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)
96 Subsection 165(1) of the Act is replaced by the following:
Marginal note:Duties of Commission
165 (1) Subject to subsections (2) and (3), the Commission shall
(a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and
(b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.
97 (1) Paragraph 166(1)(b) of the Act is replaced by the following:
(b) the Naskapi band or each Cree First Nation referred to in the representation;
Marginal note:2009, c. 12, s. 24
(2) Paragraphs 166(1)(d) and (e) of the Act are replaced by the following:
(d) in the case of a representation referred to in paragraph 165(1)(a), the Minister; and
(e) the Cree Nation Government, if it is referred to in the representation.
(3) Subsection 166(3) of the Act is replaced by the following:
Marginal note:Identity of person who made representation
(3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170.
98 Section 171 of the Act is repealed.
99 Section 173 of the Act is replaced by the following:
Marginal note:Application of Part
173 This Part applies only in respect of the succession of a Naskapi beneficiary who dies after the coming into force of this Part and who, at the time of his or her death, was domiciled on Category IA-N land.
Marginal note:2000, c. 12, ss. 90(1) and (2)
100 (1) The definitions consorts and family council in section 174 of the Act are replaced by the following:
- consorts
consorts means two persons
(a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province,
(b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or
(c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; (conjoints)
- family council
family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; (conseil de famille)
(2) Paragraph (b) of the definition child in section 174 of the Act is replaced by the following:
(b) was done in accordance with Naskapi custom; (enfant)
101 Section 175 of the Act is replaced by the following:
Marginal note:Lawful heirs on intestate succession
175 For purposes of intestate succession, a surviving consort and a surviving child are included in the class of lawful heirs of a deceased Naskapi beneficiary.
102 Subsection 176(2) of the Act is replaced by the following:
Marginal note:Wills accepted by Minister
(2) The Minister may accept as a will any written instrument signed by a Naskapi beneficiary, or bearing his or her mark, in which he or she indicates his or her wishes or intention with respect to the disposition of his or her property on his or her death.
103 Subsection 178(1) of the Act is replaced by the following:
Marginal note:Representation of minor heirs
178 (1) Where a Naskapi beneficiary who is a minor under the laws of the Province and ordinarily resident on Category IA-N land, inherits movable or immovable property by virtue of a testamentary or an intestate succession, the parents of that beneficiary are the legal guardians of that property.
104 Sections 179 and 180 of the Act are replaced by the following:
Marginal note:Vacant succession
179 Where a Naskapi beneficiary dies leaving no lawful heirs or where all the heirs renounce the succession, the deceased’s movable and immovable property become the property of the band, unless the band renounces such succession, in which case it shall be dealt with as a vacant succession.
Marginal note:Intestacy
180 On an intestacy of a Naskapi beneficiary, a majority of the lawful heirs may appoint the band to administer or provide for the administration of the succession (except as regards traditional property), in which case the band may charge a fee for its services.
105 Subsection 181(1) of the Act is replaced by the following:
Marginal note:Disposition of traditional property on intestacy
181 (1) Where a Naskapi beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his or her death to decide on the disposition of his or her traditional property.
106 (1) The portion of subsection 182(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Composition of family council
182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons:
(2) Subsection 182(2) of the English version of the Act is replaced by the following:
Marginal note:Where no survivors in immediate family
(2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.
107 Section 183 of the Act is replaced by the following:
Marginal note:Where family council deadlocked
183 Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision.
108 (1) Subsection 184(1) of the Act is replaced by the following:
Marginal note:Circumstances in which band council acts as the family council
184 (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.
(2) The portion of subsection 184(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Idem
(2) Where, on the death of a Naskapi beneficiary,
(3) The portion of subsection 184(2) of the English version of the Act after paragraph (c) is replaced by the following:
the council of the band shall act as the deceased’s family council.
109 Sections 185 and 186 of the English version of the Act are replaced by the following:
Marginal note:Effect of disposition
185 A disposition of any traditional property of a deceased Naskapi beneficiary by the deceased’s family council pursuant to this Part passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient.
Marginal note:Where a recipient renounces traditional property
186 Where any person designated by the family council of a deceased Naskapi beneficiary to receive the deceased’s traditional property pursuant to this Part renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed by the laws of the Province relating to intestate succession.
110 (1) Paragraph 187(1)(a) of the Act is replaced by the following:
(a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act; and
(2) The portion of subsection 187(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Idem
(2) Pour l’application de la présente partie, sont considérés comme situés en permanence sur les terres de catégorie IA-N les biens personnels :
Marginal note:2009, c. 12, s. 90(2)
(3) Paragraphs 187(2)(a) to (c) of the Act are replaced by the following:
(a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament,
(b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or
(c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada
(4) The portion of subsection 187(2) of the English version of the Act after paragraph (c) is replaced by the following:
shall be deemed always to be situated on Category IA-N land.
111 (1) Paragraphs 188(1)(a) and (b) of the Act are replaced by the following:
(a) the interest of an Indian or the band in Category IA-N land; and
(b) the personal property of an Indian or the band situated on Category IA-N land.
(2) Paragraph 188(2)(a) of the Act is replaced by the following:
(a) neither an Indian nor the band is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and
Marginal note:2009, c. 12, s. 26
112 Section 190 of the Act is replaced by the following:
Marginal note:Property exempt from seizure, etc.
190 (1) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to a Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land, and any right or interest of such a person in Category IA-N land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.
Marginal note:Property exempt from seizure, etc.
(2) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to the band is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.
Marginal note:Idem
(3) The right or interest of the band in its Category IA-N land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person.
Marginal note:Idem
(4) A right or interest in Category IA-N land of a person other than a Naskapi beneficiary or the band, or the immovable property of such person situated on Category IA-N land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Naskapi beneficiary or the band, except where the band has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation.
Marginal note:Conditional sales
(5) A person who sells movable property to
(a) a Naskapi beneficiary,
(b) an Indian ordinarily resident on Category IA-N land, or
(c) the band
under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA-N land.
Marginal note:2009, c. 12, s. 27
113 Section 191 of the Act is replaced by the following:
Marginal note:Property deemed situated on Category IA-N land
191 For the purposes of section 190, movable property
(a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased with money appropriated by Parliament,
(b) that is purchased after the coming into force of this Part with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries, or the band, or
(c) that is, after the coming into force of this Part, provided to Naskapi beneficiaries or the band under a treaty or agreement between the band and Canada
shall be deemed always to be situated on Category IA-N land.
114 (1) Subsection 192(1) of the Act is repealed.
(2) The portion of subsection 192(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Property deemed to be property of the Naskapi band
(2) Where the band has the authority to delegate the power to coordinate and administer a program to the Naskapi Development Corporation and has so delegated, movable property that
(3) Paragraph 192(2)(c) of the Act is replaced by the following:
(c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries or the band
(4) The portion of subsection 192(2) of the English version of the Act after paragraph (c) is replaced by the following:
shall, for the purposes of section 190, be deemed always to be the property of the band.
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