Naskapi and the Cree-Naskapi Commission Act

Marginal note:Right of access to IA land

• 105 (1) The following persons have a right of access to any Category IA land:

  • (a) any Cree beneficiary;

  • (b) that beneficiary’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:Indians who are not Cree beneficiaries

  (2) A person who, immediately before the coming into force of this Part, was a member of one of the Indian Act Cree bands mentioned in subsection 12(1) but was not a Cree beneficiary has a right of access to the Category IA land of the band of which he is deemed by paragraph 18(a) to be a member.

• Marginal note:Inuit of Fort George

  (3) The Inuit of Fort George have a right of access to the Category IA land of the Chisasibi Band.

• 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 Naskapi band.

• Marginal note:Special categories of persons who are permitted access to IA or IA-N land

  (5) In addition to persons described in subsections (1) to (4), the following persons are permitted access to Category IA or IA-N land of a 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 or 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 114 or 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.