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 2020-09-09 and last amended on 2019-07-15. Previous Versions

PART IXCessions by Band (continued)

Marginal note:Requirements for valid cession

  •  (1) A cession is not valid unless

    • (a) it is approved by the band in accordance with section 144;

    • (b) an Instrument of Cession is executed by the band in accordance with paragraph 146(b);

    • (c) the statement and document referred to in paragraphs 146(a) and (b) have been submitted to the Minister in accordance with section 146;

    • (d) the Governor in Council passes an order in council in accordance with section 147 transferring to Quebec the administration, management and control of the land described in the Instrument of Cession; and

    • (e) Quebec has, within six months of the date of the execution of the Instrument of Cession or such longer period as is specified in the Instrument of Cession,

      • (i) accepted the cession in accordance with the terms and conditions specified in the Instrument of Cession, and

      • (ii) accepted the transfer from Canada of the administration, management and control of the land described in the Instrument of Cession.

  • Marginal note:Effective date of a cession

    (2) The effective date of a cession is the date on which Quebec accepts the cession and the transfer of the administration, management and control pursuant to paragraph (1)(e), unless a later date is specified in the Instrument of Cession, in which case the effective date of the cession is that later date.

Marginal note:Cession must be approved by referendum

  •  (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.

  • Marginal note:Notice of referendum

    (2) At least thirty days prior to the day fixed for a referendum in which a proposed cession is to be voted on, a notice described in subsection (3)

    • (a) must be delivered to all holders of registered rights or interests in or on the land subject to the proposed cession by personal service or by registered mail to the holder’s address that is registered in the land registry office; and

    • (b) must be posted on the band’s Category IA-N land at a public place designated by the band.

  • Marginal note:Contents of notice

    (3) The notice referred to in subsection (2) must clearly state that a proposed cession is to be voted on in the referendum, and must clearly set out

    • (a) the time and place of the referendum;

    • (b) a reasonably accurate description of the land subject to the proposed cession; and

    • (c) the principal terms and conditions of the proposed cession.

  • 1984, c. 18, s. 144
  • 2018, c. 4, s. 84

Marginal note:Rights or interests

  •  (1) The existence of rights or interests of persons other than the band in or on Category IA-N land, or in a building located thereon, does not in itself bar a cession of that land.

  • Marginal note:Effect of cession on certain rights

    (2) Except as provided by any agreement to the contrary between the band and Quebec, all rights and interests in or on Category IA-N land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Quebec, are extinguished as of the effective date of the cession.

  • Marginal note:Compensation for extinguished registered rights or interests

    (3) Holders of registered rights or interests in or on Category IA-N land, or in buildings located thereon, whose rights or interests have been extinguished by virtue of subsection (2) are entitled to fair compensation by the band for the value (as of the time of the delivery of the notice pursuant to paragraph 144(2)(a)) of the extinguished right or interest, and the amount of compensation, if not agreed on by the band and the holder of the right or interest, shall be determined in accordance with regulations made under Part XI as if that right or interest had been expropriated by the band.

  • 1984, c. 18, s. 145
  • 2018, c. 4, s. 123

Marginal note:Documents that the band must submit to Minister

 Where the band has approved a cession pursuant to section 144, it shall cause to be submitted to the Minister or to such person as is designated by the Minister, within twenty days after the date of the referendum in which the cession was approved or such longer period as may be authorized by the Minister,

  • (a) a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein; and

  • (b) a document specifically designated as an Instrument of Cession, in prescribed form, executed by at least two council members of the band, describing the cession that was approved in the referendum.

  • 1984, c. 18, s. 146
  • 2018, c. 4, s. 122(E)

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)
 
Date modified: