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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 XIICree-Naskapi Commission (continued)

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 [Repealed, 2018, c. 4, s. 98]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.

 
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