Form of Instrument of Cession Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-85-1084/FullText.html

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Form of Instrument of Cession Regulations

SOR/85-1084CREE-NASKAPI (OF QUEBEC) ACT
Registration 1985-11-21
Regulations Respecting the Form of the Instrument of Cession To Be Used for a Cession to Quebec Pursuant to Part IX of the Cree-Naskapi (of Quebec) Act
P.C. 1985-3398  1985-11-21Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 10 and paragraph 146(b) of the Cree-Naskapi (of Quebec) ActFootnote *, is pleased hereby to make the annexed Regulations respecting the form of the Instrument of Cession to be used for a cession to Quebec pursuant to Part IX of the Cree-Naskapi (of Quebec) Act.
Return to footnote *S.C. 1984, c. 18Short Title

1 These Regulations may be cited as the Form of Instrument of Cession Regulations.

Form of Instrument of Cession

2 The form of Instrument of Cession set out in the schedule hereto shall be used in case of a cession to Quebec pursuant to Part IX of the Cree-Naskapi (of Quebec) Act.

SCHEDULE(Name of the Band)Instrument of Cession

This Instrument of Cession is executed in four copies in accordance with paragraphs 143(1)(b) and 146(b) of the Cree-Naskapi (of Quebec) Act.

1 interpretation
In this Instrument of Cession, Band means (Name of the Band);

2 description of land affected
In accordance with Part IX of the Cree-Naskapi (of Quebec) Act, the Band has made a cession to Quebec of the whole of its rights and interests in or on the following parcel of its Category (IA or IA-N) land described below and depicted on the plan attached hereto:
(description of the land)

3 conditions of cession
The said cession is unconditional
(or)
The said cession is subject to the following terms and conditions:
(here state the terms and conditions)

4 approval of electors
In accordance with section 144 of the Cree-Naskapi (of Quebec) Act, the said cession was approved by the electors of the Band in a referendum duly called and held on the day(s) of , 19 in which at least sixty-five percent (65%) of the electors of the Band voted in favour of the said cession.

5 certificate of officer
A written statement dated the day of , 19 , certifying the results of the vote taken in the referendum and signed by , the officer responsible for the conduct of the referendum, is attached hereto.

6 effective date of cession (choose the desired version)
First version:
In accordance with subsection 143(2) of the Cree-Naskapi (of Quebec) Act, the effective date of the said cession shall be the date on which Quebec accepts the cession and the transfer from Canada of the administration, management and control of the land described in section 2 of this Instrument of Cession, pursuant to paragraph 143(1)(e) of the said Act.
(or)
Second Version:
In accordance with subsection 143(2) of the Cree-Naskapi (of Quebec) Act, the effective date of the said cession shall be the later of

(a) the date on which Quebec accepts the said cession and the transfer from Canada of the administration, management and control of the land described in section 2 of this Instrument of Cession, pursuant to paragraph 143(1)(e) of the said Act, and
(b) the day of , 19 .

7 acceptance by quebec (Optional Clause)
Pursuant to paragraph 143(1)(e) of the Cree-Naskapi (of Quebec) Act, Quebec may accept the cession and the transfer from Canada of the administration, management and control of the land described in section 2 of this Instrument of Cession within () months of the date of the execution of this Instrument of Cession.

Executed at , this day of , 19 .

Council Member
Council Member

For the Band.