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Naskapi and the Cree-Naskapi Commission Act

Version of section 48 from 2002-12-31 to 2018-03-28:


Marginal note:By-laws on hunting, fishing, trapping, wildlife protection

  •  (1) Subject to this section, a band may make by-laws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting

    • (a) the exercise of the right to harvest referred to in section 24 of the James Bay and Northern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

    • (b) matters described in sections 85 and 86 of that Act;

    • (c) residence requirements relating to sport hunting and sport fishing by persons other than Cree or Naskapi beneficiaries, as contemplated by section 37 of that Act; and

    • (d) the right of persons of Cree or Naskapi ancestry to harvest for personal use, as contemplated by sections 38 and 38.1 of that Act.

  • Marginal note:Proposed by-laws to be submitted to Coordinating Committee

    (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 24 of the James Bay and Northern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of a proposed by-law that

    • (a) has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

    • (b) makes no substantive change to an existing by-law.

  • Marginal note:Approval of band electors required

    (4) A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter.

  • Marginal note:Minister may disallow certain by-laws

    (5) A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it.

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