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

Act current to 2014-04-02 and last amended on 2011-10-17. Previous Versions

Marginal note:Manner in which rights must be exercised
  •  (1) The rights conferred by subsection 113(3), section 114 and subsection 115(1) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on November 11, 1975, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • Marginal note:Compensation to band

    (2) Where Category IA land is used pursuant to subsection 113(3), section 114 or subsection 115(1), compensation shall be paid to the Cree band in question

    • (a) in the form of an equal area of land, where the Category IA land is used for a purpose other than exploration; or

    • (b) where the Category IA land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

  • Marginal note:Manner in which rights must be exercised

    (3) The right conferred by subsection 115(2) 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.

  • Marginal note:Compensation to band

    (4) Where Category IA-N land is used pursuant to subsection 113(3) or 115(2), compensation shall be paid to the Naskapi band

    • (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or

    • (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

  • Marginal note:Procedure re replacement land

    (5) Where compensation is payable under paragraph (2)(a) or paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

Pre-Existing Rights and Interests on Category IA and IA-N Land

Marginal note:Certain pre-existing rights on IA land to continue until expiry
  •  (1) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before November 11, 1975 on land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after November 11, 1975, until the end of the renewal period.

  • Marginal note:Certain pre-existing rights on IA-N land to continue until expiry

    (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period.

  • Marginal note:Replacement of previously held rights and interests

    (3) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by an Indian Act Cree band,

    • (a) in Category IA land,

    • (b) in land that became Category IA land by virtue of the James Bay and Northern Quebec Agreement, or

    • (c) in a building situated on land described in paragraph (a) or (b),

    that band’s successor band under this Act 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.

  • Marginal note:Idem, for IA-N land

    (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 Naskapi 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.

  • Marginal note:Previous possession or occupation

    (5) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of an Indian Act Cree band,

    • (a) Category IA land of that band,

    • (b) land that became Category IA land of that band by virtue of the James Bay and Northern 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 (1) or (3), that band’s successor band under this Act 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.

  • Marginal note:Idem, for IA-N land

    (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 of that band,

    • (b) land that became Category IA-N land of that band 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 Naskapi 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.

  • Marginal note:Certain restrictions applicable

    (7) Subsections 132(2) and (4) and section 137 apply, with such modifications as the circumstances require, in respect of a grant by a band of a right or interest in land pursuant to subsection (3), (4), (5) or (6).