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Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Act current to 2020-09-09 and last amended on 2019-07-15. Previous Versions

Naskapi and the Cree-Naskapi Commission Act

S.C. 1984, c. 18

Assented to 1984-06-14

An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category IA-N land and respecting the Cree-Naskapi Commission

Preamble

Whereas the Government of Canada is obligated, pursuant to section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Naskapi local government, for the administration, management and control of Category IA-N land by the Naskapi band, and for the protection of certain individual and collective rights under the said agreement;

And whereas this Act is not intended to preclude the Naskapi from benefitting from future legislative or other measures respecting Indian government in Canada that are not incompatible with the said agreement;

    1984, c. 18, Preamble; 2018, c. 4, s. 3.

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

Marginal note:Short title

 This Act may be cited as the Naskapi and the Cree-Naskapi Commission Act.

  • 1984, c. 18, s. 1
  • 2018, c. 4, s. 4

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Agreements

    Agreements[Repealed, 2018, c. 4, s. 5]

    band

    band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14; (bande ou bande naskapie)

    building

    building includes a permanent structure of any kind and also includes a mobile home; (bâtiment)

    Canada

    Canada means Her Majesty in right of Canada; (Canada)

    Category IA land

    Category IA land[Repealed, 2018, c. 4, s. 5]

    Category IA-N land

    Category IA-N land means

    • (a) until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4.4 and 5 of the Northeastern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 394-81 of February 12, 1981, pursuant to sections 191.3 and 191.5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) for the exclusive use and benefit of the Indian Act Naskapis de Schefferville band, and accepted by Canada by Canada Order in Council P.C. 1981-809 of March 26, 1981,

    • (b) after the transfer to Canada by Quebec by final deed for the exclusive use and benefit of the Naskapi band pursuant to sections 4.4 and 5 of the Northeastern Quebec Agreement and section 191.6 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed,

    • (c) any land set aside as Category IA-N land pursuant to paragraph 125(1)(d) of this Act for the exclusive use and benefit of the Naskapi band, and

    • (d) any other land set aside by the Governor in Council as Category IA-N land for the exclusive use and benefit of the Naskapi band; (terre de catégorie IA-N)

    Category II land

    Category II land[Repealed, 2018, c. 4, s. 5]

    Category II-N land

    Category II-N land means the land established and allocated as Category II-N land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie II-N)

    Category III land

    Category III land means the land established as Category III land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie III)

    chief

    chief means the person holding the office of chief of the band pursuant to Part II; (chef)

    council

    council means the continuing body of persons described in section 25; (conseil)

    councillor

    councillor means a person holding office as councillor of the band pursuant to Part II; (conseiller)

    council member

    council member means the chief or a councillor of the band; (membre du conseil)

    Cree band

    Cree band[Repealed, 2018, c. 4, s. 5]

    Cree beneficiary

    Cree beneficiary[Repealed, 2018, c. 4, s. 5]

    Cree Nation Government

    Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (Gouvernement de la nation crie)

    Cree Regional Authority

    Cree Regional Authority[Repealed, 2018, c. 4, s. 5]

    elector

    elector means a member of the band who is 18 years of age or over and not under curatorship under the laws of the Province; (électeur)

    Inuk of Fort George

    Inuk of Fort George or Inuit of Fort George[Repealed, 2018, c. 4, s. 5]

    James Bay and Northern Quebec Agreement

    James Bay and Northern Quebec Agreement[Repealed, 2018, c. 4, s. 5]

    Matimekosh Reserve

    Matimekosh Reserve means the area of land described in Quebec Order in Council No. 2718 of August 21, 1968; (réserve Matimekosh)

    member

    member means a member of the band as provided in section 20; (membre)

    Minister

    Minister means the Minister of Crown-Indigenous Relations; (ministre)

    Naskapi band

    Naskapi band[Repealed, 2018, c. 4, s. 5]

    Naskapi beneficiary

    Naskapi beneficiary means a person who is enrolled or entitled to be enrolled as a Naskapi beneficiary pursuant to section 3 of the Northeastern Quebec Agreement; (bénéficiaire naskapi)

    Naskapi Development Corporation

    Naskapi Development Corporation means the Naskapi Development Corporation established by the Act respecting the Naskapi Development Corporation (Quebec); (Société de développement des Naskapis)

    Northeastern Quebec Agreement

    Northeastern Quebec Agreement means the agreement between the Indian Act Naskapis de Schefferville band, the Government of Quebec, La Société d’énergie de la Baie James, La Société de développement de la Baie James, La Commission hydroélectrique de Québec, the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association and the Government of Canada, dated January 31, 1978 and referred to in Canada Order in Council P.C. 1978-502 of February 23, 1978, as amended by

    • (a) any agreement not described in paragraph (b) made in accordance with the applicable amending provisions of the Northeastern Quebec Agreement, and

    • (b) any other agreement, whether made before or after the coming into force of this section, referred to in section 3 of An Act approving the Northeastern Quebec Agreement (Quebec); (Convention du Nord-Est québécois)

    ordinary band meeting

    ordinary band meeting means any band meeting other than a special band meeting; (Version anglaise seulement)

    Oujé-Bougoumou Band Complementary Agreement

    Oujé-Bougoumou Band Complementary Agreement[Repealed, 2018, c. 4, s. 5]

    prescribed

    prescribed means prescribed by regulation; (Version anglaise seulement)

    Province

    Province means the Province of Quebec; (province)

    Quebec

    Quebec means Her Majesty in right of Quebec; (Québec)

    referendum

    referendum means a referendum of the band referred to in sections 83 to 88; (référendum)

    special band meeting

    special band meeting means a band meeting referred to in sections 83 to 88. (assemblée extraordinaire)

  • Marginal note:Indian Act band

    (2) A reference in this Act to Indian Act band is a reference to band within the meaning of the Indian Act.

  • Marginal note:References to “natural resources” and “land”

    (3) The reference to “natural resources” in certain provisions of this Act is for emphasis only and shall not be construed as affecting in any way the meaning of the word “land” as including natural resources in those provisions or in any other provision of this Act or the regulations.

  • Marginal note:References to Quebec statutes

    (4) Unless otherwise indicated in this Act, a reference to an Act of the legislature of Quebec or to a provision thereof is a reference to that Act or provision as amended from time to time.

  • 1984, c. 18, s. 2
  • 2009, c. 12, s. 1
  • 2018, c. 4, ss. 5, 122(E)
  • 2019, c. 29, s. 373

Inconsistency with Federal or Provincial Law

Marginal note:Federal Acts

Marginal note:Provincial laws of general application

 Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provision for a matter that is provided for by this Act.

Application of Indian Act

Marginal note:Application of Indian Act

 Except for the purpose of determining which of the Naskapi beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to the band, nor does it apply on or in respect of Category IA-N land.

  • 1984, c. 18, s. 5
  • 2018, c. 4, s. 6

Band By-laws and Resolutions

Marginal note:Territorial limits of band by-laws

 A by-law of the band made under this Act may have application within the following territorial limits:

  • (a) the band’s Category IA-N land; and

  • (b) Category III land situated within the perimeter of the band’s Category IA-N land and the ownership of which was ceded by letters patent or by any other method prior to January 31, 1978.

  • 1984, c. 18, s. 6
  • 2018, c. 4, s. 8

Marginal note:By-law may require licence or permit

 A by-law of the band made under this Act may require the holding of a licence or permit and may provide for the issuance thereof and the fees therefor.

  • 1984, c. 18, s. 7
  • 2018, c. 4, s. 8

Marginal note:By-law may prohibit activities

 A by-law of the band made under this Act may prohibit an activity.

  • 1984, c. 18, s. 8
  • 2018, c. 4, s. 8

Marginal note:Statutory Instruments Act not to apply

 The Statutory Instruments Act does not apply to a by-law or resolution of the band made under this Act.

  • 1984, c. 18, s. 9
  • 2018, c. 4, s. 122(E)

 [Repealed, 2018, c. 4, s. 9]

 [Repealed, 2018, c. 4, s. 9]

 [Repealed, 2018, c. 4, s. 9]

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing anything that by this Act is to be prescribed; and

  • (b) generally for carrying out the purposes and provisions of this Act.

Incorporation by Reference of Provincial Laws

Marginal note:Incorporation by reference of provincial laws

  •  (1) For the purpose of applying the portion of paragraph 5.1.13 of the Northeastern Quebec Agreement dealing with the leasing of lands and the granting of real rights to non-Natives, the Governor in Council may make regulations for the purpose of making provincial law in force in the Province applicable to leasehold interests or other real rights in Category IA-N land granted to non-beneficiaries for periods exceeding five years, including any renewal thereof.

  • Marginal note:Meaning of non-beneficiary

    (2) For the purposes of subsection (1), a non-beneficiary is a person who is not

    • (a) a Naskapi beneficiary;

    • (b) a corporation or other body established pursuant to the Northeastern Quebec Agreement;

    • (c) a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or

    • (d) a corporation or other body in which Naskapi beneficiaries participate, as shareholders or members or otherwise, and that is prescribed.

  • 1984, c. 18, s. 11
  • 2018, c. 4, s. 10

PART ILocal Government

Band Name

 [Repealed, 2018, c. 4, s. 12]

 [Repealed, 2018, c. 4, s. 12]

 [Repealed, 2018, c. 4, s. 12]

 [Repealed, 2018, c. 4, s. 12]

Marginal note:Naskapi Nation of Kawawachikamach

  •  (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16:

    • (a) Naskapi Nation of Kawawachikamach, in English;

    • (b) Nation naskapie de Kawawachikamach, in French; and

    • (c) Naskapi Eeyouch Kawawachikamach, in Naskapi.

  • Marginal note:Name

    (2) The band may be designated by any of its names mentioned in paragraphs (1)(a) to (c).

  • 1984, c. 18, s. 14
  • 2018, c. 4, s. 12

 [Repealed, 2018, c. 4, s. 12]

Marginal note:Change of band name

  •  (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

  • Marginal note:Effective date of by-law

    (2) A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

  • 1984, c. 18, s. 16
  • 2018, c. 4, s. 13

Membership of Band

 [Repealed, 2018, c. 4, s. 14]

 [Repealed, 2018, c. 4, s. 14]

 [Repealed, 2018, c. 4, s. 14]

Marginal note:Membership of band

 The members of the band are the Naskapi beneficiaries.

  • 1984, c. 18, s. 20
  • 2018, c. 4, s. 14

Marginal note:Special provision for Indians who are not Naskapi beneficiaries

 A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary

  • (a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);

  • (b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and

  • (c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.

  • 1984, c. 18, s. 20.1
  • 2018, c. 4, s. 15

Objects and Powers of Band

Marginal note:Objects of band

 The objects of the band are

  • (a) to act as the local government authority on its Category IA-N land;

  • (b) to use, manage, administer and regulate its Category IA-N land and the natural resources thereof;

  • (c) to control the disposition of rights and interests in its Category IA-N land and in the natural resources thereof;

  • (d) to regulate the use of buildings on its Category IA-N land;

  • (e) to use, manage and administer its moneys and other assets;

  • (f) to promote the general welfare of the members of the band;

  • (g) to promote and carry out community development and charitable works in the community;

  • (h) to establish and administer services, programs and projects for members of the band and other residents of Category IA-N land and residents of the Category III land referred to in paragraph 6(b);

  • (i) to promote and preserve the culture, values and traditions of the Naskapi; and

  • (j) to exercise the powers and carry out the duties conferred or imposed on the band or on its predecessor Indian Act band by any Act of Parliament or regulations made thereunder, and by the Northeastern Quebec Agreement.

  • 1984, c. 18, s. 21
  • 2018, c. 4, s. 17

Marginal note:Legal capacity of bands

  •  (1) The band has, subject to this Act and the regulations, the capacity, rights, powers and privileges of a natural person.

  • Marginal note:Restriction on band’s commercial activities

    (2) The band shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to

    • (a) the management or administration of

      • (i) its Category IA-N land or the natural resources thereof, or

      • (ii) its buildings or other immovable assets on its Category IA-N land; or

    • (b) the provision of public services to or in respect of its Category IA-N land or residents thereof.

  • Marginal note:Band may own shares in corporations

    (3) Notwithstanding subsection (2), the band may own shares in corporations that carry on commercial activities.

  • 1984, c. 18, s. 22
  • 2018, c. 4, ss. 18(E), 122(E), 123

Marginal note:Band may not be continued under Canada Business Corporations Act

  • 1984, c. 18, s. 23
  • 2009, c. 23, ss. 322, 352
  • 2018, c. 4, ss. 19, 122(E), 134

Head Office of Band

Marginal note:Head office of band

 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.

  • 1984, c. 18, s. 24
  • 2018, c. 4, s. 20

Band Council

Marginal note:Band council

 The council of the band is a continuing body consisting of the council members holding office pursuant to Part II.

  • 1984, c. 18, s. 25
  • 2018, c. 4, s. 122(E)

Marginal note:Band acts through its council

 The band shall act through its council in exercising its powers and carrying out its duties under this Act.

  • 1984, c. 18, s. 26
  • 2018, c. 4, s. 122(E)

Marginal note:Resolutions and by-laws

 The council shall act by resolution, except where required to act by by-law.

  • 1984, c. 18, s. 27
  • 2018, c. 4, s. 21(E)

Marginal note:Chief

 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.

  • 1984, c. 18, s. 28
  • 2018, c. 4, s. 21(E)

Marginal note:Deputy chief

  •  (1) One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a).

  • Marginal note:Duties and powers of deputy chief

    (2) The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief.

  • 1984, c. 18, s. 29
  • 2018, c. 4, s. 22(E)

Council Meetings

Marginal note:Council meetings

 By-laws may be enacted or resolutions adopted only at council meetings.

Marginal note:Use of Naskapi language at council meetings

 In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language.

  • 1984, c. 18, s. 31
  • 2018, c. 4, s. 23

Marginal note:Language of by-laws and resolutions

  •  (1) A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.

  • Marginal note:Versions adopted in more than one language

    (2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.

  • 1984, c. 18, s. 32
  • 2018, c. 4, s. 23

Marginal note:Quorum of council

  •  (1) Except as provided in subsection (2), a quorum of the council consists of a majority of the number of positions of council member, subject to subsection 38(5).

  • Marginal note:Idem

    (2) Where, at any time, vacancies on the council result in there being in office fewer council members than constitute a quorum under subsection (1), the council members remaining in office constitute a quorum, subject to subsection 38(5), for the limited purpose of enabling the council to act in a care-taker capacity until such time as enough vacancies on the council have been filled pursuant to Part II to restore the quorum referred to in subsection (1).

  • Marginal note:Filling of vacancies

    (3) Nothing in this section shall be construed to relieve the band of its obligation to call elections as required by subsections 76(1) and (2).

  • Marginal note:Where general election called

    (4) Notwithstanding the length of the term of office of council members fixed pursuant to section 64 or 65 and notwithstanding the band’s obligation under subsection 76(1), where a general election of the band is called, the council of the band in office immediately before the calling of that general election continues in office until the date fixed for that general election.

  • 1984, c. 18, s. 33
  • 2018, c. 4, s. 24(E)

Marginal note:Chairmanship of meeting

  •  (1) The chief or, in his absence, the deputy chief shall act as chairman at council meetings.

  • Marginal note:Idem

    (2) In the event that both the chief and deputy chief are unable to act as chairman at a council meeting, the council shall designate another councillor to so act.

Marginal note:Voting

  •  (1) The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).

  • Marginal note:Idem

    (2) For the purposes of subsection (1), in any vote, where a council member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative.

  • Marginal note:Where tied vote

    (3) In the event of a tied vote, the chairman may, except where disqualified from voting under section 38, cast a second vote to determine the question.

  • 1984, c. 18, s. 35
  • 2018, c. 4, s. 25(E)

 [Repealed, 2018, c. 4, s. 26]

Marginal note:When council must meet

  •  (1) The council shall meet at least once in every calendar quarter.

  • Marginal note:Meetings public

    (2) Subject to subsection (3), council meetings shall be open to the public.

  • Marginal note:Decorum

    (3) The chairman of a council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting.

  • 1984, c. 18, s. 37
  • 2018, c. 4, s. 27(E)

Marginal note:Conflict of interest

  •  (1) A council member shall disclose to the council any pecuniary interest that he has in any matter before the council and shall not take part in deliberations of the council on that matter or vote on that matter.

  • Marginal note:Where disagreement

    (2) Where a disagreement arises as to whether a council member has a pecuniary interest in a matter before the council, the council shall decide by vote whether the council member has such an interest, and the council member in question may not take part in that vote.

  • Marginal note:Idem

    (3) Where the council decides pursuant to subsection (2) that a council member has a pecuniary interest in a matter before the council, the council member in question shall not take part in deliberations of the council on that matter or vote on that matter.

  • Marginal note:Where chairman is disqualified

    (4) Where, pursuant to this section, the chairman is prohibited from taking part in deliberations and from voting, he may nevertheless continue to act as chairman.

  • Marginal note:Effect of disqualification

    (5) A council member who, pursuant to this section, is disqualified from taking part in deliberations and from voting shall be considered not to be present for the purposes of

    • (a) determining a quorum under subsection 33(1) or (2); and

    • (b) determining a majority under subsection 35(1).

  • Marginal note:Offence

    (6) A council member who contravenes subsection (1) or (3) is guilty of an offence.

  • (7) [Repealed, 2018, c. 4, s. 28]

  • 1984, c. 18, s. 38
  • 2018, c. 4, s. 28

Marginal note:By-laws respecting council meetings

 The band may make by-laws respecting procedures relating to council meetings, including, without limiting the generality of the foregoing, by-laws respecting notices of meetings, agenda, procedure at meetings and voting.

  • 1984, c. 18, s. 39
  • 2018, c. 4, s. 122(E)

Committees of a Council

Marginal note:By-laws respecting committees

  •  (1) The band may make by-laws

    • (a) establishing such committees as the band considers necessary to assist in the administration of the affairs of the band; and

    • (b) setting out the composition and functions of such committees.

  • Marginal note:Membership of committees

    (2) By-laws made under subsection (1) may provide for the membership on committees of persons who are not council members.

  • Marginal note:Powers of committees

    (3) Committees may exercise only advisory or administrative functions and are responsible to the council for the performance of their functions.

  • 1984, c. 18, s. 40
  • 2018, c. 4, s. 122(E)

Band Bodies, Officers, Employees and Agents

Marginal note:Bodies, officers, employees and agents

  •  (1) The band, by resolution or by-law,

    • (a) shall appoint a band secretary and a band treasurer and fix their remuneration;

    • (b) may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and

    • (c) may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged.

  • Marginal note:Multiple office-holders

    (2) A person may hold concurrently more than one office referred to in subsection (1).

  • Marginal note:Employment agreements

    (3) The band may enter into employment agreements with its officers and employees.

  • 1984, c. 18, s. 41
  • 2018, c. 4, s. 122(E)

Marginal note:Duties of band secretary

  •  (1) The band secretary is responsible for

    • (a) the safekeeping of all the books, records and documents of the band; and

    • (b) the preparation of the minutes of all council meetings and band meetings.

  • Marginal note:Secretary may certify band documents

    (2) The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band.

  • Marginal note:Exercise of secretary’s powers

    (3) The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band.

Marginal note:Duties of band treasurer

 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.

  • 1984, c. 18, s. 43
  • 2018, c. 4, s. 29(E)

Marginal note:Return of band property

  •  (1) Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office.

  • Marginal note:Failure to comply

    (2) Any person who fails to comply with subsection (1) is guilty of an offence.

  • 1984, c. 18, s. 44
  • 2018, c. 4, s. 122(E)

By-laws Respecting Local Government

Marginal note:Power to make by-laws respecting local government

  •  (1) Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting

    • (a) the administration of band affairs and the internal management of the band;

    • (b) the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings;

    • (c) health and hygiene, including

      • (i) the prevention of overcrowding of residences,

      • (ii) the sanitary condition of public and private property,

      • (iii) the control or prohibition of activities or undertakings that constitute a danger to public health,

      • (iv) the construction, operation and regulation of waste disposal systems and the collection, removal and disposal of waste generally, and

      • (v) subject to the laws of the Province, the establishment, maintenance and operation of cemeteries;

    • (d) public order and safety, including

      • (i) the establishment, maintenance and operation of fire departments,

      • (ii) the discharge of firearms or of arms discharged by compressed air or any other means,

      • (iii) the keeping of animals,

      • (iv) curfews,

      • (v) the prohibition of the sale or exchange of alcoholic beverages,

      • (vi) the possession or consumption of alcoholic beverages in public places, and

      • (vii) the control of public games, sports, races, athletic contests and other amusements;

    • (e) the protection of the environment, including natural resources;

    • (f) the prevention of pollution;

    • (g) the definition of nuisances and the control and prohibition of nuisances;

    • (h) the taxation for local purposes, otherwise than by means of an income tax,

      • (i) of interests in its Category IA-N land, except those of Canada and Quebec, and

      • (ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,

      subject to subsections (2) and (3) and subject to and in accordance with regulations made under subsection (4);

    • (i) subject to subsection (5), the establishment, maintenance and operation of local services, including services relating to water, sewers, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, transportation, communication or snow removal, and respecting user charges for any such service;

    • (j) roads, traffic and transportation, including

      • (i) the operation and speed of vehicles,

      • (ii) the maintenance, construction and operation of roads,

      • (iii) the regulation of traffic of all kinds,

      • (iv) the transportation of dangerous substances, and

      • (v) the establishment, maintenance and operation of wharves, harbours, drydocks and other landing places;

    • (k) the operation of businesses and the carrying on of trades; and

    • (l) parks and recreation.

  • Marginal note:Taxation by-laws

    (2) The band

    • (a) may not make taxation by-laws other than those described in paragraph (1)(h); and

    • (b) may not make by-laws under paragraph (1)(h) until there are in force regulations made under subsection (4).

  • Marginal note:Idem

    (3) A by-law made under paragraph (1)(h) must be approved by the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors of the band voted on the matter.

  • Marginal note:Regulations respecting taxation power

    (4) The Governor in Council may make regulations respecting the exercise, pursuant to paragraph (1)(h), of the band’s power of taxation, including, without restricting the generality of the foregoing, regulations respecting

    • (a) assessments and the determination of tax rates;

    • (b) contestation of assessments;

    • (c) collection of taxes;

    • (d) contestation of taxation; and

    • (e) enforcement procedures.

  • Marginal note:User charge by-laws

    (5) A by-law described in paragraph (1)(i) respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service, but

    • (a) may not delegate to anyone the power to prescribe user charges or user charge rates but must itself prescribe the user charges or the user charge rates; and

    • (b) may not prescribe user charges or user charge rates that exceed the total actual or anticipated cost of providing the service.

  • Marginal note:Payment in forms other than money

    (6) The band may accept payment of a tax referred to in paragraph (1)(h) or a user charge referred to in paragraph (1)(i) in a form other than money.

  • 1984, c. 18, s. 45
  • 2018, c. 4, ss. 30, 122(E), 123

Marginal note:By-laws re land and resource use and planning

  •  (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the inventory, use and management of its Category IA-N land and the natural resources thereof;

    • (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and

    • (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.

  • Marginal note:Where plan approved by electors

    (2) Where a land use plan or resource use plan adopted pursuant to subsection (1) has been approved 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, any by-law or resolution of the band, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency.

  • 1984, c. 18, s. 46
  • 2018, c. 4, s. 31

Marginal note:Zoning by-laws

  •  (1) The band may make by-laws respecting zoning, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the division of all or part of its Category IA-N land into zones for the purpose of regulating the use of the land, natural resources thereof, and buildings; and

    • (b) the implementation of a land use plan or resource use plan referred to in subsection 46(1) that was approved by the electors of the band under subsection 46(2).

  • Marginal note:Approval of band electors required

    (2) A zoning by-law other than one described in paragraph (1)(b) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least fifteen per cent of the electors vote on the matter.

  • 1984, c. 18, s. 47
  • 2018, c. 4, ss. 122(E), 123

Marginal note:By-laws on hunting, fishing, trapping, wildlife protection

  •  (1) Subject to this section, the band may make by-laws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

    • (b) matters described in sections 85 and 86 of that Act;

    • (c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and

    • (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act.

  • Marginal note:Proposed by-laws to be submitted to Coordinating Committee

    (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of a proposed by-law that

    • (a) has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

    • (b) makes no substantive change to an existing by-law.

  • Marginal note:Approval of band electors required

    (4) A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter.

  • Marginal note:Minister may disallow certain by-laws

    (5) A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it.

  • 1984, c. 18, s. 48
  • 2018, c. 4, ss. 32, 122(E)

Marginal note:By-laws — ticketing scheme

  •  (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.

  • Marginal note:Agreement with Government of Quebec

    (2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.

  • 2018, c. 4, s. 33

Procedure for Making By-Laws and Resolutions

Marginal note:Approval by band electors may be stipulated

 Where a by-law or resolution is not required by this Act to be approved by the electors of the band, the by-law or resolution may nevertheless provide that it does not come into force unless approved by the electors of the band at a special band meeting or referendum at which the minimum percentage of electors specified in the by-law or resolution vote on the matter.

Marginal note:Original to be signed

  •  (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.

  • Marginal note:Minutes of council meetings

    (2) The minutes of a meeting of the band council are not valid unless adopted by the council by resolution and signed by

    • (a) the chairman of the meeting at which they are adopted; and

    • (b) the band secretary or such other person as is designated by by-law.

  • Marginal note:Where approval of band electors required

    (3) Where a by-law or resolution is required to be approved by the electors of the band at a special band meeting or referendum, the band secretary

    • (a) in the case of a by-law, shall attach to the original copy of the by-law a statement signed by him indicating the date when such approval was given; or

    • (b) in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first council meeting following such approval.

  • Marginal note:Non-compliance

    (4) Non-compliance with this section does not invalidate a by-law or resolution.

  • 1984, c. 18, s. 50
  • 2018, c. 4, ss. 34, 122(E)

Marginal note:Coming into force of resolutions

  •  (1) Subject to subsection (2), a resolution comes into force on the day on which it is adopted by the band or on such later day as is specified in the resolution.

  • Marginal note:Idem

    (2) Where a resolution is required to be approved by the electors of the band at a special band meeting or referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution.

  • 1984, c. 18, s. 51
  • 2018, c. 4, s. 122(E)

Marginal note:Posting of by-laws

  •  (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.

  • Marginal note:Coming into force of by-laws

    (2) A by-law enacted by the band shall come into force on the day on which it is posted, whether or not it is posted within the time set out in subsection (1), or on such day, subsequent to the day on which it is posted, as may be specified in the by-law.

  • 1984, c. 18, s. 52
  • 2018, c. 4, ss. 35, 122(E)

Marginal note:Register of by-laws

  •  (1) The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all by-laws of the band, including by-laws that have been repealed or are no longer in force.

  • Marginal note:Recording of resolutions

    (2) The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted.

  • Marginal note:By-laws to be sent to Minister

    (3) Within thirty days after the coming into force of a by-law, the band shall forward a copy thereof to the Minister.

  • Marginal note:Non-compliance

    (4) Non-compliance with this section does not affect the validity of a by-law or resolution.

Marginal note:Obtaining copies of by-laws and resolutions

 Any person is entitled to obtain a copy of a by-law or resolution of the band on payment of such reasonable fee as is fixed by the band.

  • 1984, c. 18, s. 54
  • 2018, c. 4, s. 122(E)

Challenges to By-Laws or Resolutions

Marginal note:Applications for quashing of by-law or resolution

  •  (1) Subject to section 56, a member of the band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption.

  • Marginal note:Exclusion of Federal Court’s jurisdiction

    (2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).

  • 1984, c. 18, s. 55
  • 2002, c. 8, s. 133(E)
  • 2018, c. 4, s. 122(E)

Marginal note:Time limit for applying

  •  (1) An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution.

  • Marginal note:Idem

    (2) An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution.

Marginal note:Subsequent actions

 Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person.

Transitional

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

Marginal note:Existing council of Indian Act Naskapi band

 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.

  • 1984, c. 18, s. 61
  • 2018, c. 4, s. 36

Marginal note:Provisions of this Act to apply

 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act.

  • 1984, c. 18, s. 62
  • 2018, c. 4, s. 36

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

 [Repealed, 2018, c. 4, s. 36]

PART IIBand Elections

Marginal note:Each elector entitled to vote

  •  (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)(a).

  • Marginal note:Exception

    (2) An elector who is appointed a Returning Officer or a Deputy or Assistant Returning Officer under section 71 in respect of an election is not entitled to vote in that election.

  • 1984, c. 18, s. 63
  • 2018, c. 4, s. 37

Election By-laws

Marginal note:Election by-law

 Subject to section 65 and subsection 66(1), the band may make by-laws respecting the election and term of office of its council members.

  • 1984, c. 18, s. 64
  • 2018, c. 4, s. 122(E)

Marginal note:Required minimum content of by-law

 A by-law made under section 64 shall include provision for

  • (a) the calling of elections and notices of elections;

  • (b) the number of positions of council member;

  • (c) the length of the term of office of council members;

  • (d) the method of electing council members;

  • (e) the basis on which one of the council members shall hold the office of chief;

  • (f) the basis on which one of the councillors shall hold the office of deputy chief;

  • (g) nomination procedures;

  • (h) election method and procedure; and

  • (i) the recording and certification of election results.

Marginal note:Coming into force and application of election by-law

  •  (1) A by-law made under section 64, or any amendment thereto or repeal thereof,

    • (a) does not come into force until it has been approved by

      • (i) the electors of the band at a special band meeting or referendum at which at least twenty per cent of the electors voted on the matter, and

      • (ii) the Minister; and

    • (b) applies only in respect of elections called after its coming into force.

  • Marginal note:Minister’s approval of election by-law

    (2) The Minister shall approve a by-law made under section 64 if it

    • (a) is within the power of the band under section 64; and

    • (b) includes provision for the matters listed in section 65.

  • Marginal note:Where Minister disallows by-law

    (3) Where the Minister disallows an election by-law, he shall forthwith inform the band in writing of the reasons why, in his opinion, the by-law does not meet the requirements mentioned in paragraphs (2)(a) and (b).

  • Marginal note:Where Minister deemed to have approved by-law

    (4) The Minister shall be deemed to have approved an election by-law if he does not, within thirty days of receiving a copy thereof, either approve or disallow it.

Marginal note:Regulations respecting elections

  •  (1) The Governor in Council may make regulations

    • (a) respecting the election of council members and their term of office, including the matters listed in section 65; and

    • (b) prohibiting acts that are detrimental to the conduct of free and fair elections.

  • Marginal note:Application of regulations

    (2) The regulations made under paragraph (1)(b) apply to all elections, but those made under paragraph (1)(a) apply only where, at the time of the calling of the election, there was not in force an election by-law made under section 64.

Eligibility to be Elected and to Serve as Council Member

Marginal note:Eligibility to be elected council member

 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she

  • (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) within the two year period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two year period, in respect of the most recent election for that office;

  • (b) has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office;

  • (c) is the band secretary or band treasurer referred to in section 41;

  • (d) is a judge to which the Judges Act applies or is a Crown prosecutor;

  • (e) is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (f) resides on the Matimekosh Reserve.

  • 1984, c. 18, s. 68
  • 2018, c. 4, s. 38

Marginal note:Circumstances in which office becomes vacant

 Apart from general elections referred to in section 74, an office of council member becomes vacant immediately on the occurrence of one of the following events, and only the following events:

  • (a) the election of the office-holder to that office is declared invalid pursuant to subsection 78(7);

  • (b) the office-holder

    • (i) dies or submits his resignation in writing to the council,

    • (ii) is convicted of contravening a regulation made under paragraph 67(1)(b),

    • (iii) is appointed band secretary or band treasurer pursuant to section 41,

    • (iv) is appointed a judge to which the Judges Act applies or a Crown prosecutor,

    • (v) commences a term of imprisonment as a result of having been convicted of an indictable offence, or

    • (vi) is under curatorship under the laws of the Province;

  • (c) the office-holder’s term of office expires, whether pursuant to this Act, a by-law made under section 64 or regulations made under paragraph 67(1)(a);

  • (d) the office-holder resides on the Matimekosh Reserve; or

  • (e) the office is declared vacant pursuant to section 70.

  • 1984, c. 18, s. 69
  • 2018, c. 4, s. 39

Marginal note:Removal of council member for absence

  •  (1) Where a council member has, without permission from the council, been absent from three or more consecutive council meetings otherwise than by reason of illness or incapacity, any fifteen electors of the band may file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether the office of that council member should be declared vacant.

  • Marginal note:Electors to decide question

    (2) Forthwith after the filing of a petition under subsection (1), the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether the office of the council member in question should be declared vacant, and if, with at least twenty per cent of the electors of the band voting on the question, the special band meeting decides that that office should be declared vacant, that office thereupon becomes vacant.

Returning Officers

Marginal note:Returning Officers

  •  (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office.

  • Marginal note:Deputy and Assistant Returning Officers

    (2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties.

  • Marginal note:Absence, etc., of Returning Officer

    (3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer.

  • Marginal note:Absence, etc., of both Returning Officer and Deputy Returning Officer

    (4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer.

  • 1984, c. 18, s. 71
  • 2018, c. 4, s. 40(E)

Marginal note:Eligibility to be appointed

 A person is not eligible to be appointed a Returning Officer or a Deputy or Assistant Returning Officer if he

  • (a) is not of the age of majority under the laws of the Province;

  • (b) is undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (c) has, at any time, been convicted of contravening a regulation made under paragraph 67(1)(b).

Marginal note:Circumstances in which office becomes vacant

 A Returning Officer or Deputy or Assistant Returning Officer ceases to hold office forthwith if he

  • (a) is convicted of contravening a regulation made under paragraph 67(1)(b);

  • (b) commences a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (c) is under curatorship under the laws of the Province.

  • 1984, c. 18, s. 73
  • 2018, c. 4, s. 41

Calling of Elections

Marginal note:Meaning of general election

  •  (1) Where a general election of the band is held, the term of office of every council member expires on the day of that general election.

  • Marginal note:Band may call general election

    (2) The band may hold a general election at any time.

  • 1984, c. 18, s. 74
  • 2018, c. 4, s. 122(E)

Marginal note:Electors may request general election

  •  (1) Any ten electors of the band may, subject to subsection (2), file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether a general election of the band should be held.

  • Marginal note:Limitation

    (2) A petition may not be filed under subsection (1) within one year after the previous general election or within one year after the filing of the most recent valid petition under that subsection.

  • Marginal note:Electors may require band to call general election

    (3) Within ten days after the filing of a valid petition under this section, the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether a general election of the band shall be held, and if, at that special band meeting,

    • (a) at least fifty per cent of the electors of the band vote on that question,

    • (b) the majority of those voting vote in favour of holding a general election, and

    • (c) the majority referred to in paragraph (b) consists of at least one-third of the total number of electors of the band,

    the band shall forthwith hold a general election.

  • 1984, c. 18, s. 75
  • 2018, c. 4, s. 122(E)

Marginal note:Individual election

  •  (1) The band shall hold an election for a position of council member forthwith after the expiration of the term of office of that council member.

  • Marginal note:Idem

    (2) Where a position of council member becomes vacant more than six months before the expiration of the term of office of that council member, the band shall forthwith hold an election for that position.

  • Marginal note:Idem

    (3) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, the band may hold an election for that position.

  • Marginal note:Where no quorum due to vacancies

    (4) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, and that vacancy results in there being in office less than the number of council members required to constitute a quorum under subsection 33(1), the band shall, unless it holds an election for that position or a general election, hold an ordinary band meeting within ten days for the purpose of appointing a sufficient number of council members to restore the quorum.

  • Marginal note:Method of appointment

    (5) The appointment of council members referred to in subsection (4) shall be made by a vote of the electors of the band.

  • Marginal note:Eligibility rules apply

    (6) Section 68 applies, with such modifications as the circumstances require, to appointments pursuant to subsection (5).

  • Marginal note:Term of appointed council member

    (7) A council member appointed pursuant to subsection (5) remains in office for the balance of the term in respect of which the vacancy occurred.

  • 1984, c. 18, s. 76
  • 2018, c. 4, s. 122(E)

Marginal note:Where band fails to hold election

  •  (1) Where the band fails to hold an election pursuant to subsection 75(3) or subsection 76(1) or (2) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election in question.

  • Marginal note:Idem

    (2) Where the band fails to hold an election or a special band meeting pursuant to subsection 76(4) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election or special band meeting.

  • 1984, c. 18, s. 77
  • 2018, c. 4, s. 122(E)

Contestation of election results

Marginal note:Contestation of election

  •  (1) Any candidate for election as council member or any 15 electors of the band may, within five days of the day of any election held by the band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer a written notice to that effect.

  • Marginal note:Grounds for contesting election

    (2) The election of a council member may be contested on the grounds that

    • (a) a regulation made under paragraph 67(1)(b) was contravened in respect of the election of that council member, whether or not anyone has been prosecuted or convicted for such contravention;

    • (b) there was non-compliance with this Act, a by-law made under section 64 or a regulation made under paragraph 67(1)(a) in respect of the election of that council member; or

    • (c) the person elected council member was ineligible to be elected to that office.

  • Marginal note:Petition to judge

    (3) On receipt of a notice under subsection (1), the Returning Officer shall, within two weeks, prepare and submit to a judge of the Provincial Court or Superior Court of Quebec (hereinafter in this section referred to as “the judge”) a petition in prescribed form setting out the name of the person or persons whose election is being contested, the name of the person or persons contesting the election and the grounds on which the election is being contested.

  • Marginal note:Deposit must accompany petition

    (4) A petition described in subsection (3) must be accompanied by a deposit of two hundred dollars, which, except as provided in subsection (5), shall be refunded to the person or persons contesting the election forthwith after the judge has made a decision on the petition, whether or not the judge declares the election invalid.

  • Marginal note:When deposit forfeited

    (5) Where the judge is of the opinion that the petition was not made in good faith, he may order the deposit forfeited and, where he so orders, the moneys forfeited shall be applied toward the cost of the court proceedings.

  • Marginal note:Inquiry into allegations

    (6) The judge shall inquire into the correctness of the allegations contained in the petition, and for such purposes may exercise all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Judge may declare election invalid

    (7) Where, after hearing the petition, the judge is satisfied, in respect of the election of one or more council members whose election has been contested, that a ground for contestation contained in the petition has been established and that, in the case of the grounds described in paragraph (2)(a) or (b), the offence or non-compliance materially affected the result of the election, he shall declare invalid the election of the council member or council members in respect of whose election he is so satisfied.

  • Marginal note:Duplication barred

    (8) The election of any particular council member cannot be contested a second time on the same ground in respect of the same election.

  • Marginal note:Effect on office-holder

    (9) A council member whose election is contested under this section is entitled to remain in office until such time as the judge has declared his election invalid under subsection (7).

  • 1984, c. 18, s. 78
  • 2018, c. 4, s. 42(E)

PART IIIMeetings and Referenda of the Band

Marginal note:Who may attend band meetings

 Only electors of the band have a right to attend ordinary band meetings and special band meetings, but other persons may attend with the permission of the band.

Marginal note:Use of Naskapi language

 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language.

  • 1984, c. 18, s. 80
  • 2018, c. 4, s. 43

Marginal note:Each elector may vote

 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum.

  • 1984, c. 18, s. 81
  • 2018, c. 4, s. 44(E)

Ordinary Band Meetings

Marginal note:Ordinary band meetings

  •  (1) The band shall hold at least one ordinary band meeting each calendar year.

  • Marginal note:By-laws respecting ordinary band meetings

    (2) The band may make by-laws respecting ordinary band meetings, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings, the conduct of meetings, quorums, voting, and the preparation and keeping of records of votes taken.

  • 1984, c. 18, s. 82
  • 2018, c. 4, s. 122(E)

Special Band Meetings and Referenda

Marginal note:Requirements for approval of measures

  •  (1) Except as provided in subsections 75(3) and 144(1), a matter shall be deemed to have been approved by the electors of the band at a special band meeting or referendum if

    • (a) the required minimum percentage of electors voted on the matter; and

    • (b) the majority of those voting voted in favour of the matter.

  • Marginal note:Abstentions

    (2) In any vote at a special band meeting or referendum, an elector who does not cast an affirmative vote or a negative vote or who spoils his ballot shall be deemed not to have voted.

  • 1984, c. 18, s. 83
  • 2018, c. 4, s. 122(E)

Marginal note:Notice of special band meeting or referendum

 Where the band wishes to hold a special band meeting or a referendum, it shall cause to be posted in a public place in the community, at least ten days prior to the date fixed for such meeting or referendum, a notice specifying the date, time and place of the special band meeting or referendum and containing a brief description of the matters to be decided at that special band meeting or referendum.

  • 1984, c. 18, s. 84
  • 2018, c. 4, s. 122(E)

Marginal note:Presiding officer

  •  (1) A presiding officer shall be appointed by the band for any special band meeting or referendum.

  • Marginal note:Duties of presiding officer

    (2) A presiding officer appointed pursuant to subsection (1) is responsible for the fair and orderly conduct of the special band meeting or referendum, and for the preparation of a statement, attested to by at least one witness, certifying the results of the special band meeting or referendum.

  • Marginal note:Preservation of fair and orderly conduct

    (3) The presiding officer may take such measures as are necessary to ensure the fair and orderly conduct of a special band meeting or referendum, and may cause any person engaging in disorderly conduct to be ejected from a special band meeting.

  • Marginal note:Assistants

    (4) The presiding officer may engage such other persons as are necessary to assist him in carrying out his duties under subsections (2) and (3).

Marginal note:Band by-laws re special band meetings and referenda

  •  (1) The band may make by-laws respecting special band meetings and referenda, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings and referenda, the conduct of meetings and referenda, voting at meetings and in referenda, and the preparation and keeping of records of votes taken.

  • Marginal note:By-laws raising percentage voting requirements

    (2) Where a provision of this Act, other than subsection (3), stipulates that a matter requires the approval of the electors of the band at a special band meeting or referendum at which a specified minimum percentage of the electors must vote on the matter, the band may make by-laws, subject to subsection (3), fixing a different minimum percentage, not lower than that specified in the relevant provision of this Act.

  • Marginal note:Percentage vote required for by-law under subsection (2)

    (3) A by-law made under subsection (2) requires the approval of the electors of the band at a special band meeting or referendum at which the same minimum percentage of electors voted on the matter as the minimum specified in the relevant provision of this Act referred to in that subsection.

  • Marginal note:Copy of by-law to Minister

    (4) The band shall forward to the Minister a copy of any by-law made under this section, within thirty days after its enactment.

  • 1984, c. 18, s. 86
  • 2018, c. 4, s. 122(E)

Marginal note:Regulations respecting special band meetings and referenda

  •  (1) The Governor in Council may make regulations respecting special band meetings and referenda, including, without limiting the generality of the foregoing, regulations respecting any of the specific matters referred to in subsection 86(1).

  • Marginal note:Where regulations apply

    (2) The regulations made under subsection (1) apply in respect of a special band meeting or referendum only if, at the time of the calling of that special band meeting or referendum, there is not in force any applicable by-law made under subsection 86(1).

Marginal note:Where regulation or by-law not complied with

 Non-compliance with a by-law made under section 86 or a regulation made under section 87 does not affect the validity of the result of a vote unless such non-compliance materially affected that result.

PART IVFinancial Administration

Marginal note:Fiscal year of band

  •  (1) The fiscal year of the band begins on April 1 of each year and ends on March 31 of the following year, unless otherwise provided by by-law made pursuant to subsection (2).

  • Marginal note:By-law changing fiscal year

    (2) The band may, by by-law,

    • (a) adopt a fiscal year different from that provided for in subsection (1); or

    • (b) where the band has adopted a different fiscal year pursuant to paragraph (a), revert to the fiscal year provided for in subsection (1).

  • Marginal note:Transition between old and new fiscal years

    (3) Where a by-law is made under subsection (2), the fiscal year provided for in the by-law cannot commence until after the end of the fiscal year in which the by-law came into force.

  • Marginal note:Idem

    (4) Where a by-law is made under subsection (2), the period between the end of the fiscal year in which the by-law came into force and the commencement of the fiscal year provided for in the by-law shall be deemed to be a separate fiscal year for the purposes of this Part.

  • 1984, c. 18, s. 89
  • 2018, c. 4, s. 122(E)

Marginal note:Budget

  •  (1) The band shall, by resolution, prior to the beginning of each fiscal year, adopt a budget for that fiscal year, and may, if it deems necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year.

  • Marginal note:Explanation and distribution

    (2) Forthwith after adopting a budget or supplementary budget, the band shall

    • (a) explain the budget or supplementary budget to the members of the band at an ordinary band meeting;

    • (b) make a copy thereof available at the head office of the band, for inspection by members of the band at reasonable hours; and

    • (c) send a copy of it to the Minister.

  • Marginal note:Where delay in adopting budget

    (3) Where the band fails to adopt a budget for a fiscal year prior to the beginning of that fiscal year, the budget and any supplementary budgets of the previous fiscal year apply until a new budget is adopted.

  • Marginal note:By-laws

    (4) The band may make by-laws respecting the preparation and implementation of budgets.

  • Marginal note:Authorization to spend moneys

    (5) The band may not expend moneys or commit itself, by contract or otherwise, to expend moneys, unless

    • (a) such expenditure is authorized by or under a by-law or resolution; and

    • (b) a certificate is issued by the band treasurer stating that moneys are available for such expenditure.

  • Marginal note:Position of other party

    (6) Non-compliance by the band with subsection (5) does not affect the validity or enforceability, with respect to the other party, of the band’s commitment to expend moneys, if the other party took reasonable steps to satisfy itself that the band had complied with subsection (5).

  • Marginal note:Where inconsistency with budget

    (7) Where a by-law or resolution referred to in subsection (5) is inconsistent with the band’s budget or a supplementary budget, the by-law or resolution shall so state, but a non-compliance with this subsection does not affect the validity of the by-law or resolution.

  • 1984, c. 18, s. 90
  • 2009, c. 12, s. 10
  • 2018, c. 4, ss. 46, 122(E)

Marginal note:Books of account and financial records

  •  (1) The band shall keep books of account and financial records that

    • (a) contain, as a minimum,

      • (i) an account of all moneys received and disbursed,

      • (ii) an account of revenues and expenditures,

      • (iii) a record of accounts payable and receivable,

      • (iv) an account of assets and liabilities, and

      • (v) an account of all other transactions that may affect the financial position of the band;

    • (b) conform with generally accepted accounting principles; and

    • (c) permit a comparison between

      • (i) revenues and expenditures as shown in the books of account and financial records, and

      • (ii) the projected revenues and expenditures as shown in the budget and any supplementary budget.

  • Marginal note:Access to books and records

    (2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the 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.

  • (2.1) [Repealed, 2018, c. 4, s. 47]

  • 1984, c. 18, s. 91
  • 2009, c. 12, s. 11
  • 2018, c. 4, ss. 47, 122(E)

Marginal note:Band to prepare annual financial statement

 Within two months after the end of each fiscal year, the band shall prepare a financial statement in comparative form, containing, as a minimum,

  • (a) a balance sheet;

  • (b) a statement of revenues and expenditures and a comparison of these with the amounts stated in the band’s budget and any supplementary budget; and

  • (c) any other information necessary for a fair presentation of the financial position of the band.

  • 1984, c. 18, s. 92
  • 2018, c. 4, s. 122(E)

Audit

Marginal note:Appointment of auditor

  •  (1) For each fiscal year, the electors of the band shall, at a special band meeting or referendum at which at least five per cent of the electors voted on the matter,

    • (a) appoint a duly accredited auditor and fix or provide for his remuneration; or

    • (b) authorize the council to appoint a duly accredited auditor and to fix or provide for his remuneration.

  • Marginal note:Where band fails to make appointment

    (2) Where no auditor has been appointed under subsection (1) within three months after the beginning of a fiscal year, the Minister may appoint an auditor for that fiscal year and fix his remuneration.

  • Marginal note:Term of office

    (3) The auditor appointed pursuant to subsection (1) or (2) holds office until he is re-appointed, or a new auditor is appointed, under subsection (1) or (2).

  • Marginal note:Where vacancy occurs

    (4) Where a vacancy occurs during the term of the auditor, the band shall forthwith appoint a new auditor for the remainder of the term of the former auditor and shall fix the new auditor’s remuneration.

  • Marginal note:If band fails to act

    (5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration.

  • Marginal note:Notice to the band

    (5.1) The Minister shall inform the band in writing of the appointment.

  • Marginal note:Band to pay remuneration

    (6) In all cases the auditor’s remuneration shall be paid by the band.

  • 1984, c. 18, s. 93
  • 2009, c. 12, s. 12
  • 2018, c. 4, ss. 48, 122(E)

Marginal note:Duty of auditor

  •  (1) The auditor shall, within four months after the end of the band’s fiscal year, prepare and submit to the band (with a copy to the Minister) a report on the band’s financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of the band in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year.

  • 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 and the Minister of the reasons for the delay.

  • Marginal note:Explanation of auditor’s report

    (3) The band shall present and explain the auditor’s report to the members of the band at an ordinary band meeting.

  • Marginal note:Copy of auditor’s report to be made available for inspection

    (4) The band shall make a copy of the auditor’s report available at the head office of the band, for inspection by members of the band at reasonable hours.

  • 1984, c. 18, s. 94
  • 2009, c. 12, s. 13
  • 2018, c. 4, ss. 49, 122(E)

Marginal note:Auditor’s access to records, etc.

 For the purpose of preparing his report under subsection 94(1), the auditor may at all reasonable times inspect the financial records, accounts, books, minutes vouchers and receipts of the band, its subsidiaries and any person or body who administers money on behalf of the band (in so far as the records or other documents relate to the money being administered on behalf of the band), and any person who

  • (a) obstructs the auditor in the performance of his duties, or

  • (b) having control or possession of any such documents, fails to give the auditor all reasonable assistance in the performance of his duties

is guilty of an offence.

Borrowing Powers of Band

Marginal note:Borrowing limitations

  •  (1) The band may not borrow money on either a short-term or long-term basis otherwise than in accordance with section 97 and the regulations made under section 98.

  • Marginal note:Short-term and long-term borrowing

    (2) For the purposes of this section and sections 97 and 98,

    • (a) money shall be deemed to be borrowed on a short-term basis only if

      • (i) it is borrowed for the purpose of meeting the normal operating expenditures of the band,

      • (ii) it is to be repaid within one year from the day on which it is borrowed, and

      • (iii) the band has, prior to borrowing the money, identified the source of revenue from which the money is to be repaid; and

    • (b) all borrowing that is not on a short-term basis shall be deemed to be on a long-term basis.

  • Marginal note:Repayment of loan

    (3) Where a source of revenue has been identified pursuant to subparagraph (2)(a)(iii), moneys received by the band from that source shall be applied to the repayment of the loan in question.

  • 1984, c. 18, s. 96
  • 2018, c. 4, s. 122(E)

Marginal note:Borrowing by-laws

  •  (1) Each borrowing by the band, whether on a short-term basis or on a long-term basis, must be authorized by a by-law of the band, which by-law must specify

    • (a) the amount to be borrowed and the purpose of borrowing; and

    • (b) the manner and terms of repayment and the repayment date or dates.

  • Marginal note:Long-term borrowing

    (2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter.

  • Marginal note:Idem

    (3) The band may not borrow on a long-term basis until regulations made under section 98 are in force.

  • 1984, c. 18, s. 97
  • 2018, c. 4, ss. 50, 122(E)

Marginal note:Regulations re long-term borrowing

 The Governor in Council may make regulations respecting long-term borrowing by the band.

  • 1984, c. 18, s. 98
  • 2018, c. 4, s. 51

Contracts

Marginal note:By-laws re contracts and tenders

 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement.

  • 1984, c. 18, s. 99
  • 2018, c. 4, s. 52

Appointment of Administrator

Marginal note:When administrator may be appointed

  •  (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2), 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 the band are in serious disorder, the Minister may give written notice to the 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.

  • Marginal note:Band’s opportunity to remedy situation

    (2) Where the band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.

  • 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.

  • Marginal note:Effect of appointment

    (4) Where an administrator has been appointed pursuant to subsection (3), no person shall expend moneys of the band without the consent of the administrator, and any person who violates this subsection is guilty of an offence.

  • Marginal note:Administrator’s term

    (5) The administrator appointed pursuant to subsection (3) holds office for a term of four months from the date of his appointment.

  • Marginal note:Extension of term

    (6) At the expiration of the administrator’s term of appointment referred to in subsection (5), the Minister may, where he is of the opinion that the financial affairs of the band continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months.

  • Marginal note:Idem

    (7) The Minister’s power under subsection (6) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.

  • 1984, c. 18, s. 100
  • 2009, c. 12, s. 14
  • 2018, c. 4, ss. 53, 122(E)

PART VResidence and Access Rights on Category IA-N Land

Marginal note:General prohibition against residing, etc.

 No person may reside on, enter or remain on Category IA-N land otherwise than in accordance with a residence or access right under this Part.

  • 1984, c. 18, s. 101
  • 2018, c. 4, s. 123

Marginal note:Rights subject to by-laws

  •  (1) The exercise of residence or access rights conferred by sections 103 to 106 is subject to any by-law made under subsection (2).

  • Marginal note:By-laws respecting the exercise of residence and access rights

    (2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)(a) or an authorization of access under paragraph 105(5)(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right.

  • 1984, c. 18, s. 102
  • 2018, c. 4, s. 55

Residence Rights

Marginal note:Right to reside on Category IA-N land

  •  (1) The following persons have the right to reside on Category IA-N land of the band:

    • (a) a member of the band;

    • (b) the member’s consort, within the meaning of section 174; and

    • (c) the family to the first degree of a person described in paragraph (a) or (b).

  • Marginal note:Special categories of persons who may reside on Category IA-N land

    (2) In addition to persons described in subsection (1), the following persons may reside on Category IA-N land of the band:

    • (a) a person so authorized in writing by the band or by a by-law of the band;

    • (b) a person so authorized by virtue of a grant from the band under Part VIII;

    • (c) an administrator holding office pursuant to section 100; and

    • (d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band.

  • Marginal note:Band’s control over number of outsiders

    (3) The band may prohibit a person described in paragraph (2)(d) from residing on its Category IA-N land where the number of such persons would be such as to significantly alter the demographic composition of the community.

  • 1984, c. 18, s. 103
  • 2018, c. 4, s. 56

Marginal note:Pre-Agreement residence and occupation rights not affected

 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

  • 1984, c. 18, s. 104
  • 2009, c. 12, s. 15
  • 2018, c. 4, s. 57

Access Rights

  •  (1) to (3) [Repealed, 2018, c. 4, s. 58]

  • Marginal note:Right of access to IA-N land

    (4) The following persons have a right of access to any Category IA-N land:

    • (a) any Naskapi beneficiary;

    • (b) that beneficiary’s consort, within the meaning of section 174;

    • (c) the family to the first degree of a person described in paragraph (a) or (b); and

    • (d) a person deemed by paragraph 20.1(a) to be a member of the band.

  • Marginal note:Special categories of persons who are permitted access to Category IA-N land

    (5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the band to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question:

    • (a) a person who is authorized by a government body or any other public body, established by or under an Act of Parliament, an Act of the legislature of Quebec or a by-law of the band to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon;

    • (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon;

    • (c) a person who has an authorization for commercial exploitation of forest resources referred to in subsection 111(2);

    • (d) a holder of a mining right or other subsurface right referred to in section 115 or a person exercising a right under subsection 113(3); and

    • (e) a person authorized in writing by the band or by a by-law of the band.

  • 1984, c. 18, s. 105
  • 2009, c. 12, s. 16
  • 2018, c. 4, s. 58

Marginal note:Public’s access to public facilities

 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land.

  • 1984, c. 18, s. 106
  • 2018, c. 4, s. 59

Marginal note:Matimekosh Reserve

 Despite the Indian Act, a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement.

  • 1984, c. 18, s. 107
  • 2018, c. 4, s. 59

Marginal note:Obstruction and trespass

  •  (1) Every person who

    • (a) unlawfully interferes with a person’s residence or access right under this Part, or

    • (b) resides on, enters or remains on Category IA-N land otherwise than in accordance with a residence or access right under this Part

    is guilty of an offence.

  • Marginal note:Other remedies preserved

    (2) Subsection (1) does not affect any right or remedy that, but for that subsection, would be available in respect of a contravention of section 101.

  • 1984, c. 18, s. 108
  • 2018, c. 4, s. 123

PART VIRights of Band, Quebec and Others in Relation to Category IA-N Land

Marginal note:Quebec retains bare ownership

  •  (1) Quebec retains the bare ownership of Category IA-N land.

  • Marginal note:Band’s rights — land and resources

    (2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof.

  • 1984, c. 18, s. 109
  • 2018, c. 4, s. 60

Soapstone Deposits

Marginal note:Band ownership of soapstone deposits

 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band.

  • 1984, c. 18, s. 110
  • 2018, c. 4, s. 61

Forest Resources

Marginal note:Band’s rights subject to provincial control

  •  (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

  • Marginal note:Where approval required at band meeting

    (2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter.

  • Marginal note:Right of member of band

    (3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes.

  • 1984, c. 18, s. 111
  • 2018, c. 4, s. 62

Gravel

Marginal note:Gravel

 Where it has obtained a permit pursuant to section 191.38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.

  • 1984, c. 18, s. 112
  • 2018, c. 4, s. 63

Mineral, Subsurface and Mining Rights

Marginal note:Mineral and subsurface rights

  •  (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land.

  • Marginal note:Consent and compensation requirements

    (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the 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 a right or title described in section 115 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 subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

  • (3.1) [Repealed, 2018, c. 4, s. 64]

  • Marginal note:Where approval required at band meeting

    (4) The following require approval 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:

    • (a) the giving by the band of the consent referred to in subsection (2);

    • (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and

    • (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2).

  • 1984, c. 18, s. 113
  • 2009, c. 12, s. 17
  • 2018, c. 4, ss. 64, 122(E)

 [Repealed, 2018, c. 4, s. 65]

Marginal note:Holders of prior rights or titles to minerals

 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 January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his or her right or title.

  • 1984, c. 18, s. 115
  • 2009, c. 12, s. 19
  • 2018, c. 4, s. 65

Marginal note:Manner in which rights must be exercised

  •  (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • (1.1) and (2) [Repealed, 2018, c. 4, s. 66]

  • Marginal note:Manner in which rights must be exercised

    (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • Marginal note:Compensation to band

    (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band

    • (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or

    • (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

  • Marginal note:Procedure re replacement land

    (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

  • 1984, c. 18, s. 116
  • 2009, c. 12, s. 20
  • 2018, c. 4, s. 66

Pre-Existing Rights and Interests on Category IA-N Land

  •  (1) and (1.1) [Repealed, 2018, c. 4, s. 68]

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

    (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period.

  • (3) and (3.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Previously held rights and interests

    (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

    • (a) in Category IA-N land,

    • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) in a building situated on land described in paragraph (a) or (b),

    the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

  • (5) and (5.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Previous possession or occupation

    (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

    • (a) Category IA-N land,

    • (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

    but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

  • 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 the band of a right or interest in land pursuant to subsection (4) or (6).

  • 1984, c. 18, s. 117
  • 2009, c. 12, s. 21
  • 2018, c. 4, s. 68

PART VIIExpropriation of Category IA-N Land by Quebec

Marginal note:Definition of expropriating authority

 In this Part, expropriating authority means

  • (a) Quebec; or

  • (b) any public body having the power of expropriation under the laws of the Province and specifically authorized by Quebec to carry out the expropriation in question.

Marginal note:Expropriations

  •  (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part.

  • Marginal note:Quebec Expropriation Act

    (2) The Expropriation Act (Quebec) applies to expropriations under this Part, except to the extent that it is inconsistent with or in conflict with this Act, in which case this Act prevails to the extent of the inconsistency or conflict.

  • 1984, c. 18, s. 119
  • 2018, c. 4, s. 69

Marginal note:Expropriation for public services or structures

  •  (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

    • (a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities;

    • (b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services;

    • (c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications;

    • (d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and

    • (e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province.

  • Marginal note:Pipelines and transmission lines

    (2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if

    • (a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on

      • (i) Category III land, or

      • (ii) [Repealed, 2018, c. 4, s. 70]

      • (iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land

      and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and

    • (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land.

  • 1984, c. 18, s. 120
  • 2018, c. 4, s. 70

Marginal note:What may be expropriated

  •  (1) Except as provided in subsections (2) and (3), an expropriating authority may expropriate only servitudes.

  • Marginal note:Expropriation in full ownership where necessary

    (2) Where a service or structure mentioned in subsection 120(1) cannot be established without a taking of the full use and enjoyment of the Category IA-N land, the expropriating authority may expropriate the land in full ownership.

  • Marginal note:Expropriation in full ownership required in certain cases

    (3) Where the expropriation of a servitude for the establishment of a service or structure mentioned in subsection 120(1) would effectively prevent the use or enjoyment by the band or its members of the land on which the service or structure is to be established, the expropriating authority may not expropriate the servitude in question but may only expropriate the land in full ownership.

  • 1984, c. 18, s. 121
  • 2018, c. 4, s. 123

Marginal note:Band entitled to compensation

  •  (1) Subject to section 123, the band is entitled to compensation from the expropriating authority in accordance with this section.

  • Marginal note:Compensation in land

    (2) The band is entitled to be compensated with an equal area of land where the expropriation is for a purpose mentioned in paragraph 120(1)(d).

  • Marginal note:Compensation in money

    (3) The band is entitled to be compensated in money in respect of an expropriation of a servitude for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the amount of compensation must be approved 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.

  • Marginal note:Compensation in land or money or both

    (4) The band is entitled to be compensated with an equal area of land or in money, or partly with land and partly in money, at the band’s option, in respect of land expropriated in full ownership for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the type and amount of compensation must be approved 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.

  • Marginal note:Compensation in money

    (5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

  • 1984, c. 18, s. 122
  • 2018, c. 4, ss. 71, 122(E)

Marginal note:Where no compensation payable

 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

  • 1984, c. 18, s. 123
  • 2018, c. 4, s. 72

Marginal note:Services deemed to be of direct benefit

  •  (1) For the purposes of section 123, the following services or structures shall be deemed to be of direct benefit under that section:

    • (a) services expressly requested by the band from the expropriating authority;

    • (b) essential services for the use of the members of the band as a community;

    • (c) local services normally provided by a municipal or local government, including local roads, bridges, airports and other similar services; and

    • (d) local services normally provided by a public utility.

  • Marginal note:Statement on expropriation notice

    (2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

  • Marginal note:Idem

    (3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

  • Marginal note:Disputes referrable to Administrative Tribunal of Quebec

    (4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration.

  • Marginal note:Burden of proof on expropriating authority

    (5) In any disagreement referred to in subsection (4), the burden of proof lies on the expropriating authority.

  • Marginal note:Factors to be considered

    (6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band.

  • 1984, c. 18, s. 124
  • 2018, c. 4, ss. 73, 122(E)

Marginal note:Rules governing compensation wholly or partly in land

  •  (1) Where the band is entitled to be compensated with land under paragraph 116(4)(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:

    • (a) as soon as possible after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the band shall indicate to the expropriating authority its preference as to the selection of replacement land, which preference must have been agreed to 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;

    • (b) if the selection of replacement land proposed by the band under paragraph (a) is not acceptable to Quebec, Quebec shall, taking into account the preference of the band as expressed under that paragraph, propose to the band alternative replacement land that

      • (i) is Category III land,

      • (ii) is adjacent to Category IA-N land of the band, and

      • (iii) is double the area of, and has characteristics reasonably similar to those of the expropriated land;

    • (c) the band may select from the alternative replacement land proposed by Quebec under paragraph (b) an area of land equal to the area of the expropriated land, and such selection must be approved 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;

    • (d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and

    • (e) where no agreement is reached between Quebec and the band as to the selection of replacement land within one hundred and twenty days after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the compensation to the band shall be in the form of money instead of replacement land, and where the parties cannot agree on the amount of money, which amount must be approved 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, section 127 applies.

  • (2) [Repealed, 2018, c. 4, s. 74]

  • 1984, c. 18, s. 125
  • 2018, c. 4, s. 74

Marginal note:Reclassification of expropriated land that is no longer required

 Where

  • (a) the band has been compensated with replacement land pursuant to paragraph 116(4)(a) or subsection 122(2) or (4), or

  • (b) no compensation was paid to the band pursuant to section 123,

and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification.

  • 1984, c. 18, s. 126
  • 2018, c. 4, s. 75

Marginal note:Determination of amount of money compensation referrable to Administrative Tribunal of Quebec

 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration.

  • 1984, c. 18, s. 127
  • 2018, c. 4, s. 75

Marginal note:When work may begin on service or structure

 In any expropriation under this Part, the establishment of the service or structure or the commencement of construction related thereto may proceed after sixty days from service of the expropriation notice (where the band has not contested the right to expropriate) or from the final judgment on the right to expropriate (where the band has contested that right), even if negotiations concerning compensation have not been concluded.

Marginal note:When expropriated land ceases to be Category IA-N land

 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land

  • (a) in the case where the band is not entitled to any compensation, as of the later of the two following dates:

    • (i) the date of the final judgment on the contestation of the right to expropriate or, where there is no such contestation, as of the day following the last day on which a motion of contestation may be presented, and

    • (ii) where the band claims a right to compensation, the date of the final judgment declaring that the band is not entitled to any compensation;

  • (b) in the case where the band is entitled to compensation in money, or elects pursuant to subsection 122(4) to be compensated in money, the day on which an agreement respecting compensation is concluded or, where there is no agreement as to compensation, as of the date of the final judgment on the amount of compensation pursuant to section 127;

  • (c) in the case where the band is entitled to compensation in the form of land, or where the band elects pursuant to subsection 122(4) to be compensated entirely in land, the latest of the following days:

    • (i) the day on which Canada sets aside the replacement land as Category IA-N land of the band,

    • (ii) the day on which an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and

    • (iii) the day of the final judgment on the amount of money compensation, where there has been no agreement on money compensation under paragraph 125(1)(e); or

  • (d) in the case where the band elects, pursuant to subsection 122(4), to take compensation partly in the form of land and partly in money, the latest of the following days:

    • (i) the day on which Canada sets aside replacement land as Category IA-N land of the band,

    • (ii) the day on which an agreement on money compensation is concluded,

    • (iii) the day on which, failing an agreement as to replacement land, an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and

    • (iv) the day of the final judgment on the amount of money compensation, where the amount of money compensation is not agreed on.

  • 1984, c. 18, s. 129
  • 2018, c. 4, ss. 76, 123

PART VIIIDispositions of Rights and Interests in Category IA-N Land and Buildings

Marginal note:Definitions

  •  (1) In this Part,

    lease

    lease does not include an emphyteutic lease; (bail)

    transfer

    transfer means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession. (transfert)

  • Marginal note:Deemed transfer of corporation’s right or interest

    (2) For the purposes of this Part, where a corporation holds a right or interest in Category IA-N land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred.

  • Marginal note:Civil Codes

    (3) In construing the nature and extent of the rights and interests listed in subsection 132(1), reference shall be had to the Civil Code of Quebec and the Civil Code of Lower Canada to the extent that they are not inconsistent with this Act or with the provisions of the grant of that right or interest.

  • 1984, c. 18, s. 130
  • 2018, c. 4, s. 123

Marginal note:Quebec landlord and tenant law

 Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA-N land.

  • 1984, c. 18, s. 131
  • 2018, c. 4, s. 123

Marginal note:Grants by band

  •  (1) The band may, subject to this Part, grant

    • (a) with respect to its Category IA-N land, a lease, usufruct, servitude, superficie or other right of use or occupation; and

    • (b) with respect to its buildings on its Category IA-N land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the band described in subsection 193(3), a hypothec or other charge.

  • Marginal note:Maximum term of land grant

    (2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years.

  • Marginal note:Band elector approval for non-residential grants in land over 10 years

    (3) A grant for a term of ten years or more made under paragraph (1)(a) for non-residential purposes has no effect unless approved by the electors of the band at a special band meeting or referendum at which

    • (a) at least ten per cent of the electors of the band voted on the matter, in the case of a grant for a term of less than twenty-five years; or

    • (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of a grant for a term of twenty-five years or more.

  • Marginal note:How term computed

    (4) For the purposes of subsections (2) and (3), any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant.

  • 1984, c. 18, s. 132
  • 2018, c. 4, ss. 122(E), 123

Marginal note:Grants to be in writing

 A grant made or authorization given under this Part has no effect unless it is made in writing by the band and accepted in writing by the person to whom it is given.

Marginal note:Freedom of contract

  •  (1) A grant made or authorization given under this Part may contain any terms and conditions not inconsistent with this Act.

  • Marginal note:Implied terms where grant silent

    (2) Unless otherwise provided in writing in a grant made under this Part,

    • (a) the term of a grant for non-residential purposes shall be deemed to be one year, except in the case of a grant of ownership or co-ownership of a building;

    • (b) the term of a grant for residential purposes made to an individual shall be deemed to be fifty years, except in the case of a grant of ownership or co-ownership of a building;

    • (c) the band may terminate the right or interest granted after non-use by the grantee of the right or interest for a continuous period of five years;

    • (d) the right or interest granted includes such ancillary rights as are necessary for the reasonable exercise of the right or interest granted; and

    • (e) the right or interest granted does not include

      • (i) the right of accession,

      • (ii) the right to renew the term of the grant,

      • (iii) the right to reside,

      • (iv) in the case of a right or interest in land,

        • (A) the right to subsequently transfer the right or interest or any part thereof to another person, and

        • (B) the right to construct or own a building on the land or otherwise have a building located on the land, except in the case of a grant of superficie, and

      • (v) in the case of a right or interest in a building originally granted by the band for non-residential purposes, the right to subsequently transfer that right or interest or any part thereof to another person.

Marginal note:Commercial fisheries and outfitting operations

  •  (1) A grant by the band relating to its Category IA-N land does not permit the grantee to use that land for

    • (a) a commercial fishery, or

    • (b) an outfitting operation within the meaning of An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec)

    unless explicit permission for such use is included in the terms of the grant or is subsequently given by the band.

  • Marginal note:Approval of band electors required

    (2) Permission to use Category IA-N land for a purpose mentioned in paragraph (1)(a) or (b), whether included in the terms of the grant or subsequently given by the band, requires the approval of the electors of the band at a special band meeting or referendum at which

    • (a) at least ten per cent of the electors of the band voted on the matter, in the case of permission for a period of less than twenty-five years; or

    • (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of permission for a period of twenty-five years or more.

  • 1984, c. 18, s. 135
  • 2018, c. 4, ss. 78, 123

Superficie

Marginal note:Right of superficie

  •  (1) For the purposes of this Part, a right of superficie is a right in land that entitles the holder of the right (referred to in this section as the “superficiary”) to construct and own buildings on the land.

  • Marginal note:Termination of a right of superficie

    (2) In addition to terminating through the operation of paragraphs 134(2)(a) and (b), a superficie granted under section 132 shall be deemed to expire if the band becomes the superficiary, or if there is a total loss of the land subject to the superficie.

  • Marginal note:Restoration of land to initial state

    (3) Unless otherwise agreed to in writing by the band and the superficiary prior to the expiration of the term of a superficie, the superficiary shall, at his own expense and prior to the expiration of the term of the superficie,

    • (a) remove or demolish any building owned by him on the land; and

    • (b) restore the land as near as possible to the state that it was in at the commencement of the term of the superficie.

  • Marginal note:Notice to band of intended demolition

    (4) At least ninety days before demolishing a building pursuant to paragraph (3)(a), the superficiary shall give notice to the band of his intention to demolish the building.

  • Marginal note:Band may elect to purchase building

    (5) The band shall, within forty-five days after receiving a notice referred to in subsection (4), give notice to the superficiary as to whether the band elects or does not elect to purchase the building, and, where the band fails to give such notice within that period, it shall be deemed to have elected not to purchase the building.

  • Marginal note:Effect of band’s election to purchase building

    (6) Where the band elects under subsection (5) to purchase the building, the building becomes the property of the band at the time when the band gives notice to the superficiary of its election to purchase the building, and the band shall forthwith compensate the former superficiary in an amount to be agreed on between the band and the superficiary or, where no agreement can be reached, at the fair market value.

  • Marginal note:Registration of notice of election to purchase

    (7) Where, pursuant to subsection (5), the band gives notice to the superficiary that it elects to purchase the building, the band shall cause a copy of that notice to be registered in the land registry system established by Part X, but non-compliance with this subsection does not affect the validity of the notice.

  • Marginal note:Where superficiary does not comply with subsection (3) and band does not purchase building

    (8) Where the band does not elect to purchase the building pursuant to subsection (5) and the superficiary fails to comply with subsection (3), then the building becomes the property of the band on the expiration of the term of the superficie, with no compensation payable to the superficiary.

  • Marginal note:Removal and demolition of building

    (9) Where the band removes or demolishes a building within one year after becoming the owner thereof pursuant to subsection (8), the former superficiary is liable for reasonable costs incurred by the band in so removing or demolishing the building and in restoring the land, within that one year period, as near as possible to the state that it was in at the commencement of the term of the superficie.

  • 1984, c. 18, s. 136
  • 2018, c. 4, s. 122(E)

Subsequent Transfers of Rights or Interests

Marginal note:Band approval for transfer of land originally granted for residential purposes

  •  (1) Where a right or interest in land was originally granted by the band for residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest on any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently.

  • Marginal note:Approval of electors for transfer of land originally granted for non-residential purpose

    (2) Where a right or interest in land was originally granted by the band for non-residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently, with the approval of the electors of the band at a special band meeting or referendum at which the same percentage of electors voted on the matter as would be required if the right or interest being transferred were being granted by the band under paragraph 132(1)(a).

  • Marginal note:Approval for deemed transfer of corporation’s right or interest

    (3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation.

  • 1984, c. 18, s. 137
  • 2018, c. 4, ss. 79(E), 122(E)

General

Marginal note:Consultation requirements before certain projects undertaken

 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project of a regional or provincial nature on the band’s Category IA-N land.

  • 1984, c. 18, s. 138
  • 2009, c. 12, s. 22
  • 2018, c. 4, s. 80

Marginal note:Land to be allocated for community services

  •  (1) The band shall allocate land necessary for community services provided by Quebec, its agents or mandataries, such as roads, schools, hospitals, police stations and other similar services.

  • (1.1) [Repealed, 2018, c. 4, s. 81]

  • Marginal note:Mode of allocation and fee

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

  • 1984, c. 18, s. 139
  • 2009, c. 12, s. 23
  • 2018, c. 4, ss. 81, 122(E)

Marginal note:No prescription

 No right or interest in Category IA-N land may be acquired by prescription.

  • 1984, c. 18, s. 140
  • 2018, c. 4, s. 123

PART IXCessions by Band

Marginal note:Definitions

  •  (1) In this Part,

    cession

    cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon)

    registered

    registered means registered in the land registry system referred to in Part X. (enregistré)

  • Marginal note:Granting of rights or interests under other Parts of Act

    (2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.

  • 1984, c. 18, s. 141
  • 2018, c. 4, s. 83

Marginal note:Cessions by band

  •  (1) The band may make a cession, but only to Quebec and only in accordance with this Part.

  • Marginal note:Conditional or unconditional cession

    (2) A cession may either be unconditional or may be subject to such terms and conditions as are contained in the Instrument of Cession.

  • 1984, c. 18, s. 142
  • 2018, c. 4, s. 122(E)

Marginal note:Requirements for valid cession

  •  (1) A cession is not valid unless

    • (a) it is approved by the band in accordance with section 144;

    • (b) an Instrument of Cession is executed by the band in accordance with paragraph 146(b);

    • (c) the statement and document referred to in paragraphs 146(a) and (b) have been submitted to the Minister in accordance with section 146;

    • (d) the Governor in Council passes an order in council in accordance with section 147 transferring to Quebec the administration, management and control of the land described in the Instrument of Cession; and

    • (e) Quebec has, within six months of the date of the execution of the Instrument of Cession or such longer period as is specified in the Instrument of Cession,

      • (i) accepted the cession in accordance with the terms and conditions specified in the Instrument of Cession, and

      • (ii) accepted the transfer from Canada of the administration, management and control of the land described in the Instrument of Cession.

  • Marginal note:Effective date of a cession

    (2) The effective date of a cession is the date on which Quebec accepts the cession and the transfer of the administration, management and control pursuant to paragraph (1)(e), unless a later date is specified in the Instrument of Cession, in which case the effective date of the cession is that later date.

Marginal note:Cession must be approved by referendum

  •  (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.

  • Marginal note:Notice of referendum

    (2) At least thirty days prior to the day fixed for a referendum in which a proposed cession is to be voted on, a notice described in subsection (3)

    • (a) must be delivered to all holders of registered rights or interests in or on the land subject to the proposed cession by personal service or by registered mail to the holder’s address that is registered in the land registry office; and

    • (b) must be posted on the band’s Category IA-N land at a public place designated by the band.

  • Marginal note:Contents of notice

    (3) The notice referred to in subsection (2) must clearly state that a proposed cession is to be voted on in the referendum, and must clearly set out

    • (a) the time and place of the referendum;

    • (b) a reasonably accurate description of the land subject to the proposed cession; and

    • (c) the principal terms and conditions of the proposed cession.

  • 1984, c. 18, s. 144
  • 2018, c. 4, s. 84

Marginal note:Rights or interests

  •  (1) The existence of rights or interests of persons other than the band in or on Category IA-N land, or in a building located thereon, does not in itself bar a cession of that land.

  • Marginal note:Effect of cession on certain rights

    (2) Except as provided by any agreement to the contrary between the band and Quebec, all rights and interests in or on Category IA-N land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Quebec, are extinguished as of the effective date of the cession.

  • Marginal note:Compensation for extinguished registered rights or interests

    (3) Holders of registered rights or interests in or on Category IA-N land, or in buildings located thereon, whose rights or interests have been extinguished by virtue of subsection (2) are entitled to fair compensation by the band for the value (as of the time of the delivery of the notice pursuant to paragraph 144(2)(a)) of the extinguished right or interest, and the amount of compensation, if not agreed on by the band and the holder of the right or interest, shall be determined in accordance with regulations made under Part XI as if that right or interest had been expropriated by the band.

  • 1984, c. 18, s. 145
  • 2018, c. 4, s. 123

Marginal note:Documents that the band must submit to Minister

 Where the band has approved a cession pursuant to section 144, it shall cause to be submitted to the Minister or to such person as is designated by the Minister, within twenty days after the date of the referendum in which the cession was approved or such longer period as may be authorized by the Minister,

  • (a) a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein; and

  • (b) a document specifically designated as an Instrument of Cession, in prescribed form, executed by at least two council members of the band, describing the cession that was approved in the referendum.

  • 1984, c. 18, s. 146
  • 2018, c. 4, s. 122(E)

Marginal note:Transfer to Quebec of administration, management and control

 Where section 146 has been complied with, the Governor in Council shall, by order, transfer to Quebec the administration, management and control of the land described in the Instrument of Cession subject to any terms or conditions set out in the Instrument of Cession.

Marginal note:Effect of cession

 As of the effective date of a cession, the land ceded ceases to be Category IA-N land.

  • 1984, c. 18, s. 148
  • 2018, c. 4, s. 123

Marginal note:Land registry system

 The band shall, within sixty days of the effective date of a cession, deposit the Instrument of Cession in the land registry office referred to in Part X, but non-compliance with this section does not affect the validity or effective date of the cession.

  • 1984, c. 18, s. 149
  • 2018, c. 4, s. 122(E)

PART XLand Registry System

Marginal note:Enforceability of rights and interests

  •  (1) A right or an interest in Category IA-N land or in a building situated thereon granted after the coming into force of this Part, other than

    • (a) an authorization from the band referred to in subsection 111(2),

    • (b) a right or interest granted by the band referred to in paragraph 113(4)(b),

    • (c) a right conferred by section 115, and

    • (d) a servitude expropriated by an expropriating authority under Part VII,

    is not enforceable against a third party unless it is registered in accordance with the regulations made under section 151,

  • Marginal note:Enforceability of hypothecs

    (2) A hypothec granted after the coming into force of this Part on an interest in Category IA-N land or in a building situated thereon is not enforceable against that interest unless it is registered in accordance with the regulations made under section 151.

  • 1984, c. 18, s. 150
  • 2018, c. 4, ss. 85, 122(E), 123

Marginal note:Regulations for establishment and maintenance of land registry system

 The Governor in Council may make regulations for establishing and maintaining a land registry system, under the control and supervision of the Minister, for the registration of rights and interests in Category IA-N land and in buildings situated thereon, and, without restricting the generality of the foregoing, may make regulations respecting

  • (a) the establishment and maintenance of land registry offices and their hours of operation;

  • (b) the administration of the land registry system, including officers and employees and their powers and duties;

  • (c) the procedure for registering rights and interests, including forms and fees;

  • (d) the manner and form in which books and records are to be maintained by the land registry offices;

  • (e) the effects of registering a right or interest, including priorities;

  • (f) the registering of surveys of Category IA-N land;

  • (g) the cancellation of instruments registered in the land registry system; and

  • (h) the keeping by the land registry offices of non-registrable documents for the purpose of facilitating the management or administration of Category IA-N land or of buildings situated thereon.

  • 1984, c. 18, s. 151
  • 2018, c. 4, ss. 86, 123

Marginal note:Duties of band

  •  (1) The band shall deposit in the land registry office a copy of

    • (a) every grant by the band made pursuant to section 132,

    • (b) every authorization from the band referred to in subsection 111(2),

    • (c) every grant by the band referred to in paragraph 113(4)(b),

    • (d) every authorization by the band referred to in section 137,

    • (e) every land use plan or resource use plan adopted pursuant to subsection 46(1), and

    • (f) every zoning by-law made under section 47,

    together with evidence of the approval of the electors of the band where such is required by this Act.

  • Marginal note:Validity not affected by non-compliance

    (2) Failure of the band to comply with subsection (1) does not affect the validity of the grant, authorization, plan or by-law in question.

  • Marginal note:Deposit does not constitute registration

    (3) For greater certainty, the deposit of a document under subsection (1) does not constitute registration of that document.

  • 1984, c. 18, s. 152
  • 2018, c. 4, s. 122(E)

PART XIExpropriation by Band

Marginal note:Rights and interests that the band may expropriate

 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for

  • (a) a right or interest of Canada or Quebec;

  • (b) a right conferred by section 115; and

  • (c) a servitude expropriated by an expropriating authority under Part VII.

  • 1984, c. 18, s. 153
  • 2018, c. 4, s. 88

Marginal note:Acquisition by mutual agreement

 The right of the band to expropriate pursuant to this Part does not restrict any right that the band has under this Act to acquire, by mutual agreement, rights or interests in land or buildings.

  • 1984, c. 18, s. 154
  • 2018, c. 4, s. 122(E)

Marginal note:Compensation

 The band shall, subject to and in accordance with regulations made under section 156, pay compensation to holders of rights or interests expropriated pursuant to this Part.

  • 1984, c. 18, s. 155
  • 2018, c. 4, s. 122(E)

Marginal note:Regulations

 The Governor in Council may make regulations respecting substantive or procedural aspects of expropriations permitted by this Part, including, without limiting the generality of the foregoing, regulations respecting

  • (a) procedure governing expropriation, including the taking of possession, compulsory taking of possession and transfer of title;

  • (b) entitlement to compensation, determination of the amount of compensation and the method for payment of compensation; and

  • (c) contestation of

    • (i) the right of the band to expropriate,

    • (ii) the right of the expropriated party to compensation, and

    • (iii) the amount of compensation.

  • 1984, c. 18, s. 156
  • 2018, c. 4, s. 122(E)

PART XIICree-Naskapi Commission

Marginal note:Interpretation

 In this Part,

Commission

Commission means the Cree-Naskapi Commission established by section 158; (Commission)

Cree First Nation

Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (première nation crie)

member

member means a member of the Commission; (commissaire)

representation

representation includes a complaint. (Version anglaise seulement)

  • 1984, c. 18, s. 157
  • 2018, c. 4, s. 90

Marginal note:Cree-Naskapi Commission established

  •  (1) There shall be a commission, to be known as the Cree-Naskapi Commission, consisting of a maximum of three individuals appointed by the Governor in Council on the recommendation of the Cree Nation Government and the Naskapi band.

  • Marginal note:Chairman

    (2) The Governor in Council shall designate one member of the Commission as Chairman.

  • 1984, c. 18, s. 158
  • 2018, c. 4, s. 91

Marginal note:Eligibility

 A council member, officer, employee or agent of a Cree First Nation or the Naskapi band is not eligible to be appointed or to continue to serve as a member of the Commission.

  • 1984, c. 18, s. 159
  • 2018, c. 4, s. 92

Marginal note:Term of office

  •  (1) Except as provided by subsection (3), a member shall be appointed for a term of two years.

  • Marginal note:Tenure

    (2) A member may be removed for cause.

  • Marginal note:Vacancy

    (3) Where a member dies or resigns or is removed for cause, a new member shall be appointed for the duration of the unexpired term of the former member.

  • Marginal note:Eligibility for re-appointment

    (4) A member is eligible for re-appointment on the expiration of his term of office.

  • Marginal note:Temporary substitute member

    (5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Nation Government and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council.

  • Marginal note:Remuneration of members

    (6) Members of the Commission shall be paid such remuneration as is fixed by the Governor in Council.

  • 1984, c. 18, s. 160
  • 2018, c. 4, s. 93

Marginal note:Head office

 The head office of the Commission shall be in the City of Val d’Or, Quebec or at such other place as the Governor in Council, on the recommendation of the Cree Nation Government and the Naskapi band, may designate.

  • 1984, c. 18, s. 161
  • 2018, c. 4, s. 94

Marginal note:Staff

  •  (1) The Commission may, with the approval of the Treasury Board, employ or engage such officers, employees and agents as are necessary for the proper conduct of the work of the Commission.

  • Marginal note:Remuneration of staff

    (2) Persons employed or engaged under subsection (1) shall be paid such remuneration as is fixed by the Commission with the approval of the Treasury Board.

  • Marginal note:Not part of federal public administration

    (3) The members of the Commission and persons employed or engaged under subsection (1) are not part of the federal public administration by reason only of such membership, employment or engagement.

  • Marginal note:Financial

    (4) The remuneration of the members of the Commission and of persons employed or engaged under subsection (1) shall be paid out of money appropriated by Parliament for that purpose.

  • 1984, c. 18, s. 162
  • 2003, c. 22, s. 224(E)

Marginal note:Quorum

  •  (1) A quorum of the Commission consists of all members.

  • Marginal note:Majority

    (2) Decisions of the Commission shall be made by majority vote, except as provided in section 164.

  • Marginal note:Rules

    (3) The Commission may make rules for the conduct of its business.

Marginal note:Commission may delegate its powers

 The Commission may, by unanimous decision of its members, delegate its powers or duties, except the power referred to in subsection 163(3), to one or more of its members.

  • 1984, c. 18, s. 164
  • 2018, c. 4, s. 95

Marginal note:Duties of Commission

  •  (1) Subject to subsections (2) and (3), the Commission shall

    • (a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and

    • (b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.

  • Marginal note:Exception

    (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced.

  • Marginal note:Commission’s discretion

    (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied

    • (a) that the representation has not been made in good faith;

    • (b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation;

    • (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or

    • (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued.

  • Marginal note:Commission to state grounds for refusal

    (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based.

  • 1984, c. 18, s. 165
  • 2018, c. 4, s. 96

Marginal note:Notice of investigation

  •  (1) Where the Commission decides to investigate a representation, it shall forthwith give notice to

    • (a) the person who made the representation;

    • (b) the Naskapi band or each Cree First Nation referred to in the representation;

    • (c) any person whose misconduct is alleged in the representation;

    • (d) in the case of a representation referred to in paragraph 165(1)(a), the Minister; and

    • (e) the Cree Nation Government, if it is referred to in the representation.

  • Marginal note:Privacy of hearings

    (2) An investigation by the Commission under this Part shall be conducted in private unless the Commission is satisfied that the public conduct of the investigation would not be prejudicial to the interests of any person, in which case it may order the investigation to be conducted in whole or in part in public.

  • Marginal note:Identity of person who made representation

    (3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170.

  • 1984, c. 18, s. 166
  • 2009, c. 12, s. 24
  • 2018, c. 4, s. 97

Marginal note:Commission may request evidence

 The Commission, where it deems it necessary in the conduct of an investigation under this Part, may request any person to appear before it, give evidence and produce documents and things, but such a person is under no obligation to comply with the request, and the Commission has no power of subpoena.

Marginal note:Protection against negative findings

 The Commission shall not make any negative finding against a person unless it has given him reasonable notice of his alleged misconduct that might form the subject of such a finding and has allowed him an opportunity to be heard in person or by counsel.

Marginal note:Protection of members of Commission

  •  (1) No action lies against the Commission, any member thereof, or any person holding an office or appointment under the Commission, for anything done or reported or said in the course of the exercise or intended exercise of his official functions, unless it is shown that he acted in bad faith.

  • Marginal note:Protection of witnesses

    (2) In the absence of malice, no action for defamation lies against a person for testimony that he has given under oath before the Commission.

Marginal note:Report of investigation

 At the conclusion of an investigation under this Part, the Commission shall prepare a report stating its findings, conclusions and recommendations in respect of the matter investigated, and shall forthwith send copies of the report to the persons referred to in subsection 166(1) and to any person against whom the Commission has made a negative finding.

 [Repealed, 2018, c. 4, s. 98]

Marginal note:Inquiry into the functioning of the Commission

  •  (1) Within six months after the fifth anniversary of the coming into force of this Part, the Governor in Council shall appoint a person or persons to inquire into the powers, duties and operation of the Commission.

  • Marginal note:Report to be tabled in Parliament

    (2) The person or persons appointed under subsection (1) shall, within six months after being appointed, submit a report to the Minister, containing such recommendations as they consider appropriate, and the Minister shall cause the report to be laid before each House of Parliament on any of the first ten days on which that House is sitting after the day the Minister receives it.

PART XIIISuccessions

Marginal note:Application of Part

 This Part applies only in respect of the succession of a Naskapi beneficiary who dies after the coming into force of this Part and who, at the time of his or her death, was domiciled on Category IA-N land.

  • 1984, c. 18, s. 173
  • 2018, c. 4, s. 99

Marginal note:Definitions

 In this Part,

child

child includes an adopted child, where the adoption

  • (a) was done in accordance with, or is recognized by, the laws of the Province, or

  • (b) was done in accordance with Naskapi custom; (enfant)

consort

consort means one of two consorts; (Version anglaise seulement)

consorts

consorts means two persons

  • (a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province,

  • (b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or

  • (c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; (conjoints)

family council

family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; (conseil de famille)

traditional property

traditional property means

  • (a) all movable property, excluding money, normally used in the exercise of the right to harvest referred to in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), other than movable property used in commercial fishing, and includes, without limiting the generality of the foregoing, vehicles, boats, motors, guns, traps and camping equipment, and

  • (b) animal products or by-products that are the product of the exercise of the right to harvest described in paragraph (a). (biens traditionnels)

  • 1984, c. 18, s. 174
  • 2018, c. 4, s. 100

Marginal note:Lawful heirs on intestate succession

 For purposes of intestate succession, a surviving consort and a surviving child are included in the class of lawful heirs of a deceased Naskapi beneficiary.

  • 1984, c. 18, s. 175
  • 2018, c. 4, s. 101

Marginal note:Valid forms of wills

  •  (1) The following constitute valid wills:

    • (a) an instrument that is a valid will under the laws of the Province; and

    • (b) an instrument accepted by the Minister as a will pursuant to subsection (2).

  • Marginal note:Wills accepted by Minister

    (2) The Minister may accept as a will any written instrument signed by a Naskapi beneficiary, or bearing his or her mark, in which he or she indicates his or her wishes or intention with respect to the disposition of his or her property on his or her death.

  • 1984, c. 18, s. 176
  • 2018, c. 4, s. 102

Marginal note:Article 599a of Civil Code not applicable

 Deeds relating to the acceptance, renunciation or settlement of

  • (a) a succession composed wholly or partly of movable, immovable or traditional property located on Category IA-N land, or

  • (b) a succession in which persons suffering legal incapacity are interested

are not required to be made in authentic form as required by Article 599a of the Civil Code of Lower Canada, but must be in the form prescribed under this Act.

  • 1984, c. 18, s. 177
  • 2018, c. 4, s. 123

Marginal note:Representation of minor heirs

  •  (1) Where a Naskapi beneficiary who is a minor under the laws of the Province and ordinarily resident on Category IA-N land, inherits movable or immovable property by virtue of a testamentary or an intestate succession, the parents of that beneficiary are the legal guardians of that property.

  • Marginal note:Legal guardians

    (2) Legal guardians by virtue of subsection (1) shall act jointly, except where one of them is deceased or under a legal incapacity or fails for any reason to act within a reasonable time, in which case the other may act alone.

  • 1984, c. 18, s. 178
  • 2018, c. 4, s. 103

Marginal note:Vacant succession

 Where a Naskapi beneficiary dies leaving no lawful heirs or where all the heirs renounce the succession, the deceased’s movable and immovable property become the property of the band, unless the band renounces such succession, in which case it shall be dealt with as a vacant succession.

  • 1984, c. 18, s. 179
  • 2018, c. 4, s. 104

Marginal note:Intestacy

 On an intestacy of a Naskapi beneficiary, a majority of the lawful heirs may appoint the band to administer or provide for the administration of the succession (except as regards traditional property), in which case the band may charge a fee for its services.

  • 1984, c. 18, s. 180
  • 2018, c. 4, s. 104

Disposition of Traditional Property on an Intestacy

Marginal note:Disposition of traditional property on intestacy

  •  (1) Where a Naskapi beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his or her death to decide on the disposition of his or her traditional property.

  • Marginal note:Powers of family council

    (2) The family council referred to in subsection (1) may dispose of the deceased’s traditional property in accordance with its decision, and may appoint a willing individual to administer the deceased’s estate accordingly.

  • 1984, c. 18, s. 181
  • 2018, c. 4, s. 105

Marginal note:Composition of family council

  •  (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons:

    • (a) his surviving consort, if any;

    • (b) any surviving children of the age of majority and the legal representatives of any surviving minor children; and

    • (c) any surviving parent.

  • Marginal note:Where no survivors in immediate family

    (2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.

  • 1984, c. 18, s. 182
  • 2018, c. 4, s. 106(E)

Marginal note:Where family council deadlocked

 Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision.

  • 1984, c. 18, s. 183
  • 2018, c. 4, s. 107

Marginal note:Circumstances in which band council acts as the family council

  •  (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.

  • Marginal note:Idem

    (2) Where, on the death of a Naskapi beneficiary,

    • (a) the deceased leaves no surviving relatives,

    • (b) for any reason a family council cannot be formed, or

    • (c) the family council has not met within one year after the deceased’s death,

    the council of the band shall act as the deceased’s family council.

  • 1984, c. 18, s. 184
  • 2018, c. 4, s. 108

Marginal note:Effect of disposition

 A disposition of any traditional property of a deceased Naskapi beneficiary by the deceased’s family council pursuant to this Part passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient.

  • 1984, c. 18, s. 185
  • 2018, c. 4, s. 109(E)

Marginal note:Where a recipient renounces traditional property

 Where any person designated by the family council of a deceased Naskapi beneficiary to receive the deceased’s traditional property pursuant to this Part renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed by the laws of the Province relating to intestate succession.

  • 1984, c. 18, s. 186
  • 2018, c. 4, s. 109(E)

PART XIVTax Exemptions

Marginal note:Interpretation

  •  (1) In this Part, Indian means

    • (a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act; and

    • (b) in section 188, an Indian as defined in the Indian Act.

  • Marginal note:Idem

    (2) For the purposes of this Part, personal property

    • (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament,

    • (b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or

    • (c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada

    shall be deemed always to be situated on Category IA-N land.

  • 1984, c. 18, s. 187
  • 2009, c. 12, s. 25
  • 2018, c. 4, s. 110

Marginal note:Property exempt from taxation

  •  (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any by-laws of the band made pursuant to paragraph 45(1)(h), the following property is exempt from taxation:

    • (a) the interest of an Indian or the band in Category IA-N land; and

    • (b) the personal property of an Indian or the band situated on Category IA-N land.

  • Marginal note:Ownership, occupation, etc., of exempt property

    (2) Notwithstanding any other Act of Parliament or of the legislature of any province,

    • (a) neither an Indian nor the band 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; and

    • (b) no 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.

  • 1984, c. 18, s. 188
  • 2018, c. 4, ss. 111, 122(E)

PART XVSeizure Exemptions

Marginal note:Interpretation

 In this Part, “Indian” means an Indian as defined in the Indian Act.

Marginal note:Property exempt from seizure, etc.

  •  (1) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to a Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land, and any right or interest of such a person in Category 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 Naskapi beneficiary, the band or 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-N land and belonging to the 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 Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.

  • Marginal note:Idem

    (3) The right or interest of the band in its Category 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.

  • Marginal note:Idem

    (4) A right or interest in Category IA-N land of a person other than a Naskapi beneficiary or the band, or the immovable property of such person situated on Category IA-N land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Naskapi beneficiary or the band, except where the band 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.

  • Marginal note:Conditional sales

    (5) A person who sells movable property to

    • (a) a Naskapi beneficiary,

    • (b) an Indian ordinarily resident on Category IA-N land, or

    • (c) the band

    under 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-N land.

  • 1984, c. 18, s. 190
  • 2009, c. 12, s. 26
  • 2018, c. 4, s. 112

Marginal note:Property deemed situated on Category IA-N land

 For the purposes of section 190, movable property

  • (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, 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, Naskapi beneficiaries, or the band, or

  • (c) that is, after the coming into force of this Part, provided to Naskapi beneficiaries or the band under a treaty or agreement between the band and Canada

shall be deemed always to be situated on Category IA-N land.

  • 1984, c. 18, s. 191
  • 2009, c. 12, s. 27
  • 2018, c. 4, s. 113
  •  (1) [Repealed, 2018, c. 4, s. 114]

  • Marginal note:Property deemed to be property of the Naskapi band

    (2) Where the 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 band

    shall, for the purposes of section 190, be deemed always to be the property of the band.

  • 1984, c. 18, s. 192
  • 2018, c. 4, s. 114

Marginal note:Waiver of exemption

  •  (1) A Naskapi beneficiary or an Indian ordinarily resident on Category 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-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) The 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.

  • 1984, c. 18, s. 193
  • 2018, c. 4, ss. 115, 122(E)

PART XVIPolicing

 [Repealed, 2018, c. 4, s. 116]

Marginal note:Policing jurisdiction (Naskapis)

  •  (1) For the purposes of the territorial jurisdiction of the Naskapi village municipality under the Police Act (Quebec), the territory of that municipality shall be deemed to include Category IA-N land.

  • Marginal note:Jurisdiction of municipal police force

    (2) The police force of the Naskapi village municipality referred to in subsection (1) and the members of that force have jurisdiction over Category IA-N land for the purpose of enforcing the applicable laws of Canada and Quebec and the applicable by-laws of the band.

Marginal note:Agreements for policing services

  •  (1) The band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with

    • (a) Quebec,

    • (b) the Cree Nation Government,

    • (c) the Kativik Regional Government (within the meaning of An Act concerning Northern Villages and the Kativik Regional Government (Quebec)), or

    • (d) [Repealed, 2018, c. 4, s. 117]

    • (e) any other body empowered to provide policing services

    for the provision of policing services on its Category IA-N land.

  • (1.1) [Repealed, 2018, c. 4, s. 117]

  • Marginal note:Jurisdiction of police forces

    (2) A police force and the members thereof providing policing services pursuant to an agreement made under subsection (1) have jurisdiction over the Category IA-N land of the band for the purposes of enforcing the applicable laws of Canada and Quebec and the applicable by-laws of the band.

  • 1984, c. 18, s. 196
  • 2009, c. 12, s. 29
  • 2018, c. 4, ss. 117, 123

PART XVIIOffences

Marginal note:Offences under Act

 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2), 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.

  • 1984, c. 18, s. 197
  • 2009, c. 12, s. 30
  • 2018, c. 4, s. 118

Marginal note:Contravention of regulations

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

  • Marginal note:Regulations may fix maximum punishment

    (2) The Governor in Council may make regulations stipulating a maximum fine or a maximum term of imprisonment, or both, for contravention of a regulation, but such maximum fine or maximum term of imprisonment may not exceed two thousand dollars or six months, respectively.

Marginal note:Contravention of by-law

  •  (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 $5,000 or six months, respectively.

  • Marginal note:Idem

    (3) A by-law made under paragraph 45(1)(h) may not impose a term of imprisonment for non-payment of taxes.

  • 1984, c. 18, s. 199
  • 2009, c. 12, s. 31
  • 2018, c. 4, s. 119

Marginal note:Alternative procedure — ticketing scheme

 In addition to the summary conviction procedures of Part XXVII of the Criminal Code, a proceeding in respect of a contravention indicated in the by-laws made under section 48.1 of this Act may be commenced in accordance with the ticketing scheme established by those by-laws.

  • 2018, c. 4, s. 120

PART XVIIIAdministration of Justice

Marginal note:Jurisdiction of justices of the peace

  •  (1) In addition to the courts and persons having jurisdiction in respect of the offences listed in paragraphs (a) and (b), justices of the peace appointed pursuant to section 12.4.1 of the Northeastern Quebec Agreement have jurisdiction in respect of

    • (a) offences under subsection 199(1); and

    • (b) offences under the following provisions of the Criminal Code: section 266 (assault), section 445 (injuring or endangering animals) and section 445.1 (cruelty to animals).

  • Marginal note:Summary conviction court

    (2) For the purpose of exercising their jurisdiction in respect of offences listed in paragraphs (1)(a) and (b), the justices of the peace referred to in subsection (1) are a summary conviction court within the meaning of Part XXVII of the Criminal Code.

  • Marginal note:References to Criminal Code

    (3) The words in parenthesis in paragraph (1)(b) form no part of that paragraph but shall be deemed to have been inserted for convenience of reference only.

  • 1984, c. 18, s. 200
  • 2018, c. 4, s. 121

PART XIXGeneral

Marginal note:Where signatory of document unable to write

 Where, under this Act or any regulation or by-law made thereunder, a document is required to be signed by a person and that person is unable to write, that person’s mark shall constitute his signature if

  • (a) the mark is affixed to the document in the presence of a witness who is able to write; and

  • (b) the witness affixes his signature to the document beside the mark of the person for whom he is acting as witness.

Marginal note:Commissioners of oaths

  •  (1) In addition to any person authorized to act as a commissioner of oaths under the laws of Canada or of the Province, the chief of the band and the band secretary are ex officio commissioners of oaths for the purposes of this Act and any regulation or by-law made thereunder.

  • Marginal note:No fee permitted

    (2) The chief and band secretary shall not charge any fee or other compensation whatsoever for acting as a commissioner of oaths pursuant to subsection (1).

  • 1984, c. 18, s. 202
  • 2018, c. 4, s. 122(E)

Marginal note:Certified copies of documents

  •  (1) The band secretary may issue certified copies of any by-law or resolution of the band or of any other document issued under the authority of the band.

  • Marginal note:Idem

    (2) The band treasurer may issue certified copies of all or any part of the books of account and financial records of the band.

  • Marginal note:Admissibility of certified copies

    (3) In every case in which an original document could be received in evidence, a certified copy of that document issued under subsection (1) is receivable in evidence without proof of the signature or the official character of the person or persons appearing to have signed the document.

  • 1984, c. 18, s. 203
  • 2018, c. 4, s. 122(E)

PART XXConsequential Amendments to Other Acts

 [Amendments to other Acts]

Coming into Force

Marginal note:Coming into force

Footnote * This Act, or any provision thereof, shall come into force on a day or days to be fixed by proclamation.

  • Return to footnote *[Note: Act, except sections 36 and 157 to 172, in force July 3, 1984, sections 36 and 157 to 172 in force December 1, 1984, see SI/84-129.]

RELATED PROVISIONS

  • — 2009, c. 12, s. 32

    • 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.

  • — 2018, c. 4, s. 124

    • Cree-Naskapi Commission’s report to Parliament
      • 124 (1) The Cree-Naskapi Commission may prepare and submit to the Minister of Indian Affairs and Northern Development a last report in English, French, Cree and Naskapi, for the period beginning on the day that follows the end of the period for which the 2016 Report of the Cree-Naskapi Commission was completed and ending on the day on which section 98 comes into force, on the implementation of the Cree-Naskapi (of Quebec) Act, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the day on which the Minister receives it.

      • Circulation of report

        (2) As soon as feasible after the report is laid before each House of Parliament, the Minister shall send a copy of the report to the Cree Nation Government, the Naskapi Development Corporation, the council of each Cree First Nation and the council of the Naskapi band.

      • Definitions

        (3) The following definitions apply in this section.

        Cree First Nation

        Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act. (première nation crie)

        Cree-Naskapi Commission

        Cree-Naskapi Commission means the Commission established by section 158 of the Naskapi and the Cree-Naskapi Commission Act. (Commission crie-naskapie)

        Cree Nation Government

        Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act. (Gouvernement de la nation crie)

        Naskapi band

        Naskapi band has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (bande naskapie)

        Naskapi Development Corporation

        Naskapi Development Corporation has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (Société de développement des Naskapis)

  • — 2019, c. 29, par. 373(2)(g)

      • Other references to Minister of Indian Affairs and Northern Development

         (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions:

        • (g) section 32 of An Act to amend the Cree-Naskapi (of Quebec) Act, chapter 12 of the Statutes of Canada, 2009.

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