Law:James Bay and Northern Quebec Native Claims Settlement Act

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S.c. 1976-77, c. 32

Assented to 1977-07-14

An Act to approve, give effect to and declare valid certain agreements between the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, the Government of Quebec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydro-électrique de Québec and the Government of Canada and certain other related agreements to which the Government of Canada is a party

Preamble

WHEREAS the Government of Canada and the Government of Quebec have entered into an Agreement with the Crees and the Inuit inhabiting the Territory within the purview of the 1898 acts respecting the Northwestern, Northern and Northeastern Boundaries of the Province of Quebec and 1912 Quebec Boundaries extension acts, and with the Inuit of Port Burwell;

AND WHEREAS the Government of Canada and the Government of Quebec have assumed certain obligations under the Agreement in favour of the said Crees and Inuit;

AND WHEREAS the Agreement provides, inter alia, for the grant to or the setting aside for Crees and Inuit of certain lands in the Territory, the right of the Crees and Inuit to hunt, fish and trap in accordance with the regime established therein, the establishment in the Territory of regional and local governments to ensure the full and active participation of the Crees and Inuit in the administration of the Territory, measures to safeguard and protect their culture and to ensure their involvement in the promotion and development of their culture, the establishment of laws, regulations and procedures to manage and protect the environment in the Territory, remedial and other measures respecting hydro-electric development in the Territory, the creation and continuance of institutions and programs to promote the economic and social development of the Crees and Inuit and to encourage their full participation in society, an income support program for Cree and Inuit hunters, fishermen and trappers and the payment to the Crees and Inuit of certain monetary compensation;

AND WHEREAS the Agreement further provides in consideration of the rights and benefits set forth therein for the surrender by the said Crees, the Inuit of Quebec and the Inuit of Port Burwell of all their native claims, rights, titles and interests, whatever they may be, in and to the land in the Territory and in Quebec;

AND WHEREAS Parliament and the Government of Canada recognize and affirm a special responsibility for the said Crees and Inuit;

AND WHEREAS it is expedient that Parliament approve, give effect to and declare valid the Agreement;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the James Bay and Northern Quebec Native Claims Settlement Act.


Interpretation

Definitions

2. In this Act,

“Agreement”

« Convention »

“Agreement” means the agreement between the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, the Government of Quebec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydro-électrique de Québec and the Government of Canada dated November 11, 1975, as amended by the agreement between the same parties dated December 12, 1975, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on July 13, 1976 and recorded as document number 301-5/180C;

“Territory”

« Territoire »

“Territory” has the meaning assigned to that word by subsection 1.16 of the Agreement, namely, the entire area of land contemplated by the 1912 Quebec boundaries extension acts (an Act respecting the extension of the Province of Quebec by the annexation of Ungava, Que. 2 Geo. V, c. 7 and the Quebec Boundaries Extension Act, 1912, Can. 2 Geo. V, c. 45) and by the 1898 acts (an Act respecting the delimitation of the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Que. 61 Vict. c. 6 and an Act respecting the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Can. 61 Vict. c. 3).


Agreement

Agreement approved

3. (1) The Agreement is hereby approved, given effect and declared valid.

Conferral of rights and benefits

(2) Upon the extinguishment of the native claims, rights, title and interests referred to in subsection (3), the beneficiaries under the Agreement shall have the rights, privileges and benefits set out in the Agreement.

Extinguishment of claims

(3) All native claims, rights, title and interests, whatever they may be, in and to the Territory, of all Indians and all Inuit, wherever they may be, are hereby extinguished, but nothing in this Act prejudices the rights of such persons as Canadian citizens and they shall continue to be entitled to all of the rights and benefits of all other citizens as well as to those resulting from the Indian Act, where applicable, and from other legislation applicable to them from time to time.

Exemption from taxation

(4) The total amount mentioned in subsection 25.3 of the Agreement as monetary compensation and all the other sums mentioned in that subsection are exempt from taxation in the manner and to the extent set out in that subsection.

Regulations

(5) The Governor in Council may make such regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof.

Interest

(6) Any sum of money payable by the Government of Canada under section 25 of the Agreement shall, in the event of default in making payment, bear interest from the date of such default at the legal rate of interest.


Supplementary And Other Agreements

Supplementary and other agreements approved

4. (1) Subject to sections 5 and 6, the Governor in Council may, by order, approve, give effect to and declare valid

(a) any agreement pursuant to subsection 2.15 of the Agreement to which the Government of Canada is a party that amends or modifies the Agreement; or

(b) any agreement to which the Government of Canada is a party with the Naskapi Indians of Schefferville, Quebec, or with any other Indians or Inuit or groups thereof, concerning the native claims, rights, title and interests that such Indians, Inuit or groups thereof may have had in and to the Territory prior to the coming into force of this Act.

Idem

(2) No order shall be made under paragraph (1)(b) in respect of any agreement under that paragraph that expressly or by necessary implication amends or modifies the Agreement unless the procedure set forth in subsection 2.15 of the Agreement has been followed.

Conferral of rights and benefits

(3) Upon the coming into force of an order of the Governor in Council approving, giving effect to and declaring valid an agreement referred to in paragraph (1)(b), the beneficiaries under the agreement shall have the rights, privileges and benefits set out in the agreement.

Exemption from taxation

(4) Any capital amounts payable as compensation under an agreement approved, given effect to and declared valid under paragraph (1)(b) shall be exempt from taxation in the manner and to the extent set out in the agreement.

Regulations

(5) The Governor in Council may make such regulations as are necessary for the purpose of carrying out any agreement approved, given effect and declared valid under subsection (1) or for giving effect to any of the provisions thereof.

Tabling order

5. (1) An order under subsection 4(1), together with the agreement to which the order relates, shall be laid before Parliament not later than fifteen days after its issue or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting.

Coming into force

(2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of the House of Commons or Senate, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.

Consideration of motion

(3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later that the sixth sitting day of that House following the filing of the motion, in accordance with the rules of that House, unless a motion to the like effect has earlier been taken up and considered in the other House, take up and consider the motion.

Procedure on adoption of motion

(4) If a motion taken up and considered in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from the House adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

Procedure in other House

(5) Within the first fifteen days next after receipt of a request pursuant to subsection (4) that the House receiving the request is sitting, that House shall, in accordance with the rules thereof, take up and consider the motion that is the subject of the request.

Where motion adopted and concurred in

(6) Where a motion taken up and considered in accordance with this section is adopted by the House in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature to implement a subsequent agreement to which the Government of Canada is a party.

Where motion not adopted or concurred in

(7) Where a motion taken up and considered in accordance with this section is not adopted by the House in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force immediately upon the failure to adopt the motion or concur therein, as the case may be.

Definition of expression “sitting day”

(8) For the purpose of subsection (2), a day on which either House of Parliament sits shall be deemed to be a sitting day.

Negative resolution of Parliament

6. When each House of Parliament enacts rules whereby any regulation made subject to negative resolution of Parliament within the meaning of section 28.1 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, section 5 of this Act is thereupon repealed and an order made thereafter under subsection 4(1) is an order made subject to negative resolution of Parliament within the meaning of section 28.1 of the Interpretation Act.


Consequential Amendment

7. (Amendment)


Inconsistent Laws

Inconsistency or conflict

8. Where there is any inconsistency or conflict between this Act and the provisions of any other law applying to the Territory, this Act prevails to the extent of the inconsistency or conflict.


Appropriation

Payments out of C.R.F.

9. There shall be paid out of the Consolidated Revenue Fund such sums as may be required to meet the monetary obligations of Canada under section 25 of the Agreement.


Report To Parliament

Annual report

10. The Minister of Indian Affairs and Northern Development shall, within sixty days after the first day of January of every year including and occurring between the years 1978 and 1998, submit to the House of Commons a report on the implementation of the provisions of this Act for the relevant period.


Commencement

Coming into force


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