C-7014264-65-66Elizabeth II2015-2016-2017An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of CanadaCree Nation of Eeyou Istchee Governance Agreement ActCree Nation of Eeyou Istchee Governance Agreement Act20196
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C-45.754, s. 12018[Enacted by section 1 of chapter 4 of the Statutes of Canada, 2018, in force on assent March 29, 2018.]PreambleWhereas the Grand Council of the Crees (Eeyou Istchee), the Cree Nation Government and the Government of Canada have negotiated the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada;Whereas that agreement was signed by the parties on July 18, 2017;And whereas ratification of that agreement requires the coming into force of an Act of Parliament that gives effect to that agreement;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Cree Nation of Eeyou Istchee Governance Agreement Act.
Interpretation
DefinitionsThe following definitions apply in this Act.Agreement means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, entered into on July 18, 2017, between the Government of Canada, the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government, including any amendments made to it. (accord)Cree Constitution means the constitution developed under section 3.1 of the Agreement and ratified in accordance with sections 31.4, 31.6 and 31.7 of the Agreement. (constitution crie)Cree Nation or Cree Nation of Eeyou Istchee has the same meaning as Cree Nation in section 1.1 of the Agreement. (nation crie ou nation crie d’Eeyou Istchee)Cree Nation Government means the legal person established under section 2 of An Act respecting the Cree Nation Government, CQLR, chapter G-1.031. (Gouvernement de la nation crie)Definitions used in AgreementIn this Act, Category IA land, Cree beneficiary, Cree First Nation, Cree First Nation law, Cree law, Cree Nation Government law, federal law, Inuk of Chisasibi (in the singular) or Inuit of Chisasibi (in the plural) and the James Bay and Northern Quebec Agreement have the same meaning as in section 1.1 of the Agreement.
Agreement
Agreement given effectThe Agreement is approved, given effect and declared valid and has the force of law.Agreement bindingFor greater certainty, the Agreement is binding on, and may be relied on by, the parties and all other persons and bodies.
James Bay and Northern Quebec Agreement prevailsThe James Bay and Northern Quebec Agreement prevails over the Agreement to the extent of any inconsistency or conflict between them.
Agreement prevailsThe Agreement prevails over this Act to the extent of any inconsistency or conflict between them.
Act prevailsSubject to subsection (2), this Act prevails over any other federal law to the extent of any inconsistency or conflict between them.James Bay and Northern Quebec Native Claims Settlement ActThe James Bay and Northern Quebec Native Claims Settlement Act prevails over this Act to the extent of any inconsistency or conflict between them.
Constitution and Cree Laws
Cree ConstitutionThe Cree Constitution is given effect and has the force of law.Constitution bindingFor greater certainty, the Cree Constitution is binding on, and may be relied on by, all persons and bodies. However, the Cree Constitution is not binding on Her Majesty in right of Canada or a province.
Cree lawA Cree law made in accordance with the Agreement and the Cree Constitution has the force of law.Third partiesFor greater certainty, a Cree law is binding on, and may be relied on by, all persons and bodies. However, a Cree law is not binding on Her Majesty in right of Canada or a province.
Cree First Nations
Continuation of Cree bandsThe Cree bands constituted as corporations under sections 12 and 12.1 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 of this Act comes into force, are continued as Cree First Nations and continue to be the same legal entities.New Cree First NationsNew Cree First Nations may be constituted in accordance with Chapter 23 of the Agreement.Legal capacityA Cree First Nation has, subject to the Agreement, the capacity, rights, powers and privileges of a natural person.
Application of Other Acts
Statutory Instruments ActThe Statutory Instruments Act does not apply to Cree laws or resolutions of Cree First Nations or of the Cree Nation Government made under the Agreement.
Indian ActExcept for the purpose of determining which of the Cree beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to Cree First Nations, nor does it apply on or in respect of Category IA land.
Non-application of certain ActsThe Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act and any other Acts of Parliament specifically applicable to corporations do not apply to Cree First Nations.ExceptionHowever, the Governor in Council may, by order, at the request of the Cree Nation Government, provide that an Act of Parliament referred to in subsection (1), or any provision of that Act, applies to any Cree First Nation.
Tax and Seizure Exemptions
Continuation of exemptionsSubject to section 9 of the James Bay and Northern Quebec Agreement, the tax and seizure exemptions regimes set out in sections 187 to 193 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 comes into force, continue to apply as provided in sections 14 to 20.
InterpretationIn this section and section 15, Indian meansin subsection (2), a Cree beneficiary who is an Indian as defined in the Indian Act; andin section 15, an Indian as defined in the Indian Act.IdemFor the purposes of this section and section 15, personal propertythat became the property of a Cree First Nation by virtue of section 13 or 13.1 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 comes into force, and had been purchased by Canada with money appropriated by Parliament,that is purchased by Canada, after July 3, 1984, with money appropriated by Parliament for the use and benefit of Indians or Cree First Nations, orthat is given, after July 3, 1984, to Indians or to a Cree First Nation under a treaty or agreement between a Cree First Nation and Canadashall be deemed always to be situated on Category IA land.
Property exempt from taxationNotwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.2(1)(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.15 of the Agreement, the following property is exempt from taxation:the interest of an Indian or a Cree First Nation in Category IA land; andthe personal property of an Indian or a Cree First Nation situated on Category IA land.Ownership, occupation, etc., of exempt propertyNotwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.2(1)(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.15 of the Agreement,no Indian or Cree First Nation is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; andno succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property or the succession thereto if the property passes to an Indian.
InterpretationIn sections 17 to 20, Indian means an Indian as defined in the Indian Act.
Property exempt from seizure, etc.Subject to this section and sections 18 to 20, movable and immovable property situated on Category IA land and belonging to a Cree beneficiary or an Indian ordinarily resident on Category IA land, and any right or interest of such a person in Category IA 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 First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land.Property exempt from seizure, etc.Subject to this section and sections 18 to 20, movable and immovable property situated on Category IA land and belonging to a Cree First Nation 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 First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land.IdemThe right or interest of a Cree First Nation in its Category IA 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.IdemA right or interest in Category IA land of a person other than a Cree beneficiary or a Cree First Nation, or the immovable property of such person situated on Category IA land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Cree beneficiary or a Cree First Nation, except where the Cree First Nation has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation.Conditional salesA person who sells movable property toa Cree beneficiary,an Indian ordinarily resident on Category IA land, ora Cree First Nationunder an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA land.
Property deemed situated on Category IA landFor the purposes of section 17, movable propertythat became the property of a Cree First Nation by virtue of section 13 or 13.1 of the Cree-Naskapi (of Quebec) Act as it read immediately before the day on which section 3 comes into force, and had been purchased with money appropriated by Parliament,that is purchased after July 3, 1984 with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries, or Cree First Nations, orthat is, after July 3, 1984, provided to Cree beneficiaries or a Cree First Nation under a treaty or agreement between a Cree First Nation and Canadashall be deemed always to be situated on Category IA land.
Property deemed to be property of a Cree First NationWhere a Cree First Nation has, pursuant to paragraph 11A.0.6 or 11.2.6, as the case may be, of the James Bay and Northern Quebec Agreement, delegated to the Cree Nation Government the power to coordinate and administer a program, movable property thatis necessary for the coordination or administration of that program,is owned by the Cree Nation Government, andwas purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries or Cree First Nationsshall, for the purposes of section 17, be deemed always to be the property of the Cree First Nation for whose use and benefit it was purchased.
Waiver of exemptionA Cree beneficiary or an Indian ordinarily resident on Category IA land may, in writing, waive the exemption conferred by subsection 17(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 land, the consent of the Cree First Nation must be obtained to the waiver and the terms and conditions thereof in accordance with the Cree Constitution.Waiver by Cree First NationA Cree First Nation may, in writing, waive the exemption conferred by subsection 17(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 in accordance with the Cree Constitution.
General
Judicial notice — AgreementJudicial notice must be taken of the Agreement.PublicationThe Agreement must be published by the Queen’s Printer.EvidenceA copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.
Judicial notice — Cree lawJudicial notice must be taken of any Cree law.EvidenceA copy of any Cree law that is certified to be a true copy by a person authorized by the Cree First Nation that made the law or the Cree Nation Government, as the case may be, is evidence of that law and of its contents, without proof of the signature or official character of the person appearing to have signed it, unless the contrary is shown.
Notice to Cree First NationIf an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of a provision of a Cree First Nation law, then the issue must not be decided until the party raising the issue has served notice on the Cree First Nation.Notice to Cree Nation GovernmentIf an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of the Agreement, the James Bay and Northern Quebec Agreement, this Act or a Cree Nation Government law, then the issue must not be decided until the party raising the issue has served notice on the Cree Nation Government.Content and timingThe notice must clearly state the contentions the person intends to assert and the grounds on which they are based and be served at least 30 days before the case is ready for trial. The notice must be accompanied by all pleadings already filed in the record.Participation in proceedingsThe Cree First Nation or the Cree Nation Government, as the case may be, becomes a party to the proceeding without further formality and may submit conclusions to the court or tribunal, in which case the court or tribunal must rule on them.WaiverOnly the Cree First Nation or the Cree Nation Government, as the case may be, may waive the notice period referred to in subsection (3).
Inuit of ChisasibiFor any period during which the council of the Cree Nation of Chisasibi does not include an Inuk of Chisasibi, the Inuit of Chisasibi are entitled to have one Inuk of Chisasibi present as an observer at meetings of that council.Regulations – Inuk observerThe Governor in Council may make regulations respecting the manner of selection and term and tenure of the Inuk observer referred to in subsection (1).Rights of Inuk observerThe Inuk observer referred to in subsection (1) shall be notified of, and has the right to attend, all council meetings, and has the right to participate in the deliberations of the council, as if he or she were a council member, but he or she does not have the right to vote.
Orders and regulationsThe Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Agreement.