Naskapi and the Cree-Naskapi Commission Act

Contents

Whereas the Government of Canada is obligated, pursuant to section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Naskapi local government, for the administration, management and control of Category IA-N land by the Naskapi band, and for the protection of certain individual and collective rights under the said agreement;And whereas this Act is not intended to preclude the Naskapi from benefitting from future legislative or other measures respecting Indian government in Canada that are not incompatible with the said agreement;NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1Short title#

This Act may be cited as the Naskapi and the Cree-Naskapi Commission Act.^note

Interpretation

2Definitions#

(1)In this Act,

Agreements [Repealed, 2018, c. 4, s. 5]

band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14; (bande ou bande naskapie)

building includes a permanent structure of any kind and also includes a mobile home; (bâtiment)

Canada means Her Majesty in right of Canada; (Canada)

Category IA land [Repealed, 2018, c. 4, s. 5]

Category IA-N land means

(a)until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4.4 and 5 of the Northeastern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 394-81 of February 12, 1981, pursuant to sections 191.3 and 191.5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) for the exclusive use and benefit of the Indian Act Naskapis de Schefferville band, and accepted by Canada by Canada Order in Council P.C. 1981-809 of March 26, 1981,

(b)after the transfer to Canada by Quebec by final deed for the exclusive use and benefit of the Naskapi band pursuant to sections 4.4 and 5 of the Northeastern Quebec Agreement and section 191.6 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed,

(c)any land set aside as Category IA-N land pursuant to paragraph 125(1)(d) of this Act for the exclusive use and benefit of the Naskapi band, and

(d)any other land set aside by the Governor in Council as Category IA-N land for the exclusive use and benefit of the Naskapi band; (terre de catégorie IA-N)

Category II land [Repealed, 2018, c. 4, s. 5]

Category II-N land means the land established and allocated as Category II-N land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie II-N)

Category III land means the land established as Category III land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie III)

chief means the person holding the office of chief of the band pursuant to Part II; (chef)

council means the continuing body of persons described in section 25; (conseil)

councillor means a person holding office as councillor of the band pursuant to Part II; (conseiller)

council member means the chief or a councillor of the band; (membre du conseil)

Cree band [Repealed, 2018, c. 4, s. 5]

Cree beneficiary [Repealed, 2018, c. 4, s. 5]

Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (Gouvernement de la nation crie)

Cree Regional Authority [Repealed, 2018, c. 4, s. 5]

elector means a member of the band who is 18 years of age or over and not under curatorship under the laws of the Province; (électeur)

Inuk of Fort George or Inuit of Fort George [Repealed, 2018, c. 4, s. 5]

James Bay and Northern Quebec Agreement [Repealed, 2018, c. 4, s. 5]

Matimekosh Reserve means the area of land described in Quebec Order in Council No. 2718 of August 21, 1968; (réserve Matimekosh)

member means a member of the band as provided in section 20; (membre)

Minister means the Minister of Crown-Indigenous Relations; (ministre)

Naskapi band [Repealed, 2018, c. 4, s. 5]

Naskapi beneficiary means a person who is enrolled or entitled to be enrolled as a Naskapi beneficiary pursuant to section 3 of the Northeastern Quebec Agreement; (bénéficiaire naskapi)

Naskapi Development Corporation means the Naskapi Development Corporation established by the Act respecting the Naskapi Development Corporation (Quebec); (Société de développement des Naskapis)

Northeastern Quebec Agreement means the agreement between the Indian Act Naskapis de Schefferville band, the Government of Quebec, La Société d’énergie de la Baie James, La Société de développement de la Baie James, La Commission hydroélectrique de Québec, the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association and the Government of Canada, dated January 31, 1978 and referred to in Canada Order in Council P.C. 1978-502 of February 23, 1978, as amended by

(a)any agreement not described in paragraph (b) made in accordance with the applicable amending provisions of the Northeastern Quebec Agreement, and

(b)any other agreement, whether made before or after the coming into force of this section, referred to in section 3 of An Act approving the Northeastern Quebec Agreement (Quebec); (Convention du Nord-Est québécois)

ordinary band meeting means any band meeting other than a special band meeting; (Version anglaise seulement)

Oujé-Bougoumou Band Complementary Agreement [Repealed, 2018, c. 4, s. 5]

prescribed means prescribed by regulation; (Version anglaise seulement)

Province means the Province of Quebec; (province)

Quebec means Her Majesty in right of Quebec; (Québec)

referendum means a referendum of the band referred to in sections 83 to 88; (référendum)

special band meeting means a band meeting referred to in sections 83 to 88. (assemblée extraordinaire)

(2)A reference in this Act to Indian Act band is a reference to band within the meaning of the Indian Act.

(3)The reference to “natural resources” in certain provisions of this Act is for emphasis only and shall not be construed as affecting in any way the meaning of the word “land” as including natural resources in those provisions or in any other provision of this Act or the regulations.

(4)Unless otherwise indicated in this Act, a reference to an Act of the legislature of Quebec or to a provision thereof is a reference to that Act or provision as amended from time to time.

Inconsistency with Federal or Provincial Law

3Federal Acts#

(1)Subject to subsection (2), where there is any inconsistency or conflict between the provisions of this Act and any other Act of Parliament, this Act shall prevail to the extent of the inconsistency or conflict.

(2)Where there is any inconsistency or conflict between the provisions of this Act and the James Bay and Northern Quebec Native Claims Settlement Act, the James Bay and Northern Quebec Native Claims Settlement Act shall prevail to the extent of the inconsistency or conflict.

4Provincial laws of general application#

Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provision for a matter that is provided for by this Act.

Application of Indian Act

5Application of Indian Act#

Except for the purpose of determining which of the Naskapi beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to the band, nor does it apply on or in respect of Category IA-N land.^note

Band By-laws and Resolutions

6Territorial limits of band by-laws#

A by-law of the band made under this Act may have application within the following territorial limits:

(a)the band’s Category IA-N land; and

(b)Category III land situated within the perimeter of the band’s Category IA-N land and the ownership of which was ceded by letters patent or by any other method prior to January 31, 1978.

^note

7By-law may require licence or permit#

A by-law of the band made under this Act may require the holding of a licence or permit and may provide for the issuance thereof and the fees therefor.^note

8By-law may prohibit activities#

A by-law of the band made under this Act may prohibit an activity.^note

9Statutory Instruments Act not to apply#

The Statutory Instruments Act does not apply to a by-law or resolution of the band made under this Act.^note

9.1 #

[Repealed, 2018, c. 4, s. 9] (repealed)

9.2 #

[Repealed, 2018, c. 4, s. 9] (repealed)

9.3 #

[Repealed, 2018, c. 4, s. 9] (repealed)

Regulations

10Regulations#

The Governor in Council may make regulations

(a)prescribing anything that by this Act is to be prescribed; and

(b)generally for carrying out the purposes and provisions of this Act.

Incorporation by Reference of Provincial Laws

11Incorporation by reference of provincial laws#

(1)For the purpose of applying the portion of paragraph 5.1.13 of the Northeastern Quebec Agreement dealing with the leasing of lands and the granting of real rights to non-Natives, the Governor in Council may make regulations for the purpose of making provincial law in force in the Province applicable to leasehold interests or other real rights in Category IA-N land granted to non-beneficiaries for periods exceeding five years, including any renewal thereof.

(2)For the purposes of subsection (1), a non-beneficiary is a person who is not

(a)a Naskapi beneficiary;

(b)a corporation or other body established pursuant to the Northeastern Quebec Agreement;

(c)a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or

(d)a corporation or other body in which Naskapi beneficiaries participate, as shareholders or members or otherwise, and that is prescribed.

^note

Part I · Local Government

Band Name

12 #

[Repealed, 2018, c. 4, s. 12] (repealed)

12.1 #

[Repealed, 2018, c. 4, s. 12] (repealed)

13 #

[Repealed, 2018, c. 4, s. 12] (repealed)

13.1 #

[Repealed, 2018, c. 4, s. 12] (repealed)

14Naskapi Nation of Kawawachikamach#

(1)The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16:

(a)Naskapi Nation of Kawawachikamach, in English;

(b)Nation naskapie de Kawawachikamach, in French; and

(c)Naskapi Eeyouch Kawawachikamach, in Naskapi.

(2)The band may be designated by any of its names mentioned in paragraphs (1)(a) to (c).

^note

15 #

[Repealed, 2018, c. 4, s. 12] (repealed)

16Change of band name#

(1)The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council.

(2)A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law.

^note

Membership of Band

17 #

[Repealed, 2018, c. 4, s. 14] (repealed)

18 #

[Repealed, 2018, c. 4, s. 14] (repealed)

19 #

[Repealed, 2018, c. 4, s. 14] (repealed)

20Membership of band#

The members of the band are the Naskapi beneficiaries.^note

20.1Special provision for Indians who are not Naskapi beneficiaries#

A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary

(a)shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1);

(b)shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and

(c)shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX.

^note

Objects and Powers of Band

21Objects of band#

The objects of the band are

(a)to act as the local government authority on its Category IA-N land;

(b)to use, manage, administer and regulate its Category IA-N land and the natural resources thereof;

(c)to control the disposition of rights and interests in its Category IA-N land and in the natural resources thereof;

(d)to regulate the use of buildings on its Category IA-N land;

(e)to use, manage and administer its moneys and other assets;

(f)to promote the general welfare of the members of the band;

(g)to promote and carry out community development and charitable works in the community;

(h)to establish and administer services, programs and projects for members of the band and other residents of Category IA-N land and residents of the Category III land referred to in paragraph 6(b);

(i)to promote and preserve the culture, values and traditions of the Naskapi; and

(j)to exercise the powers and carry out the duties conferred or imposed on the band or on its predecessor Indian Act band by any Act of Parliament or regulations made thereunder, and by the Northeastern Quebec Agreement.

^note

22Legal capacity of bands#

(1)The band has, subject to this Act and the regulations, the capacity, rights, powers and privileges of a natural person.

(2)The band shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to

(a)the management or administration of

(i)its Category IA-N land or the natural resources thereof, or

(ii)its buildings or other immovable assets on its Category IA-N land; or

(b)the provision of public services to or in respect of its Category IA-N land or residents thereof.

(3)Notwithstanding subsection (2), the band may own shares in corporations that carry on commercial activities.

^note

23Band may not be continued under Canada Business Corporations Act#

(1)Section 268 of the Canada Business Corporations Act does not apply to the band.

(2)The Canada Not-for-profit Corporations Act does not apply to the band.

(3)Where provisions of an Act of Parliament specifically applicable to corporations, other than the Acts mentioned in subsections (1) and (2), would apply to the band, the Governor in Council may by order declare that such Act or any provision thereof does not apply to the band.

^note

Head Office of Band

24Head office of band#

The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band.^note

Band Council

25Band council#

The council of the band is a continuing body consisting of the council members holding office pursuant to Part II.^note

26Band acts through its council#

The band shall act through its council in exercising its powers and carrying out its duties under this Act.^note

27Resolutions and by-laws#

The council shall act by resolution, except where required to act by by-law.^note

28Chief#

The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band.^note

29Deputy chief#

(1)One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a).

(2)The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief.

^note

Council Meetings

30Council meetings#

By-laws may be enacted or resolutions adopted only at council meetings.

31Use of Naskapi language at council meetings#

In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language.^note

32Language of by-laws and resolutions#

(1)A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language.

(2)Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative.

^note

33Quorum of council#

(1)Except as provided in subsection (2), a quorum of the council consists of a majority of the number of positions of council member, subject to subsection 38(5).

(2)Where, at any time, vacancies on the council result in there being in office fewer council members than constitute a quorum under subsection (1), the council members remaining in office constitute a quorum, subject to subsection 38(5), for the limited purpose of enabling the council to act in a care-taker capacity until such time as enough vacancies on the council have been filled pursuant to Part II to restore the quorum referred to in subsection (1).

(3)Nothing in this section shall be construed to relieve the band of its obligation to call elections as required by subsections 76(1) and (2).

(4)Notwithstanding the length of the term of office of council members fixed pursuant to section 64 or 65 and notwithstanding the band’s obligation under subsection 76(1), where a general election of the band is called, the council of the band in office immediately before the calling of that general election continues in office until the date fixed for that general election.

^note

34Chairmanship of meeting#

(1)The chief or, in his absence, the deputy chief shall act as chairman at council meetings.

(2)In the event that both the chief and deputy chief are unable to act as chairman at a council meeting, the council shall designate another councillor to so act.

35Voting#

(1)The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5).

(2)For the purposes of subsection (1), in any vote, where a council member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative.

(3)In the event of a tied vote, the chairman may, except where disqualified from voting under section 38, cast a second vote to determine the question.

^note

36 #

[Repealed, 2018, c. 4, s. 26] (repealed)

37When council must meet#

(1)The council shall meet at least once in every calendar quarter.

(2)Subject to subsection (3), council meetings shall be open to the public.

(3)The chairman of a council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting.

^note

38Conflict of interest#

(1)A council member shall disclose to the council any pecuniary interest that he has in any matter before the council and shall not take part in deliberations of the council on that matter or vote on that matter.

(2)Where a disagreement arises as to whether a council member has a pecuniary interest in a matter before the council, the council shall decide by vote whether the council member has such an interest, and the council member in question may not take part in that vote.

(3)Where the council decides pursuant to subsection (2) that a council member has a pecuniary interest in a matter before the council, the council member in question shall not take part in deliberations of the council on that matter or vote on that matter.

(4)Where, pursuant to this section, the chairman is prohibited from taking part in deliberations and from voting, he may nevertheless continue to act as chairman.

(5)A council member who, pursuant to this section, is disqualified from taking part in deliberations and from voting shall be considered not to be present for the purposes of

(a)determining a quorum under subsection 33(1) or (2); and

(b)determining a majority under subsection 35(1).

(6)A council member who contravenes subsection (1) or (3) is guilty of an offence.

(7)[Repealed, 2018, c. 4, s. 28] (repealed)

^note

39By-laws respecting council meetings#

The band may make by-laws respecting procedures relating to council meetings, including, without limiting the generality of the foregoing, by-laws respecting notices of meetings, agenda, procedure at meetings and voting.^note

Committees of a Council

40By-laws respecting committees#

(1)The band may make by-laws

(a)establishing such committees as the band considers necessary to assist in the administration of the affairs of the band; and

(b)setting out the composition and functions of such committees.

(2)By-laws made under subsection (1) may provide for the membership on committees of persons who are not council members.

(3)Committees may exercise only advisory or administrative functions and are responsible to the council for the performance of their functions.

^note

Band Bodies, Officers, Employees and Agents

41Bodies, officers, employees and agents#

(1)The band, by resolution or by-law,

(a)shall appoint a band secretary and a band treasurer and fix their remuneration;

(b)may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and

(c)may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged.

(2)A person may hold concurrently more than one office referred to in subsection (1).

(3)The band may enter into employment agreements with its officers and employees.

^note

42Duties of band secretary#

(1)The band secretary is responsible for

(a)the safekeeping of all the books, records and documents of the band; and

(b)the preparation of the minutes of all council meetings and band meetings.

(2)The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band.

(3)The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band.

43Duties of band treasurer#

The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band.^note

44Return of band property#

(1)Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office.

(2)Any person who fails to comply with subsection (1) is guilty of an offence.

^note

By-laws Respecting Local Government

45Power to make by-laws respecting local government#

(1)Subject to this section, the band may make by-laws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting

(a)the administration of band affairs and the internal management of the band;

(b)the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings;

(c)health and hygiene, including

(i)the prevention of overcrowding of residences,

(ii)the sanitary condition of public and private property,

(iii)the control or prohibition of activities or undertakings that constitute a danger to public health,

(iv)the construction, operation and regulation of waste disposal systems and the collection, removal and disposal of waste generally, and

(v)subject to the laws of the Province, the establishment, maintenance and operation of cemeteries;

(d)public order and safety, including

(i)the establishment, maintenance and operation of fire departments,

(ii)the discharge of firearms or of arms discharged by compressed air or any other means,

(iii)the keeping of animals,

(iv)curfews,

(v)the prohibition of the sale or exchange of alcoholic beverages,

(vi)the possession or consumption of alcoholic beverages in public places, and

(vii)the control of public games, sports, races, athletic contests and other amusements;

(e)the protection of the environment, including natural resources;

(f)the prevention of pollution;

(g)the definition of nuisances and the control and prohibition of nuisances;

(h)the taxation for local purposes, otherwise than by means of an income tax,

(i)of interests in its Category IA-N land, except those of Canada and Quebec, and

(ii)of occupants and tenants of its Category IA-N land, except Canada and Quebec,

subject to subsections (2) and (3) and subject to and in accordance with regulations made under subsection (4);

(i)subject to subsection (5), the establishment, maintenance and operation of local services, including services relating to water, sewers, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, transportation, communication or snow removal, and respecting user charges for any such service;

(j)roads, traffic and transportation, including

(i)the operation and speed of vehicles,

(ii)the maintenance, construction and operation of roads,

(iii)the regulation of traffic of all kinds,

(iv)the transportation of dangerous substances, and

(v)the establishment, maintenance and operation of wharves, harbours, drydocks and other landing places;

(k)the operation of businesses and the carrying on of trades; and

(l)parks and recreation.

(2)The band

(a)may not make taxation by-laws other than those described in paragraph (1)(h); and

(b)may not make by-laws under paragraph (1)(h) until there are in force regulations made under subsection (4).

(3)A by-law made under paragraph (1)(h) must be approved by the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors of the band voted on the matter.

(4)The Governor in Council may make regulations respecting the exercise, pursuant to paragraph (1)(h), of the band’s power of taxation, including, without restricting the generality of the foregoing, regulations respecting

(a)assessments and the determination of tax rates;

(b)contestation of assessments;

(c)collection of taxes;

(d)contestation of taxation; and

(e)enforcement procedures.

(5)A by-law described in paragraph (1)(i) respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service, but

(a)may not delegate to anyone the power to prescribe user charges or user charge rates but must itself prescribe the user charges or the user charge rates; and

(b)may not prescribe user charges or user charge rates that exceed the total actual or anticipated cost of providing the service.

(6)The band may accept payment of a tax referred to in paragraph (1)(h) or a user charge referred to in paragraph (1)(i) in a form other than money.

^note

46By-laws re land and resource use and planning#

(1)The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting

(a)the inventory, use and management of its Category IA-N land and the natural resources thereof;

(b)the adoption of land use plans and resource use plans in relation to its Category IA-N land; and

(c)use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.

(2)Where a land use plan or resource use plan adopted pursuant to subsection (1) has been approved 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, any by-law or resolution of the band, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency.

^note

47Zoning by-laws#

(1)The band may make by-laws respecting zoning, including, without limiting the generality of the foregoing, by-laws respecting

(a)the division of all or part of its Category IA-N land into zones for the purpose of regulating the use of the land, natural resources thereof, and buildings; and

(b)the implementation of a land use plan or resource use plan referred to in subsection 46(1) that was approved by the electors of the band under subsection 46(2).

(2)A zoning by-law other than one described in paragraph (1)(b) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least fifteen per cent of the electors vote on the matter.

^note

48By-laws on hunting, fishing, trapping, wildlife protection#

(1)Subject to this section, the band may make by-laws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting

(a)the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

(b)matters described in sections 85 and 86 of that Act;

(c)residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and

(d)the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act.

(2)Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.

(3)Subsection (2) does not apply in respect of a proposed by-law that

(a)has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

(b)makes no substantive change to an existing by-law.

(4)A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter.

(5)A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it.

^note

48.1By-laws — ticketing scheme#

(1)The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.

(2)By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.

^note

Procedure for Making By-Laws and Resolutions

49Approval by band electors may be stipulated#

Where a by-law or resolution is not required by this Act to be approved by the electors of the band, the by-law or resolution may nevertheless provide that it does not come into force unless approved by the electors of the band at a special band meeting or referendum at which the minimum percentage of electors specified in the by-law or resolution vote on the matter.

50Original to be signed#

(1)The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.

(2)The minutes of a meeting of the band council are not valid unless adopted by the council by resolution and signed by

(a)the chairman of the meeting at which they are adopted; and

(b)the band secretary or such other person as is designated by by-law.

(3)Where a by-law or resolution is required to be approved by the electors of the band at a special band meeting or referendum, the band secretary

(a)in the case of a by-law, shall attach to the original copy of the by-law a statement signed by him indicating the date when such approval was given; or

(b)in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first council meeting following such approval.

(4)Non-compliance with this section does not invalidate a by-law or resolution.

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51Coming into force of resolutions#

(1)Subject to subsection (2), a resolution comes into force on the day on which it is adopted by the band or on such later day as is specified in the resolution.

(2)Where a resolution is required to be approved by the electors of the band at a special band meeting or referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution.

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52Posting of by-laws#

(1)Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.

(2)A by-law enacted by the band shall come into force on the day on which it is posted, whether or not it is posted within the time set out in subsection (1), or on such day, subsequent to the day on which it is posted, as may be specified in the by-law.

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53Register of by-laws#

(1)The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all by-laws of the band, including by-laws that have been repealed or are no longer in force.

(2)The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted.

(3)Within thirty days after the coming into force of a by-law, the band shall forward a copy thereof to the Minister.

(4)Non-compliance with this section does not affect the validity of a by-law or resolution.

54Obtaining copies of by-laws and resolutions#

Any person is entitled to obtain a copy of a by-law or resolution of the band on payment of such reasonable fee as is fixed by the band.^note

Challenges to By-Laws or Resolutions

55Applications for quashing of by-law or resolution#

(1)Subject to section 56, a member of the band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption.

(2)Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).

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56Time limit for applying#

(1)An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution.

(2)An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution.

57Subsequent actions#

Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person.