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

Section 50.2 Disposition versions

1999-10-22

50.2. Notwithstanding section 50.1, the right of first refusal of the Native people does not apply to the following transfers:

(1)  a transfer by succession;

(2)  a transfer in favour of the spouse or an ascendant, a descendant or a collateral relation to the second degree of the holder of an outfitter’s licence or, in the case of a partnership or legal person holding such a licence, in favour of such a relative of a partner or shareholder;

(3)  a transfer in favour of a creditor for the sole purpose of securing the repayment of a debt;

(4)  a transfer where the transferor of an outfitting operation is a natural person and the transferee is a partnership or a legal person, if all the partnership interests or all the issued full voting shares of the capital stock are owned by the transferor immediately after the transfer;

(5)  a transfer where the transferor of an outfitting operation is a partnership or a legal person and the transferee is a natural person, if the person is, immediately before the transfer, the owner of all the partnership interests or all the issued full voting shares of the capital stock of the transferor;

(6)  a transfer where the transferee of an outfitting operation is a new partnership made up of two or more partnerships or a new legal person resulting from the amalgamation of two or more legal persons, if all the partnership interests or all the issued full voting shares of the capital stock of the transferee are owned by the persons who owned all the partnership interests or all the issued full voting shares of the former partnerships or the amalgamated legal persons;

(7)  a transfer where the transferee of an outfitting operation is the parent legal person of the transferor, a subsidiary of the transferor or a subsidiary of a legal person that is a subsidiary of the transferor;

(8)  a transfer where the transferor of an outfitting operation is a subsidiary of a legal person that is a subsidiary of the transferee;

(9)  a transfer where both the transferor and the transferee of an outfitting operation are subsidiaries of the same parent legal person or subsidiaries of one or several legal persons that is or are, as the case may be, a subsidiary or subsidiaries of the same parent legal person;

(10)  a transfer where the transferor and the transferee of an outfitting operation are non-profit entities if, at the time of the transfer, all the members of one entity are members of the other entity.

For the purposes of subparagraphs 7, 8 and 9, a legal person is a subsidiary, at a particular time, of another legal person, called the “parent legal person”, where all the issued full voting shares of its capital stock are owned by the latter.

1989, c. 40, s. 3; 1999, c. 40, s. 110.

1989-07-01

50.2. Notwithstanding section 50.1, the right of first refusal of the Native people does not apply to the following transfers:

(1)  a transfer by succession;

(2)  a transfer in favour of the spouse or an ascendant, a descendant or a collateral relation to the second degree of the holder of an outfitter’s licence or, in the case of a partnership or corporation holding such a licence, in favour of such a relative of a partner or shareholder;

(3)  a transfer in favour of a creditor for the sole purpose of securing the repayment of a debt;

(4)  a transfer where the transferor of an outfitting operation is a natural person and the transferee is a partnership or a corporation, if all the partnership interests or all the issued full voting shares of the capital stock are owned by the transferor immediately after the transfer;

(5)  a transfer where the transferor of an outfitting operation is a partnership or a corporation and the transferee is a natural person, if the person is, immediately before the transfer, the owner of all the partnership interests or all the issued full voting shares of the capital stock of the transferor;

(6)  a transfer where the transferee of an outfitting operation is a new partnership made up of two or more partnerships or a new corporation resulting from the amalgamation of two or more corporations, if all the partnership interests or all the issued full voting shares of the capital stock of the transferee are owned by the persons who owned all the partnership interests or all the issued full voting shares of the former partnerships or the amalgamated corporations;

(7)  a transfer where the transferee of an outfitting operation is the parent corporation of the transferor, a subsidiary of the transferor or a subsidiary of a corporation that is a subsidiary of the transferor;

(8)  a transfer where the transferor of an outfitting operation is a subsidiary of a corporation that is a subsidiary of the transferee;

(9)  a transfer where both the transferor and the transferee of an outfitting operation are subsidiaries of the same parent corporation or subsidiaries of one or several corporations that is or are, as the case may be, a subsidiary or subsidiaries of the same parent corporation;

(10)  a transfer where the transferor and the transferee of an outfitting operation are non-profit entities if, at the time of the transfer, all the members of one entity are members of the other entity.

For the purposes of subparagraphs 7, 8 and 9, a corporation is a subsidiary, at a particular time, of another corporation, called the “parent corporation”, where all the issued full voting shares of its capital stock are owned by the latter.

1989, c. 40, s. 3.