Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Marginal note:Cession must be approved by referendum

• 144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession.

• Marginal note:Notice of referendum

  (2) At least thirty days prior to the day fixed for a referendum in which a proposed cession is to be voted on, a notice described in subsection (3)

  • (a) must be delivered to all holders of registered rights or interests in or on the land subject to the proposed cession by personal service or by registered mail to the holder’s address that is registered in the land registry office; and

  • (b) must be posted on the band’s Category IA-N land at a public place designated by the band.

• Marginal note:Contents of notice

  (3) The notice referred to in subsection (2) must clearly state that a proposed cession is to be voted on in the referendum, and must clearly set out

  • (a) the time and place of the referendum;

  • (b) a reasonably accurate description of the land subject to the proposed cession; and

  • (c) the principal terms and conditions of the proposed cession.

Marginal note:Rights or interests

• 145 (1) The existence of rights or interests of persons other than the band in or on Category IA-N land, or in a building located thereon, does not in itself bar a cession of that land.

• Marginal note:Effect of cession on certain rights

  (2) Except as provided by any agreement to the contrary between the band and Quebec, all rights and interests in or on Category IA-N land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Quebec, are extinguished as of the effective date of the cession.

• Marginal note:Compensation for extinguished registered rights or interests

  (3) Holders of registered rights or interests in or on Category IA-N land, or in buildings located thereon, whose rights or interests have been extinguished by virtue of subsection (2) are entitled to fair compensation by the band for the value (as of the time of the delivery of the notice pursuant to paragraph 144(2)(a)) of the extinguished right or interest, and the amount of compensation, if not agreed on by the band and the holder of the right or interest, shall be determined in accordance with regulations made under Part XI as if that right or interest had been expropriated by the band.

Marginal note:Documents that the band must submit to Minister

146 Where the band has approved a cession pursuant to section 144, it shall cause to be submitted to the Minister or to such person as is designated by the Minister, within twenty days after the date of the referendum in which the cession was approved or such longer period as may be authorized by the Minister,

• (a) a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein; and

• (b) a document specifically designated as an Instrument of Cession, in prescribed form, executed by at least two council members of the band, describing the cession that was approved in the referendum.

Marginal note:Transfer to Quebec of administration, management and control

147 Where section 146 has been complied with, the Governor in Council shall, by order, transfer to Quebec the administration, management and control of the land described in the Instrument of Cession subject to any terms or conditions set out in the Instrument of Cession.

Marginal note:Effect of cession

148 As of the effective date of a cession, the land ceded ceases to be Category IA-N land.

Marginal note:Land registry system

149 The band shall, within sixty days of the effective date of a cession, deposit the Instrument of Cession in the land registry office referred to in Part X, but non-compliance with this section does not affect the validity or effective date of the cession.

PART XLand Registry System

Marginal note:Enforceability of rights and interests

• 150 (1) A right or an interest in Category IA-N land or in a building situated thereon granted after the coming into force of this Part, other than

  • (a) an authorization from the band referred to in subsection 111(2),

  • (b) a right or interest granted by the band referred to in paragraph 113(4)(b),

  • (c) a right conferred by section 115, and

  • (d) a servitude expropriated by an expropriating authority under Part VII,

  is not enforceable against a third party unless it is registered in accordance with the regulations made under section 151,

• Marginal note:Enforceability of hypothecs

  (2) A hypothec granted after the coming into force of this Part on an interest in Category IA-N land or in a building situated thereon is not enforceable against that interest unless it is registered in accordance with the regulations made under section 151.

Marginal note:Regulations for establishment and maintenance of land registry system

151 The Governor in Council may make regulations for establishing and maintaining a land registry system, under the control and supervision of the Minister, for the registration of rights and interests in Category IA-N land and in buildings situated thereon, and, without restricting the generality of the foregoing, may make regulations respecting

• (a) the establishment and maintenance of land registry offices and their hours of operation;

• (b) the administration of the land registry system, including officers and employees and their powers and duties;

• (c) the procedure for registering rights and interests, including forms and fees;

• (d) the manner and form in which books and records are to be maintained by the land registry offices;

• (e) the effects of registering a right or interest, including priorities;

• (f) the registering of surveys of Category IA-N land;

• (g) the cancellation of instruments registered in the land registry system; and

• (h) the keeping by the land registry offices of non-registrable documents for the purpose of facilitating the management or administration of Category IA-N land or of buildings situated thereon.

Marginal note:Duties of band

• 152 (1) The band shall deposit in the land registry office a copy of

  • (a) every grant by the band made pursuant to section 132,

  • (b) every authorization from the band referred to in subsection 111(2),

  • (c) every grant by the band referred to in paragraph 113(4)(b),

  • (d) every authorization by the band referred to in section 137,

  • (e) every land use plan or resource use plan adopted pursuant to subsection 46(1), and

  • (f) every zoning by-law made under section 47,

  together with evidence of the approval of the electors of the band where such is required by this Act.

• Marginal note:Validity not affected by non-compliance

  (2) Failure of the band to comply with subsection (1) does not affect the validity of the grant, authorization, plan or by-law in question.

• Marginal note:Deposit does not constitute registration

  (3) For greater certainty, the deposit of a document under subsection (1) does not constitute registration of that document.

PART XIExpropriation by Band

Marginal note:Rights and interests that the band may expropriate

153 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for

• (a) a right or interest of Canada or Quebec;

• (b) a right conferred by section 115; and

• (c) a servitude expropriated by an expropriating authority under Part VII.

Marginal note:Acquisition by mutual agreement

154 The right of the band to expropriate pursuant to this Part does not restrict any right that the band has under this Act to acquire, by mutual agreement, rights or interests in land or buildings.

Marginal note:Compensation

155 The band shall, subject to and in accordance with regulations made under section 156, pay compensation to holders of rights or interests expropriated pursuant to this Part.

Marginal note:Regulations

156 The Governor in Council may make regulations respecting substantive or procedural aspects of expropriations permitted by this Part, including, without limiting the generality of the foregoing, regulations respecting

• (a) procedure governing expropriation, including the taking of possession, compulsory taking of possession and transfer of title;

• (b) entitlement to compensation, determination of the amount of compensation and the method for payment of compensation; and

• (c) contestation of

  • (i) the right of the band to expropriate,

  • (ii) the right of the expropriated party to compensation, and

  • (iii) the amount of compensation.

PART XIICree-Naskapi Commission

Marginal note:Interpretation

157 In this Part,

Commission

Commission means the Cree-Naskapi Commission established by section 158; (Commission)

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)

member

member means a member of the Commission; (commissaire)

representation

representation includes a complaint. (Version anglaise seulement)

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.

• Marginal note:Chairman

  (2) The Governor in Council shall designate one member of the Commission as Chairman.