C-67.1, r. 1 - Regulation respecting eligibility for the benefits of the Northeastern Québec Agreement

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chapter C-67.1, r. 1
Regulation respecting eligibility for the benefits of the Northeastern Québec Agreement
NORTHEASTERN QUÉBEC AGREEMENT — ELIGIBILITY FOR BENEFITS
Act approving the Northeastern Québec Agreement
(chapter C-67.1, s. 2).
C-67.1
September 1 2012
DIVISION I
INTERPRETATION
1. In this Regulation, unless the context indicates otherwise, the following terms mean:
(a)  “adoption”: the adoption of a child who is a minor, made in accordance with the adoption laws of any of the provinces of Canada or the customs of the Naskapi in the Territory;
(b)  “local officer”: an officer appointed in accordance with section 28;
(c)  “local enrollment committee”: a committee whose members are appointed in accordance with section 14;
(d)  “Enrollment Commission” or “Commission”: the Enrollment Commission established by this Regulation;
(e)  “Québec Native Appeal Board”: the appeal board established by the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1);
(f)  “Naskapi community”: a group in the Territory, made up of all members of the Naskapi band, within the meaning of the Indian Act (R.S.C. 1985, c. I-5), as well as any other person entitled to be enrolled as a beneficiary of the Agreement and recognized by the band as belonging to this group;
(g)  “Agreement”: the agreement tabled in the National Assembly on 18 April 1978 as Sessional Document No. 113;
(h)  “Agreement concerning James Bay and Northern Québec”: the agreement tabled in the National Assembly on 9 June 1976 as Sessional Documents Nos. 101 and 102;
(i)  “Indian Act”: the Indian Act (R.S.C. 1985, c. I-5);
(j)  “minor”: an unmarried person under 18 years of age;
(k)  “recognition by the community”: a resolution approved by the majority of the Naskapi band council members;
(l)  “Secretary General”: the person in charge of the Registre de la population of the Ministère de la Santé et des Services sociaux;
(m)  “Territory”: the Territory referred to in the Agreement.
R.R.Q., 1981, c. C-67.1, r. 1, s. 1.
DIVISION II
ENROLLMENT COMMISSION
2. An Enrollment Commission is established and entrusted with drawing up an official list of the persons entitled to be enrolled in accordance with the criteria in this Regulation to benefit from the rights, privileges and benefits granted by the Agreement.
R.R.Q., 1981, c. C-67.1, r. 1, s. 2.
3. The Enrollment Commission is composed of the following members:
(a)  1 person appointed by the Naskapi band council;
(b)  1 person appointed by the Gouvernement du Québec;
(c)  1 person appointed by the Government of Canada.
R.R.Q., 1981, c. C-67.1, r. 1, s. 3.
4. Members of the Enrollment Commission who are not civil servants are entitled to a fixed remuneration of $100 for each day spent attending Commission meetings as well as to their travelling expenses to attend these meetings.
R.R.Q., 1981, c. C-67.1, r. 1, s. 4.
5. The chairman of the Enrollment Commission is chosen from among its members and elected by them.
R.R.Q., 1981, c. C-67.1, r. 1, s. 5.
6. The majority of the members constitutes a quorum at Enrollment Commission meetings.
R.R.Q., 1981, c. C-67.1, r. 1, s. 6.
7. The Enrollment Commission may:
(a)  determine the places and dates of its sittings;
(b)  fix the deadline for receiving the list drawn up by the local enrollment committee;
(c)  set down its rules of procedure and evidence;
(d)  in order to carry out its functions, duties and obligations, make contracts, purchase movable property, hire the necessary personnel on a contractual basis, and issue, endorse and discount negotiable bills, using the appropriations granted to it.
R.R.Q., 1981, c. C-67.1, r. 1, s. 7.
8. The accounts of the Enrollment Commission are audited by the Auditor General of Québec once a year or, in addition, whenever so ordered by the Government.
R.R.Q., 1981, c. C-67.1, r. 1, s. 8.
DIVISION III
ELIGIBILITY
9. A person is eligible to be enrolled as a beneficiary under the Agreement and entitled to benefit therefrom if on 30 June 1977 he was:
(a)  under the Indian Act (R.S.C. 1985, c. I-5), a member or entitled to be a member of the Naskapi band;
(b)  of Naskapi ancestry and ordinarily residing in the Territory;
(c)  of Naskapi or Indian ancestry and recognized by the Naskapi community as having been one of its members;
(d)  the child, even if adopted, of a person referred to in paragraph a, b or c.
R.R.Q., 1981, c. C-67.1, r. 1, s. 9.
10. On or after 1 July 1977, a person is eligible to be enrolled as a beneficiary under the Agreement and entitled to benefit therefrom as a member of the Naskapi community if he is:
(a)  the legitimate or illegitimate descendant on the paternal or maternal side of a person eligible to be enrolled under section 9 or 11;
(b)  the adopted child of a person referred to in section 9 or paragraph a of this section provided the child was a minor at the time of adoption.
R.R.Q., 1981, c. C-67.1, r. 1, s. 10.
11. Six months after the official list referred to in paragraph b of section 16 is posted, the Naskapi band council may, at its discretion, direct the Secretary General to enroll a person of Naskapi ancestry as a beneficiary under the Agreement and as a person entitled to benefit therefrom provided he:
(a)  was born in the Territory; or
(b)  ordinarily resides in the Territory; and
(c)  would have been entitled to be enrolled with his descendants under section 9 or 10 but, through inadvertence or otherwise, was omitted from the official list of beneficiaries drawn up by the Enrollment Commission in accordance with paragraph a of section 16.
The provisions of this section do not prevent a person omitted from the official list of beneficiaries drawn up by the Enrollment Commission from exercising his right to appeal under Division V.
R.R.Q., 1981, c. C-67.1, r. 1, s. 11.
12. In the event a person referred to in sections 9 to 11 is absent from the Territory for 10 consecutive years, domiciled outside the Territory, he is not entitled to exercise his rights or receive benefits under the Agreement. Upon reestablishing his domicile in the Territory, he may again exercise his rights and receive benefits under the Agreement.
R.R.Q., 1981, c. C-67.1, r. 1, s. 12.
13. No person may be enrolled both on the Naskapi list made in accordance with the Northeastern Québec Agreement and another of the lists made in accordance with the Agreement concerning James Bay and Northern Québec. In addition, a person qualified to be enrolled on more than one list made in accordance with the Agreement concerning James Bay and Northern Québec and this Agreement must, upon the request of the Secretary General, indicate to him on which list he wishes to be enrolled; failing this, the Secretary General makes the choice in his place. Where a person enrolled on a list made in accordance with the Agreement concerning James Bay and Northern Québec is notified by the Secretary General that he is qualified to be enrolled on the Naskapi list and where the person does not follow up on the notice, he then remains enrolled on the Cree or Inuit list.
R.R.Q., 1981, c. C-67.1, r. 1, s. 13.
DIVISION IV
PROCEDURE
14. The Naskapi community must, through its band council, designate 3 resident members to be appointed by the Enrollment Commission to constitute a local enrollment committee. The local enrollment committee ceases to exist simultaneously with the cessation of the Enrollment Commission in accordance with section 18. Despite the preceding, if the local committee has not been formed 1 month after approval of the Agreement, the Enrollment Commission must then exercise all the duties and functions of the local enrollment committee and must conduct the enrollment.
R.R.Q., 1981, c. C-67.1, r. 1, s. 14.
15. The local enrollment committee must:
(a)  publicize and provide information on the enrollment process to members of the Naskapi community;
(b)  supply an application form to any person wishing to be enrolled;
(c)  receive applications for enrollment;
(d)  draw up a list of all persons who, in its opinion, are entitled to be enrolled under Division III;
(e)  certify and forward the list to the Enrollment Commission on or before the deadline fixed by the latter;
(f)  draw up a list of all applicants who have been refused enrollment and forward that list together with all relevant information and documentation to the Enrollment Commission;
(g)  transmit the information to the Enrollment Commission and carry out the particular tasks required by the Commission within the time limit it sets.
R.R.Q., 1981, c. C-67.1, r. 1, s. 15.
16. The Enrollment Commission must:
(a)  draw up an official list of persons entitled to be enrolled in accordance with the criteria established in sections 9 and 10;
(b)  by 31 January 1979 certify, publish and distribute the official list, sending a copy to the Naskapi band council; have a copy posted in the Naskapi community in a public place ordinarily used for this purpose;
(c)  assist the local enrollment committee in carrying out its duties and functions;
(d)  prepare and provide any information and forms the local enrollment committee may need for the enrollment;
(e)  refer to the local enrollment committee any applications for enrollment submitted directly to the Commission by individuals;
(f)  review the list submitted by the local enrollment committee in accordance with paragraphs d, e and f of section 15, adding to it or deleting from it the names of persons who may or may not be entitled to be enrolled under Division III;
(g)  notify the local enrollment committee of all names added to or deleted from the list prepared by the committee;
(h)  notify each applicant whose name is not on the official list and each person whose name has been added to or deleted from the list, informing them of the reason for the Enrollment Commission’s decision and of their right to appeal.
R.R.Q., 1981, c. C-67.1, r. 1, s. 16.
17. Where the Commission ascertains that the local enrollment committee is not able to carry out the duties and functions prescribed in section 15 by the fixed date, or that the committee has neglected to carry them out, it may exercise any or all of the duties and functions of that committee.
R.R.Q., 1981, c. C-67.1, r. 1, s. 17.
18. Within 1 month of the publication and posting of the official list or of the notifications mentioned in paragraph h of section 16, whichever is the later, the Commission deposits a copy of the official list with the Secretary General and the Minister of Indian Affairs and Northern Development, and all its official records and documents with the Secretary General. The Enrollment Commission then immediately ceases to exist.
R.R.Q., 1981, c. C-67.1, r. 1, s. 18.
DIVISION V
APPEAL
19. The Québec Native Appeal Board hears appeals in accordance with this Division.
R.R.Q., 1981, c. C-67.1, r. 1, s. 19.
20. Within 6 months of the time the official list of beneficiaries is posted, in accordance with paragraph b of section 16, an appeal may be lodged before the Québec Native Appeal Board to correct any omission, inclusion, exclusion or deletion of a person’s name on the list.
R.R.Q., 1981, c. C-67.1, r. 1, s. 20.
21. Within 6 months after the Secretary General gives notice of adding or deleting a person’s name to or from the Naskapi register or refusing to include a person’s name, an appeal may be lodged against his decision before the Québec Native Appeal Board.
R.R.Q., 1981, c. C-67.1, r. 1, s. 21.
22. Only 1 appeal referred to in this Division may be lodged.
R.R.Q., 1981, c. C-67.1, r. 1, s. 22.
23. The following persons may appeal to the Québec Native Appeal Board in accordance with sections 20 and 21:
(a)  a person whose name has been omitted from, included in, excluded or deleted from the list;
(b)  a person whose name has been added to or deleted from the Naskapi register;
(c)  a person whose application has been refused by the Secretary General;
(d)  the Naskapi band council until creation of the local Naskapi government under Chapter 8 in the Agreement, and later, the local Naskapi government or its successor.
The Minister of Indian Affairs and Northern Development must be notified by the Secretary General of all appeals under this Division and has the right to intervene on his own behalf, or, at the request of the appellant, on the appellant’s behalf.
R.R.Q., 1981, c. C-67.1, r. 1, s. 23.
DIVISION VI
ENROLLMENT OF BENEFICIARIES
24. A general secretariat is established within the Ministère de la Santé et des Services sociaux and administered by the Secretary General.
R.R.Q., 1981, c. C-67.1, r. 1, s. 24.
25. When the official lists have been filed by the Enrollment Commission with the Secretary General in accordance with section 18, the latter must keep a Naskapi register in which the names of the persons entitled to be enrolled in accordance with this Regulation are recorded.
R.R.Q., 1981, c. C-67.1, r. 1, s. 25.
26. The Naskapi register indicates the date on which each name was added or deleted.
R.R.Q., 1981, c. C-67.1, r. 1, s. 26.
27. The Secretary General may at any time add to or delete from the Naskapi register the name of any person entitled or not entitled under this Regulation to have his name included on the register.
R.R.Q., 1981, c. C-67.1, r. 1, s. 27.
28. A qualified person from the Naskapi community is appointed by the Government as the local registry officer.
R.R.Q., 1981, c. C-67.1, r. 1, s. 28.
29. The local registry officer keeps and updates the Naskapi community list and immediately notifies the Secretary General of all changes in the list necessitating changes in the Naskapi register.
R.R.Q., 1981, c. C-67.1, r. 1, s. 29.
REFERENCES
R.R.Q., 1981, c. C-67.1, r. 1