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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 (S.C. 2018, c. 4)

Assented to 2018-03-29

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

Amendments to the Act (continued)

  •  (1) Subsection 192(1) of the Act is repealed.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

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

Marginal note:Waiver of exemption

  • 193 (1) A Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land may, in writing, waive the exemption conferred by subsection 190(1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA-N land, the consent of the band must be obtained to the waiver and the terms and conditions thereof, and the band’s consent must be confirmed by the electors of the band at a special band meeting or referendum.

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

 Section 194 of the Act is repealed.

  •  (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

 Section 197 of the Act is replaced by the following:

Marginal note:Offences under Act

197 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2), 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:2009, c. 12, s. 31

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

  • 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 $5,000 or six months, respectively.

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

Marginal note:Alternative procedure — ticketing scheme

199.1 In addition to the summary conviction procedures of Part XXVII of the Criminal Code, a proceeding in respect of a contravention indicated in the by-laws made under section 48.1 of this Act may be commenced in accordance with the ticketing scheme established by those by-laws.

  •  (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”

 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).

 
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