Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2021-11-17 and last amended on 2019-07-15. Previous Versions

PART IXCessions by Band (continued)

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
 
Date modified: