Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Agreements

  Agreements[Repealed, 2018, c. 4, s. 5]

  band

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

  building

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

  Canada

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

  Category IA land

  Category IA land[Repealed, 2018, c. 4, s. 5]

  Category IA-N land

  Category IA-N land means

  • (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,

  • (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,

  • (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

  • (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)

  Category II land

  Category II land[Repealed, 2018, c. 4, s. 5]

  Category II-N land

  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)

  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

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

  councillor

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

  council member

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

  Cree band

  Cree band[Repealed, 2018, c. 4, s. 5]

  Cree beneficiary

  Cree beneficiary[Repealed, 2018, c. 4, s. 5]

  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)

  Cree Regional Authority

  Cree Regional Authority[Repealed, 2018, c. 4, s. 5]

  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)

  Inuk of Fort George

  Inuk of Fort George or Inuit of Fort George[Repealed, 2018, c. 4, s. 5]

  James Bay and Northern Quebec Agreement

  James Bay and Northern Quebec Agreement[Repealed, 2018, c. 4, s. 5]

  Matimekosh Reserve

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

  member

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

  Minister

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

  Naskapi band

  Naskapi band[Repealed, 2018, c. 4, s. 5]

  Naskapi beneficiary

  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)

  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)

  Northeastern Quebec Agreement

  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

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

  • (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)

  ordinary band meeting

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

  Oujé-Bougoumou Band Complementary Agreement

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

  prescribed

  prescribed means prescribed by regulation; (Version anglaise seulement)

  Province

  Province means the Province of Quebec; (province)

  Quebec

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

  referendum

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

  special band meeting

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

• 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.

• Marginal note:References to “natural resources” and “land”

  (3) 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.

• Marginal note:References to Quebec statutes

  (4) 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.

Inconsistency with Federal or Provincial Law

Marginal note:Federal 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.

• Marginal note:James Bay and Northern Quebec Native Claims Settlement Act

  (2) 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.

Marginal note:Provincial laws of general application

4 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.

Application of Indian Act

Marginal note:Application of Indian Act

5 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.

Band By-laws and Resolutions

Marginal note:Territorial limits of band by-laws

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

• (a) the band’s Category IA-N land; and

• (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.

Marginal note:By-law may require licence or permit

7 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.

Marginal note:By-law may prohibit activities

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