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

Act current to 2019-07-01

Tax and Seizure Exemptions (continued)

Marginal note:Interpretation

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

Marginal note:Property exempt from seizure, etc.

  •  (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

 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

 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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

 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.

 
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