D-13.1, r. 1 - Administrative procedural rules respecting applications for outfitting facilities in the James Bay and New Québec territories

Updated to 1 September 2012

This document has official status.

chapter D-13.1, r. 1

Administrative procedural rules respecting applications for outfitting facilities in the James Bay and New Québec territories

Act respecting hunting and fishing rights in the James Bay and New Québec territories

(chapter D-13.1, s. 53).

1. Any person wishing to obtain a permit, lease or other authorization to operate an outfitting facility in Category III lands where the right of first refusal in favour of the Native people applies, including to obtain the transfer of such outfitting facilities, must submit an application using the form provided by the Minister of Natural Resources and Wildlife.

M.O. 87-10-06, s. 1.

2. When the Minister receives an application, whether it is duly completed or not, he shall write on it the date it was received and enter it in the register set up for such purpose according to the territory contemplated by the application.

M.O. 87-10-06, s. 2.

3. If an application is not complete, the Minister shall advise the applicant, indicating the missing information and informing him that his application will be cancelled unless the missing information is provided within 30 days of the notice.

If the Minister does not receive the missing information within the time provided, he shall strike the application from the register and the numerical order of subsequent applications shall be adjusted accordingly, if necessary.

M.O. 87-10-06, s. 3.

4. The register indicates the numerical order in which applications are received. If more than 1 application is received on the same day, the numerical order of receipt assigned to each application is determined by lots.

M.O. 87-10-06, s. 4.

5. The Minister shall maintain 3 separate lists in the register, 1 for each of the territories mentioned in sections 11, 12 and 12.1 of the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1).

When an application concerns a territory contemplated by section 13 of that Act, the Minister shall record it in the register under the list of the Crees or the Inuit in the order determined by agreement between those Native parties.

When an application concerns a territory contemplated by section 13.1 of that Act, the Minister shall record it in the register under the list of the Inuit or the Naskapis in the order determined by agreement between those Native parties.

M.O. 87-10-06, s. 5.

6. The Minister shall forward a copy of each duly completed application to the secretary of the Hunting, Fishing and Trapping Coordinating Committee, indicating the numerical order of the application’s receipt as shown in the register.

M.O. 87-10-06, s. 6.

7. The Coordinating Committee shall advise the Minister of its recommendation concerning each application according to the numerical order shown in the register.

M.O. 87-10-06, s. 7.

8. In cases where the Minister refuses an application as recommended by the Coordinating Committee or contrary to such recommendation after having consulted the Committee a second time, he shall advise the applicant and the Coordinating Committee thereof.

The Minister shall then strike the application from the register and the numerical order of subsequent applications shall be adjusted accordingly, if necessary.

M.O. 87-10-06, s. 8.

9. In cases where the Minister approves an application as recommended by the Coordinating Committee or contrary to such recommendation after having consulted the Committee a second time, such application shall then be dealt with in accordance with the fifth, sixth, seventh and eighth paragraphs of section 51 of the Act.

M.O. 87-10-06, s. 9.

10. The Minister shall issue a permit, lease or other authorization to operate an outfitting facility, including cases of transfer, by applying the agreement governing the exercise of the right of first refusal adopted by the Native parties on 2 October 1986.

Should the Native parties amend that agreement, the Minister shall apply the amended agreement beginning on the 45th day after the date on which he receives notification of the new agreement.

Should the Native parties cancel the agreement in force, the Minister shall continue to apply it until the 45th day following the date on which he receives notification of a new agreement.

M.O. 87-10-06, s. 10.

11. Any person may obtain a copy of the agreement governing the exercise of the right of first refusal by submitting a request to the Minister or the Coordinating Committee.

M.O. 87-10-06, s. 11.

12. (Omitted).

M.O. 87-10-06, s. 12.

REFERENCES

M.O. 87-10-06, 1987 G.O. 2, 3825