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)
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: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.
51 Section 98 of the Act is replaced by the following:
Marginal note:Regulations re long-term borrowing
98 The Governor in Council may make regulations respecting long-term borrowing by the band.
52 Section 99 of the Act is replaced by the following:
Marginal note:By-laws re contracts and tenders
99 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement.
Marginal note:2009, c. 12, s. 14(1)
53 (1) Subsection 100(1) of the Act is replaced by the following:
Marginal note:When administrator may be appointed
100 (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection 91(2), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of the band are in serious disorder, the Minister may give written notice to the band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing.
Marginal note:2009, c. 12, s. 14(2)
(2) Subsection 100(3) of the Act is replaced by the following:
Marginal note:Appointment of administrator
(3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band.
54 The heading of Part V of the Act is replaced by the following:
Residence and Access Rights on Category IA-N Land
55 Subsection 102(2) of the Act is replaced by the following:
Marginal note:By-laws respecting the exercise of residence and access rights
(2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)(a) or an authorization of access under paragraph 105(5)(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right.
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