Cree Nation of Eeyou Istchee Governance Agreement Act (S.C. 2018, c. 4, s. 1)

Short Title

Marginal note:Short title

1 This Act may be cited as the Cree Nation of Eeyou Istchee Governance Agreement Act.

Interpretation

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  Agreement

  Agreement means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, entered into on July 18, 2017, between the Government of Canada, the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government, including any amendments made to it. (accord)

  Cree Constitution

  Cree Constitution means the constitution developed under section 3.1 of the Agreement and ratified in accordance with sections 31.4, 31.6 and 31.7 of the Agreement. (constitution crie)

  Cree Nation

  Cree Nation or Cree Nation of Eeyou Istchee has the same meaning as Cree Nation in section 1.1 of the Agreement. (nation crie ou nation crie d’Eeyou Istchee)

  Cree Nation Government

  Cree Nation Government means the legal person established under section 2 of An Act respecting the Cree Nation Government, CQLR, chapter G-1.031. (Gouvernement de la nation crie)

• Marginal note:Definitions used in Agreement

  (2) In this Act, Category IA land, Cree beneficiary, Cree First Nation, Cree First Nation law, Cree law, Cree Nation Government law, federal law, Inuk of Chisasibi (in the singular) or Inuit of Chisasibi (in the plural) and the James Bay and Northern Quebec Agreement have the same meaning as in section 1.1 of the Agreement.

Agreement

Marginal note:Agreement given effect

• 3 (1) The Agreement is approved, given effect and declared valid and has the force of law.

• Marginal note:Agreement binding

  (2) For greater certainty, the Agreement is binding on, and may be relied on by, the parties and all other persons and bodies.

Marginal note:James Bay and Northern Quebec Agreement prevails

4 The James Bay and Northern Quebec Agreement prevails over the Agreement to the extent of any inconsistency or conflict between them.

Marginal note:Agreement prevails

5 The Agreement prevails over this Act to the extent of any inconsistency or conflict between them.

Marginal note:Act prevails

• 6 (1) Subject to subsection (2), this Act prevails over any other federal law to the extent of any inconsistency or conflict between them.

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

  (2) The James Bay and Northern Quebec Native Claims Settlement Act prevails over this Act to the extent of any inconsistency or conflict between them.

Constitution and Cree Laws

Marginal note:Cree Constitution

• 7 (1) The Cree Constitution is given effect and has the force of law.

• Marginal note:Constitution binding

  (2) For greater certainty, the Cree Constitution is binding on, and may be relied on by, all persons and bodies. However, the Cree Constitution is not binding on Her Majesty in right of Canada or a province.

Marginal note:Cree law

• 8 (1) A Cree law made in accordance with the Agreement and the Cree Constitution has the force of law.

• Marginal note:Third parties

  (2) For greater certainty, a Cree law is binding on, and may be relied on by, all persons and bodies. However, a Cree law is not binding on Her Majesty in right of Canada or a province.

Cree First Nations

Marginal note:Continuation of Cree bands

• 9 (1) The Cree bands constituted as corporations under sections 12 and 12.1 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 of this Act comes into force, are continued as Cree First Nations and continue to be the same legal entities.

• Marginal note:New Cree First Nations

  (2) New Cree First Nations may be constituted in accordance with Chapter 23 of the Agreement.

• Marginal note:Legal capacity

  (3) A Cree First Nation has, subject to the Agreement, the capacity, rights, powers and privileges of a natural person.

Application of Other Acts

Marginal note:Statutory Instruments Act

10 The Statutory Instruments Act does not apply to Cree laws or resolutions of Cree First Nations or of the Cree Nation Government made under the Agreement.

Marginal note:Indian Act

11 Except for the purpose of determining which of the Cree beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to Cree First Nations, nor does it apply on or in respect of Category IA land.

Marginal note:Non-application of certain Acts

• 12 (1) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act and any other Acts of Parliament specifically applicable to corporations do not apply to Cree First Nations.

• Marginal note:Exception

  (2) However, the Governor in Council may, by order, at the request of the Cree Nation Government, provide that an Act of Parliament referred to in subsection (1), or any provision of that Act, applies to any Cree First Nation.

Tax and Seizure Exemptions

Marginal note:Continuation of exemptions

13 Subject to section 9 of the James Bay and Northern Quebec Agreement, the tax and seizure exemptions regimes set out in sections 187 to 193 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 comes into force, continue to apply as provided in sections 14 to 20.

Marginal note:Interpretation

• 14 (1) In this section and section 15, Indian means

  • (a) in subsection (2), a Cree beneficiary who is an Indian as defined in the Indian Act; and

  • (b) in section 15, an Indian as defined in the Indian Act.

• Marginal note:Idem

  (2) For the purposes of this section and section 15, personal property

  • (a) that became the property of a Cree First Nation by virtue of section 13 or 13.1 of the Cree-Naskapi (of Quebec) Act, as they read immediately before the day on which section 3 comes into force, and had been purchased by Canada with money appropriated by Parliament,

  • (b) that is purchased by Canada, after July 3, 1984, with money appropriated by Parliament for the use and benefit of Indians or Cree First Nations, or

  • (c) that is given, after July 3, 1984, to Indians or to a Cree First Nation under a treaty or agreement between a Cree First Nation and Canada

  shall be deemed always to be situated on Category IA land.

Marginal note:Property exempt from taxation

• 15 (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.2(1)(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.15 of the Agreement, the following property is exempt from taxation:

  • (a) the interest of an Indian or a Cree First Nation in Category IA land; and

  • (b) the personal property of an Indian or a Cree First Nation situated on Category IA land.

• Marginal note:Ownership, occupation, etc., of exempt property

  (2) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.2(1)(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.15 of the Agreement,

  • (a) no Indian or Cree First Nation is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and

  • (b) no succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property or the succession thereto if the property passes to an Indian.

Marginal note:Interpretation

16 In sections 17 to 20, Indian means an Indian as defined in the Indian Act.

Marginal note:Property exempt from seizure, etc.

• 17 (1) Subject to this section and sections 18 to 20, movable and immovable property situated on Category IA land and belonging to a Cree beneficiary or an Indian ordinarily resident on Category IA land, and any right or interest of such a person in Category IA land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land.

• Marginal note:Property exempt from seizure, etc.

  (2) Subject to this section and sections 18 to 20, movable and immovable property situated on Category IA land and belonging to a Cree First Nation is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land.

• Marginal note:Idem

  (3) The right or interest of a Cree First Nation in its Category IA land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person.

• Marginal note:Idem

  (4) A right or interest in Category IA land of a person other than a Cree beneficiary or a Cree First Nation, or the immovable property of such person situated on Category IA land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Cree beneficiary or a Cree First Nation, except where the Cree First Nation has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation.

• Marginal note:Conditional sales

  (5) A person who sells movable property to

  • (a) a Cree beneficiary,

  • (b) an Indian ordinarily resident on Category IA land, or

  • (c) a Cree First Nation

  under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA land.

Marginal note:Property deemed situated on Category IA land

18 For the purposes of section 17, movable property

• (a) that became the property of a Cree First Nation by virtue of section 13 or 13.1 of the Cree-Naskapi (of Quebec) Act as it read immediately before the day on which section 3 comes into force, and had been purchased with money appropriated by Parliament,

• (b) that is purchased after July 3, 1984 with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries, or Cree First Nations, or

• (c) that is, after July 3, 1984, provided to Cree beneficiaries or a Cree First Nation under a treaty or agreement between a Cree First Nation and Canada

shall be deemed always to be situated on Category IA land.

Marginal note:Property deemed to be property of a Cree First Nation

19 Where a Cree First Nation has, pursuant to paragraph 11A.0.6 or 11.2.6, as the case may be, of the James Bay and Northern Quebec Agreement, delegated to the Cree Nation Government the power to coordinate and administer a program, movable property that

• (a) is necessary for the coordination or administration of that program,

• (b) is owned by the Cree Nation Government, and

• (c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries or Cree First Nations

shall, for the purposes of section 17, be deemed always to be the property of the Cree First Nation for whose use and benefit it was purchased.

Marginal note:Waiver of exemption

• 20 (1) A Cree beneficiary or an Indian ordinarily resident on Category IA land may, in writing, waive the exemption conferred by subsection 17(1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA land, the consent of the Cree First Nation must be obtained to the waiver and the terms and conditions thereof in accordance with the Cree Constitution.

• Marginal note:Waiver by Cree First Nation

  (2) A Cree First Nation may, in writing, waive the exemption conferred by subsection 17(2) in favour of any person, on such terms and conditions as are agreed to by the parties, subject to the approval of the waiver and the terms and conditions thereof in accordance with the Cree Constitution.

General

Marginal note:Judicial notice — Agreement

• 21 (1) Judicial notice must be taken of the Agreement.

• Marginal note:Publication

  (2) The Agreement must be published by the Queen’s Printer.

• Marginal note:Evidence

  (3) A copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.

Marginal note:Judicial notice — Cree law

• 22 (1) Judicial notice must be taken of any Cree law.

• Marginal note:Evidence

  (2) A copy of any Cree law that is certified to be a true copy by a person authorized by the Cree First Nation that made the law or the Cree Nation Government, as the case may be, is evidence of that law and of its contents, without proof of the signature or official character of the person appearing to have signed it, unless the contrary is shown.

Marginal note:Notice to Cree First Nation

• 23 (1) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of a provision of a Cree First Nation law, then the issue must not be decided until the party raising the issue has served notice on the Cree First Nation.

• Marginal note:Notice to Cree Nation Government

  (2) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of the Agreement, the James Bay and Northern Quebec Agreement, this Act or a Cree Nation Government law, then the issue must not be decided until the party raising the issue has served notice on the Cree Nation Government.

• Marginal note:Content and timing

  (3) The notice must clearly state the contentions the person intends to assert and the grounds on which they are based and be served at least 30 days before the case is ready for trial. The notice must be accompanied by all pleadings already filed in the record.

• Marginal note:Participation in proceedings

  (4) The Cree First Nation or the Cree Nation Government, as the case may be, becomes a party to the proceeding without further formality and may submit conclusions to the court or tribunal, in which case the court or tribunal must rule on them.

• Marginal note:Waiver

  (5) Only the Cree First Nation or the Cree Nation Government, as the case may be, may waive the notice period referred to in subsection (3).

Marginal note:Inuit of Chisasibi

• 24 (1) For any period during which the council of the Cree Nation of Chisasibi does not include an Inuk of Chisasibi, the Inuit of Chisasibi are entitled to have one Inuk of Chisasibi present as an observer at meetings of that council.

• Marginal note:Regulations – Inuk observer

  (2) The Governor in Council may make regulations respecting the manner of selection and term and tenure of the Inuk observer referred to in subsection (1).

• Marginal note:Rights of Inuk observer

  (3) The Inuk observer referred to in subsection (1) shall be notified of, and has the right to attend, all council meetings, and has the right to participate in the deliberations of the council, as if he or she were a council member, but he or she does not have the right to vote.

Marginal note:Orders and regulations

25 The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Agreement.