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)
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.
24 Subsection 33(1) of the English version of the Act is replaced by the following:
Marginal note:Quorum of council
33 (1) Except as provided in subsection (2), a quorum of the council consists of a majority of the number of positions of council member, subject to subsection 38(5).
25 Subsection 35(1) of the English version of the Act is replaced by the following:
Marginal note:Voting
35 (1) The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).
26 Section 36 of the Act is repealed.
27 Subsection 37(1) of the English version of the Act is replaced by the following:
Marginal note:When council must meet
37 (1) The council shall meet at least once in every calendar quarter.
28 Subsection 38(7) of the Act is repealed.
29 Section 43 of the English version of the Act is replaced by the following:
Marginal note:Duties of band treasurer
43 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.
30 (1) The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Power to make by-laws respecting local government
45 (1) Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting
(2) Subparagraph 45(1)(h)(ii) of the English version of the Act is replaced by the following:
(ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec,
31 (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:By-laws re land and resource use and planning
46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting
(2) Paragraphs 46(1)(a) to (c) of the English version of the Act are replaced by the following:
(a) the inventory, use and management of its Category IA-N land and the natural resources thereof;
(b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and
(c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.
32 (1) Paragraph 48(1)(a) of the Act is replaced by the following:
(a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);
(2) Paragraphs 48(1)(c) and (d) of the Act are replaced by the following:
(c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and
(d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act.
(3) Subsection 48(2) of the Act is replaced by the following:
Marginal note:Proposed by-laws to be submitted to Coordinating Committee
(2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.
33 The Act is amended by adding the following after section 48:
Marginal note:By-laws — ticketing scheme
48.1 (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.
Marginal note:Agreement with Government of Quebec
(2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.
34 Subsection 50(1) of the Act is replaced by the following:
Marginal note:Original to be signed
50 (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.
35 Subsection 52(1) of the Act is replaced by the following:
Marginal note:Posting of by-laws
52 (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.
Marginal note:2009, c. 12, ss. 7, 8 and 9
36 The heading “Cree Transitional Provisions” before section 58 and sections 58 to 62.3 of the Act are replaced by the following:
Marginal note:Existing council of Indian Act Naskapi band
61 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.
Marginal note:Provisions of this Act to apply
62 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act.
37 Subsection 63(1) of the Act is replaced by the following:
Marginal note:Each elector entitled to vote
63 (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)(a).
38 (1) The portion of section 68 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Eligibility to be elected council member
68 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she
(2) Paragraph 68(f) of the Act is replaced by the following:
(f) resides on the Matimekosh Reserve.
39 (1) Subparagraph 69(b)(vi) of the Act of the Act is replaced by the following:
(vi) is under curatorship under the laws of the Province;
(2) Paragraph 69(d) of the Act is replaced by the following:
(d) the office-holder resides on the Matimekosh Reserve; or
40 Section 71 of the English version of the Act is replaced by the following:
Marginal note:Returning Officers
71 (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office.
Marginal note:Deputy and Assistant Returning Officers
(2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties.
Marginal note:Absence, etc., of Returning Officer
(3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer.
Marginal note:Absence, etc., of both Returning Officer and Deputy Returning Officer
(4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer.
41 Paragraph 73(c) of the Act is replaced by the following:
(c) is under curatorship under the laws of the Province.
42 Subsection 78(1) of the English version of the Act is replaced by the following:
Marginal note:Contestation of election
78 (1) Any candidate for election as council member or any 15 electors of the band may, within five days of the day of any election held by the band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer a written notice to that effect.
43 Section 80 of the Act is replaced by the following:
Marginal note:Use of Naskapi language
80 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language.
44 Section 81 of the English version of the Act is replaced by the following:
Marginal note:Each elector may vote
81 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum.
45 The heading of Part IV of the English version of the Act is replaced by the following:
Financial Administration
Marginal note:2009, c. 12, s. 10
46 Paragraph 90(2)(c) of the Act is replaced by the following:
(c) send a copy of it to the Minister.
Marginal note:2009, c. 12, s. 11
47 (1) The portion of subsection 91(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Access to books and records
(2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the band, and a person is guilty of an offence who
Marginal note:2009, c. 12, s. 11
(2) Subsection 91(2.1) of the Act is repealed.
Marginal note:2009, c. 12, s. 12
48 Subsections 93(5) and (5.1) of the Act are replaced by the following:
Marginal note:If band fails to act
(5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration.
Marginal note:Notice to the band
(5.1) The Minister shall inform the band in writing of the appointment.
Marginal note:2009, c. 12, s. 13
49 Subsection 94(2) of the Act is replaced by the following:
Marginal note:Where report delayed
(2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band and the Minister of the reasons for the delay.
50 Subsection 97(2) of the Act is replaced by the following:
Marginal note:Long-term borrowing
(2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter.
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