James Bay and Northern Quebec Native Claims Settlement Act (S.C. 1976-77, c. 32)
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Act current to 2013-04-29
SUPPLEMENTARY AND OTHER AGREEMENTS
Marginal note:Supplementary and other agreements approved
4. (1) Subject to sections 5 and 6, the Governor in Council may, by order, approve, give effect to and declare valid
(a) any agreement pursuant to subsection 2.15 of the Agreement to which the Government of Canada is a party that amends or modifies the Agreement; or
(b) any agreement to which the Government of Canada is a party with the Naskapi Indians of Schefferville, Quebec, or with any other Indians or Inuit or groups thereof, concerning the native claims, rights, title and interests that such Indians, Inuit or groups thereof may have had in and to the Territory prior to the coming into force of this Act.
Marginal note:Idem
(2) No order shall be made under paragraph (1)(b) in respect of any agreement under that paragraph that expressly or by necessary implication amends or modifies the Agreement unless the procedure set forth in subsection 2.15 of the Agreement has been followed.
Marginal note:Conferral of rights and benefits
(3) Upon the coming into force of an order of the Governor in Council approving, giving effect to and declaring valid an agreement referred to in paragraph (1)(b), the beneficiaries under the agreement shall have the rights, privileges and benefits set out in the agreement.
Marginal note:Exemption from taxation
(4) Any capital amounts payable as compensation under an agreement approved, given effect to and declared valid under paragraph (1)(b) shall be exempt from taxation in the manner and to the extent set out in the agreement.
Marginal note:Regulations
(5) The Governor in Council may make such regulations as are necessary for the purpose of carrying out any agreement approved, given effect and declared valid under subsection (1) or for giving effect to any of the provisions thereof.
Marginal note:Tabling order
5. (1) An order under subsection 4(1), together with the agreement to which the order relates, shall be laid before Parliament not later than fifteen days after its issue or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting.
Marginal note:Coming into force
(2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of the House of Commons or Senate, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.
Marginal note:Consideration of motion
(3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later that the sixth sitting day of that House following the filing of the motion, in accordance with the rules of that House, unless a motion to the like effect has earlier been taken up and considered in the other House, take up and consider the motion.
Marginal note:Procedure on adoption of motion
(4) If a motion taken up and considered in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from the House adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.
Marginal note:Procedure in other House
(5) Within the first fifteen days next after receipt of a request pursuant to subsection (4) that the House receiving the request is sitting, that House shall, in accordance with the rules thereof, take up and consider the motion that is the subject of the request.
Marginal note:Where motion adopted and concurred in
(6) Where a motion taken up and considered in accordance with this section is adopted by the House in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature to implement a subsequent agreement to which the Government of Canada is a party.
Marginal note:Where motion not adopted or concurred in
(7) Where a motion taken up and considered in accordance with this section is not adopted by the House in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force immediately upon the failure to adopt the motion or concur therein, as the case may be.
Marginal note:Definition of expression “sitting day”
(8) For the purpose of subsection (2), a day on which either House of Parliament sits shall be deemed to be a sitting day.
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