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)
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.
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:
(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.
- Date modified: