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)

Marginal note:2009, c. 12, ss. 18 and 19

65 Sections 114 and 115 of the Act are replaced by the following:

Marginal note:2009, c. 12, s. 20

• 66 (1) Subsections 116(1) to (2) of the Act are replaced by the following:

  Marginal note:Manner in which rights must be exercised

  • 116 (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

• (2) Subsection 116(3) of the Act is replaced by the following:

  • Marginal note:Manner in which rights must be exercised

    (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

• (3) The portion of subsection 116(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Compensation to band

    (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band

• (4) Subsection 116(5) of the Act is replaced by the following:

  • Marginal note:Procedure re replacement land

    (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

67 The heading before section 117 of the Act is replaced by the following:

Marginal note:2009, c. 12, s. 21(1)

• 68 (1) Subsections 117(1) and (1.1) of the Act are repealed.

• Marginal note:2009, c. 12, s. 21(2)

  (2) Subsections 117(3) to (4) of the Act are replaced by the following:

  • Marginal note:Previously held rights and interests

    (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

    • (a) in Category IA-N land,

    • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) in a building situated on land described in paragraph (a) or (b),

    the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

• Marginal note:2009, c. 12, ss. 21(3) and (4)

  (3) Subsections 117(5) to (7) of the Act are replaced by the following:

  • Marginal note:Previous possession or occupation

    (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

    • (a) Category IA-N land,

    • (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

    but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

  • Marginal note:Certain restrictions applicable

    (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6).

69 Subsection 119(1) of the Act is replaced by the following:

• 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:

72 Section 123 of the Act is replaced by the following:

• 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.