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

Marginal note:Band approval for transfer of land originally granted for residential purposes

• 137. (1) Where a right or interest in land was originally granted by a band for residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest on any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently.

• Marginal note:Approval of electors for transfer of land originally granted for non-residential purpose

  (2) Where a right or interest in land was originally granted by a band for non-residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently, with the approval of the electors of the band at a special band meeting or referendum at which the same percentage of electors voted on the matter as would be required if the right or interest being transferred were being granted by the band under paragraph 132(1)(a).

• Marginal note:Approval for deemed transfer of corporation’s right or interest

  (3) Where a transfer of a right or interest of a corporation in Category IA or IA-N land of a band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation.

Marginal note:Consultation requirements before certain projects undertaken

• 138. (1) A Cree band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec, the Cree Regional Authority and the Minister before permitting a person other than

  • (a) a Cree beneficiary,

  • (b) a body composed of a majority of Cree beneficiaries, or

  • (c) a party to the James Bay and Northern Quebec Agreement

  to develop a project of a regional or provincial nature on the band’s Category IA land.

• Marginal note:Idem

  (2) The Naskapi band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than

  • (a) a Naskapi beneficiary,

  • (b) a body composed of a majority of Naskapi beneficiaries, or

  • (c) a party to the Northeastern Quebec Agreement

  to develop a project of a regional or provincial nature on the band’s Category IA-N land.

Marginal note:Land to be allocated for community services

• 139. (1) A band shall allocate land necessary for community services provided by Quebec, its agents or mandataries, such as roads, schools, hospitals, police stations and other similar services.

• Marginal note:Land to be allocated for services or activities

  (1.1) A Cree band shall allocate Category IA land necessary for services provided or activities carried out by the Cree Regional Authority.

• Marginal note:Mode of allocation and fee

  (2) The allocation of land by a band pursuant to subsection (1) or (1.1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.