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

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.

Marginal note:Valid forms of wills

• 176 (1) The following constitute valid wills:

  • (a) an instrument that is a valid will under the laws of the Province; and

  • (b) an instrument accepted by the Minister as a will pursuant to subsection (2).

• 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.

Marginal note:Article 599a of Civil Code not applicable

177 Deeds relating to the acceptance, renunciation or settlement of

• (a) a succession composed wholly or partly of movable, immovable or traditional property located on Category IA-N land, or

• (b) a succession in which persons suffering legal incapacity are interested

are not required to be made in authentic form as required by Article 599a of the Civil Code of Lower Canada, but must be in the form prescribed under this Act.

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.

• Marginal note:Legal guardians

  (2) Legal guardians by virtue of subsection (1) shall act jointly, except where one of them is deceased or under a legal incapacity or fails for any reason to act within a reasonable time, in which case the other may act alone.

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.

Disposition of Traditional Property on an Intestacy

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.

• Marginal note:Powers of family council

  (2) The family council referred to in subsection (1) may dispose of the deceased’s traditional property in accordance with its decision, and may appoint a willing individual to administer the deceased’s estate accordingly.

Marginal note:Composition of family council

• 182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons:

  • (a) his surviving consort, if any;

  • (b) any surviving children of the age of majority and the legal representatives of any surviving minor children; and

  • (c) any surviving parent.

• Marginal note:Where no survivors in immediate family

  (2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.

Marginal note:Where family council deadlocked

183 Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision.

Marginal note:Circumstances in which band council acts as the family council

• 184 (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.

• Marginal note:Idem

  (2) Where, on the death of a Naskapi beneficiary,

  • (a) the deceased leaves no surviving relatives,

  • (b) for any reason a family council cannot be formed, or

  • (c) the family council has not met within one year after the deceased’s death,

  the council of the band shall act as the deceased’s family council.

Marginal note:Effect of disposition

185 A disposition of any traditional property of a deceased Naskapi beneficiary by the deceased’s family council pursuant to this Part passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient.

Marginal note:Where a recipient renounces traditional property

186 Where any person designated by the family council of a deceased Naskapi beneficiary to receive the deceased’s traditional property pursuant to this Part renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed by the laws of the Province relating to intestate succession.

PART XIVTax Exemptions

Marginal note:Interpretation

• 187 (1) In this Part, Indian means

  • (a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act; and

  • (b) in section 188, an Indian as defined in the Indian Act.

• Marginal note:Idem

  (2) For the purposes of this Part, personal property

  • (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament,

  • (b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or

  • (c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada

  shall be deemed always to be situated on Category IA-N land.

Marginal note:Property exempt from taxation

• 188 (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any by-laws of the band made pursuant to paragraph 45(1)(h), the following property is exempt from taxation:

  • (a) the interest of an Indian or the band in Category IA-N land; and

  • (b) the personal property of an Indian or the band situated on Category IA-N land.

• Marginal note:Ownership, occupation, etc., of exempt property

  (2) Notwithstanding any other Act of Parliament or of the legislature of any province,

  • (a) neither an Indian nor the band is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and

  • (b) no succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property or the succession thereto if the property passes to an Indian.

PART XVSeizure Exemptions

Marginal note:Interpretation

189 In this Part, “Indian” means an Indian as defined in the Indian Act.

Marginal note:Property exempt from seizure, etc.

• 190 (1) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to a Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land, and any right or interest of such a person in Category IA-N land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.

• Marginal note:Property exempt from seizure, etc.

  (2) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to the band is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land.

• Marginal note:Idem

  (3) The right or interest of the band in its Category IA-N land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person.

• Marginal note:Idem

  (4) A right or interest in Category IA-N land of a person other than a Naskapi beneficiary or the band, or the immovable property of such person situated on Category IA-N land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Naskapi beneficiary or the band, except where the band has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation.

• Marginal note:Conditional sales

  (5) A person who sells movable property to

  • (a) a Naskapi beneficiary,

  • (b) an Indian ordinarily resident on Category IA-N land, or

  • (c) the band

  under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA-N land.