Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Marginal note:Gravel

112. A band, where it has obtained a permit from the ministre de l’Énergie et des Ressources of Quebec pursuant to section 56 (in the case of a Cree band) or section 191-38 (in the case of the Naskapi band) of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.

Marginal note:Mineral and subsurface rights

• 113. (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA and IA-N land.

• Marginal note:Consent and compensation requirements

  (2) Subject to subsection (3), after November 11, 1975 (in the case of Category IA land) or January 31, 1978 (in the case of Category IA-N land) no mineral right or subsurface right on Category IA or IA-N land of a band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.

• Marginal note:Exception

  (3) A holder of an exploration permit described in section 114 or of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to section 116 and the payment of compensation as set out in that section, explore for and exploit minerals on adjacent Category IA or IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

• Marginal note:Where approval required at band meeting

  (4) The following require approval by the electors of a band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter:

  • (a) the giving by the band of the consent referred to in subsection (2);

  • (b) a grant by the band of a right or interest in its Category IA or IA-N land in connection with the giving of the consent referred to in subsection (2); and

  • (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2).

Marginal note:Société de développement de la Baie James

114. Where an exploration permit was granted by Quebec to the Société de développement de la Baie James prior to November 11, 1975 for land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement, the Société de développement de la Baie James may, in accordance with that exploration permit and subject to subsections 116(1) and (2), use that Category IA land to carry out exploration activities and exploit mineral deposits.

Marginal note:Holders of prior rights or titles to minerals

• 115. (1) A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on November 11, 1975) granted before November 11, 1975 on land surrounded by or adjacent to land that subsequently became Category IA land pursuant to the James Bay and Northern Quebec Agreement may, subject to subsections 116(1) and (2), use that Category IA land to the extent necessary for the exercise of his right or title.

• Marginal note:Idem

  (2) A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his right or title.