An Act to amend the Cree-Naskapi (of Quebec) Act (S.C. 2009, c. 12)
Full Document:
Assented to 2009-06-11
10. Paragraph 90(2)(c) of the Act is replaced by the following:
(c) send a copy of it to the Minister and, in the case of a Cree band, to the Cree Regional Authority.
11. Subsection 91(2) of the Act is replaced by the following:
Marginal note:Access to books and records
(2) The Minister or a council member or elector of the Naskapi band, or any person authorized in writing by the Minister or by a council member or elector of the Naskapi band, may, at any reasonable time, inspect the books of account and financial records of the Naskapi band, and a person is guilty of an offence who
(a) obstructs that person; or
(b) having control or possession of those books or records, fails to give all reasonable assistance to that person.
Marginal note:Access to books and records
(2.1) The Minister or a council member or elector of a Cree band, or any person authorized in writing by the Minister, by a council member or elector of a Cree band or by the Cree Regional Authority, may, at any reasonable time, inspect the books of account and financial records of the Cree band, and a person is guilty of an offence who
(a) obstructs that person; or
(b) having control or possession of those books or records, fails to give all reasonable assistance to that person.
12. Subsection 93(5) of the Act is replaced by the following:
Marginal note:If band fails to act
(5) If a band fails to act under subsection (4), the Minister, or, in the case of a Cree band, the Cree Regional Authority if the Minister with the written consent of that Authority delegates to it the power, may appoint a new auditor and fix that auditor’s remuneration.
Marginal note:Notice to band
(5.1) The Minister or the Cree Regional Authority, as the case may be, shall inform the band in writing of the appointment.
13. Subsection 94(2) of the Act is replaced by the following:
Marginal note:Where report delayed
(2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band, the Minister and, in the case of a Cree band, the Cree Regional Authority, of the reasons for the delay.
14. (1) Subsection 100(1) of the Act is replaced by the following:
Marginal note:When administrator may be appointed
100. (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2) or (2.1), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of a band are in serious disorder, the Minister may give written notice to the band, with a copy to the Cree Regional Authority in the case of a Cree band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing.
(2) Subsection 100(3) of the Act is replaced by the following:
Marginal note:Appointment of administrator
(3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band and, in the case of a Cree band, to the Cree Regional Authority.
15. (1) Paragraph 104(1)(a) of the Act is replaced by the following:
(a) was, immediately before November 11, 1975, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA land by virtue of the James Bay and Northern Quebec Agreement, other than land referred to in subsection (1.1), and
(2) Section 104 of the Act is amended by adding the following after subsection (1):
Marginal note:Pre-agreement residence and occupation rights not affected
(1.1) A person, not being a Cree beneficiary, who immediately before the coming into force of the Oujé-Bougoumou Band Complementary Agreement was residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, and who continues to reside on or occupy that land by virtue of that right on the coming into force of this subsection, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.
16. (1) Section 105 of the Act is amended by adding the following after subsection (2):
Marginal note:Indians who are not Cree beneficiaries
(2.1) A person who, immediately before the coming into force of this subsection, was an Indian, as defined in subsection 2(1) of the Indian Act, who belonged to the collectivity known as the Crees of Oujé-Bougoumou but was not a Cree beneficiary has a right of access to the Category IA land of the Oujé-Bougoumou Band.
(2) Paragraph 105(5)(d) of the Act is replaced by the following:
(d) a holder of a mining right or other subsurface right referred to in section 114 or 115 or a person exercising a right under subsection 113(3) or (3.1); and
17. Subsections 113(2) and (3) of the Act are replaced by the following:
Marginal note:Consent and compensation requirements
(2) Subject to subsections (3) and (3.1), after November 11, 1975 (in the case of Category IA land other than land referred to in subsection 114(2)), on or after the day on which the Oujé-Bougoumou Band Complementary Agreement came into force (in the case of Category IA land referred to in subsection 114(2)) or after January 31, 1978 (in the case of Category IA-N land) no mineral right or subsurface right on Category IA or IA-N land of a band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.
Marginal note:Exception
(3) A holder of an exploration permit described in subsection 114(1) or of a right or title described in subsections 115(1) and (2) may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsections 116(2) and (4), explore for and exploit minerals on adjacent Category IA or IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.
Marginal note:Exception
(3.1) A holder of an exploration permit described in subsection 114(2) or of a right or title described in subsection 115(1.1) may, without the consent and payment referred to in subsection (2) but subject to subsection 116(1.1) and the payment of compensation as set out in subsection 116(2), explore for and exploit minerals on adjacent Category IA land if those minerals extend continuously from the minerals that are the object of the permit, right or title.
18. Section 114 of the Act is replaced by the following:
Marginal note:Société de développement de la Baie James
114. (1) Where an exploration permit was granted by Quebec to the Société de développement de la Baie James before November 11, 1975 for land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land referred to in subsection (2), the Société de développement de la Baie James may, in accordance with that exploration permit and subject to subsections 116(1) and (2), use that Category IA land to carry out exploration activities and exploit mineral deposits.
Marginal note:Oujé-Bougoumou Band
(2) Where an exploration permit was, before the coming into force of the Oujé-Bougoumou Band Complementary Agreement, granted by Quebec to the Société de développement de la Baie James in respect of land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, the Société de développement de la Baie James may, in accordance with that exploration permit and subject to subsections 116(1.1) and (2), use that Category IA land to carry out exploration activities and exploit mineral deposits.
19. Subsection 115(1) of the Act is replaced by the following:
Marginal note:Holders of prior rights or titles to minerals
115. (1) A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on November 11, 1975) granted before November 11, 1975 on land surrounded by or adjacent to land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, may, subject to subsections 116(1) and (2), use that Category IA land to the extent necessary for the exercise of the holder’s right or title.
Marginal note:Holders of prior rights or titles to minerals
(1.1) A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to mineral substances (“mineral substances” as defined in the Mining Act, R.S.Q., c. M-13.1, as it read on October 24, 1988, or, if it is amended after that day, as it read on the day on which the Oujé-Bougoumou Band Complementary Agreement came into force) granted on or after November 11, 1975 and before the coming into force of the Oujé-Bougoumou Band Complementary Agreement, on land surrounded by or adjacent to land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement may, subject to subsections 116(1.1) and (2), use that Category IA land to the extent necessary for the exercise of the holder’s right or title.
20. (1) Subsection 116(1) of the Act is replaced by the following:
Marginal note:Manner in which rights must be exercised
116. (1) The rights conferred by subsections 113(3), 114(1) and 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:Manner in which rights must be exercised
(1.1) The rights conferred by subsections 113(3.1), 114(2) and 115(1.1) may not be exercised otherwise than in accordance with Division V of Chapter IV of the Mining Act, R.S.Q., c. M-13.1, as it read on October 22, 1999, or, if it is amended after that day, as it read on the day on which the Oujé-Bougoumou Band Complementary Agreement came into force, except that any expropriation that is required for the purpose of exercising those rights must be restricted to the acquisition of temporary servitudes.
(2) The portion of subsection 116(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Compensation to band
(2) Where Category IA land is used pursuant to subsection 113(3) or (3.1), section 114 or subsection 115(1) or (1.1), compensation shall be paid to the Cree band in question
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