An Act respecting the Cree Nation Government


Published: 2015-11-01

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chapter G-1.031

An Act respecting the Cree Nation Government

This Act was formerly entitled: “An Act respecting the Cree Regional Authority”. The title of the Act was replaced by section 42 of chapter 19 of the statutes of 2013.

2013, c. 19, s. 42.

DIVISION I 
INTERPRETATION

1. In this Act, unless the context indicates otherwise,

 (a) “band” means one of the bands within the meaning of the Indian Act (R.S.C. 1985, c. I-5), of Fort George, Old Factory, Rupert House, Waswanipi, Mistassini, Nemaska, Great Whale River and Eastmain, until its incorporation pursuant to section 9 of the Agreement and, thereafter, one of such corporations;

 (b) “Board of Compensation” or “Board” means the board constituted by section 55 of this Act;

 (c) “Cree community” or “community” means a collectivity composed of all the Crees enrolled or entitled to be enrolled on a community list in accordance with the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1);

 (d) “Council of the Cree Nation Government” or “Council” means the council provided for in section 22;

 (e) (paragraph repealed);

 (f) “Agreement” means the Agreement contemplated in section 1 of the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67), and complementary Agreement No. 3 tabled before the National Assembly on 18 April 1978, as Sessional Papers, No. 114;

 (g) (paragraph repealed);

 (h) “Crees” or “James Bay Crees” means the Cree beneficiaries under the terms of the Act respecting Cree, Inuit and Naskapi Native persons;

 (i) “Minister” means the Minister responsible for the application of this Act;

 (j) “Category I lands” and “Category II lands” mean the lands, within the meaning of Title III of the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), located south of the 55th parallel north, and the Category I lands transferred to the Cree community of Whapmagoostui;

 (k) “Territory” has the same meaning as in the Act respecting Cree, Inuit and Naskapi Native persons;

 (l) “Cree village” means any Cree village constituted under The Cree Villages and the Naskapi Village Act (chapter V-5.1).

1978, c. 89, s. 1; 1996, c. 2, s. 16; 2013, c. 19, s. 43, s. 49.

DIVISION II 
CONSTITUTION OF THE CREE NATION GOVERNMENT
2013, c. 19, s. 49.

2. A legal person is established in the public interest under the name “Gouvernement de la nation crie”.

This legal person may also be designated under the name “Eeyou Tapayatachesoo” in Cree, and the name “Cree Nation Government” in English.

1978, c. 89, s. 2; 1999, c. 40, s. 8; 2013, c. 19, s. 44.

3. The Crees of each of the communities and the Cree villages constitute the Cree Nation Government and only they can be members thereof.

1978, c. 89, s. 3; 1996, c. 2, s. 25; 2013, c. 19, s. 49.

4. The Cree Nation Government is a legal person.

The Cree Nation Government is also a non-profit association without share capital and without pecuniary gain to its members.

1978, c. 89, s. 4; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

5. The Cree Nation Government has its head office within Category I lands at the place determined by by-law of the Council, notice of which must be published in the Gazette officielle du Québec; in the same manner, the head office may be moved to any other place within Category I lands.

The Cree Nation Government may also have offices and branches in Québec, outside of such lands.

1978, c. 89, s. 5; 2013, c. 19, s. 49.

DIVISION III 
OBJECTS, POWERS AND JURISDICTIONS
2013, c. 19, s. 45.

6. The objects of the Cree Nation Government are:

 (a) at the request of a Cree village or of a band, to establish, administer and coordinate, on Category I lands, the services or programs established by or for that village or that band;

 (b) to give a valid consent, on behalf of the James Bay Crees, where such consent is required pursuant to the Agreement or pursuant to an Act;

 (c) to appoint the representatives of the James Bay Crees on the Eeyou Istchee James Bay Regional Government and, where such representation is provided for, on all other agencies, bodies and entities established pursuant to the Agreement or an Act;

 (d) through the Board of Compensation, to receive, administer, use and invest the compensation contemplated in Division VIII and the revenues arising from it;

 (e) to relieve poverty, promote the general welfare and advance the education of the James Bay Crees, promote the development and means of intervention of the Cree communities and promote civic improvements;

 (f) to assist in the undertaking and furtherance of works of charity, education, scientific, artistic or literary culture, youth training, and generally of any social welfare enterprise of the James Bay Crees;

 (g) to assist in the organization of recreational centres and public places for sports and amusements;

 (h) to grant subsidies to institutions, partnerships or legal persons devoted to the pursuit of the purposes mentioned in paragraphs f and g and to bands and Cree villages;

 (i) to entrust to non-profit institutions, bands or Cree villages, partnerships or legal persons, the organization and management, on behalf of the Cree Nation Government, of activities or bodies mentioned in paragraph g and, for such purpose, make contracts with them and grant them the necessary funds;

 (j) to work toward the solution of the problems of the James Bay Crees and, for such purposes, to deal with all governments, public authorities and persons;

 (k) to carry out research and provide technical, professional and other assistance to the James Bay Crees;

 (l) to assist the James Bay Crees in the exercise of their rights and in the defence of their interests;

 (m) to foster, promote, protect and assist in the preservation of the way of life, the values and the traditions of the James Bay Crees;

 (n) to establish and maintain a regional police force.

The Cree Nation Government also exercises the other functions vested in it by the applicable laws in Québec or by the Agreement, in particular, those conferred on it by law with respect to municipal, local and regional management, natural resource management and land management. It may, in addition, exercise certain responsibilities under an agreement, provided the Government is party to it.

1978, c. 89, s. 6; 1996, c. 2, s. 17; 1999, c. 40, s. 8; 2008, c. 13, s. 14; 2013, c. 19, s. 46, s. 49.

6.1. The Cree Nation Government may affirm its jurisdiction, on all or part of the Category II lands, with respect to any field of jurisdiction assigned by an Act to a local municipality or a regional county municipality.

For the purposes of the exercise of any jurisdiction so affirmed, the Cree Nation Government acts as a local municipality governed by the Cities and Towns Act (chapter C-19) or as a regional county municipality, as the case may be, and is governed by the Acts applicable to such a municipality, subject to this Act.

2013, c. 19, s. 47.

6.2. The resolution by which the Cree Nation Government affirms its jurisdiction identifies the field of jurisdiction concerned and describes the part of the territory to which the affirmation applies.

An authenticated copy of the affirmation is sent to the Minister of Municipal Affairs, Regions and Land Occupancy and to any other minister responsible for the administration of the Act that confers the jurisdiction concerned.

The affirmation of jurisdiction takes effect on the date on which the Minister of Municipal Affairs, Regions and Land Occupancy publishes a notice to that effect in the Gazette officielle du Québec or on any later date agreed upon with the Cree Nation Government and mentioned in the notice.

2013, c. 19, s. 47.

6.3. The exercise by the Cree Nation Government of a jurisdiction referred to in section 6.1 may be the object of an agreement with the Gouvernement du Québec providing for any adaptations required to take into account the specific character of the Cree Nation Government and the territory concerned. Such an agreement may derogate from any legislative provision.

The agreement mentions the date of its coming into force.

The Minister publishes the agreement in the Gazette officielle du Québec, together with a notice specifying the date of its coming into force.

2013, c. 19, s. 47.

6.4. If the Cree Nation Government affirms its jurisdiction with respect to the strategic vision statement or the land use planning and development plan provided for in the Act respecting land use planning and development (chapter A-19.1), the process described in sections 79.2 to 79.14 applies, with the necessary modifications, to the drafting, amendment and revision of the statement or the plan, in the stead of the processes provided for in that Act.

However, the provision, in section 79.3, requiring the consultation of the regional land and natural resource commission established by the Eeyou Istchee James Bay Regional Government does not apply and any reference in those provisions to the Minister of Natural Resources is a reference to the Minister of Municipal Affairs, Regions and Land Occupancy.

The strategic vision statement and the land use planning and development plan of the Cree Nation Government must be consistent with the policy directions, principles and objectives that that Government determines in consultation with the Cree communities and with the approval of the Gouvernement du Québec.

2013, c. 19, s. 47.

6.5. The Cree Nation Government has the powers required to fulfill the obligations stipulated in an agreement to which it was party with the Gouvernement du Québec or any of its ministers or bodies, with a mandatary of the State or, in the case of an agreement exempt from the application of the Act respecting the Ministère du Conseil exécutif (chapter M-30) or an agreement entered into with the prior authorization required under that Act, with the Government of Canada or any of its ministers, bodies or mandataries.

2013, c. 19, s. 47.

DIVISION IV 
MEETINGS OF MEMBERS

7. Each of the individual members of the age of majority of the Cree Nation Government has a right to vote, in person but not by proxy, at its meetings.

1978, c. 89, s. 7; 2013, c. 19, s. 49.

8. The annual general meeting of the members of the Cree Nation Government must be held each summer on the day, at the hour and at the place in Québec fixed by resolution of the Council of the Cree Nation Government.

A special general meeting may coincide with the annual general meeting.

1978, c. 89, s. 8; 2013, c. 19, s. 49.

9. A special general meeting of the members may be called by the Chairman of the Cree Nation Government, by the Council or by the Board of Compensation.

The Council of the Cree Nation Government must call a special general meeting upon the request of at least 45 members of the age of majority of the Cree Nation Government. This request must be in writing and must set out the objects of the proposed meeting.

A special general meeting of the members is held on the day, at the hour and at the place in Québec fixed either by the chairman of the Cree Nation Government or by resolution of the Council, or of the Board, whichever called such meeting.

1978, c. 89, s. 9; 2013, c. 19, s. 49.

Notice.

10. A written notice of the annual general meeting of the members shall be given or mailed to the members of the age of majority, at least fifteen days prior to the date of such meeting.

Posting-up.

The notice of such meeting must, as well, be prominently posted in a public place in the Category I lands of each Cree community at least fifteen days prior to the date fixed for such meeting.

Content.

Such notice must specify the day, the hour and the place of the meeting. It shall indicate, as well, in general terms, any business to be considered at such meeting.

1978, c. 89, s. 10.

11. A notice of a special general meeting must be given, communicated or mailed to the members of the age of majority in such a manner and before such time as is fixed by either the chairman of the Cree Nation Government or by resolution of the Council, or of the Board of Compensation, whichever called such meeting.

This notice must be written, except in exceptional circumstances, in which case it may be verbal.

If the notice is written, it must specify the day, the hour and the place of the meeting. It must indicate, as well, in general terms, any business to be considered at such meeting.

If the notice is verbal, it must be communicated to a member or to an employee of the council of each band or Cree village, who must post a notice of such meeting prominently in a public place within the Category I lands of each Cree community. The notice so posted must specify the day, the hour and the place of the meeting and its purpose.

1978, c. 89, s. 11; 1996, c. 2, s. 25; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

12. The chairman of the Cree Nation Government or, in the case of absence, refusal or incapacity to act of the chairman, the vice-chairman, shall preside at meetings of the members.

In the case of absence, refusal or incapacity to act of the chairman and of the vice-chairman, the Council shall appoint a member of the Cree Nation Government to preside at the meeting.

1978, c. 89, s. 12; 2013, c. 19, s. 49.

Quorum.

13. At the annual general meeting or at any special general meeting, forty-five members of the age of majority constitute a quorum, provided that the majority of the communities are each represented by at least one Cree of the community.

1978, c. 89, s. 13.

Adjournment.

14. If there is no quorum, any meeting may be adjourned to the day, the hour and the place fixed by the chairman of the meeting; the secretary shall then give a verbal notice which must be communicated in the manner provided for in the fourth paragraph of section 11.

1978, c. 89, s. 14.

15. Any decision taken during meetings of the members of the Cree Nation Government must be taken by a majority vote.

1978, c. 89, s. 15; 2013, c. 19, s. 49.

16. The vote at meetings of the members of the Cree Nation Government must be taken by a show of hands unless at least five members of the age of majority present demand a vote by secret ballot. This demand may be presented at any time during a meeting, whether or not there has already been a vote taken by a show of hands on the same question.

1978, c. 89, s. 16; 2013, c. 19, s. 49.

Secret ballot.

17. If, during any meeting, a vote by secret ballot must take place, it is taken in the manner provided for by by-law of the Council.

1978, c. 89, s. 17.

Casting vote.

18. The chairman of any meeting of the members has, in the event of a tie-vote, a casting vote in addition to any other vote to which he may otherwise be entitled.

1978, c. 89, s. 18.

Scrutineers.

19. The chairman of the meeting may appoint persons to act as scrutineers at such meeting. These scrutineers, if they are voting members and if they accept to act, are not entitled to vote on any question.

1978, c. 89, s. 19.

20. The members of the Cree Nation Government shall, at the annual general meeting:

 (a) appoint the auditors of the Cree Nation Government in accordance with this Act;

 (b) receive and examine the financial statements of the Cree Nation Government for the preceding fiscal year and the report of the auditors thereon;

 (c) receive and consider the report of the activities of the Council of the Cree Nation Government and make such recommendations as they deem appropriate in regard thereto;

 (d) receive and consider the report of the activities of the Board of Compensation, the report on the investments and the report of the distributions of the compensation and make such recommendations as they may deem appropriate in that regard;

 (e) raise any question of interest to them relating to the activities of the Cree Nation Government;

 (f) make recommendations respecting the priorities and policies of the Cree Nation Government.

1978, c. 89, s. 20; 2013, c. 19, s. 49.

21. No member of the Cree Nation Government is entitled to any remuneration for attendance at any general meetings. However, the Cree Nation Government may defray the expenses incurred by a certain number of members chosen by the council of each Cree village to attend such meetings.

The number of members for whom such expenses may be defrayed must be equal for each Cree village.

The compensation referred to in Division VIII may be used for the purposes of this section, provided that at least one of the questions on the agenda for such meeting concerns the said compensation.

1978, c. 89, s. 21; 1996, c. 2, s. 25; 2013, c. 19, s. 49.

DIVISION V 
COUNCIL

22. The powers of the Cree Nation Government are exercised by the Council, except in those matters declared to be within the exclusive jurisdiction of the Board of Compensation or of the executive committee.

1978, c. 89, s. 22; 2013, c. 19, s. 49.

23. The Council is composed of the chairman and the vice-chairman of the Cree Nation Government, and of the mayor and one representative of each of the Cree villages.

The term of office of the chairman and the vice-chairman is four years. The term of office of the representatives of the Cree villages is three years and that of the mayors of the Cree villages coincides with their term as mayor.

1978, c. 89, s. 23; 1996, c. 2, s. 18; 2005, c. 30, s. 1; 2013, c. 19, s. 49.

Chairman, vice-chairman, representatives elected.

24. The chairman and the vice-chairman of the Council and the representatives of the Cree villages are elected from among the members of the age of majority of such villages, by secret ballot in which such members participate.

Elections.

The elections of the representatives of the Cree villages are held in every village in the manner prescribed by by-law of the council of every such village, under the supervision of the returning officer appointed in accordance with this Act.

Notice.

A notice of not less than 30 days of the polling must be given by the returning officer.

1978, c. 89, s. 24; 1996, c. 2, s. 19.

25. (Repealed).

1978, c. 89, s. 25; 1984, c. 27, s. 10.

Absolute majority.

26. The chairman and the vice-chairman are elected by an absolute majority vote. If no candidate wins an absolute majority in the first ballot, a second ballot is held within the next 30 days, at the time determined by the returning officer, between the two candidates who, from among those who did not withdraw their candidacy, won the most votes in the first ballot.

1978, c. 89, s. 26; 2005, c. 30, s. 2.

Filling of vacancies.

27. In the case of vacancy in the office of chairman, he is replaced by the vice-chairman. Any vacancy in the office of vice-chairman, or in that of chairman if there is no vice-chairman, is filled by the council from among its members.

Replacement of representative.

Any vacancy in the office of representative of a Cree village is filled by its council from among its members.

Exception.

These replacements can only take place if there remains less than one year before the expiry of the term of the person so replaced.

Elections.

If there is more than one year left in the term, elections to fill the vacant office must be held within 60 days following the vacancy. The persons so elected remain in office only until the expiry of the term of the person so replaced.

1978, c. 89, s. 27; 1996, c. 2, s. 20.

Replacement of member.

28. Any vacancy in the office of a member who sits on the council as mayor of a Cree village is filled by the person who replaces such mayor on the council of the Cree village.

1978, c. 89, s. 28; 1996, c. 2, s. 21.

Appointment of secretary, general manager, treasurer.

29. The council appoints a secretary, a general manager, a treasurer and any other officer considered necessary.

Functions, remuneration.

It determines their functions and fixes their remuneration.

1978, c. 89, s. 29.

Departments, services.

30. The council may establish, by by-law, various departments and services and determine their duties and functions.

1978, c. 89, s. 30.

Committees.

31. The Council may establish permanent or special committees, and appoint, during pleasure, as many of its members as it deems necessary, to supervise the administration of the various departments and services, and carry out any other function that may, by by-law or resolution of the Council, be assigned to them.

1978, c. 89, s. 31.

32. The chairman of the Cree Nation Government or, in the case of absence, refusal or incapacity to act of the chairman, the vice-chairman, is ex officio a member of all committees established under section 31 and has a right to vote thereon.

1978, c. 89, s. 32; 2013, c. 19, s. 49.

Reports.

33. Every committee must render account of its activities by reports signed by its chairman, or by a majority of the members who compose it.

1978, c. 89, s. 33.

Removal of member of personnel, reduction of salary.

34. The vote of the absolute majority of the members of the Council is required to remove or to reduce the salary of any member of the personnel appointed by it. The returning officer may not be removed except in the manner provided for in section 51.

1978, c. 89, s. 34.

Date, hour, place.

35. The Council shall meet at least every three months, in general or regular session, and hold its meetings on the days, at the hours and in the places in Québec that it fixes by resolution.

1978, c. 89, s. 35.

36. A prior written notice of not less than seven days must be given to each member of the Council with an agenda prepared by the secretary of the Cree Nation Government, indicating the day, hour and place of such meeting.

1978, c. 89, s. 36; 2013, c. 19, s. 49.

Casting vote.

37. The chairman of any sitting of the Council has a casting vote in the case of an equality of votes.

1978, c. 89, s. 37.

38. If the chairman, the vice-chairman or another member of the Council resigns, the resignation takes effect upon the date on which the secretary of the Cree Nation Government receives a written notice to this effect, signed by the person resigning.

1978, c. 89, s. 38; 2013, c. 19, s. 49.

39. The chairman of the Cree Nation Government presides at sittings of the Council.

The vice-chairman shall exercise all the powers of the chairman in the case of absence, refusal or incapacity to act of the chairman.

In the case of absence, refusal or incapacity to act of both the chairman and the vice-chairman, the Council shall appoint one of its members to preside at the sitting.

1978, c. 89, s. 39; 2013, c. 19, s. 49.

Meetings public.

40. The meetings of the Council are public.

1978, c. 89, s. 40.

Quorum.

41. A majority of its members then in office are a quorum at sittings of the Council.

1978, c. 89, s. 41.

Decisions.

42. The decisions of the Council are taken by a majority vote, unless otherwise provided by this Act or by the by-laws of the Council.

1978, c. 89, s. 42.

Vote.

43. Every member of the Council present at a sitting has one vote and must vote on all questions put to a vote. However, no member of the Council may take part in any deliberations nor vote on a question in which he has a personal interest, but he must disclose his interest to the meeting.

Personal interest.

In the case of dispute, the Council decides whether the member has a personal interest in the matter, and such member shall not vote on the question of whether or not he is interested.

1978, c. 89, s. 43.

Justifiable expenses.

44. The Council may authorize the payment of justifiable expenses incurred by one of its members for attendance at meetings of the Council.

1978, c. 89, s. 44.

45. The Council may, by by-law, fix the amount of the remuneration of its members.

This by-law does not come into force until it has been approved by the members of the Cree Nation Government at a special general meeting held for this purpose.

1978, c. 89, s. 45; 2013, c. 19, s. 49.

DIVISION VI 
EXECUTIVE COMMITTEE

Powers.

46. The executive committee exercises the powers entrusted to it by by-law of the Council, in accordance with the terms and conditions determined in the same manner.

Board of Compensation.

It shall not, however, exercise any power vested in the Board of Compensation by this Act, except where expressly delegated such power by the latter.

1978, c. 89, s. 46.

47. The executive committee consists of five members, who must all be members of the Council. The chairman and the vice-chairman of the Cree Nation Government are members ex officio of and exercise the same functions in the executive committee. The three other members, appointed during pleasure, are chosen by the Council.

At least three members of the executive committee must be members of different Cree communities.

The director general, the treasurer and the chairman of the Board of Compensation are attached to the executive committee as non-voting members.

1978, c. 89, s. 47; 2013, c. 19, s. 49.

Appointment, replacement of members.

48. The appointment of the members of the executive committee and their replacements are determined by by-law of the Council; the same rule applies to meetings, notices of meeting, voting and procedure.

1978, c. 89, s. 48.

49. Unless otherwise provided by by-law of the Council, and subject to sections 29 and 64, the Executive Committee appoints all the members of the personnel of the Cree Nation Government, determines their functions and powers, and authorizes the payment of all sums due by the Cree Nation Government in accordance with the formalities, restrictions and conditions prescribed by this Act.

1978, c. 89, s. 49; 2013, c. 19, s. 49.

DIVISION VII 
RETURNING OFFICER

50. The Council appoints a returning officer and determines his remuneration.

This appointment must be ratified at the first general or special meeting of the Cree Nation Government following that appointment.

The returning officer shall hold no other office in the Cree Nation Government.

1978, c. 89, s. 50; 2013, c. 19, s. 49.

51. The returning officer may be removed from office only by resolution of the Council, approved by at least two-thirds of the votes cast at a special general meeting of the members of the Cree Nation Government held for this purpose.

1978, c. 89, s. 51; 2013, c. 19, s. 49.

52. The returning officer supervises the elections of the chairman and of the vice-chairman of the Cree Nation Government, of the representatives of the Cree villages on the Council, and the elections of the representatives of the Cree communities to the Board of Compensation.

The returning officer may designate assistants for each community; the Council fixes their remuneration.

1978, c. 89, s. 52; 1996, c. 2, s. 25; 2013, c. 19, s. 49.

53. The returning officer determines, in accordance with this Act, the procedures, terms and conditions of election of the chairman and vice-chairman of the Cree Nation Government and of the representatives of the Cree communities to the Board of Compensation.

Except for the first elections, these procedures, terms and conditions do not come into force until they have been approved at a special general meeting of the members of the Cree Nation Government held for this purpose.

1978, c. 89, s. 53; 2013, c. 19, s. 49.

Election at subsequent date.

54. If, at any time, an election, whether for chairman or vice-chairman, representatives of Cree villages to the Council, or for representatives of Cree communities to the Board of Compensation, does not take place, or does not take place at the time fixed, the election may take place at a subsequent date, and the persons leaving office remain in office until their successors have been elected.

1978, c. 89, s. 54; 1996, c. 2, s. 25.

DIVISION VIII 
COMPENSATION AND THE BOARD OF COMPENSATION

§ 1. —  Establishment of the Board

55. A Board of Compensation is established, as an administrative department of the Cree Nation Government.

1978, c. 89, s. 55; 2013, c. 19, s. 49.

56. The Board, in accordance with this Act, shall exercise all the rights and powers of the Cree Nation Government relating to the portion of the compensation intended for the Cree and contemplated in Subsections 25.1 and 25.2 of the Agreement.

It shall act for the Cree Nation Government and shall bind it in respect of all its acts relating to the said compensation and it is the medium through which the Cree Nation Government shall receive in full ownership, administer, use, invest, transfer and distribute the compensation.

For the purposes of this Act, unless the context indicates otherwise, this compensation is that contemplated in the first paragraph of this section and includes the revenues therefrom, the interest, the fruits and other revenues derived from the compensation as well as the accretions thereto.

1978, c. 89, s. 56; 2013, c. 19, s. 49.

57. The number of members of the Board, as well as their term of office, is fixed by by-law of the Board.

It is composed of an equal number of representatives elected by the members of each of the Cree communities and of at least three members appointed by the Council. In any case, it shall not be less than 11 nor greater than 28, and the elected representatives must always be the majority.

The by-law provided for in the first paragraph comes into force only when it is approved at a special general meeting of the members of the Cree Nation Government called for that purpose. It does not curtail the term of office of a member of the Board in office at the time of its coming into force.

1978, c. 89, s. 57; 2013, c. 19, s. 49.

Representatives of the Government

58. Until 31 October 1987, the Board of Compensation shall include two representatives appointed by the Government and one representative appointed by the Minister of Indian Affairs and Northern Development.

Term of office.

The term of each of these members is two years, but they remain in office until they are replaced by the authority which appointed them.

1978, c. 89, s. 58.

59. Subject to section 58 and until a by-law is adopted under section 57, the Board is composed of 22 members, including 16 members elected for two years by the Crees, at the rate of two per community, three members appointed for two years by the Council of the Cree Nation Government and three appointed in accordance with section 58.

For the first election in each community, one of the two members is elected for a term of one year, and the other for a term of two years.

1978, c. 89, s. 59; 2013, c. 19, s. 49.

Elections.

60. The members of the Cree communities are elected from among the members of the age of majority of these communities, by ballot in which these members participate.

Ballot.

The ballot is held in the manner determined by the returning officer, under his supervision. A notice of not less than thirty days of the polling must be given by the returning officer to the members of the age of majority of each of these communities.

1978, c. 89, s. 60.

61. The members of the Board who are not elected must also be of the age of majority and, if they are Crees, they must be members of the Cree Nation Government.

1978, c. 89, s. 61; 2013, c. 19, s. 49.

62. No person may at the same time be a member of the Board of Compensation and of the Council of the Cree Nation Government.

1978, c. 89, s. 62; 2013, c. 19, s. 49.

Vacancy.

63. Any vacancy is filled in the manner provided for the election or the appointment of the member to be replaced, but only for the remainder of his term.

1978, c. 89, s. 63.

64. The Board of Compensation has exclusive authority to make by-laws consistent with this Act for the conduct of its affairs and for its internal management, including its personnel, and for the administration, investment and use of the compensation and the revenues therefrom.

These by-laws, unless they have been ratified in the interval at a special general meeting of the members of the Cree Nation Government called for this purpose, have effect only until the next annual meeting of the Cree Nation Government. If they are not ratified at this meeting, they cease, but from that date only, to be in force.

1978, c. 89, s. 64; 2013, c. 19, s. 49.

Chairman, vice-chairman.

65. The members of the Board shall elect from among themselves a chairman and a vice-chairman of the Board for a period of two years.

1978, c. 89, s. 65.

Vote.

66. Every member of the Board present at a meeting has one vote. The Cree members of the Board present must vote on all questions put to a vote.

Personal interest.

No member of the Board may, however, take part in any deliberations nor vote on any question in which he has a personal interest, and he must divulge his interest to the meeting.

In the case of dispute, the Board shall decide if a member has a personal interest in the matter, and such member shall not vote on the question of whether or not he is interested.

1978, c. 89, s. 66.

Applicable provisions.

67. Sections 35 to 39, 41, 42, 44 and 45 apply with the necessary modifications to the Board of Compensation.

1978, c. 89, s. 67.

§ 2. —  Powers and duties of the Board

68. The Board shall,

 (a) until 31 October 1997, invest directly or by the intermediary of one or several legal persons wholly owned by the Cree Nation Government, constituted either by a special Act of Québec, or under laws of Québec of general application, at least 50% of the portion, intended for the Crees, of the compensation referred to in Subsection 25.1 of the Agreement, as and when it is received, in the investments described in the schedule;

 (b) until 31 October 1987, invest directly or by the intermediary of one or several legal persons wholly owned by the Cree Nation Government, constituted by a special Act of Québec or under laws of Québec of general application, at least 25%, in addition to the minimum of 50% contemplated in paragraph a, of the portion, intended for the Crees, of the compensation contemplated in Subsection 25.1 of the Agreement, as and when it is received, in the investments described in the schedule.

1978, c. 89, s. 68; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

69. The Board may

 (a) set aside or transfer to one or several holding or venture capital legal persons wholly owned by the Cree Nation Government, constituted either by a special Act of Québec or under laws of Québec of general application, a maximum of 25% of the portion of the compensation intended for the Crees, mentioned in Subsection 25.1 of the Agreement, as and when it is received, for the following purposes:

(i)  to assist in the creation, financing or development of businesses, resources, properties or industries of the Crees;

(ii)  to initiate, expand and develop opportunities for the Crees to participate in the economic development of their society through the application of their skills and capital; and

(iii)  to invest in the securities of any legal person owning property or carrying on business directly related to the economic or other interests of the Crees;

 (b) set aside or transfer to one or several legal persons wholly owned by the Cree Nation Government or wholly controlled by it, constituted either by a special Act of Québec or under laws of Québec of general application or, with approval of the Government, to a non-corporate entity wholly owned or wholly controlled by it, any amount that, when added to the amount set aside or transferred in conformity with paragraph a, does not exceed 25% of the portion of the compensation intended for the Crees, mentioned in Subsection 25.1 of the Agreement, as and when it is received, and that must be used exclusively for educational, community and other charitable activities of the Crees;

 (c) subject to sections 71 and 73, conserve, administer, invest, reinvest, distribute and use as it considers appropriate:

(i)  all revenues from the investment of the aforesaid compensation;

(ii)  any portion of the aforesaid compensation the setting aside or transfer of which has not been effected under the terms of paragraphs a and b;

(iii)  any portion, allocated to the Crees, of the compensation provided for in Section 25.2 of the Agreement; and

(iv)  after the expiry of the periods referred to in paragraphs a and b of section 68, any portion of the compensation referred to therein;

 (d) if it deems it advisable, use its assets to reimburse the obligations contracted or to pay the expenses incurred, prior to 28 June 1978, by the Grand Council of the Crees (of Québec) for the general benefit of the Crees.

1978, c. 89, s. 69; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

Investment, use of compensation.

70. Where, in conformity with sections 68 and 69, the Board invests a portion of the compensation by the intermediary of legal persons or transfers a portion of it to companies, legal persons or other legal entities, they must invest these amounts or use them in conformity with the said sections.

1978, c. 89, s. 70; 1999, c. 40, s. 8.

71. The Board and the legal entities contemplated in sections 68 and 69 shall only use the compensation for community purposes and for other activities of general benefit to the Crees; these assets shall not be distributed except to bands or Cree villages, to be used only for the benefit of the Cree community and not for the personal benefit of any member of the Cree Nation Government.

1978, c. 89, s. 71; 1996, c. 2, s. 25; 2013, c. 19, s. 49.

72. For the purposes of this Division, moneys spent for the implementation of the Agreement with respect to the Crees by the Cree Nation Government are presumed to be moneys spent for an undertaking of general benefit to the Crees.

1978, c. 89, s. 72; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

73. The Cree Nation Government, and any other legal person or other legal entity contemplated in this Act, shall not distribute, in any way whatsoever, the compensation, or any other assets acquired with the compensation, to any individual as distinct from the community, pay any such person dividends, make gifts to him or otherwise benefit him by means of the compensation.

1978, c. 89, s. 73; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

Transfer or distribution of compensation.

74. No transfer or distribution of the compensation shall be made by the Board of Compensation to a legal entity, in accordance with the foregoing provisions, without a detailed budgetary forecast by that agency setting forth the amounts requested and the proposed use thereof.

1978, c. 89, s. 74; 1999, c. 40, s. 8.

Authorization.

75. Any transfer or distribution, as well as any contract respecting the compensation must be authorized by resolution of the Board.

1978, c. 89, s. 75.

76. The Board of Compensation may, when distributing the compensation, thereby benefit the Cree Nation Government. In such a case, the latter has the same obligations as any other agency benefiting by the compensation, as if it were a separate entity.

1978, c. 89, s. 76; 2013, c. 19, s. 49.

77. The compensation and the revenues therefrom, as well as the investments made therewith, must always be kept separately and apart from the other assets of the Cree Nation Government. For this purpose, a separate fund and separate accounts shall be maintained.

The financial statements of the Cree Nation Government shall include, with respect to the compensation, the information contemplated in Division IX.

1978, c. 89, s. 77; 2013, c. 19, s. 49.

78. The compensation and the revenues, as well as the investments made therewith, are only liable for debts and obligations relating directly to their investment and management. They do not form part of the common pledge in favour of the creditors at large of the Cree Nation Government and are unseizable except for debts and obligations relating directly to the management and investment of the compensation.

1978, c. 89, s. 78; 2013, c. 19, s. 49.

79. The Cree Nation Government shall annually, within the six months following the end of its first twenty fiscal years, file a copy of its financial statements with the Minister and with the Minister of Indian Affairs and Northern Development.

1978, c. 89, s. 79; 2013, c. 19, s. 49.

DIVISION VIII.1 
EEYOU PLANNING COMMISSION
2013, c. 19, s. 48.

79.1. The Cree Nation Government establishes the Eeyou Planning Commission and designates its members from among the members of the Cree communities.

The Commission acts, for the Cree Nation Government, as the regional land and natural resource commission provided for in section 21.17.1 of the Act respecting the Ministère des Affaires municipales, des Régions et de l'Occupation du territoire (chapter M-22.1).

2013, c. 19, s. 48; 2015, c. 8, s. 231.

79.2. The Eeyou Planning Commission prepares a draft regional land and resource use plan for Category II lands, in accordance with this division.

For the Cree Nation Government, the regional land and resource use plan constitutes the regional plan for integrated land and resource development provided for in section 21.17.2 of the Act respecting the Ministère des Affaires municipales, des Régions et de l'Occupation du territoire (chapter M-22.1).

2013, c. 19, s. 48.

79.3. In preparing the draft plan or an amended draft plan, the Commission consults the Cree Nation Government and the Cree communities as well as any other person it deems necessary.

It also consults the regional land and natural resource commission established by the Eeyou Istchee James Bay Regional Government in order to harmonize the draft plan, to the extent possible, with that commission's regional plan for integrated land and resource development.

2013, c. 19, s. 48.

79.4. The Commission holds at least one public consultation meeting on the draft plan.

The Commission must take the necessary measures to make public all the information on the matter submitted to consultation and any information allowing an interested person to participate in the public consultation.

2013, c. 19, s. 48.

79.5. Once the public consultation has been held, the Commission, if necessary, amends the draft plan in order to take account of the public consultation and takes the necessary measures to make it public.

2013, c. 19, s. 48.

79.6. The Commission submits the draft plan to the council of the Cree Nation Government.

After examining the draft plan, the council accepts it or asks the Commission, with reasons and in writing, to amend it.

The Commission, if applicable, amends the draft plan at the request of the Cree Nation Government and submits it to the council again for acceptance.

2013, c. 19, s. 48.

79.7. Once the draft plan has been accepted by the council of the Cree Nation Government, the council makes the plan public and sends it to the Minister of Natural Resources, together with the relevant documents concerning the process and the results of the consultations. The Minister may then approve the draft plan.

2013, c. 19, s. 48.

79.8. If the Minister fails to approve the draft plan submitted, a representative of the Cree Nation Government and a representative of the Minister of Natural Resources, designated by the deputy minister from among the members of the department's management staff, meet and review the draft plan together in order to arrive at a mutually satisfactory solution.

If a mutually satisfactory solution is arrived at, the Minister may approve the revised draft plan.

2013, c. 19, s. 48.

79.9. If the representatives fail to agree on the contents of the draft plan by the 90th day following the day the draft plan is sent to the Minister under section 79.7, the draft plan is sent to the Standing Liaison Committee established under Chapter 11 of the Agreement concerning a New Relationship between le Gouvernement du Québec and the Crees of Québec signed on 7 February 2002, approved by Order in Council 289-2002 dated 20 March 2002 and published in the Gazette officielle du Québec on 22 May 2002, in order to obtain a mutually satisfactory solution.

2013, c. 19, s. 48.

79.10. The Standing Liaison Committee makes its recommendations, whether unanimous or not, to the Cree Nation Government and the Minister of Natural Resources by the 90th day following the day the draft plan is sent to it under section 79.9.

2013, c. 19, s. 48.

79.11. After having informed the Minister of Natural Resources, the Cree Nation Government may have the draft plan amended in order to give effect to the recommendations of the Standing Liaison Committee.

The Cree Nation Government sends the amended draft plan to the Minister of Natural Resources for approval.

2013, c. 19, s. 48.

79.12. As soon as possible after receiving the recommendations of the Standing Liaison Committee in accordance with section 79.10, or, if applicable, after receiving the amended draft plan prepared in accordance with section 79.11, the Minister approves the draft plan or returns it to the Cree Nation Government so that it may be reviewed by the Eeyou Planning Commission.

If the draft plan is returned for review, the Minister's request must include the reasons, in writing, relating to health or public safety, the conservation or protection of the environment, or what are considered, by the Minister, to be unreasonable restrictions to public access to or to the development of land and resources.

2013, c. 19, s. 48.

79.13. If necessary, the Commission reviews the draft plan in light of the reasons expressed by the Minister under section 79.12, and submits a new draft plan to the council of the Cree Nation Government, which sends it to the Minister for approval.

2013, c. 19, s. 48.

79.14. The Minister of Natural Resources approves the draft plan or refuses to approve it, in which case the Minister must meet with the Cree Nation Government to explain and discuss the Minister's position before making a final decision.

2013, c. 19, s. 48.

79.15. The Cree Nation Government and the Minister of Natural Resources may enter into an agreement of the same nature as the agreement described in the third paragraph of section 21.17.2 of the Act respecting the Ministère des Affaires municipales, des Régions et de l'Occupation du territoire (chapter M-22.1) in order to ensure the plan's implementation and adapt the actions of the Gouvernement du Québec to the characteristics of the lands as defined by the plan.

The Cree Nation Government makes public the regional land and resource use plan approved by the Minister, as well as any other agreement referred to in the first paragraph.

2013, c. 19, s. 48.

DIVISION VIII.2 
LAND USE FOR CATEGORY II LANDS
2013, c. 19, s. 48.

79.16. Despite any provision to the contrary under Division III of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1), the following provisions apply to Category II lands included in a land use plan.

2013, c. 19, s. 48.

79.17. The Cree Nation Government is invited to take part in the development of any proposed land use plan which pertains to Category II lands.

2013, c. 19, s. 48.

79.18. As soon as a proposed land use plan is drawn up, the Minister of Natural Resources sends the proposed plan to the Cree Nation Government for its opinion.

2013, c. 19, s. 48.

79.19. The proposed plan may be submitted to the Gouvernement du Québec for approval after the expiry of 90 days from the date the proposed plan is sent to the Cree Nation Government. However, if the latter submits observations or proposed amendments to the Minister of Natural Resources within that time period, the proposed plan may not be submitted to the Gouvernement du Québec for approval until the expiry of the process provided for in sections 79.20 to 79.26 or until the Cree Nation Government gives notice in writing of its approval of the proposed plan.

2013, c. 19, s. 48.

79.20. The observations or proposed amendments submitted to the Minister of Natural Resources by the Cree Nation Government with respect to the proposed plan may, among others, take into account

 (1) the policy directions, principles and objectives determined by the Cree Nation Government in consultation with the Cree communities, and approved by the Gouvernement du Québec;

 (2) the special vocation of Category II lands for the Crees under the Agreement; and

 (3) the status of Category II lands as lands in the domain of the State, in accordance with the Agreement, concerning, in particular, public access to lands in the domain of the State and free circulation, having due regard to Cree harvesting rights and the use and occupancy of Category II lands.

2013, c. 19, s. 48.

79.21. The representative of the Cree Nation Government and the representative of the Minister of Natural Resources, designated by the deputy minister from among the members of the department's management staff, meet in order to review the observations or proposed amendments submitted by the Cree Nation Government and endeavor to arrive at a mutually satisfactory solution.

2013, c. 19, s. 48.

79.22. If, after 90 days from the date the Cree Nation Government submits its observations or proposed amendments, the representatives are unable to arrive at a mutually satisfactory solution, the matter is referred, in order to reach such a solution, to the Standing Liaison Committee established under Chapter 11 of the Agreement concerning a New Relationship between le Gouvernement du Québec and the Crees of Québec signed on 7 February 2002, approved by Order in Council 289-2002 dated 20 March 2002 and published in the Gazette officielle du Québec on 22 May 2002.

2013, c. 19, s. 48.

79.23. The Standing Liaison Committee makes its recommendations, whether unanimous or not, to the Cree Nation Government and the Minister of Natural Resources by the 90th day following the day the matter was referred to it under section 79.22.

2013, c. 19, s. 48.

79.24. Upon receipt of the Standing Liaison Committee's recommendations, the Minister of Natural Resources must, as soon as possible,

 (1) apply all of the recommendations and submit the plan to the Gouvernement du Québec for approval; or

 (2) failing that, send the Cree Nation Government and the Standing Liaison Committee the Minister's conclusions on the recommendations, together with written reasons, that may take into account, among other things, health or public safety, the conservation or protection of the environment, or what are considered, by the Minister, to be unreasonable restrictions to public access to or the development of land and resources.

2013, c. 19, s. 48.

79.25. Within 30 days after the conclusions of the Minister of Natural Resources are sent under paragraph 2 of section 79.24, the Cree Nation Government re-examines its observations and proposed amendments regarding the plan in light of the reasons expressed in writing by the Minister of Natural Resources and may send the Minister its final observations.

2013, c. 19, s. 48.

79.26. If the Minister of Natural Resources does not give effect to the final observations of the Cree Nation Government, the Minister must, within 30 days of the expiry of the 30-day period mentioned in section 79.25 and before making a final decision, meet with the Cree Nation Government to explain and discuss the Minister's position. At the expiry of the 30-day period, the Minister may submit the plan to the Gouvernement du Québec for approval.

2013, c. 19, s. 48.

DIVISION IX 
BOOKS, RECORDS AND FINANCIAL STATEMENTS; APPROPRIATIONS

80. The fiscal year of the Cree Nation Government begins on 1 April of each year.

However, the Council may, by by-law approved at a special general meeting of the members of the Cree Nation Government called for this purpose, change the date of the beginning of the fiscal year.

For the first year, the fiscal year of the Cree Nation Government commences on 28 June 1978, and ends on 31 March following.

1978, c. 89, s. 80; 2013, c. 19, s. 49.

Budget.

81. The Council shall adopt each year a general balanced budget for the next fiscal year. The Council may, during the fiscal year, adopt by resolution any supplementary budget which it deems necessary.

1978, c. 89, s. 81.

Preparation of budgets.

82. The Council may enact by-laws dealing with the preparation of budgets, with budget appropriations and with the disposition of unexpended appropriations.

1978, c. 89, s. 82.

83. The Cree Nation Government shall cause to be kept proper books of account and proper financial records.

These books of account and financial records shall facilitate a comparison with the budget, as well as with any supplementary budget, and shall include, at least:

 (a) all sums of money received and disbursed, and the matters in respect of which the receipts and disbursements took place;

 (b) revenues and expenditures;

 (c) assets and liabilities;

 (d) all other transactions affecting or which may affect its financial position.

These books and records are accessible to any member of the Board and of the Council who wishes to examine them.

1978, c. 89, s. 83; 2013, c. 19, s. 49.

Certificate from treasurer.

84. No resolution or by-law of the Council or of the Board authorizing or recommending the expenditure of moneys from a fund has effect without a certificate from the treasurer attesting that there are available moneys for the purposes contemplated by that resolution or by-law.

1978, c. 89, s. 84.

Public tenders.

85. Unless it involves an expenditure of less than $50,000, and subject to any preferential provisions in the Agreement relating to the Crees, every contract for the performance of work or the supply of equipment or materials or the providing of services other than professional services shall not be awarded by the Council except after a call for public tenders. The Council shall establish, by by-law, the procedures and requirements relating to the calling of tenders and awarding of contracts.

1978, c. 89, s. 85.

86. The financial statements of the Cree Nation Government shall be drawn up in a comparative form and include, among other things:

 (a) a balance sheet;

 (b) a statement of revenues and expenditures as well as a comparison with the amounts contemplated in the budget, including the supplementary budgets;

 (c) any additional information that may be required for a fair presentation of the financial position of the Cree Nation Government;

 (d) a list of all the investments and their respective book-values and, if applicable, their market values at the end of the fiscal year;

 (e) any investment in default as to payment of principal or interest.

1978, c. 89, s. 86; 2013, c. 19, s. 49.

87. Every balance sheet shall be drawn up so as to distinguish severally at least the following classes of assets and liabilities, namely:

 (a) cash;

 (b) debts owing to the Cree Nation Government by its debtors;

 (c) debts owing to the Cree Nation Government by its members and officers;

 (d) deferred and prepaid expenses;

 (e) movable and immovable property;

 (f) incorporeal assets;

 (g) debts owing by the Cree Nation Government secured by mortgage or other lien upon its property;

 (h) indirect and contingent liabilities.

1978, c. 89, s. 87; 2013, c. 19, s. 49.

88. A copy of the financial statements, of the report of the auditors and of the annual reports of the Council and of the Board of Compensation are available to each member of the age of majority of the Cree Nation Government upon request, and must be sent to each member of the Council and of the Board of Compensation as soon as they are completed.

1978, c. 89, s. 88; 2013, c. 19, s. 49.

89. The Council and the Board approve by resolution those parts of the financial statements of the Cree Nation Government which deal with their areas of competence, and such approval is evidenced in the financial statements by the respective signatures of two duly authorized representatives of the Council and the Board.

1978, c. 89, s. 89; 2013, c. 19, s. 49.

DIVISION X 
AUDITORS

90. The Cree Nation Government must, at each annual general meeting, appoint an auditor or auditors for the year in progress and fix their remuneration or authorize the Council to do so.

1978, c. 89, s. 90; 2013, c. 19, s. 49.

91. If no appointment of auditors is made at the annual general meeting, the Council appoints them. Should the Council not appoint them, the Minister, on the application of a member of the age of majority of the Cree Nation Government, appoints them and fixes their remuneration.

1978, c. 89, s. 91; 2013, c. 19, s. 49.

Vacancy.

92. The Council must fill any vacancy in the office of auditor; however, while any such vacancy continues, the auditor or auditors still in office, if any, shall continue to act.

1978, c. 89, s. 92.

93. The auditors must make a report to the members of the Cree Nation Government on the accounts examined by them and on every balance sheet laid before the annual general meeting of the Cree Nation Government during their term of office. This report must state:

 (a) whether or not they have obtained all the information and explanations they have required; and

 (b) whether the balance sheet referred to in the report is drawn up so as to present fairly the financial position of the Cree Nation Government, according to the information and the explanations given to them, and as shown by the relevant books.

1978, c. 89, s. 93; 2013, c. 19, s. 49.

94. The auditors may require from the present or former members, officers, employees and other agents of the Council or of the Board of Compensation, such information and explanations as are necessary.

The auditors have access to the registers, documents, books, minutes, accounts and vouchers of the Cree Nation Government and of each of its subsidiaries contemplated in sections 68 and 69.

1978, c. 89, s. 94; 2013, c. 19, s. 49.

95. The minutes of the meetings of the Cree Nation Government, of the Council, of the Board of Compensation and of the executive committee, are entered in books kept for that purpose by the secretary of the Cree Nation Government; they must be signed by the chairman and secretary of the meeting; such minutes, except those of the executive committee, are available to all the members of the Cree Nation Government.

1978, c. 89, s. 95; 2013, c. 19, s. 49.

96. The minutes approved and signed in accordance with section 95 are taken as proof of their contents. The same rule applies to documents and copies emanating from the Cree Nation Government and forming part of its records, when certified by the secretary of the Cree Nation Government.

1978, c. 89, s. 96; 2013, c. 19, s. 91.

97. The Cree Nation Government must cause to be kept by its secretary a book or books, wherein shall be kept recorded:

 (a) a copy of all the by-laws of the Cree Nation Government;

 (b) the names of all the members of the age of majority of the Cree Nation Government taken from the lists established for each of the communities in accordance with the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1);

 (c) the names, addresses and occupations of those who are or who have been either the chairman, vice-chairman, members of the Council, members of the Board of Compensation, or officers of the Cree Nation Government, with the various dates at which each held or ceased to hold such office.

All interested parties who so wish may examine these books.

1978, c. 89, s. 97; 2013, c. 19, s. 49.

DIVISION XI  Repealed, 2013, c. 19, s. 50.
2013, c. 19, s. 50.

98. (Repealed).

1978, c. 89, s. 98; 2013, c. 19, s. 50.

99. (Repealed).

1978, c. 89, s. 99; 2013, c. 19, s. 50.

100. (Repealed).

1978, c. 89, s. 100; 2013, c. 19, s. 50.

101. (Repealed).

1978, c. 89, s. 101; 2013, c. 19, s. 50.

102. (Repealed).

1978, c. 89, s. 102; 2013, c. 19, s. 50.

103. (Repealed).

1978, c. 89, s. 103; 2013, c. 19, s. 50.

104. (Repealed).

1978, c. 89, s. 104; 2013, c. 19, s. 50.

105. (Repealed).

1978, c. 89, s. 105; 2013, c. 19, s. 50.

DIVISION XII 
FINAL PROVISIONS

106. (Repealed).

1978, c. 89, s. 106; 2013, c. 19, s. 50.

107. No winding-up or dissolution of the Cree Nation Government may take place without the prior approval of the Government of the plan of distribution of the assets, after payment of the liabilities of the Cree Nation Government, to the Cree villages, to be used for the benefit of the Cree communities and not for the personal benefit of any member of the Cree Nation Government.

1978, c. 89, s. 107; 1996, c. 2, s. 22; 2013, c. 19, s. 49.

108. The Cree Nation Government constitutes the Cree Nation Government and the legal entity contemplated respectively by Sections 11A and 26 of the Agreement. Any reference in the Agreement to the Cree legal entity, or in any other act or document to which the Government is a party, means the Cree Nation Government acting through the intermediary of the Board of Compensation.

1978, c. 89, s. 108; 2013, c. 19, s. 49.

109. (Repealed).

1978, c. 89, s. 109; 2013, c. 19, s. 50.

110. No Inuit member of the Cree Village of Chisasibi may vote in the election of the representative of that village provided for in section 23, or sit as a member in any capacity whatsoever on the Council of the Cree Nation Government.

If an Inuit member of that village is the village's mayor, the Cree members of the village council must designate one of their number to sit on the Council of the Cree Nation Government in place of the mayor.

1978, c. 89, s. 110; 1996, c. 2, s. 23; 2013, c. 19, s. 49.

111. Section 24 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and section 3.12 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) do not apply to the Cree Nation Government nor to any of the legal persons and other legal entities contemplated by Division VIII.

1978, c. 89, s. 111; 1985, c. 30, s. 21; 1988, c. 41, s. 37; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1999, c. 40, s. 8; 2013, c. 19, s. 49.

112. The Government designates any minister it determines to be responsible for the application of this Act.

1978, c. 89, s. 112; 2013, c. 19, s. 51.

The Minister responsible for Native Affairs is responsible for the application of this Act. Order in Council 385-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1883.

113. (Omitted).

1978, c. 89, s. 113.

114. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE  

(Section 68)

AUTHORIZED INVESTMENTS

 (1) Bonds or other evidences of indebtedness issued or guaranteed by the government of Québec, of Canada or a province of Canada, of the United States of America or of any state of that country, by the International Bank of Reconstruction and Development, by a municipality, by a school board in Canada or by the Comité de gestion de la taxe scolaire de l'île de Montréal, or by a fabrique in Québec;

 (2) Bonds or other evidences of indebtedness issued by a public authority having as its object the operation of a public service in Canada or any province thereof and entitled to impose a tariff for such service;

 (3) Bonds or other evidences of indebtedness secured by the transfer to a trustee of an undertaking by Canada or any province of Canada to pay sufficient subsidies to meet the interest and principal at their respective maturities;

 (4) The bonds or other evidences of indebtedness of a legal person that are fully secured by a mortgage, charge or hypothec ranking first to a trustee or to the Cree Nation Government upon any, or upon any combination, of the following assets:

(i)  landed property or leaseholds;

(ii)  the plant or equipment of a legal person that is used in the transaction of its business; or

(iii)  bonds or other evidences of indebtedness, or shares of a class authorized hereunder as investments, or cash balances, if such bonds or other evidences of indebtedness, shares or cash balances are held by a trustee;

and the inclusion, as additional security under the mortgage, charge or hypothec, of any other assets not of a class authorized hereunder as investments shall not render such bonds or other evidences of indebtedness ineligible as an investment;

 (5) Obligations or certificates issued by a trustee to finance the purchase of transportation equipment for a legal person constituted in Canada or the United States to be used on airlines, railways or public highways, if the obligations or certificates are fully secured by:

(i)  an assignment of the transportation equipment to, or the ownership thereof by, the trustee, and

(ii)  a lease or conditional sale thereof by the trustee to the legal person;

 (6) The bonds or other evidences of indebtedness:

(i)  of a legal person if, at the date of investment, the preferred shares or the common shares of the legal person are authorized as investments by paragraph 8 or 9; or

(ii)  of or guaranteed by a legal person where the earnings of the legal person in a period of five years ended less than one year before the date of investment in a trust have been equal in sum total to at least ten times and in each of any four of the five years have been equal to at least one and one half times the annual interest requirements at the date of investment in a trust on all indebtedness of or guaranteed by it other than indebtedness classified as a current liability under generally accepted accounting principles in the balance sheet of the legal person; and if the legal person at the date of investment owns directly or indirectly more than 50% of the common shares of another legal person, the earnings of the legal person during the said period of five years may be consolidated with due allowance for minority interests, if any, and in that event the interest requirements of the legal persons shall be consolidated and such consolidated earnings and consolidated interest requirements shall be deemed to be the earnings and interest requirements of the legal person; and for the purpose of this subparagraph, “earnings” means earnings available to meet interest charges on indebtedness other than indebtedness classified as a current liability under generally accepted accounting principles;

 (7) Guaranteed investment certificates issued by a trust company constituted as a legal person in Canada if, at the date of investment, the preferred shares or the common shares of the trust company are authorized as investments by paragraph 8 or 9 or certificates of deposit and bearer discount notes of any Canadian chartered bank or of any financial services cooperative;

 (8) The preferred shares of a legal person if

(i)  the legal person has paid a dividend in each of the five years immediately preceding the date of investment at least equal to the specified annual rate upon all of its preferred shares, or

(ii)  the common shares of the legal person are, at the date of investment, authorized as investments by paragraph 9;

 (9) The fully paid common shares of a legal person that during a period of five years that ended less than one year before the date of investment has either

(i)  paid a dividend in each such year upon its common shares, or

(ii)  had earnings in each such year available for the payment of a dividend upon its common shares

of at least 4% of the average value at which the shares were carried in the capital stock account of the legal person during the year in which the dividend was paid or in which the legal person had earnings available for the payment of dividends, as the case may be;

 (10) Landed property or leaseholds for the production of income in Canada, if

(i)  a lease of the landed property or leasehold is made to, or guaranteed by,

A
  the government of Canada or any of the provinces, or an agency of the said governments, or

B
  a legal person, the preferred shares or common shares of which are, at the date of investment, authorized as investments by paragraph 8 or 9;

(ii)  the lease provides for a net revenue sufficient to yield a reasonable interest return during the period of the lease and to repay at least 85% of the amount invested in the landed property or leasehold within the period of the lease but not exceeding 30 years from the date of investment, and

(iii)  the total investment of the Cree Nation Government made pursuant to this Schedule in any one parcel of landed property or in any one leasehold does not exceed 2% of the book value of the total assets of the Cree Nation Government managed by the Board of Compensation;

and the Cree Nation Government may hold, maintain, improve lease, sell or otherwise convey or dispose of the landed property or leasehold;

 (11) Landed property or leaseholds for the production of income in Canada, if

(i)  the landed property or leasehold has produced, in each of the three years immediately preceding the date of investment, net revenue in an amount that, if continued in future years, would be sufficient to yield a reasonable interest return on the amount invested in the landed property or leasehold and to repay at least 85% of that amount within the remaining economic lifetime of the improvements to the landed property or leasehold but not exceeding 40 years from the date of investment, and

(ii)  the total investment of the Cree Nation Government made pursuant to this Schedule in any one parcel of landed property or in any one leasehold does not exceed 2% of the book value of the total assets of the Cree Nation Government managed by the Board of Compensation;

and the Cree Nation Government may hold, maintain, improve, lease, sell or otherwise convey or dispose of the landed property or leasehold;

 (12) Debts secured by mortgages, charges and hypothecs, upon improved landed property or leaseholds in Canada, notwithstanding that the amount paid for such debts so secured by mortgage, charge or hypothec exceeds three-fourths of the value of the landed property or leasehold, if the loan for which the mortgage, charge or hypothec is secured is an approved loan or an insured loan under the National Housing Act (Revised Statutes of Canada, 1985, chapter N-11) or any equivalent provincial legislation;

 (13) Debts secured by hypothec or mortgage on landed property in Canada:

(i)  if payment of principal and interest is guaranteed or assured by the governments of Canada or of any province of Canada or any public authority therein, or

(ii)  if the hypothec or mortgage ranks first and the amount of the debt is not more than 80% of the value of the landed property securing payment thereof;

 (14) Where the Cree Nation Government owns securities of a legal person and as a result of a bona fide arrangement for the reorganization or liquidation of the legal person or for the amalgamation of the legal person with another legal person, such securities are to be exchanged for bonds or other evidences of indebtedness or shares not authorized as investments by the foregoing provisions of this Schedule, the Cree Nation Government may accept such bonds or other evidences of indebtedness or shares;

 (15) The total book value of the investments of the Cree Nation Government made pursuant to this Schedule in common shares shall not exceed 50% of the book value of the total assets of the Cree Nation Government managed by the Board of Compensation;

 (16) The total book value of the investments of the Cree Nation Government made pursuant to this Schedule in landed property or leaseholds for the production of income shall not exceed 10% of the book value of the total assets of the Cree Nation Government managed by the Board of Compensation;

 (17) The Cree Nation Government shall not invest any of its funds managed by the Board of Compensation in bonds or other evidences of indebtedness on which payment of principal or interest is in default;

 (18) In order to secure total or partial payment of any amount owed to it, the Cree Nation Government may acquire and dispose of the landed property which secures such payment, and such landed property shall not be included in the restrictions pursuant to paragraph 10, 11 or 16;

 (19) The Cree Nation Government may invest its funds managed by the Board of Compensation otherwise than as authorized in the present Schedule provided that the total amount of such investment does not exceed 7% of the book value of the total assets of the Cree Nation Government managed by the Board of Compensation and that, in the case of investment in landed property, the total investment in landed property consisting of a single undertaking does not exceed 1% of the book value of the total assets of the Cree Nation Government managed by the Board of Compensation.

1978, c. 89, Schedule; 1988, c. 84, s. 542; 1996, c. 2, s. 24; 1999, c. 40, s. 8; 2000, c. 29, s. 616; 2002, c. 75, s. 33; 2007, c. 16, s. 5; 2013, c. 19, s. 49.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 89 of the statutes of 1978, in force on 1 June 1979, is repealed effective from the coming into force of chapter A-6.1 of the Revised Statutes.

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