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

Act current to 2021-01-10 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    Agreements[Repealed, 2018, c. 4, s. 5]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    Category IA land[Repealed, 2018, c. 4, s. 5]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
 
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