D-13.1 - Act respecting hunting and fishing rights in the James Bay and New Québec territories

Section 23 Disposition versions

2014-01-01

23. Notwithstanding paragraph e of section 18, the exclusive right to trap, including the right to trap for commercial purposes,

(a)  does not affect the trapping rights which the Indians and the Inuit not party to the Agreement concerning James Bay and Northern Québec or the Northeastern Québec Agreement exercised before 11 November 1975 in the New Québec, Bersimis, Saguenay, Abitibi, except the Waswanipi division, and Grand Lac Victoria beaver reserves, contemplated and described in Orders in Council nos 1637 and 1640 dated 14 June 1967 and which they would be acknowledged to have, except in the Category I-N and II-N lands for the Naskapis, where the said exclusive right to trap prevails for the Naskapis;

(b)  does not exclude the possibility of snaring of hare by non-Natives in and around non-Native settlements within that part of the Territory south of the 50th parallel of latitude;

(c)  does not apply in any manner to the registered traplines indicated in Schedule 3;

(d)  can be suspended by the Minister within a given area where the Native people have not trapped for so long that trapping has become necessary therein for the proper management of a wildlife species. However, the Minister may, only upon the advice of the Coordinating Committee and after giving advance notice through the said committee to Makivik Corporation, the Cree Nation Government or the Naskapi Landholding Corporation concerned, declare such suspension and permit non-Natives to exercise the necessary trapping activity if he finds the notice has not been acted upon within a reasonable time. Such permission shall be discussed between the Minister and Makivik Corporation, the Cree Nation Government or the Naskapi Landholding Corporation; failing an agreement, the Minister may, but only upon recommendation of the Coordinating Committee, permit non-Natives to trap in the area concerned, on such conditions as he may determine, for a period not exceeding four years. At the expiration of the said period, the Native people recover the exclusive right to trap in that area; if they fail again to exercise that right, the provisions of this paragraph apply anew.

1978, c. 92, s. 23; 1979, c. 25, s. 64; 1999, c. 40, s. 110; 2013, c. 19, s. 91.

1999-10-22

23. Notwithstanding paragraph e of section 18, the exclusive right to trap, including the right to trap for commercial purposes,

(a)  does not affect the trapping rights which the Indians and the Inuit not party to the Agreement concerning James Bay and Northern Québec or the Northeastern Québec Agreement exercised before 11 November 1975 in the New Québec, Bersimis, Saguenay, Abitibi, except the Waswanipi division, and Grand Lac Victoria beaver reserves, contemplated and described in Orders in Council nos 1637 and 1640 dated 14 June 1967 and which they would be acknowledged to have, except in the Category I-N and II-N lands for the Naskapis, where the said exclusive right to trap prevails for the Naskapis;

(b)  does not exclude the possibility of snaring of hare by non-Natives in and around non-Native settlements within that part of the Territory south of the 50th parallel of latitude;

(c)  does not apply in any manner to the registered traplines indicated in Schedule 3;

(d)  can be suspended by the Minister within a given area where the Native people have not trapped for so long that trapping has become necessary therein for the proper management of a wildlife species. However, the Minister may, only upon the advice of the Coordinating Committee and after giving advance notice through the said committee to Makivik Corporation, the Cree Regional Authority or the Naskapi Landholding Corporation concerned, declare such suspension and permit non-Natives to exercise the necessary trapping activity if he finds the notice has not been acted upon within a reasonable time. Such permission shall be discussed between the Minister and Makivik Corporation, the Cree Regional Authority or the Naskapi Landholding Corporation; failing an agreement, the Minister may, but only upon recommendation of the Coordinating Committee, permit non-Natives to trap in the area concerned, on such conditions as he may determine, for a period not exceeding four years. At the expiration of the said period, the Native people recover the exclusive right to trap in that area; if they fail again to exercise that right, the provisions of this paragraph apply anew.

1978, c. 92, s. 23; 1979, c. 25, s. 64; 1999, c. 40, s. 110.

1979-08-15

23. Notwithstanding paragraph e of section 18, the exclusive right to trap, including the right to trap for commercial purposes,

(a)  does not affect the trapping rights which the Indians and the Inuit not party to the Agreement concerning James Bay and Northern Québec or the Northeastern Québec Agreement exercised before 11 November 1975 in the New Québec, Bersimis, Saguenay, Abitibi, except the Waswanipi division, and Grand Lac Victoria beaver reserves, contemplated and described in Orders in Council nos 1637 and 1640 dated 14 June 1967 and which they would be acknowledged to have, except in the Category I-N and II-N lands for the Naskapis, where the said exclusive right to trap prevails for the Naskapis;

(b)  does not exclude the possibility of snaring of hare by non-Natives in and around non-Native settlements within that part of the Territory south of the 50th parallel of latitude;

(c)  does not apply in any manner to the registered traplines indicated in Schedule 3;

(d)  can be suspended by the Minister within a given area where the Native people have not trapped for so long that trapping has become necessary therein for the proper management of a wildlife species. However, the Minister may, only upon the advice of the Coordinating Committee and after giving advance notice through the said committee to Makivik Corporation, the Cree Regional Authority or the Naskapi Landholding Corporation concerned, declare such suspension and permit non-Natives to exercise the necessary trapping activity if he finds the notice has not been acted upon within a reasonable delay. Such permission shall be discussed between the Minister and Makivik Corporation, the Cree Regional Authority or the Naskapi Landholding Corporation; failing an agreement, the Minister may, but only upon recommendation of the Coordinating Committee, permit non-Natives to trap in the area concerned, on such conditions as he may determine, for a period not exceeding four years. At the expiration of the said period, the Native people recover the exclusive right to trap in that area; if they fail again to exercise that right, the provisions of this paragraph apply anew.

1978, c. 92, s. 23; 1979, c. 25, s. 64.

1979-02-14

23. Notwithstanding paragraph e of section 18, the exclusive right to trap, including the right to trap for commercial purposes,

(a)  does not affect the trapping rights which the native people not party to the Agreement exercised in the New Québec, Bersimis, Saguenay, Abitibi, except the Waswanipi division, and Grand Lac Victoria beaver reserves, contemplated and described in Orders in Council nos 1637 and 1640 dated 14 June 1967 and which they would be acknowledged to have;

(b)  does not exclude the possibility of snaring of hare by non-Natives in and around non-Native settlements within that part of the Territory south of the 50th parallel of latitude;

(c)  does not apply in any manner to the registered traplines indicated in Schedule 3;

(d)  can be suspended by the Minister within a given area where the Native people have not trapped for so long that trapping has become necessary therein for the proper management of a wildlife species. However, the Minister may, only upon the advice of the Coordinating Committee and after giving advance notice through the said committee to Makivik Corporation or the Cree Regional Authority concerned, declare such suspension and permit non-Natives to exercise the necessary trapping activity if he finds the notice has not been acted upon within a reasonable delay. Such permission shall be discussed between the Minister and Makivik Corporation or the Cree Regional Authority; failing an agreement, the Minister may, but only upon recommendation of the Coordinating Committee, permit non-Natives to trap in the area concerned, on such conditions as he may determine, for a period not exceeding four years. At the expiration of the said period, the Native people recover the exclusive right to trap in that area; if they fail again to exercise that right, the provisions of this paragraph apply anew.

1978, c. 92, s. 23.