Naskapi and the Cree-Naskapi Commission Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections998

• 1Short title

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

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]Repealed

  Agreements[Repealed, 2018, c. 4, s. 5]

• 2(1)[p4]

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

• 2(1)[p5]

  building includes a permanent structure of any kind and also includes a mobile home; (bâtiment)

• 2(1)[p6]

  Canada means Her Majesty in right of Canada; (Canada)

• 2(1)[p7]Repealed

  Category IA land[Repealed, 2018, c. 4, s. 5]

• 2(1)[p8]

  Category IA-N land means

• 2(1)[p8](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,

• 2(1)[p8](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,

• 2(1)[p8](c)

  any land set aside as Category IA-N land pursuant to paragraph 125(1)(d) of this Act for the exclusive use and benefit of the Naskapi band, and

• 2(1)[p8](d)

  any other land set aside by the Governor in Council as Category IA-N land for the exclusive use and benefit of the Naskapi band; (terre de catégorie IA-N)

• 2(1)[p13]Repealed

  Category II land[Repealed, 2018, c. 4, s. 5]

• 2(1)[p14]

  Category II-N land means the land established and allocated as Category II-N 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 II-N)

• 2(1)[p15]

  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)

• 2(1)[p16]

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

• 2(1)[p17]

  council means the continuing body of persons described in section 25; (conseil)

• 2(1)[p18]

  councillor means a person holding office as councillor of the band pursuant to Part II; (conseiller)

• 2(1)[p19]

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

• 2(1)[p20]Repealed

  Cree band[Repealed, 2018, c. 4, s. 5]

• 2(1)[p21]Repealed

  Cree beneficiary[Repealed, 2018, c. 4, s. 5]

• 2(1)[p22]

  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)

• 2(1)[p23]Repealed

  Cree Regional Authority[Repealed, 2018, c. 4, s. 5]

• 2(1)[p24]

  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)

• 2(1)[p25]Repealed

  Inuk of Fort George or Inuit of Fort George[Repealed, 2018, c. 4, s. 5]

• 2(1)[p26]Repealed

  James Bay and Northern Quebec Agreement[Repealed, 2018, c. 4, s. 5]

• 2(1)[p27]

  Matimekosh Reserve means the area of land described in Quebec Order in Council No. 2718 of August 21, 1968; (réserve Matimekosh)

• 2(1)[p28]

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

• 2(1)[p29]

  Minister means the Minister of Crown-Indigenous Relations; (ministre)

• 2(1)[p30]Repealed

  Naskapi band[Repealed, 2018, c. 4, s. 5]

• 2(1)[p31]

  Naskapi beneficiary means a person who is enrolled or entitled to be enrolled as a Naskapi beneficiary pursuant to section 3 of the Northeastern Quebec Agreement; (bénéficiaire naskapi)

• 2(1)[p32]

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

• 2(1)[p33]

  Northeastern Quebec Agreement means the agreement between the Indian Act Naskapis de Schefferville band, the Government of Quebec, La Société d’énergie de la Baie James, La Société de développement de la Baie James, La Commission hydroélectrique de Québec, the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association and the Government of Canada, dated January 31, 1978 and referred to in Canada Order in Council P.C. 1978-502 of February 23, 1978, as amended by

• 2(1)[p33](a)

  any agreement not described in paragraph (b) made in accordance with the applicable amending provisions of the Northeastern Quebec Agreement, and

• 2(1)[p33](b)

  any other agreement, whether made before or after the coming into force of this section, referred to in section 3 of An Act approving the Northeastern Quebec Agreement (Quebec); (Convention du Nord-Est québécois)

• 2(1)[p36]

  ordinary band meeting means any band meeting other than a special band meeting; (Version anglaise seulement)

• 2(1)[p37]Repealed

  Oujé-Bougoumou Band Complementary Agreement[Repealed, 2018, c. 4, s. 5]

• 2(1)[p38]

  prescribed means prescribed by regulation; (Version anglaise seulement)

• 2(1)[p39]

  Province means the Province of Quebec; (province)

• 2(1)[p40]

  Quebec means Her Majesty in right of Quebec; (Québec)

• 2(1)[p41]

  referendum means a referendum of the band referred to in sections 83 to 88; (référendum)

• 2(1)[p42]

  special band meeting means a band meeting referred to in sections 83 to 88. (assemblée extraordinaire)

• 2(2)Indian Act band

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

• 2(3)References to “natural resources” and “land”

  The reference to “natural resources” in certain provisions of this Act is for emphasis only and shall not be construed as affecting in any way the meaning of the word “land” as including natural resources in those provisions or in any other provision of this Act or the regulations.

• 2(4)References to Quebec statutes

  Unless otherwise indicated in this Act, a reference to an Act of the legislature of Quebec or to a provision thereof is a reference to that Act or provision as amended from time to time.

• 3Federal Acts
• 3(1)

  Subject to subsection (2), where there is any inconsistency or conflict between the provisions of this Act and any other Act of Parliament, this Act shall prevail to the extent of the inconsistency or conflict.

• 3(2)James Bay and Northern Quebec Native Claims Settlement Act

  Where there is any inconsistency or conflict between the provisions of this Act and the James Bay and Northern Quebec Native Claims Settlement Act, the James Bay and Northern Quebec Native Claims Settlement Act shall prevail to the extent of the inconsistency or conflict.

• 4Provincial laws of general application

  Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provision for a matter that is provided for by this Act.

• 5Application of Indian Act

  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.

• 6Territorial limits of band by-laws

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

• 6(a)

  the band’s Category IA-N land; and

• 6(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.

• 7By-law may require licence or permit

  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.

• 8By-law may prohibit activities

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

• 9Statutory Instruments Act not to apply

  The Statutory Instruments Act does not apply to a by-law or resolution of the band made under this Act.

• 9.1Repealed

  [Repealed, 2018, c. 4, s. 9]

• 9.2Repealed

  [Repealed, 2018, c. 4, s. 9]

• 9.3Repealed

  [Repealed, 2018, c. 4, s. 9]

• 10Regulations

  The Governor in Council may make regulations

• 10(a)

  prescribing anything that by this Act is to be prescribed; and

• 10(b)

  generally for carrying out the purposes and provisions of this Act.

• 11Incorporation 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.

• 11(2)Meaning of non-beneficiary

  For the purposes of subsection (1), a non-beneficiary is a person who is not

• 11(2)(a)

  a Naskapi beneficiary;

• 11(2)(b)

  a corporation or other body established pursuant to the Northeastern Quebec Agreement;

• 11(2)(c)

  a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or

• 11(2)(d)

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

• 12Repealed

  [Repealed, 2018, c. 4, s. 12]

• 12.1Repealed

  [Repealed, 2018, c. 4, s. 12]

• 13Repealed

  [Repealed, 2018, c. 4, s. 12]

• 13.1Repealed

  [Repealed, 2018, c. 4, s. 12]

• 14Naskapi 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:

• 14(1)(a)

  Naskapi Nation of Kawawachikamach, in English;

• 14(1)(b)

  Nation naskapie de Kawawachikamach, in French; and

• 14(1)(c)

  Naskapi Eeyouch Kawawachikamach, in Naskapi.

• 14(2)Name

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

• 15Repealed

  [Repealed, 2018, c. 4, s. 12]

• 16Change 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.

• 16(2)Effective date of by-law

  A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

• 17Repealed

  [Repealed, 2018, c. 4, s. 14]

• 18Repealed

  [Repealed, 2018, c. 4, s. 14]

• 19Repealed

  [Repealed, 2018, c. 4, s. 14]

• 20Membership of band

  The members of the band are the Naskapi beneficiaries.

• 20.1Special provision for Indians who are not Naskapi beneficiaries

  A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary

• 20.1(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);

• 20.1(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

• 20.1(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.

• 21Objects of band

  The objects of the band are

• 21(a)

  to act as the local government authority on its Category IA-N land;

• 21(b)

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

• 21(c)

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

• 21(d)

  to regulate the use of buildings on its Category IA-N land;

• 21(e)

  to use, manage and administer its moneys and other assets;

• 21(f)

  to promote the general welfare of the members of the band;

• 21(g)

  to promote and carry out community development and charitable works in the community;

• 21(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);

• 21(i)

  to promote and preserve the culture, values and traditions of the Naskapi; and

• 21(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.

• 22Legal capacity of bands
• 22(1)

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

• 22(2)Restriction on band’s commercial activities

  The band shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to

• 22(2)(a)

  the management or administration of

• 22(2)(a)(i)

  its Category IA-N land or the natural resources thereof, or

• 22(2)(a)(ii)

  its buildings or other immovable assets on its Category IA-N land; or

• 22(2)(b)

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

• 22(3)Band may own shares in corporations

  Notwithstanding subsection (2), the band may own shares in corporations that carry on commercial activities.

• 23Band 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.

• 23(2)Canada Not-for-profit Corporations Act

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

• 23(3)Application of certain other Acts

  Where provisions of an Act of Parliament specifically applicable to corporations, other than the Acts mentioned in subsections (1) and (2), would apply to the band, the Governor in Council may by order declare that such Act or any provision thereof does not apply to the band.

• 24Head office of band

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

• 25Band council

  The council of the band is a continuing body consisting of the council members holding office pursuant to Part II.

• 26Band acts through its council

  The band shall act through its council in exercising its powers and carrying out its duties under this Act.

• 27Resolutions and by-laws

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

• 28Chief

  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.

• 29Deputy 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).

• 29(2)Duties and powers of deputy chief

  The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief.

• 30Council meetings

  By-laws may be enacted or resolutions adopted only at council meetings.

• 31Use of Naskapi language at council meetings

  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.

• 32Language 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.

• 32(2)Versions adopted in more than one language

  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.

• 33Quorum 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).

• 33(2)Idem

  Where, at any time, vacancies on the council result in there being in office fewer council members than constitute a quorum under subsection (1), the council members remaining in office constitute a quorum, subject to subsection 38(5), for the limited purpose of enabling the council to act in a care-taker capacity until such time as enough vacancies on the council have been filled pursuant to Part II to restore the quorum referred to in subsection (1).

• 33(3)Filling of vacancies

  Nothing in this section shall be construed to relieve the band of its obligation to call elections as required by subsections 76(1) and (2).

• 33(4)Where general election called

  Notwithstanding the length of the term of office of council members fixed pursuant to section 64 or 65 and notwithstanding the band’s obligation under subsection 76(1), where a general election of the band is called, the council of the band in office immediately before the calling of that general election continues in office until the date fixed for that general election.

• 34Chairmanship of meeting
• 34(1)

  The chief or, in his absence, the deputy chief shall act as chairman at council meetings.

• 34(2)Idem

  In the event that both the chief and deputy chief are unable to act as chairman at a council meeting, the council shall designate another councillor to so act.

• 35Voting
• 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).

• 35(2)Idem

  For the purposes of subsection (1), in any vote, where a council member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative.

• 35(3)Where tied vote

  In the event of a tied vote, the chairman may, except where disqualified from voting under section 38, cast a second vote to determine the question.

• 36Repealed

  [Repealed, 2018, c. 4, s. 26]

• 37When council must meet
• 37(1)

  The council shall meet at least once in every calendar quarter.

• 37(2)Meetings public

  Subject to subsection (3), council meetings shall be open to the public.

• 37(3)Decorum

  The chairman of a council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting.

• 38Conflict of interest
• 38(1)

  A council member shall disclose to the council any pecuniary interest that he has in any matter before the council and shall not take part in deliberations of the council on that matter or vote on that matter.

• 38(2)Where disagreement

  Where a disagreement arises as to whether a council member has a pecuniary interest in a matter before the council, the council shall decide by vote whether the council member has such an interest, and the council member in question may not take part in that vote.

• 38(3)Idem

  Where the council decides pursuant to subsection (2) that a council member has a pecuniary interest in a matter before the council, the council member in question shall not take part in deliberations of the council on that matter or vote on that matter.

• 38(4)Where chairman is disqualified

  Where, pursuant to this section, the chairman is prohibited from taking part in deliberations and from voting, he may nevertheless continue to act as chairman.

• 38(5)Effect of disqualification

  A council member who, pursuant to this section, is disqualified from taking part in deliberations and from voting shall be considered not to be present for the purposes of

• 38(5)(a)

  determining a quorum under subsection 33(1) or (2); and

• 38(5)(b)

  determining a majority under subsection 35(1).

• 38(6)Offence

  A council member who contravenes subsection (1) or (3) is guilty of an offence.

• 38(7)Repealed

  [Repealed, 2018, c. 4, s. 28]

• 39By-laws respecting council meetings

  The band may make by-laws respecting procedures relating to council meetings, including, without limiting the generality of the foregoing, by-laws respecting notices of meetings, agenda, procedure at meetings and voting.

• 40By-laws respecting committees
• 40(1)

  The band may make by-laws

• 40(1)(a)

  establishing such committees as the band considers necessary to assist in the administration of the affairs of the band; and

• 40(1)(b)

  setting out the composition and functions of such committees.

• 40(2)Membership of committees

  By-laws made under subsection (1) may provide for the membership on committees of persons who are not council members.

• 40(3)Powers of committees

  Committees may exercise only advisory or administrative functions and are responsible to the council for the performance of their functions.

• 41Bodies, officers, employees and agents
• 41(1)

  The band, by resolution or by-law,

• 41(1)(a)

  shall appoint a band secretary and a band treasurer and fix their remuneration;

• 41(1)(b)

  may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and

• 41(1)(c)

  may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged.

• 41(2)Multiple office-holders

  A person may hold concurrently more than one office referred to in subsection (1).

• 41(3)Employment agreements

  The band may enter into employment agreements with its officers and employees.

• 42Duties of band secretary
• 42(1)

  The band secretary is responsible for

• 42(1)(a)

  the safekeeping of all the books, records and documents of the band; and

• 42(1)(b)

  the preparation of the minutes of all council meetings and band meetings.

• 42(2)Secretary may certify band documents

  The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band.

• 42(3)Exercise of secretary’s powers

  The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band.

• 43Duties of band treasurer

  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.

• 44Return of band property
• 44(1)

  Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office.

• 44(2)Failure to comply

  Any person who fails to comply with subsection (1) is guilty of an offence.

• 45Power 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

• 45(1)(a)

  the administration of band affairs and the internal management of the band;

• 45(1)(b)

  the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings;

• 45(1)(c)

  health and hygiene, including

• 45(1)(c)(i)

  the prevention of overcrowding of residences,

• 45(1)(c)(ii)

  the sanitary condition of public and private property,

• 45(1)(c)(iii)

  the control or prohibition of activities or undertakings that constitute a danger to public health,

• 45(1)(c)(iv)

  the construction, operation and regulation of waste disposal systems and the collection, removal and disposal of waste generally, and

• 45(1)(c)(v)

  subject to the laws of the Province, the establishment, maintenance and operation of cemeteries;

• 45(1)(d)

  public order and safety, including

• 45(1)(d)(i)

  the establishment, maintenance and operation of fire departments,

• 45(1)(d)(ii)

  the discharge of firearms or of arms discharged by compressed air or any other means,

• 45(1)(d)(iii)

  the keeping of animals,

• 45(1)(d)(iv)

  curfews,

• 45(1)(d)(v)

  the prohibition of the sale or exchange of alcoholic beverages,

• 45(1)(d)(vi)

  the possession or consumption of alcoholic beverages in public places, and

• 45(1)(d)(vii)

  the control of public games, sports, races, athletic contests and other amusements;

• 45(1)(e)

  the protection of the environment, including natural resources;

• 45(1)(f)

  the prevention of pollution;

• 45(1)(g)

  the definition of nuisances and the control and prohibition of nuisances;