Naskapi and the Cree-Naskapi Commission Act

Marginal note:Waiver of exemption

• 193 (1) A Cree beneficiary, a Naskapi beneficiary or an Indian ordinarily resident on Category IA or IA-N land may, in writing, waive the exemption conferred by subsection 190(1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA or IA-N land, the consent of the band must be obtained to the waiver and the terms and conditions thereof, and the band’s consent must be confirmed by the electors of the band at a special band meeting or referendum.

• Marginal note:Quorum requirements

  (2) For the purposes of determining the quorum requirement respecting the confirmation of the band’s consent referred to in subsection (1), the percentage requirement is the same as if the remaining term of the right or interest in question were being granted by the band under paragraph 132(1)(a).

• Marginal note:Waiver by band

  (3) A band may, in writing, waive the exemption conferred by subsection 190(2) in favour of any person, on such terms and conditions as are agreed to by the parties, subject to the approval of the waiver and the terms and conditions thereof by 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.