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

Act current to 2022-11-16 and last amended on 2019-07-15. Previous Versions

PART XVSeizure Exemptions (continued)

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.]

 
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