Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Act current to 2014-12-08 and last amended on 2014-05-15. Previous Versions

Cree-Naskapi (of Quebec) Act

S.C. 1984, c. 18

Assented to 1984-06-14

An Act respecting certain provisions of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement relating principally to Cree and Naskapi local government and to the land regime governing Category IA and Category IA-N land

Preamble

WHEREAS the Government of Canada is obligated, pursuant to section 9 of the James Bay and Northern Quebec Agreement and section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Cree and Naskapi local government, for the administration, management and control of Category IA and Category IA-N land by the Cree and Naskapi bands respectively, and for the protection of certain individual and collective rights under the said Agreements;

AND WHEREAS this Act is not intended to preclude the James Bay Crees and the Naskapis of Quebec from benefitting from future legislative or other measures respecting Indian government in Canada that are not incompatible with the said Agreements;

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

Marginal note:Short title

 This Act may be cited as the Cree-Naskapi (of Quebec) Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Agreements”

    « Conventions »

    “Agreements” means the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement;

    “band”

    « bande »

    “band” means a band incorporated by section 12 or 14 or the Oujé-Bougoumou Band referred to in section 12.1;

    “building”

    « bâtiment »

    “building” includes a permanent structure of any kind and also includes a mobile home;

    “Canada”

    « Canada »

    “Canada” means Her Majesty in right of Canada;

    “Category IA land”

    « terre de catégorie IA »

    “Category IA land” means

    • (a) until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4 and 5 of the James Bay and Northern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 1851-79 of June 27, 1979, pursuant to section 21 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), and accepted by Canada by Canada Order in Council P.C. 1979-2178 of August 16, 1979,

    • (b) after the transfer to Canada by Quebec by final deed pursuant to sections 4 and 5 of the James Bay and Northern Quebec Agreement and section 22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed,

    • (c) any land set aside as Category IA land pursuant to paragraph 125(1)(d) of this Act, and

    • (d) any other land set aside by the Governor in Council as Category IA land for the exclusive use and benefit of a Cree band,

    and, in relation to any particular Cree band, means

    • (e) land described in paragraph (b), (c) or (d) set aside for the exclusive use and benefit of that band, or

    • (f) land described in paragraph (a) set aside for the exclusive use and benefit of that band’s predecessor Indian Act band;

    “Category IA-N land”

    « terre de catégorie IA-N »

    “Category IA-N land” means

    • (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,

    • (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,

    • (c) any land set aside as Category IA-N land pursuant to paragraph 125(1)(d) of this Act for the exclusive use and benefit of the Naskapi band, and

    • (d) any other land set aside by the Governor in Council as Category IA-N land for the exclusive use and benefit of the Naskapi band;

    “Category II land”

    « terre de catégorie II »

    “Category II land” means the land established and allocated as Category II land pursuant to the James Bay and Northern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec);

    “Category II-N land”

    « terre de catégorie II-N »

    “Category II-N land” means the land established and allocated as Category II-N land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec);

    “Category III land”

    « terre de catégorie III »

    “Category III land” means the land established as Category III land pursuant to the James Bay and Northern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec);

    “chief”

    « chef »

    “chief” in relation to a band, means the person holding the office of chief of that band pursuant to Part II;

    “council”

    « conseil »

    “council” means the continuing body of persons described in section 25;

    “council member”

    « membre du conseil »

    “council member”, in relation to a band, means the chief or a councillor of that band;

    “councillor”

    « conseiller »

    “councillor” means a person holding office as councillor of a band pursuant to Part II;

    “Cree band”

    « bande crie »

    “Cree band” means a band incorporated by section 12 or the Oujé-Bougoumou Band referred to in section 12.1;

    “Cree beneficiary”

    « bénéficiaire cri »

    “Cree beneficiary” means a person who is enrolled or entitled to be enrolled as a Cree beneficiary pursuant to section 3 of the James Bay and Northern Quebec Agreement;

    “Cree Regional Authority”

    « Administration régionale crie »

    “Cree Regional Authority” means the Cree Regional Authority established by An Act respecting the Cree Regional Authority (Quebec);

    “elector”

    « électeur »

    “elector” means a member of a band who is eighteen years of age or over and not declared mentally incompetent under the laws of the Province;

    “Inuk of Fort George” or “Inuit of Fort George”

    « Inuk de Fort George »

    “Inuk of Fort George” (in the singular) or “Inuit of Fort George” (in the plural) means a person who

    • (a) is enrolled or entitled to be enrolled on the official list for the Inuit community of Fort George published by the Enrollment Commission pursuant to section 3 of the James Bay and Northern Quebec Agreement,

    • (b) is a legitimate or an illegitimate descendant of a person described in paragraph (a),

    • (c) is an adopted child of a person described in paragraph (a) or (b),

    • (d) is married to a person described in paragraph (a), (b) or (c), where the marriage was solemnized in accordance with, or is recognized under, the laws of the Province, or

    • (e) has,

      • (i) between January 31, 1978 and the coming into force of this section, with the written consent of the Indian Act Fort George Band, or

      • (ii) after the coming into force of this section, with the written consent of the Chisasibi Band,

      become affiliated with the Inuit community of Fort George pursuant to subparagraph 3.5.5f) of the James Bay and Northern Quebec Agreement;

    “James Bay and Northern Quebec Agreement”

    « Convention de la Baie James et du Nord québécois »

    “James Bay and Northern Quebec Agreement” means the agreement between the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, the Government of Quebec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydro-électrique de Québec and the Government of Canada, dated November 11, 1975, as amended by

    • (a) any agreement not described in paragraph (b) or (c) made in accordance with the applicable amending provisions of the James Bay and Northern Quebec Agreement,

    • (b) the agreement between those parties dated December 12, 1975, tabled in the House of Commons by the Minister on July 13, 1976 and recorded as part of document number 301-5/180C, and

    • (c) any other agreement, whether made before or after the coming into force of this section, referred to in

    “Matimekosh Reserve”

    « réserve Matimekosh »

    “Matimekosh Reserve” means the area of land described in Quebec Order in Council No. 2718 of August 21, 1968;

    “member”

    « membre »

    “member”, in relation to a band, means a member of a band as provided in

    • (a) section 17, in the case of a Cree band, or

    • (b) section 20, in the case of the Naskapi band;

    “Minister”

    « ministre »

    “Minister” means the Minister of Indian Affairs and Northern Development;

    “Naskapi band”

    « bande naskapie »

    “Naskapi band” means the band incorporated by section 14;

    “Naskapi beneficiary”

    « bénéficiaire naskapi »

    “Naskapi beneficiary” means a person who is enrolled or entitled to be enrolled as a Naskapi beneficiary pursuant to section 3 of the Northeastern Quebec Agreement;

    “Naskapi Development Corporation”

    « Société de développement des Naskapis »

    “Naskapi Development Corporation” means the Naskapi Development Corporation established by An Act to establish the Naskapi Development Corporation (Quebec);

    “Northeastern Quebec Agreement”

    « Convention du Nord-Est québécois »

    “Northeastern Quebec Agreement” means the agreement between the Indian Act Naskapis de Schefferville band, the Government of Quebec, La Société d’énergie de la Baie James, La Société de développement de la Baie James, La Commission hydroélectrique de Québec, the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association and the Government of Canada, dated January 31, 1978 and referred to in Canada Order in Council P.C. 1978-502 of February 23, 1978, as amended by

    • (a) any agreement not described in paragraph (b) made in accordance with the applicable amending provisions of the Northeastern Quebec Agreement, and

    • (b) any other agreement, whether made before or after the coming into force of this section, referred to in section 3 of An Act approving the Northeastern Quebec Agreement (Quebec);

    “ordinary band meeting”

    Version anglaise seulement

    “ordinary band meeting” means any band meeting other than a special band meeting;

    “Oujé-Bougoumou Band Complementary Agreement”

    « convention complémentaire de la Bande de Oujé-Bougoumou »

    “Oujé-Bougoumou Band Complementary Agreement” means the agreement made in accordance with the applicable amending provisions of the James Bay and Northern Quebec Agreement, which agreement provides for, among other things, the incorporation under this Act of the collectivity known as the Crees of Oujé-Bougoumou, to act as a local government;

    “prescribed”

    Version anglaise seulement

    “prescribed” means prescribed by regulation;

    “Province”

    « province »

    “Province” means the Province of Quebec;

    “Quebec”

    « Québec »

    “Quebec” means Her Majesty in right of Quebec;

    “referendum”

    « référendum »

    “referendum” means a referendum of a band referred to in sections 83 to 88;

    “special band meeting”

    « assemblée extraordinaire »

    “special band meeting” means a band meeting referred to in sections 83 to 88.

  • Marginal note:Indian Act” band

    (2) A reference in this Act to an “Indian Act” band is a reference to a “band” within the meaning of the Indian Act.

  • Marginal note:References to “natural resources” and “land”

    (3) The reference to “natural resources” in certain provisions of this Act is for emphasis only and shall not be construed as affecting in any way the meaning of the word “land” as including natural resources in those provisions or in any other provision of this Act or the regulations.

  • Marginal note:References to Quebec statutes

    (4) Unless otherwise indicated in this Act, a reference to an Act of the legislature of Quebec or to a provision thereof is a reference to that Act or provision as amended from time to time.

  • 1984, c. 18, s. 2;
  • 2009, c. 12, s. 1.