any 15 electors of the band may, within five days of the day of any election held by the band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer a written notice to that effect.
43 Section 80 of the Act is replaced by the following:
Use of Naskapi language
80 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language.
44 Section 81 of the English version of the Act is replaced by the following:
Each elector may vote
81 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum.
45 The heading of Part IV of the English version of the Act is replaced by the following:
Financial Administration
2009, c. 12, s. 10
46 Paragraph 90(2)‍(c) of the Act is replaced by the following:
(c) send a copy of it to the Minister.
2009, c. 12, s. 11
47 (1) The portion of subsection 91(2) of the Act before paragraph (a) is replaced by the following:
Access to books and records
(2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the band, and a person is guilty of an offence who
2009, c. 12, s. 11
(2) Subsection 91(2.‍1) of the Act is repealed.
2009, c. 12, s. 12
48 Subsections 93(5) and (5.‍1) of the Act are replaced by the following:
If band fails to act
(5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration.
Notice to the band
(5.‍1) The Minister shall inform the band in writing of the appointment.
2009, c. 12, s. 13
49 Subsection 94(2) of the Act is replaced by the following:
Where report delayed
(2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band and the Minister of the reasons for the delay.
50 Subsection 97(2) of the Act is replaced by the following:
Long-term borrowing
(2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter.
51 Section 98 of the Act is replaced by the following:
Regulations re long-term borrowing
98 The Governor in Council may make regulations respecting long-term borrowing by the band.
52 Section 99 of the Act is replaced by the following:
By-laws re contracts and tenders
99 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement.
2009, c. 12, s. 14(1)
53 (1) Subsection 100(1) of the Act is replaced by the following:
When administrator may be appointed
100 (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of the band are in serious disorder, the Minister may give written notice to the band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing.
2009, c. 12, s. 14(2)
(2) Subsection 100(3) of the Act is replaced by the following:
Appointment of administrator
(3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band.
54 The heading of Part V of the Act is replaced by the following:
Residence and Access Rights on Category IA-N Land
55 Subsection 102(2) of the Act is replaced by the following:
By-laws respecting the exercise of residence and access rights
(2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)‍(a) or an authorization of access under paragraph 105(5)‍(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right.
56 (1) The portion of subsection 103(1) of the Act before paragraph (a) is replaced by the following:
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:
(2) Paragraph 103(1)‍(a) of the English version of the Act is replaced by the following:
(a) a member of the band;
(3) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:
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:
(4) Paragraphs 103(2)‍(a) and (b) of the English version of the Act are replaced by the following:
(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;
(5) Paragraph 103(2)‍(d) of the English version of the Act is replaced by the following:
(d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band.
(6) Subsection 103(3) of the Act is replaced by the following:
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.
2009, c. 12, s. 15
57 Section 104 of the Act is replaced by the following:
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.
2009, c. 12, s. 16(1)
58 (1) Subsections 105(1) to (3) of the Act are repealed.
(2) Paragraph 105(4)‍(d) of the Act is replaced by the following:
(d) a person deemed by paragraph 20.‍1(a) to be a member of the band.
(3) The portion of subsection 105(5) of the Act before paragraph (a) is replaced by the following:
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:
(4) Paragraph 105(5)‍(b) of the English version of the Act is replaced by the following:
(b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon;
2009, c. 12, s. 16(2)
(5) Paragraph 105(5)‍(d) of the Act is replaced by the following:
(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
59 Sections 106 and 107 of the Act are replaced by the following:
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.
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.
60 Section 109 of the Act and the heading of Part VI before it are replaced by the following:
Rights of Band, Quebec and Others in Relation to Category IA-N Land
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.
61 Section 110 of the Act is replaced by the following:
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.
62 Section 111 of the Act is replaced by the following:
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.
63 Section 112 of the Act is replaced by the following:
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.
2009, c. 12, s. 17
64 (1) Subsections 113(1) to (3.‍1) of the Act are replaced by the following:
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.
(2) Paragraph 113(4)‍(b) of the English version of the Act is replaced by the following:
(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
2009, c. 12, ss. 18 and 19
65 Sections 114 and 115 of the Act are replaced by the following:
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.
2009, c. 12, s. 20
66 (1) Subsections 116(1) to (2) of the Act are replaced by the following:
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.
(2) Subsection 116(3) of the Act is replaced by the following:
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.
(3) The portion of subsection 116(4) of the Act before paragraph (a) is replaced by the following:
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
(4) Subsection 116(5) of the Act is replaced by the following:
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.
67 The heading before section 117 of the Act is replaced by the following:
Pre-Existing Rights and Interests on Category IA-N Land
2009, c. 12, s. 21(1)
68 (1) Subsections 117(1) and (1.‍1) of the Act are repealed.
2009, c. 12, s. 21(2)
(2) Subsections 117(3) to (4) of the Act are replaced by the following:
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.
2009, c. 12, ss. 21(3) and (4)
(3) Subsections 117(5) to (7) of the Act are replaced by the following:
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).
69 Subsection 119(1) of the Act is replaced by the following:
Expropriations
119 (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part.
70 (1) The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:
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:
(2) The portion of paragraph 120(2)‍(a) of the French version of the Act before subparagraph (i) is replaced by the following:
a) l’autorité n’a pas réussi, malgré des efforts sérieux, à obtenir, pour un coût inférieur ou sensiblement équivalent à celui de l’implantation de l’ouvrage sur des terres de catégorie IA-N, que celui-ci soit implanté :
(3) Paragraph 120(2)‍(a) of the Act is amended by adding “or” at the end of subparagraph 120(2)‍(a)‍(i) and by repealing subparagraph (ii).
(4) The portion of paragraph 120(2)‍(a) of the English version of the Act after subparagraph (iii) is replaced by the following:
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
(5) Paragraph 120(2)‍(b) of the Act is replaced by the following:
(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.
71 Subsection 122(5) of the Act is replaced by the following:
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).
72 Section 123 of the Act is replaced by the following:
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.
73 (1) Subsection 124(2) of the Act is replaced by the following:
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.
(2) Subsection 124(3) of the English version of the Act is replaced by the following:
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.
(3) Subsection 124(4) of the Act is replaced by the following:
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.
(4) Subsection 124(6) of the Act is replaced by the following:
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.
74 (1) The portion of subsection 125(1) of the Act before paragraph (a) is replaced by the following:
Rules governing compensation wholly or partly in land
125 (1) Where the band is entitled to be compensated with land under paragraph 116(4)‍(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:
(2) Subparagraphs 125(1)‍(b)‍(i) and (ii) of the Act are replaced by the following:
(i) is Category III land,
(ii) is adjacent to Category IA-N land of the band, and
(3) Paragraph 125(1)‍(d) of the Act is replaced by the following:
(d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and
(4) Subsection 125(2) of the Act is repealed.
75 Sections 126 and 127 of the Act are replaced by the following:
Reclassification of expropriated land that is no longer required
126 Where
(a) the band has been compensated with replacement land pursuant to paragraph 116(4)‍(a) or subsection 122(2) or (4), or
(b) no compensation was paid to the band pursuant to section 123,
and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification.
Determination of amount of money compensation referrable to Administrative Tribunal of Quebec
127 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)‍(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration.
76 The portion of section 129 of the Act before paragraph (a) is replaced by the following:
When expropriated land ceases to be Category IA-N land
129 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land
77 The heading of Part VIII of the Act is replaced by the following:
Dispositions of Rights and Interests in Category IA-N Land and Buildings
78 The portion of subsection 135(1) of the Act before paragraph (a) is replaced by the following:
Commercial fisheries and outfitting operations
135 (1) A grant by the band relating to its Category IA-N land does not permit the grantee to use that land for
79 Subsection 137(3) of the English version of the Act is replaced by the following:
Approval for deemed transfer of corporation’s right or interest
(3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation.
2009, c. 12, s. 22
80 Section 138 of the Act is replaced by the following:
Consultation requirements before certain projects undertaken
138 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project of a regional or provincial nature on the band’s Category IA-N land.
2009, c. 12, s. 23
81 Subsections 139(1.‍1) and (2) of the Act are replaced by the following:
Mode of allocation and fee
(2) The allocation of land by the band pursuant to subsection (1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.
82 The heading of Part IX of the English version of the Act is replaced by the following:
Cessions by Band
83 (1) The definition cession in subsection 141(1) of the Act is replaced by the following:
cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon)
(2) Subsection 141(2) of the Act is replaced by the following:
Granting of rights or interests under other Parts of Act
(2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.
84 (1) Subsection 144(1) of the Act is replaced by the following:
Cession must be approved by referendum
144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.
(2) Paragraph 144(2)‍(b) of the Act is replaced by the following:
(b) must be posted on the band’s Category IA-N land at a public place designated by the band.
85 Paragraph 150(1)‍(c) of the Act is replaced by the following:
(c) a right conferred by section 115, and
86 The portion of section 151 of the Act before paragraph (a) is replaced by the following:
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
87 The heading of Part XI of the English version of the Act is replaced by the following:
Expropriation by Band
88 (1) The portion of section 153 of the Act before paragraph (a) is replaced by the following:
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
(2) Paragraph 153(b) of the Act is replaced by the following:
(b) a right conferred by section 115; and
89 The heading of Part XII of the French version of the Act is replaced by the following:
Commission crie-naskapie
90 Section 157 of the Act is amended by adding the following in alphabetical order:
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)
91 Subsection 158(1) of the Act is replaced by the following:
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.
92 Section 159 of the Act is replaced by the following:
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.
93 Subsection 160(5) of the Act is replaced by the following:
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.
94 Section 161 of the Act is replaced by the following:
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.
95 Section 164 of the Act is replaced by the following:
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.
96 Subsection 165(1) of the Act is replaced by the following:
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.
97 (1) Paragraph 166(1)‍(b) of the Act is replaced by the following:
(b) the Naskapi band or each Cree First Nation referred to in the representation;
2009, c. 12, s. 24
(2) Paragraphs 166(1)‍(d) and (e) of the Act are replaced by the following:
(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.
(3) Subsection 166(3) of the Act is replaced by the following:
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.
98 Section 171 of the Act is repealed.
99 Section 173 of the Act is replaced by the following:
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.
2000, c. 12, ss. 90(1) and (2)
100 (1) The definitions consorts and family council in section 174 of the Act are replaced by the following:
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)
(2) Paragraph (b) of the definition child in section 174 of the Act is replaced by the following:
(b) was done in accordance with Naskapi custom; (enfant)
101 Section 175 of the Act is replaced by the following:
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.
102 Subsection 176(2) of the Act is replaced by the following:
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.
103 Subsection 178(1) of the Act is replaced by the following:
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.
104 Sections 179 and 180 of the Act are replaced by the following:
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.
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.
105 Subsection 181(1) of the Act is replaced by the following:
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.
106 (1) The portion of subsection 182(1) of the English version of the Act before paragraph (a) is replaced by the following:
Composition of family council
182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons:
(2) Subsection 182(2) of the English version of the Act is replaced by the following:
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.
107 Section 183 of the Act is replaced by the following:
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.
108 (1) Subsection 184(1) of the Act is replaced by the following:
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.
(2) The portion of subsection 184(2) of the Act before paragraph (a) is replaced by the following:
Idem
(2) Where, on the death of a Naskapi beneficiary,
(3) The portion of subsection 184(2) of the English version of the Act after paragraph (c) is replaced by the following:
the council of the band shall act as the deceased’s family council.
109 Sections 185 and 186 of the English version of the Act are replaced by the following:
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.
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.
110 (1) Paragraph 187(1)‍(a) of the Act is replaced by the following:
(a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act; and
(2) The portion of subsection 187(2) of the French version of the Act before paragraph (a) is replaced by the following:
Idem
(2) Pour l’application de la présente partie, sont considérés comme situés en permanence sur les terres de catégorie IA-N les biens personnels :
2009, c. 12, s. 90(2)
(3) Paragraphs 187(2)‍(a) to (c) of the Act are replaced by the following:
(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
(4) The portion of subsection 187(2) of the English version of the Act after paragraph (c) is replaced by the following:
shall be deemed always to be situated on Category IA-N land.
111 (1) Paragraphs 188(1)‍(a) and (b) of the Act are replaced by the following:
(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.
(2) Paragraph 188(2)‍(a) of the Act is replaced by the following:
(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
2009, c. 12, s. 26
112 Section 190 of the Act is replaced by the following:
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.
2009, c. 12, s. 27
113 Section 191 of the Act is replaced by the following:
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.
114 (1) Subsection 192(1) of the Act is repealed.
(2) The portion of subsection 192(2) of the Act before paragraph (a) is replaced by the following:
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
(3) Paragraph 192(2)‍(c) of the Act is replaced by the following:
(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
(4) The portion of subsection 192(2) of the English version of the Act after paragraph (c) is replaced by the following:
shall, for the purposes of section 190, be deemed always to be the property of the band.
115 Subsection 193(1) of the Act is replaced by the following:
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.
2009, c. 12, s. 28
116 Section 194 of the Act is repealed.
117 (1) The portion of subsection 196(1) of the Act before paragraph (a) is replaced by the following:
Agreements for policing services
196 (1) The band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with
(2) Paragraph 196(1)‍(b) of the Act is replaced by the following:
(b) the Cree Nation Government,
(3) Subsection 196(1) of the Act is amended by adding “or” after paragraph (c) and by repealing paragraph 196(1)‍(d).
(4) The portion of subsection 196(1) of the English version of the Act after paragraph (e) is replaced by the following:
for the provision of policing services on its Category IA-N land.
2009, c. 12, s. 29
(5) Subsection 196(1.‍1) of the Act is repealed.
2009, c. 12, s. 30
118 Section 197 of the Act is replaced by the following:
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.
2009, c. 12, s. 31
119 Subsection 199(2) of the Act is replaced by the following:
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.
120 The Act is amended by adding the following after section 199:
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.
121 (1) The portion of subsection 200(1) of the Act before paragraph (a) is replaced by the following:
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
(2) Paragraph 200(1)‍(b) of the Act is replaced by the following:
(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).
(3) Subsection 200(2) of the Act is replaced by the following:
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.
Terminology
Replacement of “a band” with “the band”
122 The English version of the Act is amended by replacing “a band” with “the band” in the following provisions:
(a) the definitions councillor and referendum in subsection 2(1);
(b) section 9;
(c) the portion of subsection 22(2) before paragraph (a) and subsection (3);
(d) subsection 23(3);
(e) sections 25 and 26;
(f) section 39;
(g) the portion of subsection 40(1) before paragraph (a);
(h) the portion of subsection 41(1) before paragraph (a) and subsection (3);
(i) subsection 44(1);
(j) the portion of subsection 45(2) before paragraph (a), the portion of subsection (4) before paragraph (a) and subsection (6);
(k) the portion of subsection 47(1) before paragraph (a);
(l) the portion of subsection 48(1) before paragraph (a);
(m) the portion of subsection 50(2) before paragraph (a);
(n) subsection 51(1);
(o) subsection 52(2);
(p) section 54;
(q) subsection 55(1);
(r) section 64;
(s) subsections 74(1) and (2);
(t) subsection 75(1);
(u) subsection 76(1);
(v) subsections 77(1) and (2);
(w) subsections 82(1) and (2);
(x) the portion of subsection 83(1) before paragraph (a);
(y) section 84;
(z) subsections 86(1), (2) and (4);
(z.‍1) subsection 89(1) and the portion of subsection (2) before paragraph (a);
(z.‍2) subsection 90(1), the portion of subsection (2) before paragraph (a) and subsections (3) to (6);
(z.‍3) the portion of subsection 91(1) before paragraph (a);
(z.‍4) the portion of section 92 before paragraph (a);
(z.‍5) the portion of subsection 93(1) before paragraph (a);
(z.‍6) subsections 94(3) and (4);
(z.‍7) subsection 96(1);
(z.‍8) the portion of subsection 97(1) before paragraph (a) and subsection (3);
(z.‍9) subsection 100(2);
(z.‍10) the portion of subsection 113(4) before paragraph (a);
(z.‍11) subsections 122(1) to (4);
(z.‍12) paragraphs 124(1)‍(a) and (b);
(z.‍13) the portion of subection 132(1) before paragraph (a);
(z.‍14) subsections 136(5) and (7) to (9);
(z.‍15) subsections 137(1) and (2);
(z.‍16) subsection 139(1);
(z.‍17) subsection 142(1);
(z.‍18) the portion of section 146 before paragraph (a);
(z.‍19) section 149;
(z.‍20) paragraphs 150(1)‍(a) and (b);
(z.‍21) the portion of subsection 152(1) before paragraph (a) and subsection (2);
(z.‍22) sections 154 and 155;
(z.‍23) subparagraph 156(c)‍(i);
(z.‍24) the portion of subsection 188(1) before paragraph (a);
(z.‍25) subsection 193(3);
(z.‍26) subsection 202(1); and
(z.‍27) subsections 203(1) and (2).
Replacement of “IA or IA-N” with “IA-N”
123 The Act is amended by replacing “IA or IA-N” with “IA-N” in the following provisions:
(a) subparagraph 22(2)‍(a)‍(i);
(b) subparagraph 45(1)‍(h)‍(i);
(c) paragraph 47(1)‍(a);
(d) section 101;
(e) paragraph 108(1)‍(b);
(f) the heading of Part VII;
(g) subsection 121(2);
(h) subparagraphs 129(c)‍(i) and (d)‍(i);
(i) subsection 130(2);
(j) section 131;
(k) paragraphs 132(1)‍(a) and (b);
(l) the portion of subsection 135(2) before paragraph (a);
(m) section 140;
(n) subsections 145(1) to (3);
(o) section 148;
(p) the portion of subsection 150(1) before paragraph (a) and subsection (2);
(q) paragraphs 151(f) and (h);
(r) paragraph 177(a); and
(s) subsection 196(2).
PART 3 
Transitional Provisions, Related and Consequential Amendments and Coordinating Amendments
Transitional Provisions
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 feasable 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)
2000, c. 12
Related Amendment to the Modernization of Benefits and Obligations Act
125 Sections 89 and 90 of the Modernization of Benefits and Obligations Act are repealed.
Consequential Amendments
R.‍S.‍C.‍, c. 1970, c. V-4
Veterans’ Land Act
126 Subsection 46(4) of the Veterans’ Land Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; or
(b.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act.
R.‍S.‍, c. A-1
Access to Information Act
127 Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (f):
(f.‍1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;
R.‍S.‍, c. E-21
Expropriation Act
128 Subsection 4(2) of the Expropriation Act is replaced by the following:
Exception
(2) No interest in land that is Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, may be expropriated under this Part without the consent of the Governor in Council.
Exception
(2.‍1) No interest in land that is Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, may be expropriated under this Part without the consent of the Governor in Council.
R.‍S.‍, c. L-6
Canada Lands Surveys Act
129 Subparagraph 24(1)‍(a)‍(ii) of the Canada Lands Surveys Act is replaced by the following:
(ii) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act,
(ii.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act,
R.‍S.‍, c. M-13; 2000, c. 8, s. 2
Payments in Lieu of Taxes Act
130 Paragraph (c) of the definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is replaced by the following:
(c) the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, if it levies and collects a tax on interests in Category IA-N land as defined in that subsection,
(c.‍1) any Cree First Nation, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act that levies and collects a tax on interests in Category IA land, as defined in that subsection,
R.‍S.‍, c. N-7
National Energy Board Act
131 Paragraph 78(3)‍(b) of the National Energy Board Act is replaced by the following:
(b) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;
(b.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or
R.‍S.‍, c. P-21
Privacy Act
132 (1) Paragraph 8(6)‍(b) of the Privacy Act is replaced by the following:
(b) the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;
(2) Subsection 8(7) of the Act is amended by adding the following after paragraph (f):
(f.‍1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;
2008, c. 22
Specific Claims Tribunal Act
133 (1) The reference to
Cree-Naskapi (of Quebec) Act
Loi sur les Cris et les Naskapis du Québec
in Part 1 of the schedule to the Specific Claims Tribunal Act is replaced by the following:
Naskapi and the Cree-Naskapi Commission Act
Loi sur les Naskapis et la Commission crie-naskapie
(2) Part 1 of the schedule to the Act is amended by adding the following in alphabetical order:
Cree Nation of Eeyou Istchee Governance Agreement Act
Loi sur l’accord concernant la gouvernance de la nation crie d’Eeyou Istchee
Coordinating Amendments
2009, c. 23
134 On the first day on which both subsection 19(2) of this Act is in force and section 352 of the Canada Not-for-profit Corporations Act has produced its effects, subsection 23(2) of the Naskapi and the Cree-Naskapi Commission Act is replaced by the following:
Canada Not-for-profit Corporations Act
(2) The Canada Not-for-profit Corporations Act does not apply to the band.
Bill — Impact Assessment, Canadian Energy Regulator and Navigation Protection
135 (1) Subsections (2) to (4) apply if a Bill entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”) is introduced in the 1st session of the 42nd Parliament and receives royal assent.
(2) If section 10 of the other Act comes into force before section 131 of this Act, then
(a) that section 131 is deemed never to have come into force and is repealed; and
(b) paragraph 317(3)‍(a) of the Canadian Energy Regulator Act is replaced by the following:
(a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;
(a.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or
(3) If section 131 of this Act comes into force before section 10 of the other Act, then, on the day on which that section 10 comes into force, paragraph 317(3)‍(a) of the Canadian Energy Regulator Act is replaced by the following:
(a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;
(a.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or
(4) If section 131 of this Act comes into force on the same day as section 10 of the other Act, then
(a) that section 131 is deemed never to have come into force and is repealed; and
(b) paragraph 317(3)‍(a) of the Canadian Energy Regulator Act is replaced by the following:
(a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;
(a.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or
Published under authority of the Speaker of the House of Commons
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