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

Inconsistency with Federal or Provincial Law

Marginal note:Federal Acts

• 3 (1) Subject to subsection (2), where there is any inconsistency or conflict between the provisions of this Act and any other Act of Parliament, this Act shall prevail to the extent of the inconsistency or conflict.

• Marginal note:James Bay and Northern Quebec Native Claims Settlement Act

  (2) Where there is any inconsistency or conflict between the provisions of this Act and the James Bay and Northern Quebec Native Claims Settlement Act, the James Bay and Northern Quebec Native Claims Settlement Act shall prevail to the extent of the inconsistency or conflict.

Marginal note:Provincial laws of general application

4 Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provision for a matter that is provided for by this Act.

Application of Indian Act

Marginal note:Application of Indian Act

5 Except for the purpose of determining which of the Naskapi beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to the band, nor does it apply on or in respect of Category IA-N land.

Band By-laws and Resolutions

Marginal note:Territorial limits of band by-laws

6 A by-law of the band made under this Act may have application within the following territorial limits:

• (a) the band’s Category IA-N land; and

• (b) Category III land situated within the perimeter of the band’s Category IA-N land and the ownership of which was ceded by letters patent or by any other method prior to January 31, 1978.

Marginal note:By-law may require licence or permit

7 A by-law of the band made under this Act may require the holding of a licence or permit and may provide for the issuance thereof and the fees therefor.

Marginal note:By-law may prohibit activities

8 A by-law of the band made under this Act may prohibit an activity.

Marginal note:Statutory Instruments Act not to apply

9 The Statutory Instruments Act does not apply to a by-law or resolution of the band made under this Act.

9.1 [Repealed, 2018, c. 4, s. 9]

9.2 [Repealed, 2018, c. 4, s. 9]

9.3 [Repealed, 2018, c. 4, s. 9]

Regulations

Marginal note:Regulations

10 The Governor in Council may make regulations

• (a) prescribing anything that by this Act is to be prescribed; and

• (b) generally for carrying out the purposes and provisions of this Act.

Incorporation by Reference of Provincial Laws

Marginal note:Incorporation by reference of provincial laws

• 11 (1) For the purpose of applying the portion of paragraph 5.1.13 of the Northeastern Quebec Agreement dealing with the leasing of lands and the granting of real rights to non-Natives, the Governor in Council may make regulations for the purpose of making provincial law in force in the Province applicable to leasehold interests or other real rights in Category IA-N land granted to non-beneficiaries for periods exceeding five years, including any renewal thereof.

• Marginal note:Meaning of non-beneficiary

  (2) For the purposes of subsection (1), a non-beneficiary is a person who is not

  • (a) a Naskapi beneficiary;

  • (b) a corporation or other body established pursuant to the Northeastern Quebec Agreement;

  • (c) a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or

  • (d) a corporation or other body in which Naskapi beneficiaries participate, as shareholders or members or otherwise, and that is prescribed.

PART ILocal Government

Band Name

12 [Repealed, 2018, c. 4, s. 12]

12.1 [Repealed, 2018, c. 4, s. 12]

13 [Repealed, 2018, c. 4, s. 12]

13.1 [Repealed, 2018, c. 4, s. 12]

Marginal note:Naskapi Nation of Kawawachikamach

• 14 (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16:

  • (a) Naskapi Nation of Kawawachikamach, in English;

  • (b) Nation naskapie de Kawawachikamach, in French; and

  • (c) Naskapi Eeyouch Kawawachikamach, in Naskapi.

• Marginal note:Name

  (2) The band may be designated by any of its names mentioned in paragraphs (1)(a) to (c).

15 [Repealed, 2018, c. 4, s. 12]

Marginal note:Change of band name

• 16 (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

• Marginal note:Effective date of by-law

  (2) A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

Membership of Band

17 [Repealed, 2018, c. 4, s. 14]

18 [Repealed, 2018, c. 4, s. 14]

19 [Repealed, 2018, c. 4, s. 14]

Marginal note:Membership of band

20 The members of the band are the Naskapi beneficiaries.

Marginal note:Special provision for Indians who are not Naskapi beneficiaries

20.1 A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary

• (a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);

• (b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and

• (c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.