Bill C-28

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-28

An Act to amend the Cree-Naskapi (of Quebec) Act

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

CREE-NASKAPI (OF QUEBEC) ACT

1. (1) The definitions “band” and “Cree band” in subsection 2(1) of the Cree-Naskapi (of Quebec) Act are replaced by the following:

“band” means a band incorporated by section 12 or 14 or the Oujé-Bougoumou Band referred to in section 12.1;

“Cree band” means a band incorporated by section 12 or the Oujé-Bougoumou Band referred to in section 12.1;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

2. The Act is amended by adding the following after section 9:

3. The Act is amended by adding the following after section 12:

4. The Act is amended by adding the following after section 13:

5. Section 18 of the Act is replaced by the following:

18. A person, not being a Cree beneficiary, who immediately before July 3, 1984 was a member of one of the Indian Act Cree bands mentioned in subsection 12(1), or who immediately before the coming into force of section 12.1 was an Indian, as defined in subsection 2(1) of the Indian Act, who belonged to the collectivity known as the Crees of Oujé-Bougoumou,

(a) is deemed to be a member of that band’s successor band listed in subsection 12(2), or the Oujé-Bougoumou Band, as the case may be, for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraph 62.01(d), subsection 62.1(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);

(b) is, if 18 years of age or over and not declared mentally incompetent under the laws of the Province, deemed to be an elector of the successor band or of the Oujé-Bougoumou Band, as the case may be, for the purposes of section 63, subparagraph 66(1)(a)(i), sections 68 and 75 and subsection 97(2), but is not eligible to be elected chief of that band; and

(c) is, if 18 years of age or over and not declared mentally incompetent under the laws of the Province, deemed to be an elector of the successor band or of the Oujé-Bougoumou Band, as the case may be, 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.

6. Subsection 19(1) of the Act is replaced by the following:

19. (1) An Inuk of Fort George is deemed to be a member of the Chisasibi Band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraph 62.01(d), subsection 62.1(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1), and is deemed to be a resident of the Category IA land of the Chisasibi Band for the purpose of paragraph 22(2)(b).

7. Section 59 of the Act is replaced by the following:

59. For the transitional periods described in sections 58 and 58.1, 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 any modifications that the circumstances require, to that council as if it had been elected under this Act.

8. The Act is amended by adding the following after section 60:

9. The Act is amended by adding the following after section 62:

10. Paragraph 90(2)(c) of the Act is replaced by the following:

(c) send a copy of it to the Minister and, in the case of a Cree band, to the Cree Regional Authority.

11. Subsection 91(2) of the Act is replaced by the following:

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

(a) obstructs that person; or

(b) having control or possession of those books or records, fails to give all reasonable assistance to that person.

12. Subsection 93(5) of the Act is replaced by the following:

(5) If a band fails to act under subsection (4), the Minister, or, in the case of a Cree band, the Cree Regional Authority if the Minister with the written consent of that Authority delegates to it the power, may appoint a new auditor and fix that auditor’s remuneration.

13. Subsection 94(2) of the Act is replaced by the following:

(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, the Minister and, in the case of a Cree band, the Cree Regional Authority, of the reasons for the delay.

14. (1) Subsection 100(1) of the Act is replaced by the following:

100. (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2) or (2.1), 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 a band are in serious disorder, the Minister may give written notice to the band, with a copy to the Cree Regional Authority in the case of a Cree 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.

(2) Subsection 100(3) of the Act is replaced by the following:

(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 and, in the case of a Cree band, to the Cree Regional Authority.

15. (1) Paragraph 104(1)(a) of the Act is replaced by the following:

(a) was, immediately before November 11, 1975, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA land by virtue of the James Bay and Northern Quebec Agreement, other than land referred to in subsection (1.1), and

(2) Section 104 of the Act is amended by adding the following after subsection (1):

16. (1) Section 105 of the Act is amended by adding the following after subsection (2):

(2) Paragraph 105(5)(d) of the Act is replaced by the following:

(d) a holder of a mining right or other subsurface right referred to in section 114 or 115 or a person exercising a right under subsection 113(3) or (3.1); and

17. Subsections 113(2) and (3) of the Act are replaced by the following:

(2) Subject to subsections (3) and (3.1), after November 11, 1975 (in the case of Category IA land other than land referred to in subsection 114(2)), on or after the day on which the Oujé-Bougoumou Band Complementary Agreement came into force (in the case of Category IA land referred to in subsection 114(2)) or after January 31, 1978 (in the case of Category IA-N land) no mineral right or subsurface right on Category IA or IA-N land of a 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.

(3) A holder of an exploration permit described in subsection 114(1) or of a right or title described in subsections 115(1) and (2) 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 subsections 116(2) and (4), explore for and exploit minerals on adjacent Category IA or IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

18. Section 114 of the Act is replaced by the following:

114. (1) Where an exploration permit was granted by Quebec to the Société de développement de la Baie James before November 11, 1975 for land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land referred to in subsection (2), the Société de développement de la Baie James may, in accordance with that exploration permit and subject to subsections 116(1) and (2), use that Category IA land to carry out exploration activities and exploit mineral deposits.

19. Subsection 115(1) of the Act is replaced by the following:

115. (1) 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 November 11, 1975) granted before November 11, 1975 on land surrounded by or adjacent to land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, may, subject to subsections 116(1) and (2), use that Category IA land to the extent necessary for the exercise of the holder’s right or title.

20. (1) Subsection 116(1) of the Act is replaced by the following:

116. (1) The rights conferred by subsections 113(3), 114(1) and 115(1) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on November 11, 1975, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

(2) The portion of subsection 116(2) of the Act before paragraph (a) is replaced by the following:

(2) Where Category IA land is used pursuant to subsection 113(3) or (3.1), section 114 or subsection 115(1) or (1.1), compensation shall be paid to the Cree band in question

21. (1) Subsection 117(1) of the Act is replaced by the following:

117. (1) A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before July 3, 1984, granted in writing by Quebec before November 11, 1975 on land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land referred to in subsection (1.1), may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed in it, or,where the term is renewed on or after November 11, 1975, until the end of the renewal period.

(2) Section 117 of the Act is amended by adding the following after subsection (3):

(3) Section 117 of the Act is amended by adding the following after subsection (5):

(4) Subsection 117(7) of the Act is replaced by the following:

(7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by a band of a right or interest in land pursuant to any of subsections (3) to (6).

22. The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:

138. (1) A Cree band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec, the Cree Regional Authority and the Minister before permitting a person other than

23. Subsection 139(2) of the Act is replaced by the following:

(2) The allocation of land by a band pursuant to subsection (1) or (1.1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.

24. Subsection 166(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and’’ at the end of paragraph (d) and by adding the following after paragraph (d):

25. Paragraph 187(2)(a) of the Act is replaced by the following:

(a) that became the property of a band by virtue of section 13, 13.1 or 15 and had been purchased by Canada with money appropriated by Parliament,

26. Subsections 190(1) and (2) of the Act are replaced by the following:

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

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

27. Paragraph 191(a) of the Act is replaced by the following:

(a) that became the property of a band by virtue of section 13, 13.1 or 15 and had been purchased with money appropriated by Parliament,

28. Section 194 of the Act is replaced by the following:

29. Section 196 of the Act is amended by adding the following after subsection (1):

30. Section 197 of the Act is replaced by the following:

197. Every person who commits an offence under subsection 38(6), section 44, subsection 91(2) or (2.1), 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.

31. Subsections 199(1) and (2) of the Act are replaced by the following:

199. (1) Every person who contravenes a by-law made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the by-law.

(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 $2,000 or six months, respectively.

PUBLICATION

32. The Minister of Indian Affairs and Northern Development shall publish, in the Canada Gazette, a notice of the date that any land is set aside by the Governor in Council as Category IA land for the exclusive use and benefit of the collectivity known as the Crees of Oujé-Bougoumou, as soon as feasible after that land is set aside.

COMING INTO FORCE

33. (1) Subject to subsection (2), the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

(2) Sections 1, 3 to 5, 7, 8, 15 to 21, 25 and 27 come into force on the day on which — pursuant to any agreement made in accordance with the applicable amending provisions of the James Bay and Northern Quebec Agreement and providing for the incorporation of the collectivity known as the Crees of Oujé-Bougoumou — land is set aside by the Governor in Council as Category IA land for the exclusive use and benefit of that collectivity.