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

Marginal note:Regulations re long-term borrowing

98 The Governor in Council may make regulations respecting long-term borrowing by the band.

Contracts

Marginal note:By-laws re contracts and tenders

99 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement.

Appointment of Administrator

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:Band’s opportunity to remedy situation

  (2) Where the band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice.

• 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.

• Marginal note:Effect of appointment

  (4) Where an administrator has been appointed pursuant to subsection (3), no person shall expend moneys of the band without the consent of the administrator, and any person who violates this subsection is guilty of an offence.

• Marginal note:Administrator’s term

  (5) The administrator appointed pursuant to subsection (3) holds office for a term of four months from the date of his appointment.

• Marginal note:Extension of term

  (6) At the expiration of the administrator’s term of appointment referred to in subsection (5), the Minister may, where he is of the opinion that the financial affairs of the band continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months.

• Marginal note:Idem

  (7) The Minister’s power under subsection (6) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection.

PART VResidence and Access Rights on Category IA-N Land

Marginal note:General prohibition against residing, etc.

101 No person may reside on, enter or remain on Category IA-N land otherwise than in accordance with a residence or access right under this Part.

Marginal note:Rights subject to by-laws

• 102 (1) The exercise of residence or access rights conferred by sections 103 to 106 is subject to any by-law made under subsection (2).

• Marginal note:By-laws respecting the exercise of residence and access rights

  (2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)(a) or an authorization of access under paragraph 105(5)(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right.

Residence Rights

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:

  • (a) a member of the band;

  • (b) the member’s consort, within the meaning of section 174; and

  • (c) the family to the first degree of a person described in paragraph (a) or (b).

• 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:

  • (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;

  • (c) an administrator holding office pursuant to section 100; and

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

• 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:Pre-Agreement residence and occupation rights not affected

104 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

Access Rights

• 105 (1) to (3) [Repealed, 2018, c. 4, s. 58]

• Marginal note:Right of access to IA-N land

  (4) The following persons have a right of access to any Category IA-N land:

  • (a) any Naskapi beneficiary;

  • (b) that beneficiary’s consort, within the meaning of section 174;

  • (c) the family to the first degree of a person described in paragraph (a) or (b); and

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

• 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:

  • (a) a person who is authorized by a government body or any other public body, established by or under an Act of Parliament, an Act of the legislature of Quebec or a by-law of the band to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon;

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

  • (c) a person who has an authorization for commercial exploitation of forest resources referred to in subsection 111(2);

  • (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

  • (e) a person authorized in writing by the band or by a by-law of the band.

Marginal note:Public’s access to public facilities

106 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land.

Marginal note:Matimekosh Reserve

107 Despite the Indian Act, a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement.

Marginal note:Obstruction and trespass

• 108 (1) Every person who

  • (a) unlawfully interferes with a person’s residence or access right under this Part, or

  • (b) resides on, enters or remains on Category IA-N land otherwise than in accordance with a residence or access right under this Part

  is guilty of an offence.

• Marginal note:Other remedies preserved

  (2) Subsection (1) does not affect any right or remedy that, but for that subsection, would be available in respect of a contravention of section 101.

PART VIRights of Band, Quebec and Others in Relation to Category IA-N Land

Marginal note:Quebec retains bare ownership

• 109 (1) Quebec retains the bare ownership of Category IA-N land.

• Marginal note:Band’s rights — land and resources

  (2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof.

Soapstone Deposits

Marginal note:Band ownership of soapstone deposits

110 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band.

Forest Resources

Marginal note:Band’s rights subject to provincial control

• 111 (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

• Marginal note:Where approval required at band meeting

  (2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter.

• Marginal note:Right of member of band

  (3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes.

Gravel

Marginal note:Gravel

112 Where it has obtained a permit pursuant to section 191.38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.