Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Marginal note:Rights subject to by-laws

• 102. (1) The exercise of residence or access rights conferred by sections 103 to 106 is subject to any by-law made under subsection (2).

• Marginal note:By-laws respecting the exercise of residence and access rights

  (2) A band may make by-laws for the purpose of regulating, on its Category IA or 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.

Marginal note:Right to reside on IA or IA-N land

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

  • (a) a member of that band;

  • (b) the member’s consort, within the meaning of section 174; and

  • (c) the family to the first degree of a person described in paragraph (a) or (b).

• Marginal note:Special categories of persons who may reside on IA or IA-N land

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

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

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

  • (c) an administrator holding office pursuant to section 100; and

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

• Marginal note:Band’s control over number of outsiders

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

Marginal note:Pre-Agreement residence and occupation rights not affected

• 104. (1) A person who is not a Cree beneficiary and who

  • (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, and

  • (b) 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.

• Marginal note:Idem

  (2) A person who

  • (a) is not a Naskapi beneficiary,

  • (b) 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

  • (c) 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.