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

Marginal note:Statutory Instruments Act not to apply

9 The Statutory Instruments Act does not apply to a by-law or resolution of the band made under this Act.

9.1 [Repealed, 2018, c. 4, s. 9]

9.2 [Repealed, 2018, c. 4, s. 9]

9.3 [Repealed, 2018, c. 4, s. 9]

Regulations

Marginal note:Regulations

10 The Governor in Council may make regulations

• (a) prescribing anything that by this Act is to be prescribed; and

• (b) generally for carrying out the purposes and provisions of this Act.

Incorporation by Reference of Provincial Laws

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.

• Marginal note:Meaning of non-beneficiary

  (2) For the purposes of subsection (1), a non-beneficiary is a person who is not

  • (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.

PART ILocal Government

Band Name

12 [Repealed, 2018, c. 4, s. 12]

12.1 [Repealed, 2018, c. 4, s. 12]

13 [Repealed, 2018, c. 4, s. 12]

13.1 [Repealed, 2018, c. 4, s. 12]

Marginal note:Naskapi Nation of Kawawachikamach

• 14 (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16:

  • (a) Naskapi Nation of Kawawachikamach, in English;

  • (b) Nation naskapie de Kawawachikamach, in French; and

  • (c) Naskapi Eeyouch Kawawachikamach, in Naskapi.

• Marginal note:Name

  (2) The band may be designated by any of its names mentioned in paragraphs (1)(a) to (c).

15 [Repealed, 2018, c. 4, s. 12]

Marginal note:Change of band name

• 16 (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

• Marginal note:Effective date of by-law

  (2) A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

Membership of Band

17 [Repealed, 2018, c. 4, s. 14]

18 [Repealed, 2018, c. 4, s. 14]

19 [Repealed, 2018, c. 4, s. 14]

Marginal note:Membership of band

20 The members of the band are the Naskapi beneficiaries.

Marginal note:Special provision for Indians who are not Naskapi beneficiaries

20.1 A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary

• (a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);

• (b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and

• (c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band 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.

Objects and Powers of Band

Marginal note:Objects of band

21 The objects of the band are

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

• (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;

• (e) to use, manage and administer its moneys and other assets;

• (f) to promote the general welfare of the members of the band;

• (g) to promote and carry out community development and charitable works in the community;

• (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.

Marginal note:Legal capacity of bands

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

• Marginal note:Restriction on band’s commercial activities

  (2) The band shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to

  • (a) the management or administration of

    • (i) its Category IA-N land or the natural resources thereof, or

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

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

• Marginal note:Band may own shares in corporations

  (3) Notwithstanding subsection (2), the band may own shares in corporations that carry on commercial activities.

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:Canada Not-for-profit Corporations Act

  (2) The Canada Not-for-profit Corporations Act does not apply to the band.

• Marginal note:Application of certain other Acts

  (3) Where provisions of an Act of Parliament specifically applicable to corporations, other than the Acts mentioned in subsections (1) and (2), would apply to the band, the Governor in Council may by order declare that such Act or any provision thereof does not apply to the band.

Head Office of Band

Marginal note:Head office of band

24 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.

Band Council

Marginal note:Band council

25 The council of the band is a continuing body consisting of the council members holding office pursuant to Part II.

Marginal note:Band acts through its council

26 The band shall act through its council in exercising its powers and carrying out its duties under this Act.

Marginal note:Resolutions and by-laws

27 The council shall act by resolution, except where required to act by by-law.

Marginal note:Chief

28 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.

Marginal note:Deputy chief

• 29 (1) One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a).

• Marginal note:Duties and powers of deputy chief

  (2) The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief.

Council Meetings

Marginal note:Council meetings

30 By-laws may be enacted or resolutions adopted only at council meetings.