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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)

Assented to 2018-03-29

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

Amendments to the Act (continued)

  • 56 (1) The portion of subsection 103(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Right to reside on Category IA-N land

    • 103 (1) The following persons have the right to reside on Category IA-N land of the band:

  • (2) Paragraph 103(1)(a) of the English version of the Act is replaced by the following:

    • (a) a member of the band;

  • (3) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Special categories of persons who may reside on Category IA-N land

      (2) In addition to persons described in subsection (1), the following persons may reside on Category IA-N land of the band:

  • (4) Paragraphs 103(2)(a) and (b) of the English version of the Act are replaced by the following:

    • (a) a person so authorized in writing by the band or by a by-law of the band;

    • (b) a person so authorized by virtue of a grant from the band under Part VIII;

  • (5) Paragraph 103(2)(d) of the English version of the Act is replaced by the following:

    • (d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band.

  • (6) Subsection 103(3) of the Act is replaced by the following:

    • Marginal note:Band’s control over number of outsiders

      (3) The band may prohibit a person described in paragraph (2)(d) from residing on its Category IA-N land where the number of such persons would be such as to significantly alter the demographic composition of the community.

Marginal note:2009, c. 12, s. 15

57 Section 104 of the Act is replaced by the following:

Marginal note:Pre-Agreement residence and occupation rights not affected

104 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

Marginal note:2009, c. 12, s. 16(1)

  • 58 (1) Subsections 105(1) to (3) of the Act are repealed.

  • (2) Paragraph 105(4)(d) of the Act is replaced by the following:

    • (d) a person deemed by paragraph 20.1(a) to be a member of the band.

  • (3) The portion of subsection 105(5) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Special categories of persons who are permitted access to Category IA-N land

      (5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the band to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question:

  • (4) Paragraph 105(5)(b) of the English version of the Act is replaced by the following:

    • (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon;

  • Marginal note:2009, c. 12, s. 16(2)

    (5) Paragraph 105(5)(d) of the Act is replaced by the following:

    • (d) a holder of a mining right or other subsurface right referred to in section 115 or a person exercising a right under subsection 113(3); and

59 Sections 106 and 107 of the Act are replaced by the following:

Marginal note:Public’s access to public facilities

106 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land.

Marginal note:Matimekosh Reserve

107 Despite the Indian Act, a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement.

60 Section 109 of the Act and the heading of Part VI before it are replaced by the following:

Rights of Band, Quebec and Others in Relation to Category IA-N Land

Marginal note:Quebec retains bare ownership

  • 109 (1) Quebec retains the bare ownership of Category IA-N land.

  • Marginal note:Band’s rights — land and resources

    (2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof.

61 Section 110 of the Act is replaced by the following:

Marginal note:Band ownership of soapstone deposits

110 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band.

62 Section 111 of the Act is replaced by the following:

Marginal note:Band’s rights subject to provincial control

  • 111 (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

  • Marginal note:Where approval required at band meeting

    (2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter.

  • Marginal note:Right of member of band

    (3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes.

63 Section 112 of the Act is replaced by the following:

Marginal note:Gravel

112 Where it has obtained a permit pursuant to section 191.38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.

Marginal note:2009, c. 12, s. 17

  • 64 (1) Subsections 113(1) to (3.1) of the Act are replaced by the following:

    Marginal note:Mineral and subsurface rights

    • 113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land.

    • Marginal note:Consent and compensation requirements

      (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.

    • Marginal note:Exception

      (3) A holder of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

  • (2) Paragraph 113(4)(b) of the English version of the Act is replaced by the following:

    • (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and

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