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.

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.

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.

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.

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).

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.

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.

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.

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

• 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.

• 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.

• 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.

• 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.

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.

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.

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

• 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.

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

• (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,

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).

• (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,

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.

• 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).

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.

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.