Language selection

Government of Canada

Search

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)

 Subsection 193(1) of the Act is replaced by the following:

Marginal note:Waiver of exemption

  • 193 (1) A Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land may, in writing, waive the exemption conferred by subsection 190(1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA-N land, the consent of the band must be obtained to the waiver and the terms and conditions thereof, and the band’s consent must be confirmed by the electors of the band at a special band meeting or referendum.

Marginal note:2009, c. 12, s. 28

 Section 194 of the Act is repealed.

  •  (1) The portion of subsection 196(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Agreements for policing services

    • 196 (1) The band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with

  • (2) Paragraph 196(1)(b) of the Act is replaced by the following:

    • (b) the Cree Nation Government,

  • (3) Subsection 196(1) of the Act is amended by adding “or” after paragraph (c) and by repealing paragraph 196(1)(d).

  • (4) The portion of subsection 196(1) of the English version of the Act after paragraph (e) is replaced by the following:

    for the provision of policing services on its Category IA-N land.

  • Marginal note:2009, c. 12, s. 29

    (5) Subsection 196(1.1) of the Act is repealed.

Marginal note:2009, c. 12, s. 30

 Section 197 of the Act is replaced by the following:

Marginal note:Offences under Act

197 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2), section 95, subsection 100(4) or section 108 is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both.

Marginal note:2009, c. 12, s. 31

 Subsection 199(2) of the Act is replaced by the following:

  • Marginal note:By-law may fix maximum punishment

    (2) A by-law made under this Act may stipulate a maximum fine or a maximum term of imprisonment, or both, for contravention of the by-law, but the maximum fine or maximum term of imprisonment may not exceed $5,000 or six months, respectively.

 The Act is amended by adding the following after section 199:

Marginal note:Alternative procedure — ticketing scheme

199.1 In addition to the summary conviction procedures of Part XXVII of the Criminal Code, a proceeding in respect of a contravention indicated in the by-laws made under section 48.1 of this Act may be commenced in accordance with the ticketing scheme established by those by-laws.

  •  (1) The portion of subsection 200(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Jurisdiction of justices of the peace

    • 200 (1) In addition to the courts and persons having jurisdiction in respect of the offences listed in paragraphs (a) and (b), justices of the peace appointed pursuant to section 12.4.1 of the Northeastern Quebec Agreement have jurisdiction in respect of

  • (2) Paragraph 200(1)(b) of the Act is replaced by the following:

    • (b) offences under the following provisions of the Criminal Code: section 266 (assault), section 445 (injuring or endangering animals) and section 445.1 (cruelty to animals).

  • (3) Subsection 200(2) of the Act is replaced by the following:

    • Marginal note:Summary conviction court

      (2) For the purpose of exercising their jurisdiction in respect of offences listed in paragraphs (1)(a) and (b), the justices of the peace referred to in subsection (1) are a summary conviction court within the meaning of Part XXVII of the Criminal Code.

Terminology

Marginal note:Replacement of “a band” with “the band”

 The English version of the Act is amended by replacing “a band” with “the band” in the following provisions:

  • (a) the definitions councillor and referendum in subsection 2(1);

  • (b) section 9;

  • (c) the portion of subsection 22(2) before paragraph (a) and subsection (3);

  • (d) subsection 23(3);

  • (e) sections 25 and 26;

  • (f) section 39;

  • (g) the portion of subsection 40(1) before paragraph (a);

  • (h) the portion of subsection 41(1) before paragraph (a) and subsection (3);

  • (i) subsection 44(1);

  • (j) the portion of subsection 45(2) before paragraph (a), the portion of subsection (4) before paragraph (a) and subsection (6);

  • (k) the portion of subsection 47(1) before paragraph (a);

  • (l) the portion of subsection 48(1) before paragraph (a);

  • (m) the portion of subsection 50(2) before paragraph (a);

  • (n) subsection 51(1);

  • (o) subsection 52(2);

  • (p) section 54;

  • (q) subsection 55(1);

  • (r) section 64;

  • (s) subsections 74(1) and (2);

  • (t) subsection 75(1);

  • (u) subsection 76(1);

  • (v) subsections 77(1) and (2);

  • (w) subsections 82(1) and (2);

  • (x) the portion of subsection 83(1) before paragraph (a);

  • (y) section 84;

  • (z) subsections 86(1), (2) and (4);

  • (z.1) subsection 89(1) and the portion of subsection (2) before paragraph (a);

  • (z.2) subsection 90(1), the portion of subsection (2) before paragraph (a) and subsections (3) to (6);

  • (z.3) the portion of subsection 91(1) before paragraph (a);

  • (z.4) the portion of section 92 before paragraph (a);

  • (z.5) the portion of subsection 93(1) before paragraph (a);

  • (z.6) subsections 94(3) and (4);

  • (z.7) subsection 96(1);

  • (z.8) the portion of subsection 97(1) before paragraph (a) and subsection (3);

  • (z.9) subsection 100(2);

  • (z.10) the portion of subsection 113(4) before paragraph (a);

  • (z.11) subsections 122(1) to (4);

  • (z.12) paragraphs 124(1)(a) and (b);

  • (z.13) the portion of subection 132(1) before paragraph (a);

  • (z.14) subsections 136(5) and (7) to (9);

  • (z.15) subsections 137(1) and (2);

  • (z.16) subsection 139(1);

  • (z.17) subsection 142(1);

  • (z.18) the portion of section 146 before paragraph (a);

  • (z.19) section 149;

  • (z.20) paragraphs 150(1)(a) and (b);

  • (z.21) the portion of subsection 152(1) before paragraph (a) and subsection (2);

  • (z.22) sections 154 and 155;

  • (z.23) subparagraph 156(c)(i);

  • (z.24) the portion of subsection 188(1) before paragraph (a);

  • (z.25) subsection 193(3);

  • (z.26) subsection 202(1); and

  • (z.27) subsections 203(1) and (2).

Marginal note:Replacement of “IA or IA-N” with “IA-N”

 The Act is amended by replacing “IA or IA-N” with “IA-N” in the following provisions:

  • (a) subparagraph 22(2)(a)(i);

  • (b) subparagraph 45(1)(h)(i);

  • (c) paragraph 47(1)(a);

  • (d) section 101;

  • (e) paragraph 108(1)(b);

  • (f) the heading of Part VII;

  • (g) subsection 121(2);

  • (h) subparagraphs 129(c)(i) and (d)(i);

  • (i) subsection 130(2);

  • (j) section 131;

  • (k) paragraphs 132(1)(a) and (b);

  • (l) the portion of subsection 135(2) before paragraph (a);

  • (m) section 140;

  • (n) subsections 145(1) to (3);

  • (o) section 148;

  • (p) the portion of subsection 150(1) before paragraph (a) and subsection (2);

  • (q) paragraphs 151(f) and (h);

  • (r) paragraph 177(a); and

  • (s) subsection 196(2).

PART 3Transitional Provisions, Related and Consequential Amendments and Coordinating Amendments

Transitional Provisions

Marginal note:Cree-Naskapi Commission’s report to Parliament

  •  (1) The Cree-Naskapi Commission may prepare and submit to the Minister of Indian Affairs and Northern Development a last report in English, French, Cree and Naskapi, for the period beginning on the day that follows the end of the period for which the 2016 Report of the Cree-Naskapi Commission was completed and ending on the day on which section 98 comes into force, on the implementation of the Cree-Naskapi (of Quebec) Act, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the day on which the Minister receives it.

  • Marginal note:Circulation of report

    (2) As soon as feasable after the report is laid before each House of Parliament, the Minister shall send a copy of the report to the Cree Nation Government, the Naskapi Development Corporation, the council of each Cree First Nation and the council of the Naskapi band.

  • Marginal note:Definitions

    (3) The following definitions apply in this section.

    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)

    Cree-Naskapi Commission

    Cree-Naskapi Commission means the Commission established by section 158 of the Naskapi and the Cree-Naskapi Commission Act. (Commission crie-naskapie)

    Cree Nation Government

    Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act. (Gouvernement de la nation crie)

    Naskapi band

    Naskapi band has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (bande naskapie)

    Naskapi Development Corporation

    Naskapi Development Corporation has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (Société de développement des Naskapis)

2000, c. 12Related Amendment to the Modernization of Benefits and Obligations Act

 Sections 89 and 90 of the Modernization of Benefits and Obligations Act are repealed.

Consequential Amendments

R.S.C., c. 1970, c. V-4Veterans’ Land Act

 Subsection 46(4) of the Veterans’ Land Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:

  • (b) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; or

  • (b.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act.

R.S., c. A-1Access to Information Act

 Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (f):

  • (f.1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;

R.S., c. E-21Expropriation Act

 Subsection 4(2) of the Expropriation Act is replaced by the following:

  • Marginal note:Exception

    (2) No interest in land that is Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, may be expropriated under this Part without the consent of the Governor in Council.

  • Marginal note:Exception

    (2.1) No interest in land that is Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, may be expropriated under this Part without the consent of the Governor in Council.

R.S., c. L-6Canada Lands Surveys Act

 Subparagraph 24(1)(a)(ii) of the Canada Lands Surveys Act is replaced by the following:

  • (ii) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act,

  • (ii.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act,

R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act

 Paragraph (c) of the definition taxing authority in subsection 2(1) of the Payments in Lieu of Taxes Act is replaced by the following:

  • (c) the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, if it levies and collects a tax on interests in Category IA-N land as defined in that subsection,

  • (c.1) any Cree First Nation, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act that levies and collects a tax on interests in Category IA land, as defined in that subsection,

 

Page Details

Date modified: