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)
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Assented to 2018-03-29
PART 21984, c. 18Cree-Naskapi (of Quebec) Act (continued)
Amendments to the Act (continued)
11 The heading of Part I of the French version of the Act is replaced by the following:
Administration locale
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:
Band Name
Marginal note:Naskapi Nation of Kawawachikamach
14 (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16:
Marginal note:Name
(2) The band may be designated by any of its names mentioned in paragraphs (1)(a) to (c).
13 Subsection 16(1) of the Act is replaced by the following:
Marginal note:Change of band name
16 (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.
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:
Membership of Band
Marginal note:Membership of band
20 The members of the band are the Naskapi beneficiaries.
15 Paragraphs 20.1(a) to (c) of the Act are replaced by the following:
(a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);
(b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and
(c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.
16 The heading before section 21 of the English version of the Act is replaced by the following:
Objects and Powers of Band
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:
(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.
20 Section 24 of the Act is replaced by the following:
Marginal note:Head office of band
24 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.
21 Sections 27 and 28 of the English version of the Act are replaced by the following:
Marginal note:Resolutions and by-laws
27 The council shall act by resolution, except where required to act by by-law.
Marginal note:Chief
28 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.
22 Subsection 29(1) of the English version of the Act is replaced by the following:
Marginal note:Deputy chief
29 (1) One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a).
23 Sections 31 and 32 of the Act are replaced by the following:
Marginal note:Use of Naskapi language at council meetings
31 In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language.
Marginal note:Language of by-laws and resolutions
32 (1) A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.
Marginal note:Versions adopted in more than one language
(2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.
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