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

Act current to 2016-04-12 and last amended on 2014-05-15. Previous Versions

Marginal note:Property deemed situated on Category IA or IA-N land

 For the purposes of section 190, movable property

  • (a) that became the property of a band by virtue of section 13, 13.1 or 15 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, Cree beneficiaries, Naskapi beneficiaries, or bands, or

  • (c) that is, after the coming into force of this Part, provided to Cree beneficiaries, Naskapi beneficiaries or a band under a treaty or agreement between a band and Canada

shall be deemed always to be situated on Category IA or IA-N land, as the case may be.

  • 1984, c. 18, s. 191;
  • 2009, c. 12, s. 27.
Marginal note:Property deemed to be property of a Cree band
  •  (1) Where a Cree band has, pursuant to section 11A.0.6 of the James Bay and Northern Quebec Agreement, delegated to the Cree Regional Authority 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 Regional Authority, 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 bands

    shall, for the purposes of section 190, be deemed always to be the property of the Cree band for whose use and benefit it was purchased.

  • Marginal note:Property deemed to be property of the Naskapi band

    (2) Where the Naskapi 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

    • (a) is necessary for the coordination or administration of that program,

    • (b) is owned by the Naskapi Development Corporation, and

    • (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 Naskapi band

    shall, for the purposes of section 190, be deemed always to be the property of the Naskapi band.

Marginal note:Waiver of exemption
  •  (1) A Cree beneficiary, a Naskapi beneficiary or an Indian ordinarily resident on Category IA or 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 or 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.

  • Marginal note:Quorum requirements

    (2) For the purposes of determining the quorum requirement respecting the confirmation of the band’s consent referred to in subsection (1), the percentage requirement is the same as if the remaining term of the right or interest in question were being granted by the band under paragraph 132(1)(a).

  • Marginal note:Waiver by band

    (3) A band may, in writing, waive the exemption conferred by subsection 190(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 by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter.

PART XVIPolicing

Marginal note:Policing jurisdiction (Crees)

 If the Cree Regional Authority establishes a regional police force under section 102.1 of the Police Act, R.S.Q., c. P-13.1, as it read on the day on which this section comes into force, that police force is recognized as having jurisdiction over the territory described in section 102.6 of that Act as it read on that day, including Category IA land, for the purpose of enforcing any by-law of a Cree band or the Cree Regional Authority, or any law of Canada or Quebec that is applicable within that territory.

  • 1984, c. 18, s. 194;
  • 2009, c. 12, s. 28.
Marginal note:Policing jurisdiction (Naskapis)
  •  (1) For the purposes of the territorial jurisdiction of the Naskapi village municipality under the Police Act (Quebec), the territory of that municipality shall be deemed to include Category IA-N land.

  • Marginal note:Jurisdiction of municipal police force

    (2) The police force of the Naskapi village municipality referred to in subsection (1) and the members of that force have jurisdiction over Category IA-N land for the purpose of enforcing the applicable laws of Canada and Quebec and the applicable by-laws of the band.

Marginal note:Agreements for policing services
  •  (1) A band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with

    • (a) Quebec,

    • (b) the Cree Regional Authority,

    • (c) the Kativik Regional Government (within the meaning of An Act concerning Northern Villages and the Kativik Regional Government (Quebec)),

    • (d) a Cree village corporation (within the meaning of The Cree and Naskapi Villages Act (Quebec)), or

    • (e) any other body empowered to provide policing services

    for the provision of policing services on its Category IA or IA-N land.

  • Marginal note:Cree bands

    (1.1) Despite subsection (1), in the case of a Cree band, the band shall obtain the approval of the Cree Regional Authority before it enters into an agreement with a body referred to in any of paragraphs (1)(a) and (c) to (e).

  • Marginal note:Jurisdiction of police forces

    (2) A police force and the members thereof providing policing services pursuant to an agreement made under subsection (1) have jurisdiction over the Category IA or IA-N land of the band for the purposes of enforcing the applicable laws of Canada and Quebec and the applicable by-laws of the band.

  • 1984, c. 18, s. 196;
  • 2009, c. 12, s. 29.

PART XVIIOffences

Marginal note:Offences under Act

 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2) or (2.1), 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.

  • 1984, c. 18, s. 197;
  • 2009, c. 12, s. 30.
Marginal note:Contravention of regulations
  •  (1) Every person who contravenes a regulation made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the regulations.

  • Marginal note:Regulations may fix maximum punishment

    (2) The Governor in Council may make regulations stipulating a maximum fine or a maximum term of imprisonment, or both, for contravention of a regulation, but such maximum fine or maximum term of imprisonment may not exceed two thousand dollars or six months, respectively.

Marginal note:Contravention of by-law
  •  (1) Every person who contravenes a by-law made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the by-law.

  • Marginal note: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 $2,000 or six months, respectively.

  • Marginal note:Idem

    (3) A by-law made under paragraph 45(1)(h) may not impose a term of imprisonment for non-payment of taxes.

  • 1984, c. 18, s. 199;
  • 2009, c. 12, s. 31.

PART XVIIIAdministration of Justice

Marginal note:Jurisdiction of justices of the peace
  •  (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 18.0.9 of the James Bay and Northern Quebec Agreement or section 12.4.1 of the Northeastern Quebec Agreement have jurisdiction in respect of

    • (a) offences under subsection 199(1); and

    • (b) offences under the following provisions of the Criminal Code: subsection 245(1) (common assault), section 401 (injuring or endangering animals) and subsection 402(1) (cruelty to animals).

  • Marginal note: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 XXIV of the Criminal Code.

  • Marginal note:References to Criminal Code

    (3) The words in parenthesis in paragraph (1)(b) form no part of that paragraph but shall be deemed to have been inserted for convenience of reference only.

 
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