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

Marginal note:Eligibility

159 A council member, officer, employee or agent of a Cree First Nation or the Naskapi band is not eligible to be appointed or to continue to serve as a member of the Commission.

Marginal note:Term of office

• 160 (1) Except as provided by subsection (3), a member shall be appointed for a term of two years.

• Marginal note:Tenure

  (2) A member may be removed for cause.

• Marginal note:Vacancy

  (3) Where a member dies or resigns or is removed for cause, a new member shall be appointed for the duration of the unexpired term of the former member.

• Marginal note:Eligibility for re-appointment

  (4) A member is eligible for re-appointment on the expiration of his term of office.

• Marginal note:Temporary substitute member

  (5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Nation Government and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council.

• Marginal note:Remuneration of members

  (6) Members of the Commission shall be paid such remuneration as is fixed by the Governor in Council.

Marginal note:Head office

161 The head office of the Commission shall be in the City of Val d’Or, Quebec or at such other place as the Governor in Council, on the recommendation of the Cree Nation Government and the Naskapi band, may designate.

Marginal note:Staff

• 162 (1) The Commission may, with the approval of the Treasury Board, employ or engage such officers, employees and agents as are necessary for the proper conduct of the work of the Commission.

• Marginal note:Remuneration of staff

  (2) Persons employed or engaged under subsection (1) shall be paid such remuneration as is fixed by the Commission with the approval of the Treasury Board.

• Marginal note:Not part of federal public administration

  (3) The members of the Commission and persons employed or engaged under subsection (1) are not part of the federal public administration by reason only of such membership, employment or engagement.

• Marginal note:Financial

  (4) The remuneration of the members of the Commission and of persons employed or engaged under subsection (1) shall be paid out of money appropriated by Parliament for that purpose.

Marginal note:Quorum

• 163 (1) A quorum of the Commission consists of all members.

• Marginal note:Majority

  (2) Decisions of the Commission shall be made by majority vote, except as provided in section 164.

• Marginal note:Rules

  (3) The Commission may make rules for the conduct of its business.

Marginal note:Commission may delegate its powers

164 The Commission may, by unanimous decision of its members, delegate its powers or duties, except the power referred to in subsection 163(3), to one or more of its members.

Marginal note:Duties of Commission

• 165 (1) Subject to subsections (2) and (3), the Commission shall

  • (a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and

  • (b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.

• Marginal note:Exception

  (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced.

• Marginal note:Commission’s discretion

  (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied

  • (a) that the representation has not been made in good faith;

  • (b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation;

  • (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or

  • (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued.

• Marginal note:Commission to state grounds for refusal

  (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based.

Marginal note:Notice of investigation

• 166 (1) Where the Commission decides to investigate a representation, it shall forthwith give notice to

  • (a) the person who made the representation;

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

  • (c) any person whose misconduct is alleged in the representation;

  • (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.

• Marginal note:Privacy of hearings

  (2) An investigation by the Commission under this Part shall be conducted in private unless the Commission is satisfied that the public conduct of the investigation would not be prejudicial to the interests of any person, in which case it may order the investigation to be conducted in whole or in part in public.

• 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.

Marginal note:Commission may request evidence

167 The Commission, where it deems it necessary in the conduct of an investigation under this Part, may request any person to appear before it, give evidence and produce documents and things, but such a person is under no obligation to comply with the request, and the Commission has no power of subpoena.

Marginal note:Protection against negative findings

168 The Commission shall not make any negative finding against a person unless it has given him reasonable notice of his alleged misconduct that might form the subject of such a finding and has allowed him an opportunity to be heard in person or by counsel.

Marginal note:Protection of members of Commission

• 169 (1) No action lies against the Commission, any member thereof, or any person holding an office or appointment under the Commission, for anything done or reported or said in the course of the exercise or intended exercise of his official functions, unless it is shown that he acted in bad faith.

• Marginal note:Protection of witnesses

  (2) In the absence of malice, no action for defamation lies against a person for testimony that he has given under oath before the Commission.

Marginal note:Report of investigation

170 At the conclusion of an investigation under this Part, the Commission shall prepare a report stating its findings, conclusions and recommendations in respect of the matter investigated, and shall forthwith send copies of the report to the persons referred to in subsection 166(1) and to any person against whom the Commission has made a negative finding.

171 [Repealed, 2018, c. 4, s. 98]

Marginal note:Inquiry into the functioning of the Commission

• 172 (1) Within six months after the fifth anniversary of the coming into force of this Part, the Governor in Council shall appoint a person or persons to inquire into the powers, duties and operation of the Commission.

• Marginal note:Report to be tabled in Parliament

  (2) The person or persons appointed under subsection (1) shall, within six months after being appointed, submit a report to the Minister, containing such recommendations as they consider appropriate, and the Minister shall cause the report to be laid before each House of Parliament on any of the first ten days on which that House is sitting after the day the Minister receives it.

PART XIIISuccessions

Marginal note:Application of Part

173 This Part applies only in respect of the succession of a Naskapi beneficiary who dies after the coming into force of this Part and who, at the time of his or her death, was domiciled on Category IA-N land.

Marginal note:Definitions

174 In this Part,

child

child includes an adopted child, where the adoption

• (a) was done in accordance with, or is recognized by, the laws of the Province, or

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

consort

consort means one of two consorts; (Version anglaise seulement)

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)

traditional property

traditional property means

• (a) all movable property, excluding money, normally used in the exercise of the right to harvest referred to in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), other than movable property used in commercial fishing, and includes, without limiting the generality of the foregoing, vehicles, boats, motors, guns, traps and camping equipment, and

• (b) animal products or by-products that are the product of the exercise of the right to harvest described in paragraph (a). (biens traditionnels)