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

Act current to 2021-11-17 and last amended on 2019-07-15. Previous Versions

PART VResidence and Access Rights on Category IA-N Land (continued)

Residence Rights (continued)

Marginal note:Pre-Agreement residence and occupation rights not affected

 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

  • 1984, c. 18, s. 104
  • 2009, c. 12, s. 15
  • 2018, c. 4, s. 57

Access Rights

  •  (1) to (3) [Repealed, 2018, c. 4, s. 58]

  • Marginal note:Right of access to IA-N land

    (4) The following persons have a right of access to any Category IA-N land:

    • (a) any Naskapi beneficiary;

    • (b) that beneficiary’s consort, within the meaning of section 174;

    • (c) the family to the first degree of a person described in paragraph (a) or (b); and

    • (d) a person deemed by paragraph 20.1(a) to be a member of the band.

  • Marginal note:Special categories of persons who are permitted access to Category IA-N land

    (5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the band to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question:

    • (a) a person who is authorized by a government body or any other public body, established by or under an Act of Parliament, an Act of the legislature of Quebec or a by-law of the band to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon;

    • (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon;

    • (c) a person who has an authorization for commercial exploitation of forest resources referred to in subsection 111(2);

    • (d) a holder of a mining right or other subsurface right referred to in section 115 or a person exercising a right under subsection 113(3); and

    • (e) a person authorized in writing by the band or by a by-law of the band.

  • 1984, c. 18, s. 105
  • 2009, c. 12, s. 16
  • 2018, c. 4, s. 58

Marginal note:Public’s access to public facilities

 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land.

  • 1984, c. 18, s. 106
  • 2018, c. 4, s. 59

Marginal note:Matimekosh Reserve

 Despite the Indian Act, a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement.

  • 1984, c. 18, s. 107
  • 2018, c. 4, s. 59

Marginal note:Obstruction and trespass

  •  (1) Every person who

    • (a) unlawfully interferes with a person’s residence or access right under this Part, or

    • (b) resides on, enters or remains on Category IA-N land otherwise than in accordance with a residence or access right under this Part

    is guilty of an offence.

  • Marginal note:Other remedies preserved

    (2) Subsection (1) does not affect any right or remedy that, but for that subsection, would be available in respect of a contravention of section 101.

  • 1984, c. 18, s. 108
  • 2018, c. 4, s. 123

PART VIRights of Band, Quebec and Others in Relation to Category IA-N Land

Marginal note:Quebec retains bare ownership

  •  (1) Quebec retains the bare ownership of Category IA-N land.

  • Marginal note:Band’s rights — land and resources

    (2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof.

  • 1984, c. 18, s. 109
  • 2018, c. 4, s. 60

Soapstone Deposits

Marginal note:Band ownership of soapstone deposits

 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band.

  • 1984, c. 18, s. 110
  • 2018, c. 4, s. 61

Forest Resources

Marginal note:Band’s rights subject to provincial control

  •  (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

  • Marginal note:Where approval required at band meeting

    (2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter.

  • Marginal note:Right of member of band

    (3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes.

  • 1984, c. 18, s. 111
  • 2018, c. 4, s. 62

Gravel

Marginal note:Gravel

 Where it has obtained a permit pursuant to section 191.38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.

  • 1984, c. 18, s. 112
  • 2018, c. 4, s. 63

Mineral, Subsurface and Mining Rights

Marginal note:Mineral and subsurface rights

  •  (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land.

  • Marginal note:Consent and compensation requirements

    (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.

  • Marginal note:Exception

    (3) A holder of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

  • (3.1) [Repealed, 2018, c. 4, s. 64]

  • Marginal note:Where approval required at band meeting

    (4) The following require approval 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:

    • (a) the giving by the band of the consent referred to in subsection (2);

    • (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and

    • (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2).

  • 1984, c. 18, s. 113
  • 2009, c. 12, s. 17
  • 2018, c. 4, ss. 64, 122(E)

 [Repealed, 2018, c. 4, s. 65]

Marginal note:Holders of prior rights or titles to minerals

 A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his or her right or title.

  • 1984, c. 18, s. 115
  • 2009, c. 12, s. 19
  • 2018, c. 4, s. 65

Marginal note:Manner in which rights must be exercised

  •  (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • (1.1) and (2) [Repealed, 2018, c. 4, s. 66]

  • Marginal note:Manner in which rights must be exercised

    (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • Marginal note:Compensation to band

    (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band

    • (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or

    • (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

  • Marginal note:Procedure re replacement land

    (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

  • 1984, c. 18, s. 116
  • 2009, c. 12, s. 20
  • 2018, c. 4, s. 66

Pre-Existing Rights and Interests on Category IA-N Land

  •  (1) and (1.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Certain pre-existing rights on IA-N land to continue until expiry

    (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period.

  • (3) and (3.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Previously held rights and interests

    (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

    • (a) in Category IA-N land,

    • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) in a building situated on land described in paragraph (a) or (b),

    the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

  • (5) and (5.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Previous possession or occupation

    (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

    • (a) Category IA-N land,

    • (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

    but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

  • Marginal note:Certain restrictions applicable

    (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6).

  • 1984, c. 18, s. 117
  • 2009, c. 12, s. 21
  • 2018, c. 4, s. 68

PART VIIExpropriation of Category IA-N Land by Quebec

Marginal note:Definition of expropriating authority

 In this Part, expropriating authority means

  • (a) Quebec; or

  • (b) any public body having the power of expropriation under the laws of the Province and specifically authorized by Quebec to carry out the expropriation in question.

Marginal note:Expropriations

  •  (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part.

  • Marginal note:Quebec Expropriation Act

    (2) The Expropriation Act (Quebec) applies to expropriations under this Part, except to the extent that it is inconsistent with or in conflict with this Act, in which case this Act prevails to the extent of the inconsistency or conflict.

  • 1984, c. 18, s. 119
  • 2018, c. 4, s. 69

Marginal note:Expropriation for public services or structures

  •  (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

    • (a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities;

    • (b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services;

    • (c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications;

    • (d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and

    • (e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province.

  • Marginal note:Pipelines and transmission lines

    (2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if

    • (a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on

      • (i) Category III land, or

      • (ii) [Repealed, 2018, c. 4, s. 70]

      • (iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land

      and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and

    • (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land.

  • 1984, c. 18, s. 120
  • 2018, c. 4, s. 70
 
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