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

Marginal note:Disposition of traditional property on intestacy

• 181. (1) Where a Cree beneficiary or Naskapi beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his death to decide on the disposition of his traditional property.

• Marginal note:Powers of family council

  (2) The family council referred to in subsection (1) may dispose of the deceased’s traditional property in accordance with its decision, and may appoint a willing individual to administer the deceased’s estate accordingly.

Marginal note:Composition of family council

• 182. (1) The family council of a deceased Cree beneficiary or Naskapi beneficiary shall consist of the following person or persons:

  • (a) his surviving consort, if any;

  • (b) any surviving children of the age of majority and the legal representatives of any surviving minor children; and

  • (c) any surviving parent.

• Marginal note:Where no survivors in immediate family

  (2) Where a deceased Cree beneficiary or Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the “Territory” as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.

Marginal note:Where family council deadlocked

183. Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band of which the deceased was a member at the time of his death to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision.

Marginal note:Circumstances in which band council acts as the family council

• 184. (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band of which the deceased was a member at the time of his death shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.

• Marginal note:Idem

  (2) Where, on the death of a Cree beneficiary or Naskapi beneficiary,

  • (a) the deceased leaves no surviving relatives,

  • (b) for any reason a family council cannot be formed, or

  • (c) the family council has not met within one year after the deceased’s death,

  the council of the band of which the deceased was a member at the time of his death shall act as the deceased’s family council.