An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts (S.C. 2018, c. 4)

PART 21984, c. 18Cree-Naskapi (of Quebec) Act

Amendments to the Act

2 The long title of the Cree-Naskapi (of Quebec) Act is replaced by the following:

3 The preamble to the Act is replaced by the following:

4 Section 1 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 1

• 5 (1) The definitions Agreements, Category IA land, Category II land, Cree band, Cree beneficiary, Cree Regional Authority, Inuk of Fort George or Inuit of Fort George, James Bay and Northern Quebec Agreement, Naskapi band and Oujé-Bougoumou Band Complementary Agreement in subsection 2(1) of the Act are repealed.

• Marginal note:2009, c. 12, s. 1(1)

  (2) The definitions band, Category III land, chief, council member, elector and member in subsection 2(1) of the Act are replaced by the following:

  band

  band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14; (bande ou bande naskapie)

  Category III land

  Category III land means the land established as Category III land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie III)

  chief

  chief means the person holding the office of chief of the band pursuant to Part II; (chef)

  council member

  council member means the chief or a councillor of the band; (membre du conseil)

  elector

  elector means a member of the band who is 18 years of age or over and not under curatorship under the laws of the Province; (électeur)

  member

  member means a member of the band as provided in section 20; (membre)

• (3) Paragraph (a) of the definition Category IA-N land in subsection 2(1) of the Act is replaced by the following:

  • (a) until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4.4 and 5 of the Northeastern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 394-81 of February 12, 1981, pursuant to sections 191.3 and 191.5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) for the exclusive use and benefit of the Indian Act Naskapis de Schefferville band, and accepted by Canada by Canada Order in Council P.C. 1981-809 of March 26, 1981,

• (4) Paragraph (b) of the definition Category IA-N land in subsection 2(1) of the English version of the Act is replaced by the following:

  • (b) after the transfer to Canada by Quebec by final deed for the exclusive use and benefit of the Naskapi band pursuant to sections 4.4 and 5 of the Northeastern Quebec Agreement and section 191.6 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed,

• (5) The definition Naskapi Development Corporation in subsection 2(1) of the English version of the Act is replaced by the following:

  Naskapi Development Corporation

  Naskapi Development Corporation means the Naskapi Development Corporation established by the Act respecting the Naskapi Development Corporation (Quebec); (Société de développement des Naskapis)

• (6) The definitions assemblée extraordinaire and personne morale or personalité morale in subsection 2(1) of the French version of the Act are replaced by the following:

  special band meeting

  assemblée extraordinaire L’assemblée de la bande mentionnée aux articles 83 à 88. (special band meeting)

  personne morale ou personnalité morale S’entendent au sens de « corporation » dans la Convention du Nord-Est québécois. (French version only)

• (7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  Cree Nation Government

  Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (Gouvernement de la nation crie)

• (8) Subsection 2(2) of the Act is replaced by the following:

  • Marginal note:Indian Act band

    (2) A reference in this Act to Indian Act band is a reference to band within the meaning of the Indian Act.

6 Section 5 of the Act is replaced by the following:

7 The heading before section 6 of the French version of the Act is replaced by the following:

8 Sections 6 to 8 of the Act are replaced by the following:

Marginal note:2009, c. 12, s. 2

9 The heading before section 9.1 and sections 9.1 to 9.3 of the Act are repealed.

• 10 (1) Subsection 11(1) of the Act is replaced by the following:

  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.

• (2) Paragraphs 11(2)(a) to (d) of the Act are replaced by the following:

  • (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.

11 The heading of Part I of the French version of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 3 and 4

12 The heading “Incorporation of Bands” before section 12 and sections 12 to 15 of the Act are replaced by the following:

13 Subsection 16(1) of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 6

14 The heading before section 17 and sections 17 to 20 of the Act are replaced by the following:

15 Paragraphs 20.1(a) to (c) of the Act are replaced by the following:

16 The heading before section 21 of the English version of the Act is replaced by the following:

• 17 (1) The portion of section 21 of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Objects of band

  21 The objects of the band are

• (2) Paragraph 21(a) of the Act is replaced by the following:

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

• (3) Paragraphs 21(b) to (d) of the English version of the Act are replaced by the following:

  • (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;

• (4) Paragraphs 21(h) to (j) of the Act are replaced by the following:

  • (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.

• 18 (1) Subsection 22(1) of the English version of the Act is replaced by the following:

  Marginal note:Legal capacity of band

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

• (2) Subparagraph 22(2)(a)(ii) of the English version of the Act is replaced by the following:

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

• (3) Paragraph 22(2)(b) of the English version of the Act is replaced by the following:

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

• 19 (1) Subsection 23(1) of the Act is replaced by the following:

  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:2009, c. 23, s. 352

  (2) Subsection 23(2) of the Act is replaced by the following:

  • Marginal note:Acts not applicable to band

    (2) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the band.