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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

PART VResidence and Access Rights on Category IA-N Land (continued)

Residence Rights (continued)

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  •  (1) to (3) [Repealed, 2018, c. 4, s. 58]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