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Naskapi and the Cree-Naskapi Commission Act

Version of section 105 from 2014-05-15 to 2018-03-28:


Marginal note:Right of access to IA land

  •  (1) The following persons have a right of access to any Category IA land:

    • (a) any Cree beneficiary;

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

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

  • Marginal note:Indians who are not Cree beneficiaries

    (2) A person who, immediately before the coming into force of this Part, was a member of one of the Indian Act Cree bands mentioned in subsection 12(1) but was not a Cree beneficiary has a right of access to the Category IA land of the band of which he is deemed by paragraph 18(a) to be a member.

  • Marginal note:Indians who are not Cree beneficiaries

    (2.1) A person who, immediately before the coming into force of this subsection, was an Indian, as defined in subsection 2(1) of the Indian Act, who belonged to the collectivity known as the Crees of Oujé-Bougoumou but was not a Cree beneficiary has a right of access to the Category IA land of the Oujé-Bougoumou Band.

  • Marginal note:Inuit of Fort George

    (3) The Inuit of Fort George have a right of access to the Category IA land of the Chisasibi Band.

  • 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 Naskapi band.

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

    (5) In addition to persons described in subsections (1) to (4), the following persons are permitted access to Category IA or IA-N land of a 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 or 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 114 or 115 or a person exercising a right under subsection 113(3) or (3.1); 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
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