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

Act current to 2016-02-03 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; (Conventions)

    band

    bande

    band means a band incorporated by section 12 or 14 or the Oujé-Bougoumou Band referred to in section 12.1; (bande)

    building

    bâtiment

    building includes a permanent structure of any kind and also includes a mobile home; (bâtiment)

    Canada

    Canada

    Canada means Her Majesty in right of Canada; (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; (terre de catégorie IA)

    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; (terre de catégorie IA-N)

    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); (terre de catégorie II)

    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); (terre de catégorie II-N)

    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); (terre de catégorie III)

    chief

    chef

    chief in relation to a band, means the person holding the office of chief of that band pursuant to Part II; (chef)

    council

    conseil

    council means the continuing body of persons described in section 25; (conseil)

    council member

    membre du conseil

    council member, in relation to a band, means the chief or a councillor of that band; (membre du conseil)

    councillor

    conseiller

    councillor means a person holding office as councillor of a band pursuant to Part II; (conseiller)

    Cree band

    bande crie

    Cree band means a band incorporated by section 12 or the Oujé-Bougoumou Band referred to in section 12.1; (bande crie)

    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; (bénéficiaire cri)

    Cree Regional Authority

    Administration régionale crie

    Cree Regional Authority means the Cree Regional Authority established by An Act respecting the Cree Regional Authority (Quebec); (Administration régionale crie)

    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; (électeur)

    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; (Inuk de Fort George)

    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; (réserve Matimekosh)

    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; (membre)

    Minister

    ministre

    Minister means the Minister of Indian Affairs and Northern Development; (ministre)

    Naskapi band

    bande naskapie

    Naskapi band means the band incorporated by section 14; (bande naskapie)

    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; (bénéficiaire naskapi)

    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); (Société de développement des Naskapis)

    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); (Convention du Nord-Est québécois)

    ordinary band meeting

    Version anglaise seulement

    ordinary band meeting means any band meeting other than a special band meeting; (Version anglaise seulement)

    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; (convention complémentaire de la Bande de Oujé-Bougoumou)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulation; (Version anglaise seulement)

    Province

    province

    Province means the Province of Quebec; (province)

    Quebec

    Québec

    Quebec means Her Majesty in right of Quebec; (Québec)

    referendum

    référendum

    referendum means a referendum of a band referred to in sections 83 to 88; (référendum)

    special band meeting

    assemblée extraordinaire

    special band meeting means a band meeting referred to in sections 83 to 88. (assemblée extraordinaire)

  • 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.
 
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