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

Act current to 2014-07-22 and last amended on 2011-10-17. Previous Versions

Marginal note:Predecessor Indian Act bands cease to exist

 On the coming into force of this Part, the Indian Act Cree bands listed in paragraphs 12(1)(a) to (h) cease to exist, and all their rights, titles, interests, assets, obligations and liabilities, including those of their band councils, shall vest, respectively, in the bands listed in paragraphs 12(2)(a) to (h).

Marginal note:Incorporation of Naskapi Band of Quebec
  •  (1) Pursuant to paragraph 7.1.1 of the Northeastern Quebec Agreement, the Indian Act Naskapis de Schefferville band is hereby constituted as a corporation bearing the name of Naskapi Band of Quebec (in English), Bande Naskapi du Québec (in French), and Kobac Naskapi-aeyouch (in Naskapi), subject to section 16.

  • Marginal note:Legal designation

    (2) The band incorporated by subsection (1) may be legally designated by any of its names mentioned in that subsection.

Marginal note:Indian Act Naskapi band ceases to exist

 On the coming into force of this Part, the Indian Act Naskapis de Schefferville band ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities, including those of its band council, shall vest in the Naskapi Band of Quebec.

Marginal note:Change of band name
  •  (1) A band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least five per cent of the electors voted on the matter, change its English, French or Cree or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

  • Marginal note:Effective date of by-law

    (2) A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

Membership of Bands

Marginal note:Membership of Cree bands

 The members of each of the Cree bands are the Cree beneficiaries who are enrolled or entitled to be enrolled on the community list in respect of that band pursuant to section 3 of the James Bay and Northern Quebec Agreement.

Marginal note:Special provision for Indians who are not Cree beneficiaries

 A person who, immediately before the coming into force of this Part, was a member of one of the Indian Act Cree bands mentioned in subsection 12(1) but was not a Cree beneficiary

  • (a) shall be deemed to be a member of that band’s successor band listed in subsection 12(2) for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b), subsections 94(3) and (4) and subsection 103(1);

  • (b) shall, if eighteen years of age or over and not declared mentally incompetent under the laws of the Province, be deemed to be an elector of the successor band for the purposes of section 63, subparagraph 66(1)(a)(i), sections 68 and 75 and subsection 97(2), but is not eligible to be elected chief of that band; and

  • (c) shall, if eighteen years of age or over and not declared mentally incompetent under the laws of the Province, be deemed to be an elector of the successor band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.