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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 VIIIDispositions of Rights and Interests in Category IA-N Land and Buildings (continued)

Marginal note:Commercial fisheries and outfitting operations

  •  (1) A grant by the band relating to its Category IA-N land does not permit the grantee to use that land for

    • (a) a commercial fishery, or

    • (b) an outfitting operation within the meaning of An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec)

    unless explicit permission for such use is included in the terms of the grant or is subsequently given by the band.

  • Marginal note:Approval of band electors required

    (2) Permission to use Category IA-N land for a purpose mentioned in paragraph (1)(a) or (b), whether included in the terms of the grant or subsequently given by the band, requires the approval of the electors of the band at a special band meeting or referendum at which

    • (a) at least ten per cent of the electors of the band voted on the matter, in the case of permission for a period of less than twenty-five years; or

    • (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of permission for a period of twenty-five years or more.

  • 1984, c. 18, s. 135
  • 2018, c. 4, ss. 78, 123

Superficie

Marginal note:Right of superficie

  •  (1) For the purposes of this Part, a right of superficie is a right in land that entitles the holder of the right (referred to in this section as the “superficiary”) to construct and own buildings on the land.

  • Marginal note:Termination of a right of superficie

    (2) In addition to terminating through the operation of paragraphs 134(2)(a) and (b), a superficie granted under section 132 shall be deemed to expire if the band becomes the superficiary, or if there is a total loss of the land subject to the superficie.

  • Marginal note:Restoration of land to initial state

    (3) Unless otherwise agreed to in writing by the band and the superficiary prior to the expiration of the term of a superficie, the superficiary shall, at his own expense and prior to the expiration of the term of the superficie,

    • (a) remove or demolish any building owned by him on the land; and

    • (b) restore the land as near as possible to the state that it was in at the commencement of the term of the superficie.

  • Marginal note:Notice to band of intended demolition

    (4) At least ninety days before demolishing a building pursuant to paragraph (3)(a), the superficiary shall give notice to the band of his intention to demolish the building.

  • Marginal note:Band may elect to purchase building

    (5) The band shall, within forty-five days after receiving a notice referred to in subsection (4), give notice to the superficiary as to whether the band elects or does not elect to purchase the building, and, where the band fails to give such notice within that period, it shall be deemed to have elected not to purchase the building.

  • Marginal note:Effect of band’s election to purchase building

    (6) Where the band elects under subsection (5) to purchase the building, the building becomes the property of the band at the time when the band gives notice to the superficiary of its election to purchase the building, and the band shall forthwith compensate the former superficiary in an amount to be agreed on between the band and the superficiary or, where no agreement can be reached, at the fair market value.

  • Marginal note:Registration of notice of election to purchase

    (7) Where, pursuant to subsection (5), the band gives notice to the superficiary that it elects to purchase the building, the band shall cause a copy of that notice to be registered in the land registry system established by Part X, but non-compliance with this subsection does not affect the validity of the notice.

  • Marginal note:Where superficiary does not comply with subsection (3) and band does not purchase building

    (8) Where the band does not elect to purchase the building pursuant to subsection (5) and the superficiary fails to comply with subsection (3), then the building becomes the property of the band on the expiration of the term of the superficie, with no compensation payable to the superficiary.

  • Marginal note:Removal and demolition of building

    (9) Where the band removes or demolishes a building within one year after becoming the owner thereof pursuant to subsection (8), the former superficiary is liable for reasonable costs incurred by the band in so removing or demolishing the building and in restoring the land, within that one year period, as near as possible to the state that it was in at the commencement of the term of the superficie.

  • 1984, c. 18, s. 136
  • 2018, c. 4, s. 122(E)

Subsequent Transfers of Rights or Interests

Marginal note:Band approval for transfer of land originally granted for residential purposes

  •  (1) Where a right or interest in land was originally granted by the band for residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest on any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently.

  • Marginal note:Approval of electors for transfer of land originally granted for non-residential purpose

    (2) Where a right or interest in land was originally granted by the band for non-residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently, with the approval of the electors of the band at a special band meeting or referendum at which the same percentage of electors voted on the matter as would be required if the right or interest being transferred were being granted by the band under paragraph 132(1)(a).

  • Marginal note:Approval for deemed transfer of corporation’s right or interest

    (3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation.

  • 1984, c. 18, s. 137
  • 2018, c. 4, ss. 79(E), 122(E)

General

Marginal note:Consultation requirements before certain projects undertaken

 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project of a regional or provincial nature on the band’s Category IA-N land.

  • 1984, c. 18, s. 138
  • 2009, c. 12, s. 22
  • 2018, c. 4, s. 80

Marginal note:Land to be allocated for community services

  •  (1) The band shall allocate land necessary for community services provided by Quebec, its agents or mandataries, such as roads, schools, hospitals, police stations and other similar services.

  • (1.1) [Repealed, 2018, c. 4, s. 81]

  • Marginal note:Mode of allocation and fee

    (2) The allocation of land by the band pursuant to subsection (1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.

  • 1984, c. 18, s. 139
  • 2009, c. 12, s. 23
  • 2018, c. 4, ss. 81, 122(E)

Marginal note:No prescription

 No right or interest in Category IA-N land may be acquired by prescription.

  • 1984, c. 18, s. 140
  • 2018, c. 4, s. 123

PART IXCessions by Band

Marginal note:Definitions

  •  (1) In this Part,

    cession

    cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon)

    registered

    registered means registered in the land registry system referred to in Part X. (enregistré)

  • Marginal note:Granting of rights or interests under other Parts of Act

    (2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.

  • 1984, c. 18, s. 141
  • 2018, c. 4, s. 83

Marginal note:Cessions by band

  •  (1) The band may make a cession, but only to Quebec and only in accordance with this Part.

  • Marginal note:Conditional or unconditional cession

    (2) A cession may either be unconditional or may be subject to such terms and conditions as are contained in the Instrument of Cession.

  • 1984, c. 18, s. 142
  • 2018, c. 4, s. 122(E)
 
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