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

Act current to 2019-07-01

Cree Nation of Eeyou Istchee Governance Agreement Act

S.C. 2018, c. 4, s. 1

Assented to 2018-03-29

An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada

[Enacted by section 1 of chapter 4 of the Statutes of Canada, 2018, in force on assent March 29, 2018.]
Preamble

Whereas the Grand Council of the Crees (Eeyou Istchee), the Cree Nation Government and the Government of Canada have negotiated the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada;

Whereas that agreement was signed by the parties on July 18, 2017;

And whereas ratification of that agreement requires the coming into force of an Act of Parliament that gives effect to that agreement;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

  •  (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

  •  (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

 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

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

Marginal note:Act prevails

Constitution and Cree Laws

Marginal note:Cree Constitution

  •  (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

  •  (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

  •  (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

 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

 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

  •  (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

 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

  •  (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

  •  (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.

 
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