Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts”.

This enactment gives effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada. It amends the Cree-Naskapi (of Quebec) Act to reduce the administrative burden related to the internal governance of the Naskapi, to ensure that the Act no longer applies to the Crees of Eeyou Istchee and to make changes to certain aspects of the mandate of the Cree-Naskapi Commission to take into account the Agreement. It also makes related and consequential amendments to other Acts.

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

An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category IA-N land and respecting the Cree-Naskapi Commission

Short title

1 This Act may be cited as the Naskapi and the Cree-Naskapi Commission Act.

band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14; (bande ou bande naskapie)

Category III land means the land established as Category III land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie III)

chief means the person holding the office of chief of the band pursuant to Part II; (chef)

council member means the chief or a councillor of the band; (membre du conseil)

elector means a member of the band who is 18 years of age or over and not under curatorship under the laws of the Province; (électeur)

member means a member of the band as provided in section 20; (membre)

• (a) until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4.‍4 and 5 of the Northeastern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 394-81 of February 12, 1981, pursuant to sections 191.‍3 and 191.‍5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) for the exclusive use and benefit of the Indian Act Naskapis de Schefferville band, and accepted by Canada by Canada Order in Council P.‍C. 1981-809 of March 26, 1981,

• (b) after the transfer to Canada by Quebec by final deed for the exclusive use and benefit of the Naskapi band pursuant to sections 4.‍4 and 5 of the Northeastern Quebec Agreement and section 191.‍6 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed,

Naskapi Development Corporation means the Naskapi Development Corporation established by the Act respecting the Naskapi Development Corporation (Quebec); (Société de développement des Naskapis)

assemblée extraordinaire L’assemblée de la bande mentionnée aux articles 83 à 88.‍ (special band meet­ing)

personne morale ou personnalité morale S’entendent au sens de « corporation » dans la Convention du Nord-Est québécois.‍ (French version only)

Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (Gouvernement de la nation crie)

Indian Act band

(2) A reference in this Act to Indian Act band is a reference to band within the meaning of the Indian Act.

Application of Indian Act

5 Except for the purpose of determining which of the Naskapi beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to the band, nor does it apply on or in respect of Category IA-N land.

Règlements administratifs et résolutions de la bande

Territorial limits of band by-laws

6 A by-law of the band made under this Act may have application within the following territorial limits:

• (a) the band’s Category IA-N land; and

• (b) Category III land situated within the perimeter of the band’s Category IA-N land and the ownership of which was ceded by letters patent or by any other method prior to January 31, 1978.

By-law may require licence or permit

7 A by-law of the band made under this Act may require the holding of a licence or permit and may provide for the issuance thereof and the fees therefor.

By-law may prohibit activities

8 A by-law of the band made under this Act may prohibit an activity.

Incorporation by reference of provincial laws

11 (1) For the purpose of applying the portion of paragraph 5.‍1.‍13 of the Northeastern Quebec Agreement dealing with the leasing of lands and the granting of real rights to non-Natives, the Governor in Council may make regulations for the purpose of making provincial law in force in the Province applicable to leasehold interests or other real rights in Category IA-N land granted to non-beneficiaries for periods exceeding five years, including any renewal thereof.

• (a) a Naskapi beneficiary;

• (b) a corporation or other body established pursuant to the Northeastern Quebec Agreement;

• (c) a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or

• (d) a corporation or other body in which Naskapi beneficiaries participate, as shareholders or members or otherwise, and that is prescribed.

Administration locale

Band Name

Naskapi Nation of Kawawachikamach

14 (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16:

• (a) Naskapi Nation of Kawawachikamach, in English;

• (b) Nation naskapie de Kawawachikamach, in French; and

• (c) Naskapi Eeyouch Kawawachikamach, in Naskapi.

Name

(2) The band may be designated by any of its names mentioned in paragraphs (1)‍(a) to (c).

Change of band name

16 (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

Membership of Band

Membership of band

20 The members of the band are the Naskapi beneficiaries.

• (a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)‍(a) and (b) and subsections 94(3) and (4) and 103(1);

• (b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)‍(a)‍(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and

• (c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.

Objects and Powers of Band

Objects of band

21 The objects of the band are

• (a) to act as the local government authority on its Category IA-N land;

• (b) to use, manage, administer and regulate its Category IA-N land and the natural resources thereof;

• (c) to control the disposition of rights and interests in its Category IA-N land and in the natural resources thereof;

• (d) to regulate the use of buildings on its Category IA-N land;

• (h) to establish and administer services, programs and projects for members of the band and other residents of Category IA-N land and residents of the Category III land referred to in paragraph 6(b);

• (i) to promote and preserve the culture, values and traditions of the Naskapi; and

• (j) to exercise the powers and carry out the duties conferred or imposed on the band or on its predecessor Indian Act band by any Act of Parliament or regulations made thereunder, and by the Northeastern Quebec Agreement.

Legal capacity of band

22 (1) The band has, subject to this Act and the regulations, the capacity, rights, powers and privileges of a natural person.

• (ii) its buildings or other immovable assets on its Category IA-N land; or

• (b) the provision of public services to or in respect of its Category IA-N land or residents thereof.

Band may not be continued under Canada Business Corporations Act

23 (1) Section 268 of the Canada Business Corporations Act does not apply to the band.

Acts not applicable to band

(2) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the band.

Head office of band

24 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.

Resolutions and by-laws

27 The council shall act by resolution, except where required to act by by-law.

Chief

28 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.

Deputy chief

29 (1) One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)‍(a).

Use of Naskapi language at council meetings

31 In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language.

Language of by-laws and resolutions

32 (1) A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.

Versions adopted in more than one language

(2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.

Quorum of council

33 (1) Except as provided in subsection (2), a quorum of the council consists of a majority of the number of positions of council member, subject to subsection 38(5).

Voting

35 (1) The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).

When council must meet

37 (1) The council shall meet at least once in every calendar quarter.

Duties of band treasurer

43 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.

Power to make by-laws respecting local government

45 (1) Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting

• (ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,

By-laws re land and resource use and planning

46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting

• (a) the inventory, use and management of its Category IA-N land and the natural resources thereof;

• (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and

• (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.

• (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

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

• (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.‍1 of that Act.

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 15 of the Northeastern 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.

By-laws — ticketing scheme

48.‍1 (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.

Agreement with Government of Quebec

(2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.

Original to be signed

50 (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.

Posting of by-laws

52 (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.

Existing council of Indian Act Naskapi band

61 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.

Provisions of this Act to apply

62 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act.

Each elector entitled to vote

63 (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)‍(a).

Eligibility to be elected council member

68 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she

• (f) resides on the Matimekosh Reserve.

• (vi) is under curatorship under the laws of the Province;

• (d) the office-holder resides on the Matimekosh Reserve; or

Returning Officers

71 (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office.

Deputy and Assistant Returning Officers

(2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties.

Absence, etc.‍, of Returning Officer

(3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer.

Absence, etc.‍, of both Returning Officer and Deputy Returning Officer

(4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer.

• (c) is under curatorship under the laws of the Province.

Contestation of election

78 (1) Any candidate for election as council member or any 15 electors of the band may, within five days of the day of any election held by the band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer a written notice to that effect.

Use of Naskapi language

80 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language.

Each elector may vote

81 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum.

Financial Administration

• (c) send a copy of it to the Minister.

Access to books and records

(2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the band, and a person is guilty of an offence who

If band fails to act

(5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration.

Notice to the band

(5.‍1) The Minister shall inform the band in writing of the appointment.

Where report delayed

(2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band and the Minister of the reasons for the delay.

Long-term borrowing

(2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter.

Regulations re long-term borrowing

98 The Governor in Council may make regulations respecting long-term borrowing by the band.

By-laws re contracts and tenders

99 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement.

When administrator may be appointed

100 (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of the band are in serious disorder, the Minister may give written notice to the band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing.

Appointment of administrator

(3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band.

Residence and Access Rights on Category IA-N Land

By-laws respecting the exercise of residence and access rights

(2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)‍(a) or an authorization of access under paragraph 105(5)‍(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right.

Right to reside on Category IA-N land

103 (1) The following persons have the right to reside on Category IA-N land of the band:

• (a) a member of the band;

Special categories of persons who may reside on Category IA-N land

(2) In addition to persons described in subsection (1), the following persons may reside on Category IA-N land of the band:

• (a) a person so authorized in writing by the band or by a by-law of the band;

• (b) a person so authorized by virtue of a grant from the band under Part VIII;

• (d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band.

Band’s control over number of outsiders

(3) The band may prohibit a person described in paragraph (2)‍(d) from residing on its Category IA-N land where the number of such persons would be such as to significantly alter the demographic composition of the community.

Pre-Agreement residence and occupation rights not affected

104 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

• (d) a person deemed by paragraph 20.‍1(a) to be a member of the band.

Special categories of persons who are permitted access to Category IA-N land

(5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the 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:

• (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon;

• (d) a holder of a mining right or other subsurface right referred to in section 115 or a person exercising a right under subsection 113(3); and

Public’s access to public facilities

106 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.‍45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land.

Matimekosh Reserve

107 Despite the Indian Act, a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.‍25A of the Northeastern Quebec Agreement.

Rights of Band, Quebec and Others in Relation to Category IA-N Land

Quebec retains bare ownership

109 (1) Quebec retains the bare ownership of Category IA-N land.

Band’s rights — land and resources

(2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof.

Band ownership of soapstone deposits

110 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band.

Band’s rights subject to provincial control

111 (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.‍40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

Where approval required at band meeting

(2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter.

Right of member of band

(3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes.

Gravel

112 Where it has obtained a permit pursuant to section 191.‍38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.

Mineral and subsurface rights

113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land.

Consent and compensation requirements

(2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.

Exception

(3) A holder of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

• (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and

Holders of prior rights or titles to minerals

115 A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his or her right or title.

Manner in which rights must be exercised

116 (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

Manner in which rights must be exercised

(3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

Compensation to band

(4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band

Procedure re replacement land

(5) Where compensation is payable under paragraph (4)‍(a), sections 125 and 126 apply, with such modifications as the circumstances require.

Pre-Existing Rights and Interests on Category IA-N Land

Previously held rights and interests

(4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

• (a) in Category IA-N land,

• (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

• (c) in a building situated on land described in paragraph (a) or (b),

the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

Previous possession or occupation

(6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

• (a) Category IA-N land,

• (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

• (c) a building owned by that band and situated on land described in paragraph (a) or (b),

but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

Certain restrictions applicable

(7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6).

Expropriations

119 (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part.

Expropriation for public services or structures

120 (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

• a) l’autorité n’a pas réussi, malgré des efforts sérieux, à obtenir, pour un coût inférieur ou sensiblement équivalent à celui de l’implantation de l’ouvrage sur des terres de catégorie IA-N, que celui-ci soit implanté :

• and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and

• (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land.

Compensation in money

(5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.‍22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

Where no compensation payable

123 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)‍(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

Statement on expropriation notice

(2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

Idem

(3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

Disputes referrable to Administrative Tribunal of Quebec

(4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)‍(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration.

Factors to be considered

(6) In determining whether a service or structure is one described in paragraph (1)‍(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band.

Rules governing compensation wholly or partly in land

125 (1) Where the band is entitled to be compensated with land under paragraph 116(4)‍(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:

• (i) is Category III land,

• (ii) is adjacent to Category IA-N land of the band, and

• (d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and

Reclassification of expropriated land that is no longer required

126 Where

• (a) the band has been compensated with replacement land pursuant to paragraph 116(4)‍(a) or subsection 122(2) or (4), or

• (b) no compensation was paid to the band pursuant to section 123,

and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification.

Determination of amount of money compensation referrable to Administrative Tribunal of Quebec

127 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)‍(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration.

When expropriated land ceases to be Category IA-N land

129 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land

Dispositions of Rights and Interests in Category IA-N Land and Buildings

Commercial fisheries and outfitting operations

135 (1) A grant by the band relating to its Category IA-N land does not permit the grantee to use that land for

Approval for deemed transfer of corporation’s right or interest

(3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation.

Consultation requirements before certain projects undertaken

138 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project of a regional or provincial nature on the band’s Category IA-N land.

Mode of allocation and fee

(2) The allocation of land by the band pursuant to subsection (1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.

Cessions by Band

cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon)

Granting of rights or interests under other Parts of Act

(2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.

Cession must be approved by referendum

144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.

• (b) must be posted on the band’s Category IA-N land at a public place designated by the band.

• (c) a right conferred by section 115, and

Regulations for establishment and maintenance of land registry system

151 The Governor in Council may make regulations for establishing and maintaining a land registry system, under the control and supervision of the Minister, for the registration of rights and interests in Category IA-N land and in buildings situated thereon, and, without restricting the generality of the foregoing, may make regulations respecting

Expropriation by Band

Rights and interests that the band may expropriate

153 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for

• (b) a right conferred by section 115; and

Commission crie-naskapie

Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (première nation crie)

Cree-Naskapi Commission established

158 (1) There shall be a commission, to be known as the Cree-Naskapi Commission, consisting of a maximum of three individuals appointed by the Governor in Council on the recommendation of the Cree Nation Government and the Naskapi band.

Eligibility

159 A council member, officer, employee or agent of a Cree First Nation or the Naskapi band is not eligible to be appointed or to continue to serve as a member of the Commission.

Temporary substitute member

(5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Nation Government and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council.

Head office

161 The head office of the Commission shall be in the City of Val d’Or, Quebec or at such other place as the Governor in Council, on the recommendation of the Cree Nation Government and the Naskapi band, may designate.

Commission may delegate its powers

164 The Commission may, by unanimous decision of its members, delegate its powers or duties, except the power referred to in subsection 163(3), to one or more of its members.

Duties of Commission

165 (1) Subject to subsections (2) and (3), the Commission shall

• (a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and

• (b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.

• (b) the Naskapi band or each Cree First Nation referred to in the representation;

• (d) in the case of a representation referred to in paragraph 165(1)‍(a), the Minister; and

• (e) the Cree Nation Government, if it is referred to in the representation.

Identity of person who made representation

(3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170.

Application of Part

173 This Part applies only in respect of the succession of a Naskapi beneficiary who dies after the coming into force of this Part and who, at the time of his or her death, was domiciled on Category IA-N land.

consorts means two persons

• (a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province,

• (b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or

• (c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; (conjoints)

family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; (conseil de famille)

• (b) was done in accordance with Naskapi custom; (enfant)

Lawful heirs on intestate succession

175 For purposes of intestate succession, a surviving consort and a surviving child are included in the class of lawful heirs of a deceased Naskapi beneficiary.

Wills accepted by Minister

(2) The Minister may accept as a will any written instrument signed by a Naskapi beneficiary, or bearing his or her mark, in which he or she indicates his or her wishes or intention with respect to the disposition of his or her property on his or her death.

Representation of minor heirs

178 (1) Where a Naskapi beneficiary who is a minor under the laws of the Province and ordinarily resident on Category IA-N land, inherits movable or immovable property by virtue of a testamentary or an intestate succession, the parents of that beneficiary are the legal guardians of that property.

Vacant succession

179 Where a Naskapi beneficiary dies leaving no lawful heirs or where all the heirs renounce the succession, the deceased’s movable and immovable property become the property of the band, unless the band renounces such succession, in which case it shall be dealt with as a vacant succession.

Intestacy

180 On an intestacy of a Naskapi beneficiary, a majority of the lawful heirs may appoint the band to administer or provide for the administration of the succession (except as regards traditional property), in which case the band may charge a fee for its services.

Disposition of traditional property on intestacy

181 (1) Where a Naskapi beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his or her death to decide on the disposition of his or her traditional property.

Composition of family council

182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons:

Where no survivors in immediate family

(2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.

Where family council deadlocked

183 Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision.

Circumstances in which band council acts as the family council

184 (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.

Idem

(2) Where, on the death of a Naskapi beneficiary,

the council of the band shall act as the deceased’s family council.

Effect of disposition

185 A disposition of any traditional property of a deceased Naskapi beneficiary by the deceased’s family council pursuant to this Part passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient.

Where a recipient renounces traditional property

186 Where any person designated by the family council of a deceased Naskapi beneficiary to receive the deceased’s traditional property pursuant to this Part renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed by the laws of the Province relating to intestate succession.

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

Idem

(2) Pour l’application de la présente partie, sont considérés comme situés en permanence sur les terres de catégorie IA-N les biens personnels :

• (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament,

• (b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or

• (c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada

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

• (a) the interest of an Indian or the band in Category IA-N land; and

• (b) the personal property of an Indian or the band situated on Category IA-N land.

• (a) neither an Indian nor the band 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

Property exempt from seizure, etc.

190 (1) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to a Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land, and any right or interest of such a person in Category IA-N 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 Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.

Property exempt from seizure, etc.

(2) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to the band 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 Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.

Idem

(3) The right or interest of the band in its Category IA-N 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.

Idem

(4) A right or interest in Category IA-N land of a person other than a Naskapi beneficiary or the band, or the immovable property of such person situated on Category IA-N land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Naskapi beneficiary or the band, except where the band 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.

Conditional sales

(5) A person who sells movable property to

• (a) a Naskapi beneficiary,

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

• (c) the band

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-N land.

Property deemed situated on Category IA-N land

191 For the purposes of section 190, movable property

• (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased with money appropriated by Parliament,

• (b) that is purchased after the coming into force of this Part with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries, or the band, or

• (c) that is, after the coming into force of this Part, provided to Naskapi beneficiaries or the band under a treaty or agreement between the band and Canada

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

Property deemed to be property of the Naskapi band

(2) Where the band has the authority to delegate the power to coordinate and administer a program to the Naskapi Development Corporation and has so delegated, movable property that

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

shall, for the purposes of section 190, be deemed always to be the property of the band.

Waiver of exemption

193 (1) A Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land may, in writing, waive the exemption conferred by subsection 190(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-N land, the consent of the band must be obtained to the waiver and the terms and conditions thereof, and the band’s consent must be confirmed by the electors of the band at a special band meeting or referendum.

Agreements for policing services

196 (1) The band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with

• (b) the Cree Nation Government,

for the provision of policing services on its Category IA-N land.

Offences under Act

197 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2), section 95, subsection 100(4) or section 108 is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both.

By-law may fix maximum punishment

(2) A by-law made under this Act may stipulate a maximum fine or a maximum term of imprisonment, or both, for contravention of the by-law, but the maximum fine or maximum term of imprisonment may not exceed $5,000 or six months, respectively.

Alternative procedure — ticketing scheme

199.‍1 In addition to the summary conviction procedures of Part XXVII of the Criminal Code, a proceeding in respect of a contravention indicated in the by-laws made under section 48.‍1 of this Act may be commenced in accordance with the ticketing scheme established by those by-laws.

Jurisdiction of justices of the peace

200 (1) In addition to the courts and persons having jurisdiction in respect of the offences listed in paragraphs (a) and (b), justices of the peace appointed pursuant to section 12.‍4.‍1 of the Northeastern Quebec Agreement have jurisdiction in respect of

• (b) offences under the following provisions of the Criminal Code: section 266 (assault), section 445 (injuring or endangering animals) and section 445.‍1 (cruelty to animals).

Summary conviction court

(2) For the purpose of exercising their jurisdiction in respect of offences listed in paragraphs (1)‍(a) and (b), the justices of the peace referred to in subsection (1) are a summary conviction court within the meaning of Part XXVII of the Criminal Code.

• (b) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; or

• (b.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act.

• (f.‍1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;

Exception

(2) No interest in land that is Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, may be expropriated under this Part without the consent of the Governor in Council.

Exception

(2.‍1) No interest in land that is Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, may be expropriated under this Part without the consent of the Governor in Council.

• (ii) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act,

• (ii.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act,

• (c) the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, if it levies and collects a tax on interests in Category IA-N land as defined in that subsection,

• (c.‍1) any Cree First Nation, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act that levies and collects a tax on interests in Category IA land, as defined in that subsection,

• (b) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

• (b.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or

• (b) the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

• (f.‍1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;

Canada Not-for-profit Corporations Act

(2) The Canada Not-for-profit Corporations Act does not apply to the band.

• (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

• (a.‍1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or