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An Act to amend the Cree-Naskapi (of Quebec) Act (S.C. 2009, c. 12)

Assented to 2009-06-11

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

S.C. 2009, c. 12

Assented to 2009-06-11

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

SUMMARY

This enactment amends the Cree-Naskapi (of Quebec) Act, in respect of Cree bands and Category IA land,

  • (a) to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and

  • (b) to recognize the Crees of Oujé-Bougoumou as a separate band and a local government under that Act.

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

1984, c. 18CREE-NASKAPI (OF QUEBEC) ACT

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

    “band”

    « bande »

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

    “Cree band”

    « bande crie »

    “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:

    “Oujé-Bougoumou Band Complementary Agreement”

    « convention complémentaire de la Bande de Oujé-Bougoumou »

    “Oujé-Bougoumou Band Complementary Agreement” means the agreement made in accordance with the applicable amending provisions of the James Bay and Northern Quebec Agreement, which agreement provides for, among other things, the incorporation under this Act of the collectivity known as the Crees of Oujé-Bougoumou, to act as a local government;

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

CREE REGIONAL AUTHORITY BY-LAWS AND RESOLUTIONS

Marginal note:Territorial limits of by-laws

9.1 A by-law of the Cree Regional Authority made under this Act may have application within the following territorial limits:

  • (a) Category IA land; and

  • (b) Category III land situated within the perimeter of Category IA land and the ownership of which was ceded by letters patent or by any other method before November 11, 1975.

Marginal note:By-law may prohibit activities

9.2 A by-law of the Cree Regional Authority made under this Act may prohibit an activity.

Marginal note:Statutory Instruments Act not to apply

9.3 The Statutory Instruments Act does not apply to a by-law or resolution of the Cree Regional Authority made or adopted under this Act.

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

Marginal note:Oujé-Bougoumou Band

12.1 Pursuant to subparagraph 9.0.3A of the James Bay and Northern Quebec Agreement, the collectivity known as the Crees of Oujé-Bougoumou is constituted as a corporation, and that corporation may be legally designated by its English name, Oujé-Bougoumou Band, its French name, Bande de Oujé-Bougoumou, or its Cree name, Oujé-Bougoumou Eenuch, subject to section 16.

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

Marginal note:Vesting of assets, etc., of collectivity in Oujé-Bougoumou Band
  • 13.1 (1) On the coming into force of this section, the assets, obligations and liabilities of the collectivity known as the Crees of Oujé-Bougoumou shall vest in the Oujé-Bougoumou Band.

  • Marginal note:Oujé-Bougoumou Eenuch Association

    (2) On the coming into force of this section, the Oujé-Bougoumou Eenuch Association, a corporation established under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities shall vest in the Oujé-Bougoumou Band.

 Section 18 of the Act is replaced by the following:

Marginal note:Provision for persons who are not Cree beneficiaries

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.

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

Marginal note:Special provision for Inuit of Fort George
  • 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).

 Section 59 of the Act is replaced by the following:

Marginal note:Board of directors of the Oujé-Bougoumou Eenuch Association

58.1 Subject to section 59, the board of directors of the Oujé-Bougoumou Eenuch Association that is in office immediately before the coming into force of this section becomes the council of the Oujé-Bougoumou Band on that coming into force, and for that purpose the chairperson of that Association holds the office of chief of that band. The board of directors, including the chairperson, continues in office as such until the expiry of their term of office.

Marginal note:Provisions of this Act to apply

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.

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

Marginal note:Continuation in force of by-laws of the Oujé-Bougoumou Eenuch Association

60.1 The by-laws of the Oujé-Bougoumou Eenuch Association that are in force immediately before the coming into force of this section remain in force on the territory, described in section 6, of the Oujé-Bougoumou Band for a period of one year commencing on that coming into force, unless repealed during that period pursuant to this Act.

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

PART I.1CREE REGIONAL AUTHORITY

Marginal note:Objects

62.01 The objects of the Cree Regional Authority are

  • (a) to act as a regional government authority on Category IA land;

  • (b) to regulate essential sanitation services — including water and sewer services, drainage and solid waste management — and housing situated on Category IA land and to regulate buildings used for the purposes of regional governance that are situated on those lands;

  • (c) to use, manage and administer moneys and other assets;

  • (d) to promote the general welfare of the members of the Cree bands; and

  • (e) to promote and preserve the culture, values and traditions of the members of the Cree bands.

Marginal note:Agreements between the Cree Regional Authority and the Government of Canada

62.02 For greater certainty, the Cree Regional Authority may assume any federal responsibilities agreed on by that Authority and the Government of Canada that are set out in the James Bay and Northern Quebec Agreement or any other agreement or in any federal Act or that are in relation to any program of the Government of Canada.

Marginal note:By-laws respecting regional government
  • 62.03 (1) The Council of the Cree Regional Authority may make by-laws respecting

    • (a) the regulation — for the protection of public health and safety — of buildings used for housing or for regional governance, including their construction, maintenance, repair and demolition;

    • (b) essential sanitation services — including water and sewer services, drainage and solid waste management — and health and hygiene in relation to those services and housing;

    • (c) the establishment, maintenance and operation of fire departments; and

    • (d) the protection of the environment, including natural resources, and the prevention of pollution.

  • Marginal note:Minimum standards

    (2) Standards established in the by-laws in respect of a matter referred to in subsection (1) must be at least equivalent in their effect to any standards established by federal or provincial laws of general application in respect of the matter.

Marginal note:Adoption of by-laws by majority

62.04 A by-law of the Cree Regional Authority shall be made by means of the adoption, at a public meeting convened in accordance with An Act respecting the Cree Regional Authority, R.S.Q. c. A-6.1, as amended from time to time, of a resolution supported by a majority of all of the members of the Council of that Authority.

Marginal note:Inconsistency with Cree band by-laws
  • 62.05 (1) In the event of an inconsistency or conflict between a by-law of the Cree Regional Authority and a by-law of a Cree band, the by-law of the Cree Regional Authority prevails to the extent of the inconsistency or conflict.

  • Marginal note:Exception

    (2) Despite subsection (1), if the standards established in a by-law of a Cree band in respect of a matter are more stringent in their effect than the standards established in a by-law of the Cree Regional Authority, the provisions of the by-law of the Cree band that relate to those standards prevail to the extent that they are inconsistent with or conflict with the provisions of the by-law of the Cree Regional Authority that relate to those standards.

Marginal note:Exception

62.06 The powers conferred on the Cree Regional Authority under this Act do not affect

  • (a) any right, privilege or benefit set out in the James Bay and Northern Quebec Agreement that is conferred on persons who are enrolled or entitled to be enrolled as Inuit beneficiaries under section 3A of that Agreement;

  • (b) any right, privilege or benefit set out in the Northeastern Quebec Agreement that is conferred on the Naskapi band or Naskapi beneficiaries;

  • (c) any right, privilege or benefit set out in any other agreement that is conferred on persons referred to in paragraph (a) or Naskapi beneficiaries, if the agreement is one entered into between those persons or Naskapi beneficiaries, as the case may be — or any person who is authorized, according to the terms of the agreement, to enter into the agreement on behalf of those persons or beneficiaries — and the government of Canada or Quebec;

  • (d) any right, privilege or benefit set out in this Act that is conferred on the Inuit of Fort George, the Naskapi band or Naskapi beneficiaries; or

  • (e) any right, privilege or benefit conferred on persons referred to in paragraph (a), or Naskapi beneficiaries, by means of an undertaking given by the government of Canada or Quebec.

Marginal note:Posting of by-laws
  • 62.07 (1) Within one week after a by-law has been made by the Council of the Cree Regional Authority, the secretary of that Authority shall ensure that a copy of the by-law is posted on the Authority’s website and at a public place designated by the Authority on the Category IA land of each Cree band.

  • Marginal note:Coming into force of by-laws

    (2) The by-law comes into force on the day on which it is posted on the Authority’s website, whether or not it is posted within the time set out in subsection (1), or on any day, subsequent to the day on which it is posted, that may be specified in the by-law.

Marginal note:Register of by-laws
  • 62.08 (1) The secretary of the Cree Regional Authority shall maintain a register of by-laws made by the Council of that Authority under this Act in which shall be kept the original copy of those by-laws, including by-laws that have been repealed or are no longer in force.

  • Marginal note:Recording of resolutions and votes

    (2) The secretary of the Cree Regional Authority shall, in respect of every resolution to make a by-law under this Act that is adopted by the Council of that Authority, record the full text of the resolution and the result of the vote in the minutes of the meeting at which it was adopted.

  • Marginal note:By-laws to be sent to Minister

    (3) Within 30 days after the coming into force of a by-law of the Cree Regional Authority made under this Act, the secretary of that Authority shall forward a copy of the by-law to the Minister.

  • Marginal note:Non-compliance

    (4) Non-compliance with this section does not affect the validity of the by-law or resolution.

Marginal note:Obtaining copies of by-laws and resolutions

62.09 Any person is entitled to obtain a copy of a by-law or resolution of the Cree Regional Authority made or adopted under this Act on payment of any reasonable fee that is fixed by that Authority.

Marginal note:Application to quash by-law
  • 62.1 (1) Subject to section 62.2, a member of a Cree band or any other interested person may make application to the Court of Quebec or Superior Court of Quebec to have a by-law of the Cree Regional Authority made under this Act quashed, in whole or in part, for illegality or for irregularity in the manner or form of its making.

  • Marginal note:Exclusion of Federal Court’s jurisdiction

    (2) Despite the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).

Marginal note:Time limit for applying — irregularity

62.2 An application made under section 62.1 based on an irregularity in the manner or form of the making of a by-law may not be brought later than 90 days after the coming into force of the by-law.

Marginal note:Subsequent actions

62.3 If a by-law of the Cree Regional Authority made under this Act is quashed, any action for anything done under that by-law lies only against the Cree Regional Authority and not against any other person.

 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.

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

  • Marginal note:Access to books and records

    (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.

  • Marginal note:Access to books and records

    (2.1) The Minister or a council member or elector of a Cree band, or any person authorized in writing by the Minister, by a council member or elector of a Cree band or by the Cree Regional Authority, may, at any reasonable time, inspect the books of account and financial records of the Cree 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.

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

  • Marginal note:If band fails to act

    (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.

  • Marginal note:Notice to band

    (5.1) The Minister or the Cree Regional Authority, as the case may be, shall inform the band in writing of the appointment.

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

  • Marginal note: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, the Minister and, in the case of a Cree band, the Cree Regional Authority, of the reasons for the delay.

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

    Marginal note: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) 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:

    • Marginal note: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 and, in the case of a Cree band, to the Cree Regional Authority.

  •  (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):

    • Marginal note:Pre-agreement residence and occupation rights not affected

      (1.1) A person, not being a Cree beneficiary, who immediately before the coming into force of the Oujé-Bougoumou Band Complementary Agreement was residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, and who continues to reside on or occupy that land by virtue of that right on the coming into force of this subsection, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

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

    • Marginal note:Indians who are not Cree beneficiaries

      (2.1) A person who, immediately before the coming into force of this subsection, 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 but was not a Cree beneficiary has a right of access to the Category IA land of the Oujé-Bougoumou Band.

  • (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

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

  • Marginal note:Consent and compensation requirements

    (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.

  • Marginal note:Exception

    (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.

  • Marginal note:Exception

    (3.1) A holder of an exploration permit described in subsection 114(2) or of a right or title described in subsection 115(1.1) may, without the consent and payment referred to in subsection (2) but subject to subsection 116(1.1) and the payment of compensation as set out in subsection 116(2), explore for and exploit minerals on adjacent Category IA land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

 Section 114 of the Act is replaced by the following:

Marginal note:Société de développement de la Baie James
  • 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.

  • Marginal note:Oujé-Bougoumou Band

    (2) Where an exploration permit was, before the coming into force of the Oujé-Bougoumou Band Complementary Agreement, granted by Quebec to the Société de développement de la Baie James in respect of land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, the Société de développement de la Baie James may, in accordance with that exploration permit and subject to subsections 116(1.1) and (2), use that Category IA land to carry out exploration activities and exploit mineral deposits.

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

Marginal note:Holders of prior rights or titles to minerals
  • 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.

  • Marginal note:Holders of prior rights or titles to minerals

    (1.1) A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to mineral substances (“mineral substances” as defined in the Mining Act, R.S.Q., c. M-13.1, as it read on October 24, 1988, or, if it is amended after that day, as it read on the day on which the Oujé-Bougoumou Band Complementary Agreement came into force) granted on or after November 11, 1975 and before the coming into force of the Oujé-Bougoumou Band Complementary Agreement, on land surrounded by or adjacent to land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement may, subject to subsections 116(1.1) and (2), use that Category IA land to the extent necessary for the exercise of the holder’s right or title.

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

    Marginal note:Manner in which rights must be exercised
    • 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.

    • Marginal note:Manner in which rights must be exercised

      (1.1) The rights conferred by subsections 113(3.1), 114(2) and 115(1.1) may not be exercised otherwise than in accordance with Division V of Chapter IV of the Mining Act, R.S.Q., c. M-13.1, as it read on October 22, 1999, or, if it is amended after that day, as it read on the day on which the Oujé-Bougoumou Band Complementary Agreement came into force, except that any expropriation that is required for the purpose of exercising those rights must be restricted to the acquisition of temporary servitudes.

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

    • Marginal note:Compensation to band

      (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

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

    Marginal note:Certain pre-existing rights on IA land to continue until expiry
    • 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.

    • Marginal note:Certain pre-existing rights on IA land to continue until expiry

      (1.1) A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before the coming into force of this subsection, granted in writing by Quebec — before the coming into force of the Oujé-Bougoumou Band Complementary Agreement — on land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, 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 the day on which that Agreement came into force, until the end of the renewal period.

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

    • Marginal note:Previously held rights and interests — Oujé-Bougoumou Band

      (3.1) If, immediately before the coming into force of this subsection, a person held a right or interest, lawfully granted by the Minister or the Oujé-Bougoumou Eenuch Association in land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, or in a building situated on that land, the Oujé-Bougoumou Band shall, if that person so requests within two years after the coming into force of this subsection, without delay grant to that person under Part VIII a right or interest that is equivalent to the person’s former right or interest, at which time the person’s former right or interest expires. If the person does not make the request within two years after the coming into force of this subsection, that person’s former right or interest expires at the end of that period.

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

    • Marginal note:Previous possession or occupation — Oujé-Bougoumou Band

      (5.1) If, immediately before the coming into force of this subsection, a person was in possession of, or occupied, with the explicit consent of the Oujé-Bougoumou Eenuch Association, land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, or a building owned by the Oujé-Bougoumou Eenuch Association and situated on that land, but that person was not a holder of a right or interest in that land or building referred to in subsection (1.1) or (3.1), the Oujé-Bougoumou Band shall, if that person so requests within two years after the coming into force of this subsection, without delay grant to that person under Part VIII a right or interest in that land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

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

    • Marginal note: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 a band of a right or interest in land pursuant to any of subsections (3) to (6).

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

Marginal note:Consultation requirements before certain projects undertaken
  • 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

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

  • Marginal note:Land to be allocated for services or activities

    (1.1) A Cree band shall allocate Category IA land necessary for services provided or activities carried out by the Cree Regional Authority.

  • Marginal note:Mode of allocation and fee

    (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.

 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):

  • (e) the Cree Regional Authority, if it is referred to in the representation.

 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,

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

Marginal note:Property exempt from seizure, etc.
  • 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).

  • Marginal note:Property exempt from seizure, etc.

    (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).

 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,

 Section 194 of the Act is replaced by the following:

Marginal note:Policing jurisdiction (Crees)

194. If the Cree Regional Authority establishes a regional police force under section 102.1 of the Police Act, R.S.Q., c. P-13.1, as it read on the day on which this section comes into force, that police force is recognized as having jurisdiction over the territory described in section 102.6 of that Act as it read on that day, including Category IA land, for the purpose of enforcing any by-law of a Cree band or the Cree Regional Authority, or any law of Canada or Quebec that is applicable within that territory.

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

  • Marginal note:Cree bands

    (1.1) Despite subsection (1), in the case of a Cree band, the band shall obtain the approval of the Cree Regional Authority before it enters into an agreement with a body referred to in any of paragraphs (1)(a) and (c) to (e).

 Section 197 of the Act is replaced by the following:

Marginal note:Offences under Act

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.

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

Marginal note:Contravention of by-law
  • 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.

  • Marginal note: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 $2,000 or six months, respectively.

PUBLICATION

Marginal note:Publication

 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

Marginal note:Order in council
  •  (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.

  • Marginal note:Coming into force

    (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.

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