Marginal note:Special provision for Naskapis
107. Notwithstanding 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, the said reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement.
Marginal note:Obstruction and trespass
108. (1) Every person who
(a) unlawfully interferes with a person’s residence or access right under this Part, or
(b) resides on, enters or remains on Category IA or IA-N land otherwise than in accordance with a residence or access right under this Part
is guilty of an offence.
Marginal note:Other remedies preserved
(2) Subsection (1) does not affect any right or remedy that, but for that subsection, would be available in respect of a contravention of section 101.
RIGHTS OF BANDS, QUEBEC AND OTHERS IN RELATION TO CATEGORY IA AND IA-N LAND
Marginal note:Quebec retains bare ownership
109. (1) Quebec retains the bare ownership of Category IA and IA-N land.
Marginal note:Band’s rights re its land and resources
(2) Subject to this Act, a band has the exclusive use and benefit of its Category IA or 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.
Marginal note:Band ownership of soapstone deposits
110. All deposits of
(a) soapstone, and
(b) any other similar material used for traditional arts and crafts of the Crees or Naskapis
on Category IA or IA-N land of a band are the property of the band.
Marginal note:Band’s rights subject to provincial control
111. (1) A band has the exclusive right to the commercial exploitation of forest resources on its Category IA or 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 from the provincial Minister responsible therefor, cutting rights or a licence to cut timber, as required by section 58 (in the case of a Cree band) or section 191-40 (in the case of the Naskapi band) 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 a band to a person for commercial exploitation of forest resources on the band’s Category IA or IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least twenty-five per cent 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 a band may use forest resources on the Category IA or IA-N land of his band for personal or community purposes.
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