Naskapi and the Cree-Naskapi Commission Act

Marginal note:Property exempt from seizure, etc.

• 190 (1) Subject to this Part, movable and immovable property situated on Category IA or IA-N land and belonging to a Cree beneficiary, a Naskapi beneficiary or an Indian ordinarily resident on Category IA or IA-N land, and any right or interest of such a person in Category IA or IA-N land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree band or an Indian ordinarily resident on Category IA land (in the case of property of a Cree beneficiary or of an Indian ordinarily resident on Category IA land) or a Naskapi beneficiary, the Naskapi band or an Indian ordinarily resident on Category IA-N land (in the case of property of a Naskapi beneficiary or of an Indian ordinarily resident on Category IA-N land).

• Marginal note:Idem

  (2) Subject to this Part, movable and immovable property situated on Category IA or IA-N land and belonging to a band is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree band or an Indian ordinarily resident on Category IA land (in the case of property of a Cree band) or a Naskapi beneficiary, the Naskapi band or an Indian ordinarily resident on Category IA-N land (in the case of property of the Naskapi band).

• Marginal note:Idem

  (3) The right or interest of a band in its Category IA or IA-N land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person.

• Marginal note:Idem

  (4) A right or interest in Category IA or IA-N land of a person other than a Cree beneficiary or Naskapi beneficiary or a band, or the immovable property of such person situated on Category IA or IA-N land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Cree beneficiary or a Cree band (in the case of Category IA land) or a Naskapi beneficiary or the Naskapi band (in the case of Category IA-N land), except where the band has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation.

• Marginal note:Conditional sales

  (5) A person who sells movable property to

  • (a) a Cree beneficiary,

  • (b) a Naskapi beneficiary,

  • (c) an Indian ordinarily resident on Category IA or IA-N land, or

  • (d) a band

  under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under that agreement notwithstanding that the movable property is situated on Category IA or IA-N land.