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

Act current to 2014-09-29 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.