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

Act current to 2016-05-12 and last amended on 2014-05-15. Previous Versions

PART XIExpropriation by Bands

Marginal note:Rights and interests that a band may expropriate

 Where regulations made under section 156 are in force, a 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 or IA-N land or in any building situated thereon, except for

  • (a) a right or interest of Canada or Quebec;

  • (b) a right conferred by section 114 or 115; and

  • (c) a servitude expropriated by an expropriating authority under Part VII.

Marginal note:Acquisition by mutual agreement

 The right of a band to expropriate pursuant to this Part does not restrict any right that the band has under this Act to acquire, by mutual agreement, rights or interests in land or buildings.

Marginal note:Compensation

 A band shall, subject to and in accordance with regulations made under section 156, pay compensation to holders of rights or interests expropriated pursuant to this Part.

Marginal note:Regulations

 The Governor in Council may make regulations respecting substantive or procedural aspects of expropriations permitted by this Part, including, without limiting the generality of the foregoing, regulations respecting

  • (a) procedure governing expropriation, including the taking of possession, compulsory taking of possession and transfer of title;

  • (b) entitlement to compensation, determination of the amount of compensation and the method for payment of compensation; and

  • (c) contestation of

    • (i) the right of a band to expropriate,

    • (ii) the right of the expropriated party to compensation, and

    • (iii) the amount of compensation.

PART XIICree-Naskapi Commission

Marginal note:Interpretation

 In this Part,

Commission

Commission

Commission means the Cree-Naskapi Commission established by section 158; (Commission)

member

commissaire

member means a member of the Commission; (commissaire)

representation

Version anglaise seulement

representation includes a complaint. (Version anglaise seulement)

Marginal note:Cree-Naskapi Commission established
  •  (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 Regional Authority and the Naskapi band.

  • Marginal note:Chairman

    (2) The Governor in Council shall designate one member of the Commission as Chairman.

Marginal note:Eligibility

 A council member, officer, employee or agent of a band is not eligible to be appointed or to continue to serve as a member of the Commission.

Marginal note:Term of office
  •  (1) Except as provided by subsection (3), a member shall be appointed for a term of two years.

  • Marginal note:Tenure

    (2) A member may be removed for cause.

  • Marginal note:Vacancy

    (3) Where a member dies or resigns or is removed for cause, a new member shall be appointed for the duration of the unexpired term of the former member.

  • Marginal note:Eligibility for re-appointment

    (4) A member is eligible for re-appointment on the expiration of his term of office.

  • Marginal note:Temporary substitute member

    (5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Regional Authority and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council.

  • Marginal note:Remuneration of members

    (6) Members of the Commission shall be paid such remuneration as is fixed by the Governor in Council.

Marginal note:Head office

 The head office of the Commission shall be in the City of Val d’Or in the Province or at such other place as the Governor in Council, on the recommendation of the Cree Regional Authority and the Naskapi band, may designate.

Marginal note:Staff
  •  (1) The Commission may, with the approval of the Treasury Board, employ or engage such officers, employees and agents as are necessary for the proper conduct of the work of the Commission.

  • Marginal note:Remuneration of staff

    (2) Persons employed or engaged under subsection (1) shall be paid such remuneration as is fixed by the Commission with the approval of the Treasury Board.

  • Marginal note:Not part of federal public administration

    (3) The members of the Commission and persons employed or engaged under subsection (1) are not part of the federal public administration by reason only of such membership, employment or engagement.

  • Marginal note:Financial

    (4) The remuneration of the members of the Commission and of persons employed or engaged under subsection (1) shall be paid out of money appropriated by Parliament for that purpose.

  • 1984, c. 18, s. 162;
  • 2003, c. 22, s. 224(E).
Marginal note:Quorum
  •  (1) A quorum of the Commission consists of all members.

  • Marginal note:Majority

    (2) Decisions of the Commission shall be made by majority vote, except as provided in section 164.

  • Marginal note:Rules

    (3) The Commission may make rules for the conduct of its business.

Marginal note:Commission may delegate its powers

 The Commission may, by unanimous decision of its members, delegate its powers or duties, except those referred to in subsection 163(3) and paragraph 165(1)(a), to one or more members thereof.

Marginal note:Duties of Commission
  •  (1) The Commission shall

    • (a) prepare biennial reports on the implementation of this Act, in accordance with subsection 171(1); and

    • (b) except as provided by subsections (2) and (3), 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.

  • Marginal note:Exception

    (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced.

  • Marginal note:Commission’s discretion

    (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied

    • (a) that the representation has not been made in good faith;

    • (b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation;

    • (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or

    • (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued.

  • Marginal note:Commission to state grounds for refusal

    (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based.

 
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