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An Act to amend the Cree-Naskapi (of Quebec) Act (S.C. 2009, c. 12)

Assented to 2009-06-11

1984, c. 18CREE-NASKAPI (OF QUEBEC) ACT

  • 21. (1) Subsection 117(1) of the Act is replaced by the following:

    Marginal note:Certain pre-existing rights on IA land to continue until expiry

    • 117. (1) A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before July 3, 1984, granted in writing by Quebec before November 11, 1975 on land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land referred to in subsection (1.1), may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed in it, or,where the term is renewed on or after November 11, 1975, until the end of the renewal period.

    • Marginal note:Certain pre-existing rights on IA land to continue until expiry

      (1.1) A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before the coming into force of this subsection, granted in writing by Quebec — before the coming into force of the Oujé-Bougoumou Band Complementary Agreement — on land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed in it, or, where the term is renewed on or after the day on which that Agreement came into force, until the end of the renewal period.

  • (2) Section 117 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Previously held rights and interests — Oujé-Bougoumou Band

      (3.1) If, immediately before the coming into force of this subsection, a person held a right or interest, lawfully granted by the Minister or the Oujé-Bougoumou Eenuch Association in land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, or in a building situated on that land, the Oujé-Bougoumou Band shall, if that person so requests within two years after the coming into force of this subsection, without delay grant to that person under Part VIII a right or interest that is equivalent to the person’s former right or interest, at which time the person’s former right or interest expires. If the person does not make the request within two years after the coming into force of this subsection, that person’s former right or interest expires at the end of that period.

  • (3) Section 117 of the Act is amended by adding the following after subsection (5):

    • Marginal note:Previous possession or occupation — Oujé-Bougoumou Band

      (5.1) If, immediately before the coming into force of this subsection, a person was in possession of, or occupied, with the explicit consent of the Oujé-Bougoumou Eenuch Association, land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, or a building owned by the Oujé-Bougoumou Eenuch Association and situated on that land, but that person was not a holder of a right or interest in that land or building referred to in subsection (1.1) or (3.1), the Oujé-Bougoumou Band shall, if that person so requests within two years after the coming into force of this subsection, without delay grant to that person under Part VIII a right or interest in that land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

  • (4) Subsection 117(7) of the Act is replaced by the following:

    • Marginal note:Certain restrictions applicable

      (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by a band of a right or interest in land pursuant to any of subsections (3) to (6).

22. The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Consultation requirements before certain projects undertaken

  • 138. (1) A Cree band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec, the Cree Regional Authority and the Minister before permitting a person other than

23. Subsection 139(2) of the Act is replaced by the following:

  • Marginal note:Land to be allocated for services or activities

    (1.1) A Cree band shall allocate Category IA land necessary for services provided or activities carried out by the Cree Regional Authority.

  • Marginal note:Mode of allocation and fee

    (2) The allocation of land by a band pursuant to subsection (1) or (1.1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.

24. Subsection 166(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and’’ at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the Cree Regional Authority, if it is referred to in the representation.

25. Paragraph 187(2)(a) of the Act is replaced by the following:

  • (a) that became the property of a band by virtue of section 13, 13.1 or 15 and had been purchased by Canada with money appropriated by Parliament,

26. Subsections 190(1) and (2) of the Act are replaced by the following:

Marginal note:Property exempt from seizure, etc.

  • 190. (1) Subject to this Part, movable and immovable property situated on Category IA or IA-N land and belonging to a Cree beneficiary, a Naskapi beneficiary or an Indian ordinarily resident on Category IA or IA-N land, and any right or interest of such a person in Category IA or IA-N land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree band, the Cree Regional Authority or an Indian ordinarily resident on Category IA land (in the case of property of a Cree beneficiary or of an Indian ordinarily resident on Category IA land) or a Naskapi beneficiary, the Naskapi band or an Indian ordinarily resident on Category IA-N land (in the case of property of a Naskapi beneficiary or of an Indian ordinarily resident on Category IA-N land).

  • Marginal note:Property exempt from seizure, etc.

    (2) Subject to this Part, movable and immovable property situated on Category IA or IA-N land and belonging to a band is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree band, the Cree Regional Authority or an Indian ordinarily resident on Category IA land (in the case of property of a Cree band) or a Naskapi beneficiary, the Naskapi band or an Indian ordinarily resident on Category IA-N land (in the case of property of the Naskapi band).

27. Paragraph 191(a) of the Act is replaced by the following:

  • (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,

28. Section 194 of the Act is replaced by the following:

Marginal note:Policing jurisdiction (Crees)

194. If the Cree Regional Authority establishes a regional police force under section 102.1 of the Police Act, R.S.Q., c. P-13.1, as it read on the day on which this section comes into force, that police force is recognized as having jurisdiction over the territory described in section 102.6 of that Act as it read on that day, including Category IA land, for the purpose of enforcing any by-law of a Cree band or the Cree Regional Authority, or any law of Canada or Quebec that is applicable within that territory.

29. Section 196 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Cree bands

    (1.1) Despite subsection (1), in the case of a Cree band, the band shall obtain the approval of the Cree Regional Authority before it enters into an agreement with a body referred to in any of paragraphs (1)(a) and (c) to (e).

30. Section 197 of the Act is replaced by the following:

Marginal note:Offences under Act

197. Every person who commits an offence under subsection 38(6), section 44, subsection 91(2) or (2.1), section 95, subsection 100(4) or section 108 is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both.

31. Subsections 199(1) and (2) of the Act are replaced by the following:

Marginal note:Contravention of by-law

  • 199. (1) Every person who contravenes a by-law made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the by-law.

  • Marginal note:By-law may fix maximum punishment

    (2) A by-law made under this Act may stipulate a maximum fine or a maximum term of imprisonment, or both, for contravention of the by-law, but the maximum fine or maximum term of imprisonment may not exceed $2,000 or six months, respectively.

PUBLICATION

Marginal note:Publication

32. The Minister of Indian Affairs and Northern Development shall publish, in the Canada Gazette, a notice of the date that any land is set aside by the Governor in Council as Category IA land for the exclusive use and benefit of the collectivity known as the Crees of Oujé-Bougoumou, as soon as feasible after that land is set aside.

COMING INTO FORCE

Marginal note:Order in council

  • 33. (1) Subject to subsection (2), the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Coming into force

    (2) Sections 1, 3 to 5, 7, 8, 15 to 21, 25 and 27 come into force on the day on which — pursuant to any agreement made in accordance with the applicable amending provisions of the James Bay and Northern Quebec Agreement and providing for the incorporation of the collectivity known as the Crees of Oujé-Bougoumou — land is set aside by the Governor in Council as Category IA land for the exclusive use and benefit of that collectivity.

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