M-35.1.2 - Act to ensure the implementation of the Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Québec

Full text
chapter M-35.1.2
Act to ensure the implementation of the Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Québec
AGREEMENT BETWEEN LE GOUVERNEMENT DU QUÉBEC AND THE CREESJune 13 2002June 13 2002
WHEREAS on 7 February 2002 le Gouvernement du Québec, the Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority entered into the Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Québec;
WHEREAS that agreement was approved by le Gouvernement du Québec on 20 March 2002 by Order in Council 289-2002 and was published in French and English in Part 2 of the Gazette officielle du Québec of 22 May 2002;
WHEREAS le Gouvernement du Québec has undertaken to table in the National Assembly the legislation necessary to the implementation of the Agreement as well as complementary Conventions to be annexed thereto and amending Québec’s general law or special Acts accordingly;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
Not in force
CHAPTER I
CREE DEVELOPMENT CORPORATION
Not in force
1. For the purposes of this chapter,
(1)  Cree Nation Government means the legal person constituted by the Act respecting the Cree Nation Government (chapter G-1.031);
(2)  Crees or James Bay Crees means the Cree beneficiaries under the terms of the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1);
(3)  Territory means the territory referred to in section 2 of the Act respecting Cree, Inuit and Naskapi Native persons.
2002, c. 25, s. 1; 2013, c. 19, s. 91.
Not in force
2. There shall be established under the name of “Cree Development Corporation”, a legal person in the public interest with share capital, dedicated to the economic and community development of the James Bay Crees and having the particular objects of
(1)  supporting the long-term development of each Cree community ;
(2)  developing an original Cree expertise in the field of economic development and the management of development funds ;
(3)  promoting and accelerating job creation for the Crees in the Territory ;
(4)  making the Crees active partners of Québec in the economic development of the Territory ;
(5)  assisting, promoting and encouraging the creation, diversification or development of businesses, resources, properties and industries with a view to stimulating economic opportunities for James Bay Crees and contributing to their general economic well-being ; and
(6)  facilitating the establishment of partnerships between the Crees and Québec as well as with public and private enterprises for the carrying out of development activities in the Territory.
2002, c. 25, s. 2.
Not in force
3. In the pursuit of its mission, the Corporation may in particular
(1)  invest in any undertakings in order to create, maintain or protect jobs for James Bay Crees;
(2)  promote the training of James Bay Crees in economic matters and enable them to increase their influence on the economic development of the Crees and of Québec;
(3)  stimulate the economy of the James Bay Crees by making strategic investments that will be of benefit to Cree enterprises and Cree workers;
(4)  promote the development of Cree enterprises by inviting any government and any person, partnership or association to participate in that development by subscribing shares of funds that it may set up for such specific or general purposes;
(5)  offer financial products deemed appropriate according to the projects involved, such as loans with or without a guarantee, acquisition of financial interests through acquisition of shares, bonds or other securities, grants, loan guarantees and other financial products;
(6)  make loans or grants for the carrying out of social or community development projects; and
(7)  manage funds, assets, programs or activities at the request of the Cree Nation Government, Québec or Canada.
2002, c. 25, s. 3; 2013, c. 19, s. 91.
Not in force
4. The Corporation may be designated under the name, in Cree, of “Wiikaapuu Companee” and, in English, of “Cree Development Corporation”.
2002, c. 25, s. 4.
Not in force
5. The head office of the Corporation shall be located on Cree Category IA lands as defined in Chapter I of Title III of the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), at the place determined by the board of directors. Notice of the location or any change of location of the head office shall be published in the Gazette officielle du Québec.
2002, c. 25, s. 5.
Not in force
6. The affairs of the Corporation shall be administered by a board of directors composed of 11 members, as follows :
(1)  the Chairperson of the Corporation, who is a member by virtue of office and has two votes at meetings of the board;
(2)  five members appointed by the Cree Nation Government for a three-year term, each having two votes; and
(3)  five members appointed by the Government for a three-year term, each having one vote.
The members of the board of directors have the same number of votes at meetings of a committee of the board.
On the expiry of their terms, the members of the board of directors referred to in subparagraphs 2 and 3 of the first paragraph shall remain in office until replaced or reappointed. If an office of director is vacant, the vacancy shall be filled in accordance with the rules of appointment provided in the first paragraph, for the unexpired portion of the term of the member to be replaced.
2002, c. 25, s. 6; 2013, c. 19, s. 91.
Not in force
7. The Chairperson of the Corporation shall be appointed for a four-year term by the Cree Nation Government after consultation with the Government. On the expiry of the Chairperson’s term, the Chairperson shall remain in office until replaced or reappointed.
2002, c. 25, s. 7; 2013, c. 19, s. 91.
Not in force
8. Any change in the number of members of the board of directors must be approved by the Cree Nation Government and the Government and shall not operate to confer on all the members appointed pursuant to subparagraph 3 of the first paragraph of section 6 a number of votes equal to or greater than the number of votes exercised by all the members appointed pursuant to subparagraphs 1 and 2 of that paragraph.
Notice of the change must be published in the Gazette officielle du Québec, with an indication of the number of votes exercised by each member of the board of directors.
2002, c. 25, s. 8; 2013, c. 19, s. 91.
Not in force
9. A member of the board of directors present at a board meeting is deemed to have acquiesced in all the resolutions adopted and all the actions taken, except if the member’s dissent, as the case may be,
(1)  is recorded in the minutes, whether or not requested by the member ;
(2)  is the subject of a notice in writing sent to the secretary before the meeting is adjourned ; or
(3)  is notified, or is the subject of a notice in writing sent by registered mail, to the head office of the Corporation immediately after the meeting is adjourned.
2002, c. 25, s. 9.
Not in force
10. The costs and expenses of the members of the board of directors of the Corporation shall be assumed by the party that appointed them.
2002, c. 25, s. 10.
Not in force
11. In addition to the provisions of Part II of the Companies Act (chapter C-38) that are not inconsistent with the provisions of this chapter, sections 89.1 to 89.4, 123.66 to 123.69 and section 123.96 of that Act apply to the Corporation.
The provisions of sections 142 and 188 of that Act do not apply to the Corporation.
2002, c. 25, s. 11.
Not in force
12. The capital stock of the Corporation is composed of an unlimited number of ordinary shares without par value, which may only be subscribed by the Cree Nation Government.
The capital stock is also composed of the classes of shares that members of the board of directors may decide to issue in accordance with law and that entail rights, privileges, conditions or restrictions. Subscription of such classes of shares is not limited to the Cree Nation Government.
2002, c. 25, s. 12; 2013, c. 19, s. 91.
Not in force
13. The Corporation may issue convertible debentures to any person.
2002, c. 25, s. 13.
Not in force
14. The Act respecting the James Bay Native Development Corporation (chapter S-9.1) is repealed and, consequently, the James Bay Native Development Corporation constituted by that Act is dissolved.
The assets, rights and interests of the James Bay Native Development Corporation shall be transferred, without consideration, to the Cree Development Corporation, which shall acquire the rights and assume the obligations of the former Corporation.
The shares of the James Bay Native Development Corporation are hereby cancelled without payment of any compensation or amount whatsoever to the shareholders.
2002, c. 25, s. 14.
Not in force
15. The Government shall designate the Minister to be responsible for the administration of this chapter.
2002, c. 25, s. 15.
CHAPTER II
VARIOUS AMENDMENTS
FOREST ACT
16. (Amendment integrated into c. F-4.1, s. 11.3).
2002, c. 25, s. 16.
17. (Amendment integrated into c. F-4.1, ss. 95.6-95.34).
2002, c. 25, s. 17.
18. (Amendment integrated into c. F-4.1, s. 102).
2002, c. 25, s. 18.
19. (Amendment integrated into c. F-4.1, s. 171.1).
2002, c. 25, s. 19.
20. (Amendment integrated into c. F-4.1, Schedule I).
2002, c. 25, s. 20.
ENVIRONMENT QUALITY ACT
21. (Amendment integrated into c. Q-2, Sch. B).
2002, c. 25, s. 21.
CHAPTER III
FINAL PROVISIONS
22. The provisions of the Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Québec referred to in section 95.8 of the Forest Act (chapter F‐4.1), enacted by section 17 of this Act, apply in respect of forest management activities carried out after 31 March 2008.
In addition, those provisions shall be applied progressively in respect of forest management activities carried out prior to 1 April 2008, to the extent and under the conditions provided in paragraphs 63 to 78 of Part IV (C-4) of Schedule C to the Agreement. For that purpose, the identification of a site of interest to the Cree is considered to be a situation provided for in the second paragraph of section 50 of the Forest Act, as applicable prior to 1 April 2008.
2002, c. 25, s. 22; 2003, c. 16, s. 62; 2005, c. 3, s. 3.
23. The annual amount paid by le Gouvernement du Québec under chapter 7 of the Agreement is exempt from any form of taxation, fee or levy and is not subject to privilege, hypothec, attachment or seizure.
The annual amount constitutes a capital payment paid to the benefit of the Crees and Cree Bands within the meaning of paragraphs 1.4 and 1.8 of the Agreement, pursuant to the James Bay and Northern Québec Agreement approved by the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67), for community and economic development purposes.
2002, c. 25, s. 23.
24. The Government may make any regulation necessary for the implementation of the Agreement.
2002, c. 25, s. 24.
25. The provisions of section 21, to the extent that they concern a general forest management plan, do not apply to forest operations forming part of a general plan approved by the Minister of Natural Resources before 15 September 2003, except if the plan is amended on or after that date.
2002, c. 25, s. 25.
26. The Government shall designate the minister responsible for the application of the provisions of this chapter.
2002, c. 25, s. 26.
The Minister of Energy and Natural Resources is responsible for the application of Chapter III of this Act except sections 22 and 25. Order in Council 1290-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7384.
The Minister of Forests, Wildlife and Parks is responsible for the application of sections 22 and 25 of Chapter III of this Act. Order in Council 1291-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7384.
27. (Omitted).
2002, c. 25, s. 27.
REPEAL SCHEDULES
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 25 of the statutes of 2002, in force on 1 April 2003, is repealed, except section 27, effective from the coming into force of chapter M-35.1.2 of the Revised Statutes.
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 25 of chapter 25 of the statutes of 2002, in force on 1 March 2004, is repealed effective from the coming into force of the updating to 1 March 2004 of chapter M-35.1.2 of the Revised Statutes.