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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 XIICree-Naskapi Commission (continued)

Marginal note:Notice of investigation

  •  (1) Where the Commission decides to investigate a representation, it shall forthwith give notice to

    • (a) the person who made the representation;

    • (b) the Naskapi band or each Cree First Nation referred to in the representation;

    • (c) any person whose misconduct is alleged in the representation;

    • (d) in the case of a representation referred to in paragraph 165(1)(a), the Minister; and

    • (e) the Cree Nation Government, if it is referred to in the representation.

  • Marginal note:Privacy of hearings

    (2) An investigation by the Commission under this Part shall be conducted in private unless the Commission is satisfied that the public conduct of the investigation would not be prejudicial to the interests of any person, in which case it may order the investigation to be conducted in whole or in part in public.

  • Marginal note:Identity of person who made representation

    (3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170.

  • 1984, c. 18, s. 166
  • 2009, c. 12, s. 24
  • 2018, c. 4, s. 97

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
 
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