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)
Full Document:
- HTMLFull Document: 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 (Accessibility Buttons available) |
- PDFFull Document: 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 [741 KB]
Assented to 2018-03-29
PART 21984, c. 18Cree-Naskapi (of Quebec) Act (continued)
Amendments to the Act (continued)
69 Subsection 119(1) of the Act is replaced by the following:
Marginal note:Expropriations
119 (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part.
70 (1) The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Expropriation for public services or structures
120 (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:
(2) The portion of paragraph 120(2)(a) of the French version of the Act before subparagraph (i) is replaced by the following:
a) l’autorité n’a pas réussi, malgré des efforts sérieux, à obtenir, pour un coût inférieur ou sensiblement équivalent à celui de l’implantation de l’ouvrage sur des terres de catégorie IA-N, que celui-ci soit implanté :
(3) Paragraph 120(2)(a) of the Act is amended by adding “or” at the end of subparagraph 120(2)(a)(i) and by repealing subparagraph (ii).
(4) The portion of paragraph 120(2)(a) of the English version of the Act after subparagraph (iii) is replaced by the following:
and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and
(5) Paragraph 120(2)(b) of the Act is replaced by the following:
(b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land.
71 Subsection 122(5) of the Act is replaced by the following:
Marginal note:Compensation in money
(5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).
72 Section 123 of the Act is replaced by the following:
Marginal note:Where no compensation payable
123 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.
73 (1) Subsection 124(2) of the Act is replaced by the following:
Marginal note:Statement on expropriation notice
(2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.
(2) Subsection 124(3) of the English version of the Act is replaced by the following:
Marginal note:Idem
(3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.
(3) Subsection 124(4) of the Act is replaced by the following:
Marginal note:Disputes referrable to Administrative Tribunal of Quebec
(4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration.
(4) Subsection 124(6) of the Act is replaced by the following:
Marginal note:Factors to be considered
(6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band.
74 (1) The portion of subsection 125(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Rules governing compensation wholly or partly in land
125 (1) Where the band is entitled to be compensated with land under paragraph 116(4)(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:
(2) Subparagraphs 125(1)(b)(i) and (ii) of the Act are replaced by the following:
(i) is Category III land,
(ii) is adjacent to Category IA-N land of the band, and
(3) Paragraph 125(1)(d) of the Act is replaced by the following:
(d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and
(4) Subsection 125(2) of the Act is repealed.
75 Sections 126 and 127 of the Act are replaced by the following:
Marginal note:Reclassification of expropriated land that is no longer required
126 Where
(a) the band has been compensated with replacement land pursuant to paragraph 116(4)(a) or subsection 122(2) or (4), or
(b) no compensation was paid to the band pursuant to section 123,
and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification.
Marginal note:Determination of amount of money compensation referrable to Administrative Tribunal of Quebec
127 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration.
76 The portion of section 129 of the Act before paragraph (a) is replaced by the following:
Marginal note:When expropriated land ceases to be Category IA-N land
129 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land
77 The heading of Part VIII of the Act is replaced by the following:
Dispositions of Rights and Interests in Category IA-N Land and Buildings
78 The portion of subsection 135(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Commercial fisheries and outfitting operations
135 (1) A grant by the band relating to its Category IA-N land does not permit the grantee to use that land for
79 Subsection 137(3) of the English version of the Act is replaced by the following:
Marginal note:Approval for deemed transfer of corporation’s right or interest
(3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation.
Marginal note:2009, c. 12, s. 22
80 Section 138 of the Act is replaced by the following:
Marginal note:Consultation requirements before certain projects undertaken
138 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project of a regional or provincial nature on the band’s Category IA-N land.
Marginal note:2009, c. 12, s. 23
81 Subsections 139(1.1) and (2) of the Act are replaced by the following:
Marginal note:Mode of allocation and fee
(2) The allocation of land by the band pursuant to subsection (1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.
82 The heading of Part IX of the English version of the Act is replaced by the following:
Cessions by Band
83 (1) The definition cession in subsection 141(1) of the Act is replaced by the following:
- cession
cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon)
(2) Subsection 141(2) of the Act is replaced by the following:
Marginal note:Granting of rights or interests under other Parts of Act
(2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.
84 (1) Subsection 144(1) of the Act is replaced by the following:
Marginal note:Cession must be approved by referendum
144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.
(2) Paragraph 144(2)(b) of the Act is replaced by the following:
(b) must be posted on the band’s Category IA-N land at a public place designated by the band.
85 Paragraph 150(1)(c) of the Act is replaced by the following:
(c) a right conferred by section 115, and
86 The portion of section 151 of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations for establishment and maintenance of land registry system
151 The Governor in Council may make regulations for establishing and maintaining a land registry system, under the control and supervision of the Minister, for the registration of rights and interests in Category IA-N land and in buildings situated thereon, and, without restricting the generality of the foregoing, may make regulations respecting
87 The heading of Part XI of the English version of the Act is replaced by the following:
Expropriation by Band
88 (1) The portion of section 153 of the Act before paragraph (a) is replaced by the following:
Marginal note:Rights and interests that the band may expropriate
153 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for
(2) Paragraph 153(b) of the Act is replaced by the following:
(b) a right conferred by section 115; and
89 The heading of Part XII of the French version of the Act is replaced by the following:
Commission crie-naskapie
90 Section 157 of the Act is amended by adding the following in alphabetical order:
- Cree First Nation
Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (première nation crie)
91 Subsection 158(1) of the Act is replaced by the following:
Marginal note:Cree-Naskapi Commission established
158 (1) There shall be a commission, to be known as the Cree-Naskapi Commission, consisting of a maximum of three individuals appointed by the Governor in Council on the recommendation of the Cree Nation Government and the Naskapi band.
92 Section 159 of the Act is replaced by the following:
Marginal note:Eligibility
159 A council member, officer, employee or agent of a Cree First Nation or the Naskapi band is not eligible to be appointed or to continue to serve as a member of the Commission.
93 Subsection 160(5) of the Act is replaced by the following:
Marginal note:Temporary substitute member
(5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Nation Government and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council.
94 Section 161 of the Act is replaced by the following:
Marginal note:Head office
161 The head office of the Commission shall be in the City of Val d’Or, Quebec or at such other place as the Governor in Council, on the recommendation of the Cree Nation Government and the Naskapi band, may designate.
95 Section 164 of the Act is replaced by the following:
Marginal note:Commission may delegate its powers
164 The Commission may, by unanimous decision of its members, delegate its powers or duties, except the power referred to in subsection 163(3), to one or more of its members.
Page Details
- Date modified: