Naskapi and the Cree-Naskapi Commission Act

Marginal note:Certain pre-existing rights on IA land to continue until expiry

• 117 (1) A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before July 3, 1984, granted in writing by Quebec before November 11, 1975 on land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, other than land referred to in subsection (1.1), may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed in it, or,where the term is renewed on or after November 11, 1975, until the end of the renewal period.

• Marginal note:Certain pre-existing rights on IA land to continue until expiry

  (1.1) A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before the coming into force of this subsection, granted in writing by Quebec — before the coming into force of the Oujé-Bougoumou Band Complementary Agreement — on land that became Category IA land of the Oujé-Bougoumou Band by virtue of that Agreement, may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed in it, or, where the term is renewed on or after the day on which that Agreement came into force, until the end of the renewal period.

• Marginal note:Certain pre-existing rights on IA-N land to continue until expiry

  (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period.

• Marginal note:Replacement of previously held rights and interests

  (3) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by an Indian Act Cree band,

  • (a) in Category IA land,

  • (b) in land that became Category IA land by virtue of the James Bay and Northern Quebec Agreement, or

  • (c) in a building situated on land described in paragraph (a) or (b),

  that band’s successor band under this Act shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

• Marginal note:Previously held rights and interests — Oujé-Bougoumou Band

  (3.1) If, immediately before the coming into force of this subsection, a person held a right or interest, lawfully granted by the Minister or the Oujé-Bougoumou Eenuch Association in land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, or in a building situated on that land, the Oujé-Bougoumou Band shall, if that person so requests within two years after the coming into force of this subsection, without delay grant to that person under Part VIII a right or interest that is equivalent to the person’s former right or interest, at which time the person’s former right or interest expires. If the person does not make the request within two years after the coming into force of this subsection, that person’s former right or interest expires at the end of that period.

• Marginal note:Idem, for IA-N land

  (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

  • (a) in Category IA-N land,

  • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

  • (c) in a building situated on land described in paragraph (a) or (b),

  the Naskapi band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

• Marginal note:Previous possession or occupation

  (5) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of an Indian Act Cree band,

  • (a) Category IA land of that band,

  • (b) land that became Category IA land of that band by virtue of the James Bay and Northern Quebec Agreement, or

  • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

  but that person was not a holder of a right or interest in that land or building referred to in subsection (1) or (3), that band’s successor band under this Act shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

• Marginal note:Previous possession or occupation — Oujé-Bougoumou Band

  (5.1) If, immediately before the coming into force of this subsection, a person was in possession of, or occupied, with the explicit consent of the Oujé-Bougoumou Eenuch Association, land that became Category IA land of the Oujé-Bougoumou Band by virtue of the Oujé-Bougoumou Band Complementary Agreement, or a building owned by the Oujé-Bougoumou Eenuch Association and situated on that land, but that person was not a holder of a right or interest in that land or building referred to in subsection (1.1) or (3.1), the Oujé-Bougoumou Band shall, if that person so requests within two years after the coming into force of this subsection, without delay grant to that person under Part VIII a right or interest in that land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

• Marginal note:Idem, for IA-N land

  (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

  • (a) Category IA-N land of that band,

  • (b) land that became Category IA-N land of that band by virtue of the Northeastern Quebec Agreement, or

  • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

  but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the Naskapi band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

• Marginal note:Certain restrictions applicable

  (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by a band of a right or interest in land pursuant to any of subsections (3) to (6).