RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts”.

PART 1Cree Nation of Eeyou Istchee Governance Agreement Act

Enactment of Act

Marginal note:Enactment

1 The Cree Nation of Eeyou Istchee Governance Agreement Act is enacted as follows:

PART 21984, c. 18Cree-Naskapi (of Quebec) Act

Amendments to the Act

2 The long title of the Cree-Naskapi (of Quebec) Act is replaced by the following:

3 The preamble to the Act is replaced by the following:

4 Section 1 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 1

• 5 (1) The definitions Agreements, Category IA land, Category II land, Cree band, Cree beneficiary, Cree Regional Authority, Inuk of Fort George or Inuit of Fort George, James Bay and Northern Quebec Agreement, Naskapi band and Oujé-Bougoumou Band Complementary Agreement in subsection 2(1) of the Act are repealed.

• Marginal note:2009, c. 12, s. 1(1)

  (2) The definitions band, Category III land, chief, council member, elector and member in subsection 2(1) of the Act are replaced by the following:

  band

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

  Category III land

  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)

  chief

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

  council member

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

  elector

  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)

  member

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

• (3) Paragraph (a) of the definition Category IA-N land in subsection 2(1) of the Act is replaced by the following:

  • (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,

• (4) Paragraph (b) of the definition Category IA-N land in subsection 2(1) of the English version of the Act is replaced by the following:

  • (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,

• (5) The definition Naskapi Development Corporation in subsection 2(1) of the English version of the Act is replaced by the following:

  Naskapi Development Corporation

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

• (6) The definitions assemblée extraordinaire and personne morale or personalité morale in subsection 2(1) of the French version of the Act are replaced by the following:

  special band meeting

  assemblée extraordinaire L’assemblée de la bande mentionnée aux articles 83 à 88. (special band meeting)

  personne morale ou personnalité morale S’entendent au sens de « corporation » dans la Convention du Nord-Est québécois. (French version only)

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

  Cree Nation Government

  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)

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

  • Marginal note:Indian Act band

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

6 Section 5 of the Act is replaced by the following:

7 The heading before section 6 of the French version of the Act is replaced by the following:

8 Sections 6 to 8 of the Act are replaced by the following:

Marginal note:2009, c. 12, s. 2

9 The heading before section 9.1 and sections 9.1 to 9.3 of the Act are repealed.

• 10 (1) Subsection 11(1) of the Act is replaced by the following:

  Marginal note:Incorporation 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.

• (2) Paragraphs 11(2)(a) to (d) of the Act are replaced by the following:

  • (a) a Naskapi beneficiary;

  • (b) a corporation or other body established pursuant to the Northeastern Quebec Agreement;

  • (c) a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or

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

11 The heading of Part I of the French version of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 3 and 4

12 The heading “Incorporation of Bands” before section 12 and sections 12 to 15 of the Act are replaced by the following:

13 Subsection 16(1) of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 6

14 The heading before section 17 and sections 17 to 20 of the Act are replaced by the following:

15 Paragraphs 20.1(a) to (c) of the Act are replaced by the following:

16 The heading before section 21 of the English version of the Act is replaced by the following:

• 17 (1) The portion of section 21 of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Objects of band

  21 The objects of the band are

• (2) Paragraph 21(a) of the Act is replaced by the following:

  • (a) to act as the local government authority on its Category IA-N land;

• (3) Paragraphs 21(b) to (d) of the English version of the Act are replaced by the following:

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

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

  • (d) to regulate the use of buildings on its Category IA-N land;

• (4) Paragraphs 21(h) to (j) of the Act are replaced by the following:

  • (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);

  • (i) to promote and preserve the culture, values and traditions of the Naskapi; and

  • (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.

• 18 (1) Subsection 22(1) of the English version of the Act is replaced by the following:

  Marginal note:Legal capacity of band

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

• (2) Subparagraph 22(2)(a)(ii) of the English version of the Act is replaced by the following:

  • (ii) its buildings or other immovable assets on its Category IA-N land; or

• (3) Paragraph 22(2)(b) of the English version of the Act is replaced by the following:

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

• 19 (1) Subsection 23(1) of the Act is replaced by the following:

  Marginal note:Band 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.

• Marginal note:2009, c. 23, s. 352

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

  • Marginal note:Acts not applicable to band

    (2) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the band.

20 Section 24 of the Act is replaced by the following:

21 Sections 27 and 28 of the English version of the Act are replaced by the following:

22 Subsection 29(1) of the English version of the Act is replaced by the following:

23 Sections 31 and 32 of the Act are replaced by the following:

24 Subsection 33(1) of the English version of the Act is replaced by the following:

25 Subsection 35(1) of the English version of the Act is replaced by the following:

26 Section 36 of the Act is repealed.

27 Subsection 37(1) of the English version of the Act is replaced by the following:

28 Subsection 38(7) of the Act is repealed.

29 Section 43 of the English version of the Act is replaced by the following:

• 30 (1) The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Power 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

• (2) Subparagraph 45(1)(h)(ii) of the English version of the Act is replaced by the following:

  • (ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,

• 31 (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:By-laws re land and resource use and planning

  • 46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting

• (2) Paragraphs 46(1)(a) to (c) of the English version of the Act are replaced by the following:

  • (a) the inventory, use and management of its Category IA-N land and the natural resources thereof;

  • (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and

  • (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.

• 32 (1) Paragraph 48(1)(a) of the Act is replaced by the following:

  • (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

• (2) Paragraphs 48(1)(c) and (d) of the Act are replaced by the following:

  • (c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and

  • (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act.

• (3) Subsection 48(2) of the Act is replaced by the following:

  • Marginal note:Proposed by-laws to be submitted to Coordinating Committee

    (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.

33 The Act is amended by adding the following after section 48:

34 Subsection 50(1) of the Act is replaced by the following:

35 Subsection 52(1) of the Act is replaced by the following:

Marginal note:2009, c. 12, ss. 7, 8 and 9

36 The heading “Cree Transitional Provisions” before section 58 and sections 58 to 62.3 of the Act are replaced by the following:

37 Subsection 63(1) of the Act is replaced by the following:

• 38 (1) The portion of section 68 of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Eligibility to be elected council member

  68 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she

• (2) Paragraph 68(f) of the Act is replaced by the following:

  • (f) resides on the Matimekosh Reserve.

• 39 (1) Subparagraph 69(b)(vi) of the Act of the Act is replaced by the following:

  • (vi) is under curatorship under the laws of the Province;

• (2) Paragraph 69(d) of the Act is replaced by the following:

  • (d) the office-holder resides on the Matimekosh Reserve; or

40 Section 71 of the English version of the Act is replaced by the following:

41 Paragraph 73(c) of the Act is replaced by the following:

42 Subsection 78(1) of the English version of the Act is replaced by the following:

43 Section 80 of the Act is replaced by the following:

44 Section 81 of the English version of the Act is replaced by the following:

45 The heading of Part IV of the English version of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 10

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

Marginal note:2009, c. 12, s. 11

• 47 (1) The portion of subsection 91(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Access to books and records

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

• Marginal note:2009, c. 12, s. 11

  (2) Subsection 91(2.1) of the Act is repealed.

Marginal note:2009, c. 12, s. 12

48 Subsections 93(5) and (5.1) of the Act are replaced by the following:

Marginal note:2009, c. 12, s. 13

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

50 Subsection 97(2) of the Act is replaced by the following:

51 Section 98 of the Act is replaced by the following:

52 Section 99 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 14(1)

• 53 (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), 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 the band are in serious disorder, the Minister may give written notice to the 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.

• Marginal note:2009, c. 12, s. 14(2)

  (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.

54 The heading of Part V of the Act is replaced by the following:

55 Subsection 102(2) of the Act is replaced by the following:

• 56 (1) The portion of subsection 103(1) of the Act before paragraph (a) is replaced by the following:

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

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

• (2) Paragraph 103(1)(a) of the English version of the Act is replaced by the following:

  • (a) a member of the band;

• (3) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:

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

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

• (4) Paragraphs 103(2)(a) and (b) of the English version of the Act are replaced by the following:

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

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

• (5) Paragraph 103(2)(d) of the English version of the Act is replaced by the following:

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

• (6) Subsection 103(3) of the Act is replaced by the following:

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

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

Marginal note:2009, c. 12, s. 15

57 Section 104 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 16(1)

• 58 (1) Subsections 105(1) to (3) of the Act are repealed.

• (2) Paragraph 105(4)(d) of the Act is replaced by the following:

  • (d) a person deemed by paragraph 20.1(a) to be a member of the band.

• (3) The portion of subsection 105(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Special categories of persons who are permitted access to Category IA-N land

    (5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the band to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question:

• (4) Paragraph 105(5)(b) of the English version of the Act is replaced by the following:

  • (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon;

• Marginal note:2009, c. 12, s. 16(2)

  (5) 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 115 or a person exercising a right under subsection 113(3); and

59 Sections 106 and 107 of the Act are replaced by the following:

60 Section 109 of the Act and the heading of Part VI before it are replaced by the following:

61 Section 110 of the Act is replaced by the following:

62 Section 111 of the Act is replaced by the following:

63 Section 112 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 17

• 64 (1) Subsections 113(1) to (3.1) of the Act are replaced by the following:

  Marginal note:Mineral and subsurface rights

  • 113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land.

  • Marginal note:Consent and compensation requirements

    (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the 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 a right or title described in section 115 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 subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

• (2) Paragraph 113(4)(b) of the English version of the Act is replaced by the following:

  • (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and

Marginal note:2009, c. 12, ss. 18 and 19

65 Sections 114 and 115 of the Act are replaced by the following:

Marginal note:2009, c. 12, s. 20

• 66 (1) Subsections 116(1) to (2) of the Act are replaced by the following:

  Marginal note:Manner in which rights must be exercised

  • 116 (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

• (2) Subsection 116(3) of the Act is replaced by the following:

  • Marginal note:Manner in which rights must be exercised

    (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

• (3) The portion of subsection 116(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Compensation to band

    (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band

• (4) Subsection 116(5) of the Act is replaced by the following:

  • Marginal note:Procedure re replacement land

    (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

67 The heading before section 117 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 21(1)

• 68 (1) Subsections 117(1) and (1.1) of the Act are repealed.

• Marginal note:2009, c. 12, s. 21(2)

  (2) Subsections 117(3) to (4) of the Act are replaced by the following:

  • Marginal note:Previously held rights and interests

    (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

    • (a) in Category IA-N land,

    • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) in a building situated on land described in paragraph (a) or (b),

    the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

• Marginal note:2009, c. 12, ss. 21(3) and (4)

  (3) Subsections 117(5) to (7) of the Act are replaced by the following:

  • Marginal note:Previous possession or occupation

    (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

    • (a) Category IA-N land,

    • (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

    but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

  • 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 the band of a right or interest in land pursuant to subsection (4) or (6).

69 Subsection 119(1) of the Act is replaced by the following:

• 70 (1) The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Expropriation for public services or structures

  • 120 (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

• (2) The portion of paragraph 120(2)(a) of the French version of the Act before subparagraph (i) is replaced by the following:

  • a) l’autorité n’a pas réussi, malgré des efforts sérieux, à obtenir, pour un coût inférieur ou sensiblement équivalent à celui de l’implantation de l’ouvrage sur des terres de catégorie IA-N, que celui-ci soit implanté :

• (3) Paragraph 120(2)(a) of the Act is amended by adding “or” at the end of subparagraph 120(2)(a)(i) and by repealing subparagraph (ii).

• (4) The portion of paragraph 120(2)(a) of the English version of the Act after subparagraph (iii) is replaced by the following:

  and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and

• (5) Paragraph 120(2)(b) of the Act is replaced by the following:

  • (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land.

71 Subsection 122(5) of the Act is replaced by the following:

72 Section 123 of the Act is replaced by the following:

• 73 (1) Subsection 124(2) of the Act is replaced by the following:

  • Marginal note:Statement on expropriation notice

    (2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

• (2) Subsection 124(3) of the English version of the Act is replaced by the following:

  • Marginal note:Idem

    (3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

• (3) Subsection 124(4) of the Act is replaced by the following:

  • Marginal note:Disputes referrable to Administrative Tribunal of Quebec

    (4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration.

• (4) Subsection 124(6) of the Act is replaced by the following:

  • Marginal note:Factors to be considered

    (6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band.

• 74 (1) The portion of subsection 125(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Rules governing compensation wholly or partly in land

  • 125 (1) Where the band is entitled to be compensated with land under paragraph 116(4)(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:

• (2) Subparagraphs 125(1)(b)(i) and (ii) of the Act are replaced by the following:

  • (i) is Category III land,

  • (ii) is adjacent to Category IA-N land of the band, and

• (3) Paragraph 125(1)(d) of the Act is replaced by the following:

  • (d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and

• (4) Subsection 125(2) of the Act is repealed.

75 Sections 126 and 127 of the Act are replaced by the following:

76 The portion of section 129 of the Act before paragraph (a) is replaced by the following:

77 The heading of Part VIII of the Act is replaced by the following:

78 The portion of subsection 135(1) of the Act before paragraph (a) is replaced by the following:

79 Subsection 137(3) of the English version of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 22

80 Section 138 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 23

81 Subsections 139(1.1) and (2) of the Act are replaced by the following:

82 The heading of Part IX of the English version of the Act is replaced by the following:

• 83 (1) The definition cession in subsection 141(1) of the Act is replaced by the following:

  cession

  cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon)

• (2) Subsection 141(2) of the Act is replaced by the following:

  • Marginal note:Granting of rights or interests under other Parts of Act

    (2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.

• 84 (1) Subsection 144(1) of the Act is replaced by the following:

  Marginal note:Cession must be approved by referendum

  • 144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.

• (2) Paragraph 144(2)(b) of the Act is replaced by the following:

  • (b) must be posted on the band’s Category IA-N land at a public place designated by the band.

85 Paragraph 150(1)(c) of the Act is replaced by the following:

86 The portion of section 151 of the Act before paragraph (a) is replaced by the following:

87 The heading of Part XI of the English version of the Act is replaced by the following:

• 88 (1) The portion of section 153 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Rights and interests that the band may expropriate

  153 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for

• (2) Paragraph 153(b) of the Act is replaced by the following:

  • (b) a right conferred by section 115; and

89 The heading of Part XII of the French version of the Act is replaced by the following:

90 Section 157 of the Act is amended by adding the following in alphabetical order:

91 Subsection 158(1) of the Act is replaced by the following:

92 Section 159 of the Act is replaced by the following:

93 Subsection 160(5) of the Act is replaced by the following:

94 Section 161 of the Act is replaced by the following:

95 Section 164 of the Act is replaced by the following:

96 Subsection 165(1) of the Act is replaced by the following:

• 97 (1) Paragraph 166(1)(b) of the Act is replaced by the following:

  • (b) the Naskapi band or each Cree First Nation referred to in the representation;

• Marginal note:2009, c. 12, s. 24

  (2) Paragraphs 166(1)(d) and (e) of the Act are replaced by the following:

  • (d) in the case of a representation referred to in paragraph 165(1)(a), the Minister; and

  • (e) the Cree Nation Government, if it is referred to in the representation.

• (3) Subsection 166(3) of the Act is replaced by the following:

  • Marginal note:Identity of person who made representation

    (3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170.

98 Section 171 of the Act is repealed.

99 Section 173 of the Act is replaced by the following:

Marginal note:2000, c. 12, ss. 90(1) and (2)

• 100 (1) The definitions consorts and family council in section 174 of the Act are replaced by the following:

  consorts

  consorts means two persons

  • (a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province,

  • (b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or

  • (c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; (conjoints)

  family council

  family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; (conseil de famille)

• (2) Paragraph (b) of the definition child in section 174 of the Act is replaced by the following:

  • (b) was done in accordance with Naskapi custom; (enfant)

101 Section 175 of the Act is replaced by the following:

102 Subsection 176(2) of the Act is replaced by the following:

103 Subsection 178(1) of the Act is replaced by the following:

104 Sections 179 and 180 of the Act are replaced by the following:

105 Subsection 181(1) of the Act is replaced by the following:

• 106 (1) The portion of subsection 182(1) of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Composition of family council

  • 182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons:

• (2) Subsection 182(2) of the English version of the Act is replaced by the following:

  • Marginal note:Where no survivors in immediate family

    (2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.

107 Section 183 of the Act is replaced by the following:

• 108 (1) Subsection 184(1) of the Act is replaced by the following:

  Marginal note:Circumstances in which band council acts as the family council

  • 184 (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.

• (2) The portion of subsection 184(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Idem

    (2) Where, on the death of a Naskapi beneficiary,

• (3) The portion of subsection 184(2) of the English version of the Act after paragraph (c) is replaced by the following:

  the council of the band shall act as the deceased’s family council.

109 Sections 185 and 186 of the English version of the Act are replaced by the following:

• 110 (1) Paragraph 187(1)(a) of the Act is replaced by the following:

  • (a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act; and

• (2) The portion of subsection 187(2) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Idem

    (2) Pour l’application de la présente partie, sont considérés comme situés en permanence sur les terres de catégorie IA-N les biens personnels :

• Marginal note:2009, c. 12, s. 90(2)

  (3) Paragraphs 187(2)(a) to (c) of the Act are replaced by the following:

  • (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament,

  • (b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or

  • (c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada

• (4) The portion of subsection 187(2) of the English version of the Act after paragraph (c) is replaced by the following:

  shall be deemed always to be situated on Category IA-N land.

• 111 (1) Paragraphs 188(1)(a) and (b) of the Act are replaced by the following:

  • (a) the interest of an Indian or the band in Category IA-N land; and

  • (b) the personal property of an Indian or the band situated on Category IA-N land.

• (2) Paragraph 188(2)(a) of the Act is replaced by the following:

  • (a) neither an Indian nor the band is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and

Marginal note:2009, c. 12, s. 26

112 Section 190 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 27

113 Section 191 of the Act is replaced by the following:

• 114 (1) Subsection 192(1) of the Act is repealed.

• (2) The portion of subsection 192(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Property deemed to be property of the Naskapi band

    (2) Where the band has the authority to delegate the power to coordinate and administer a program to the Naskapi Development Corporation and has so delegated, movable property that

• (3) Paragraph 192(2)(c) of the Act is replaced by the following:

  • (c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries or the band

• (4) The portion of subsection 192(2) of the English version of the Act after paragraph (c) is replaced by the following:

  shall, for the purposes of section 190, be deemed always to be the property of the band.

115 Subsection 193(1) of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 28

116 Section 194 of the Act is repealed.

• 117 (1) The portion of subsection 196(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Agreements for policing services

  • 196 (1) The band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with

• (2) Paragraph 196(1)(b) of the Act is replaced by the following:

  • (b) the Cree Nation Government,

• (3) Subsection 196(1) of the Act is amended by adding “or” after paragraph (c) and by repealing paragraph 196(1)(d).

• (4) The portion of subsection 196(1) of the English version of the Act after paragraph (e) is replaced by the following:

  for the provision of policing services on its Category IA-N land.

• Marginal note:2009, c. 12, s. 29

  (5) Subsection 196(1.1) of the Act is repealed.

Marginal note:2009, c. 12, s. 30

118 Section 197 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 31

119 Subsection 199(2) of the Act is replaced by the following:

120 The Act is amended by adding the following after section 199:

• 121 (1) The portion of subsection 200(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Jurisdiction of justices of the peace

  • 200 (1) In addition to the courts and persons having jurisdiction in respect of the offences listed in paragraphs (a) and (b), justices of the peace appointed pursuant to section 12.4.1 of the Northeastern Quebec Agreement have jurisdiction in respect of

• (2) Paragraph 200(1)(b) of the Act is replaced by the following:

  • (b) offences under the following provisions of the Criminal Code: section 266 (assault), section 445 (injuring or endangering animals) and section 445.1 (cruelty to animals).

• (3) Subsection 200(2) of the Act is replaced by the following:

  • Marginal note:Summary conviction court

    (2) For the purpose of exercising their jurisdiction in respect of offences listed in paragraphs (1)(a) and (b), the justices of the peace referred to in subsection (1) are a summary conviction court within the meaning of Part XXVII of the Criminal Code.

Terminology

Marginal note:Replacement of “a band” with “the band”

122 The English version of the Act is amended by replacing “a band” with “the band” in the following provisions:

• (a) the definitions councillor and referendum in subsection 2(1);

• (b) section 9;

• (c) the portion of subsection 22(2) before paragraph (a) and subsection (3);

• (d) subsection 23(3);

• (e) sections 25 and 26;

• (f) section 39;

• (g) the portion of subsection 40(1) before paragraph (a);

• (h) the portion of subsection 41(1) before paragraph (a) and subsection (3);

• (i) subsection 44(1);

• (j) the portion of subsection 45(2) before paragraph (a), the portion of subsection (4) before paragraph (a) and subsection (6);

• (k) the portion of subsection 47(1) before paragraph (a);

• (l) the portion of subsection 48(1) before paragraph (a);

• (m) the portion of subsection 50(2) before paragraph (a);

• (n) subsection 51(1);

• (o) subsection 52(2);

• (p) section 54;

• (q) subsection 55(1);

• (r) section 64;

• (s) subsections 74(1) and (2);

• (t) subsection 75(1);

• (u) subsection 76(1);

• (v) subsections 77(1) and (2);

• (w) subsections 82(1) and (2);

• (x) the portion of subsection 83(1) before paragraph (a);

• (y) section 84;

• (z) subsections 86(1), (2) and (4);

• (z.1) subsection 89(1) and the portion of subsection (2) before paragraph (a);

• (z.2) subsection 90(1), the portion of subsection (2) before paragraph (a) and subsections (3) to (6);

• (z.3) the portion of subsection 91(1) before paragraph (a);

• (z.4) the portion of section 92 before paragraph (a);

• (z.5) the portion of subsection 93(1) before paragraph (a);

• (z.6) subsections 94(3) and (4);

• (z.7) subsection 96(1);

• (z.8) the portion of subsection 97(1) before paragraph (a) and subsection (3);

• (z.9) subsection 100(2);

• (z.10) the portion of subsection 113(4) before paragraph (a);

• (z.11) subsections 122(1) to (4);

• (z.12) paragraphs 124(1)(a) and (b);

• (z.13) the portion of subection 132(1) before paragraph (a);

• (z.14) subsections 136(5) and (7) to (9);

• (z.15) subsections 137(1) and (2);

• (z.16) subsection 139(1);

• (z.17) subsection 142(1);

• (z.18) the portion of section 146 before paragraph (a);

• (z.19) section 149;

• (z.20) paragraphs 150(1)(a) and (b);

• (z.21) the portion of subsection 152(1) before paragraph (a) and subsection (2);

• (z.22) sections 154 and 155;

• (z.23) subparagraph 156(c)(i);

• (z.24) the portion of subsection 188(1) before paragraph (a);

• (z.25) subsection 193(3);

• (z.26) subsection 202(1); and

• (z.27) subsections 203(1) and (2).

Marginal note:Replacement of “IA or IA-N” with “IA-N”

123 The Act is amended by replacing “IA or IA-N” with “IA-N” in the following provisions:

• (a) subparagraph 22(2)(a)(i);

• (b) subparagraph 45(1)(h)(i);

• (c) paragraph 47(1)(a);

• (d) section 101;

• (e) paragraph 108(1)(b);

• (f) the heading of Part VII;

• (g) subsection 121(2);

• (h) subparagraphs 129(c)(i) and (d)(i);

• (i) subsection 130(2);

• (j) section 131;

• (k) paragraphs 132(1)(a) and (b);

• (l) the portion of subsection 135(2) before paragraph (a);

• (m) section 140;

• (n) subsections 145(1) to (3);

• (o) section 148;

• (p) the portion of subsection 150(1) before paragraph (a) and subsection (2);

• (q) paragraphs 151(f) and (h);

• (r) paragraph 177(a); and

• (s) subsection 196(2).

PART 3Transitional Provisions, Related and Consequential Amendments and Coordinating Amendments

Transitional Provisions

Marginal note:Cree-Naskapi Commission’s report to Parliament

• 124 (1) The Cree-Naskapi Commission may prepare and submit to the Minister of Indian Affairs and Northern Development a last report in English, French, Cree and Naskapi, for the period beginning on the day that follows the end of the period for which the 2016 Report of the Cree-Naskapi Commission was completed and ending on the day on which section 98 comes into force, on the implementation of the Cree-Naskapi (of Quebec) Act, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the day on which the Minister receives it.

• Marginal note:Circulation of report

  (2) As soon as feasable after the report is laid before each House of Parliament, the Minister shall send a copy of the report to the Cree Nation Government, the Naskapi Development Corporation, the council of each Cree First Nation and the council of the Naskapi band.

• Marginal note:Definitions

  (3) The following definitions apply in this section.

  Cree First Nation

  Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act. (première nation crie)

  Cree-Naskapi Commission

  Cree-Naskapi Commission means the Commission established by section 158 of the Naskapi and the Cree-Naskapi Commission Act. (Commission crie-naskapie)

  Cree Nation Government

  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)

  Naskapi band

  Naskapi band has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (bande naskapie)

  Naskapi Development Corporation

  Naskapi Development Corporation has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (Société de développement des Naskapis)

2000, c. 12Related Amendment to the Modernization of Benefits and Obligations Act

125 Sections 89 and 90 of the Modernization of Benefits and Obligations Act are repealed.

Consequential Amendments

R.S.C., c. 1970, c. V-4Veterans’ Land Act

126 Subsection 46(4) of the Veterans’ Land Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:

R.S., c. A-1Access to Information Act

127 Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (f):

R.S., c. E-21Expropriation Act

128 Subsection 4(2) of the Expropriation Act is replaced by the following:

R.S., c. L-6Canada Lands Surveys Act

129 Subparagraph 24(1)(a)(ii) of the Canada Lands Surveys Act is replaced by the following:

R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act

130 Paragraph (c) of the definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is replaced by the following:

R.S., c. N-7National Energy Board Act

131 Paragraph 78(3)(b) of the National Energy Board Act is replaced by the following:

R.S., c. P-21Privacy Act

• 132 (1) Paragraph 8(6)(b) of the Privacy Act is replaced by the following:

  • (b) the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

• (2) Subsection 8(7) of the Act is amended by adding the following after paragraph (f):

  • (f.1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;

2008, c. 22Specific Claims Tribunal Act

• 133 (1) The reference to

  • Cree-Naskapi (of Quebec) Act

    Loi sur les Cris et les Naskapis du Québec

  in Part 1 of the schedule to the Specific Claims Tribunal Act is replaced by the following:

  • Naskapi and the Cree-Naskapi Commission Act

    Loi sur les Naskapis et la Commission crie-naskapie

• (2) Part 1 of the schedule to the Act is amended by adding the following in alphabetical order:

  • Cree Nation of Eeyou Istchee Governance Agreement Act

    Loi sur l’accord concernant la gouvernance de la nation crie d’Eeyou Istchee

Coordinating Amendments

Marginal note:2009, c. 23

134 On the first day on which both subsection 19(2) of this Act is in force and section 352 of the Canada Not-for-profit Corporations Act has produced its effects, subsection 23(2) of the Naskapi and the Cree-Naskapi Commission Act is replaced by the following:

Marginal note:Bill — Impact Assessment, Canadian Energy Regulator and Navigation Protection

• 135 (1) Subsections (2) to (4) apply if a Bill entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”) is introduced in the 1st session of the 42nd Parliament and receives royal assent.

• (2) If section 10 of the other Act comes into force before section 131 of this Act, then

  • (a) that section 131 is deemed never to have come into force and is repealed; and

  • (b) paragraph 317(3)(a) of the Canadian Energy Regulator Act is replaced by the following:

    • (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

    • (a.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or

• (3) If section 131 of this Act comes into force before section 10 of the other Act, then, on the day on which that section 10 comes into force, paragraph 317(3)(a) of the Canadian Energy Regulator Act is replaced by the following:

  • (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

  • (a.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or

• (4) If section 131 of this Act comes into force on the same day as section 10 of the other Act, then

  • (a) that section 131 is deemed never to have come into force and is repealed; and

  • (b) paragraph 317(3)(a) of the Canadian Energy Regulator Act is replaced by the following:

    • (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

    • (a.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or