V-5.1 - The Cree Villages and the Naskapi Village Act

Section 27 Disposition versions

2016-01-01

27. Sections 5, 19, 28, 29, 54a, 61, 62 and 64 of the Cities and Towns Act (Revised Statutes, 1964, chapter 193) are replaced for the municipality by the following sections:

“5. Any person required by the provisions of this Act or of a by-law of the council to sign his name upon a document and who is unable to do so, shall place thereon his mark in the presence of a witness who shall sign the said document.

“19. The first general sitting of the council shall be held on the date fixed by the Minister; the Minister shall not fix such date until he has determined that a majority of the members of the council have taken the oath provided for in section 62; he may appoint a person to call and prepare this first sitting and generally to exercise all the functions of the clerk until the latter had been named and sworn in.

“28. The municipality has jurisdiction for municipal and police purposes and for the exercise of all the powers conferred upon it, over its territory and also beyond it in special cases where more ample authority is conferred upon it.

A Cree village also has jurisdiction on the lands surrounded by its territory which, before 11 November 1975, had been ceded by letters patent to a person other than a Cree or which on this date were owned by such a person.

The Naskapi village also has jurisdiction on the lands surrounded by its territory which, before 31 January 1978, had been ceded by letters patent to a person other than a Naskapi or which on this date were owned by such a person.

“29. Whenever the territory of a municipality is bounded on any side by navigable or other waters, or by the bank or shores of such waters, the jurisdiction of the municipality for police purposes shall extend, in front of the territory, to the middle of such waters and upon the islands and outcrops therein found, if such area does not already form part of the territory of a municipality established under this Act or any other general or special Act.

If, however, the waters fronting the territory of the municipality are wider than 3 kilometers, this jurisdiction shall not be exercised beyond 1.5 kilometers from the bank or shores.

“54a. The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the Category I lands intended for the Cree community concerned, or from the Category I-N lands intended for the Naskapi community, as the case may be, or when he refuses or is unable to perform the duties of his office.

“61. In the case of refusal to act by the majority of the council, the Minister, at the request of the interested Cree or Naskapi community, may appoint a provisional administrator and fix his salary, which is paid by the municipality.

This administrator shall take the place of the council and the mayor of the municipality, and of any official or employee of the same whose appointment is provided for in this Act, if the said official or employee has not already been appointed.

His mandate terminates when that refusal to act ceases.

Instead of appointing a single provisional administrator, the Minister may appoint to this office the members of the council who do not refuse to act. He shall accordingly determine the place, the time and the frequency of the meetings of the provisional administrators, the rules governing the manner in which they may make a joint decision, and such other rules with respect to the conduct of their activities as he deems advisable.

“62. No person may act as mayor or councillor until he has taken the oath of office in accordance with the form provided in this section.

If the oath of office is taken during a sitting of the council before the clerk, an entry of the taking of such oath shall be made in the minute book of the council.

If the oath is taken at any other time, the certificate of oath must be tabled during the next sitting of the council in order that it may become part of the records, and mention of this tabling shall be made in the minute book of the council. The certificate of any oath of office which has taken place before the first meeting of the council must be sent to the Minister by registered mail, within five days of the taking of this oath, by the person who has taken it.

Failure by a member of the council to take the oath of office within 30 days following the latest of the dates mentioned below constitutes a refusal to act within the meaning of section 61:

(a)  the date upon which he was elected or appointed a member of the council of the Cree Band having jurisdiction over the Category IA lands intended for the Cree community concerned, or a member of the council of the Naskapi Band having jurisdiction over the Category IA-N lands intended for the Naskapi community, as the case may be,

(b)  the date upon which he was appointed a member of the council of the municipality in accordance with the fifth paragraph of section 14 of the Cree Villages and the Naskapi Village Act (chapter V-5.1), or

(c)  the date on which the municipality was incorporated.

FORM

Oath of office

I, the undersigned, .............. (names, occupation), domiciled at .............. (place), declare under oath that I will act in my capacity as .............. (designation of office) faithfully and in accordance with the law, without partiality, fear, favour or affection. )

I, the undersigned, .............. (names, occupation), domiciled at .............. (place), hereby certify that the person designated above took the oath of office before me, at .............. (place), this .............. (day, month, year).

Signed: ..............

“64. The mayor and the councillors shall be entitled to the remuneration determined from time to time by by-law of the council submitted for approval to the Government.

The council may also authorize by resolution the payment of the expenses actually incurred by a member of the council on behalf of the municipality.

The council may, as well, by a by-law submitted to the Commission municipale du Québec for approval, establish a retirement plan and a retirement fund for the mayor and the councillors.”

1978, c. 88, s. 27 to s. 34; 1979, c. 25, s. 131 to s. 134; 1996, c. 2, s. 1002, s. 1003; 1996, c. 2, s. 1019; 1999, c. 40, s. 330; I.N. 2016-01-01 (NCCP).

1999-10-22

27. Sections 5, 19, 28, 29, 54a, 61, 62 and 64 of the Cities and Towns Act (Revised Statutes, 1964, chapter 193) are replaced for the municipality by the following sections:

“5. Any person required by the provisions of this Act or of a by-law of the council to sign his name upon a document and who is unable to do so, shall place thereon his mark in the presence of a witness who shall sign the said document.

“19. The first general sitting of the council shall be held on the date fixed by the Minister; the Minister shall not fix such date until he has determined that a majority of the members of the council have taken the oath provided for in section 62; he may appoint a person to call and prepare this first sitting and generally to exercise all the functions of the clerk until the latter had been named and sworn in.

“28. The municipality has jurisdiction for municipal and police purposes and for the exercise of all the powers conferred upon it, over its territory and also beyond it in special cases where more ample authority is conferred upon it.

A Cree village also has jurisdiction on the lands surrounded by its territory which, before 11 November 1975, had been ceded by letters patent to a person other than a Cree or which on this date were owned by such a person.

The Naskapi village also has jurisdiction on the lands surrounded by its territory which, before 31 January 1978, had been ceded by letters patent to a person other than a Naskapi or which on this date were owned by such a person.

“29. Whenever the territory of a municipality is bounded on any side by navigable or other waters, or by the bank or shores of such waters, the jurisdiction of the municipality for police purposes shall extend, in front of the territory, to the middle of such waters and upon the islands and outcrops therein found, if such area does not already form part of the territory of a municipality established under this Act or any other general or special Act.

If, however, the waters fronting the territory of the municipality are wider than 3 kilometers, this jurisdiction shall not be exercised beyond 1.5 kilometers from the bank or shores.

“54a. The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the Category I lands intended for the Cree community concerned, or from the Category I-N lands intended for the Naskapi community, as the case may be, or when he refuses or is unable to perform the duties of his office.

“61. In the case of refusal to act by the majority of the council, the Minister, at the request of the interested Cree or Naskapi community, may appoint a provisional administrator and fix his salary, which is paid by the municipality.

This administrator shall take the place of the council and the mayor of the municipality, and of any official or employee of the same whose appointment is provided for in this Act, if the said official or employee has not already been appointed.

His mandate terminates when that refusal to act ceases.

Instead of appointing a single provisional administrator, the Minister may appoint to this office the members of the council who do not refuse to act. He shall accordingly determine the place, the time and the frequency of the meetings of the provisional administrators, the rules governing the manner in which they may make a joint decision, and such other rules with respect to the conduct of their activities as he deems advisable.

“62. No person may act as mayor or councillor until he has taken the oath of office in accordance with the form provided in this section.

If the oath of office is taken during a sitting of the council before the clerk, an entry of the taking of such oath shall be made in the minute book of the council.

If the oath is taken at any other time, the certificate of oath must be tabled during the next sitting of the council in order that it may become part of the records, and mention of this tabling shall be made in the minute book of the council. The certificate of any oath of office which has taken place before the first meeting of the council must be sent to the Minister by registered or certified mail, within five days of the taking of this oath, by the person who has taken it.

Failure by a member of the council to take the oath of office within 30 days following the latest of the dates mentioned below constitutes a refusal to act within the meaning of section 61:

(a)  the date upon which he was elected or appointed a member of the council of the Cree Band having jurisdiction over the Category IA lands intended for the Cree community concerned, or a member of the council of the Naskapi Band having jurisdiction over the Category IA-N lands intended for the Naskapi community, as the case may be,

(b)  the date upon which he was appointed a member of the council of the municipality in accordance with the fifth paragraph of section 14 of the Cree Villages and the Naskapi Village Act (chapter V-5.1), or

(c)  the date on which the municipality was incorporated.

FORM

Oath of office

I, the undersigned, .............. (names, occupation), domiciled at .............. (place), declare under oath that I will act in my capacity as .............. (designation of office) faithfully and in accordance with the law, without partiality, fear, favour or affection. )

I, the undersigned, .............. (names, occupation), domiciled at .............. (place), hereby certify that the person designated above took the oath of office before me, at .............. (place), this .............. (day, month, year).

Signed: ..............

“64. The mayor and the councillors shall be entitled to the remuneration determined from time to time by by-law of the council submitted for approval to the Government.

The council may also authorize by resolution the payment of the expenses actually incurred by a member of the council on behalf of the municipality.

The council may, as well, by a by-law submitted to the Commission municipale du Québec for approval, establish a retirement plan and a retirement fund for the mayor and the councillors.”

1978, c. 88, s. 27 to s. 34; 1979, c. 25, s. 131 to s. 134; 1996, c. 2, s. 1002, s. 1003; 1996, c. 2, s. 1019; 1999, c. 40, s. 330.

1996-05-08

27. Sections 5, 19, 28, 29, 54a, 61, 62 and 64 of the Cities and Towns Act (Revised Statutes, 1964, chapter 193) are replaced for the municipality by the following sections:

“5. Any person required by the provisions of this Act or of a by-law of the council to sign his name upon a document and who is unable to do so, shall place thereon his mark in the presence of a witness who shall sign the said document.

“19. The first general sitting of the council shall be held on the date fixed by the Minister; the Minister shall not fix such date until he has determined that a majority of the members of the council have taken the oath provided for in section 62; he may appoint a person to call and prepare this first sitting and generally to exercise all the functions of the clerk until the latter had been named and sworn in.

“28. The municipality has jurisdiction for municipal and police purposes and for the exercise of all the powers conferred upon it, over its territory and also beyond it in special cases where more ample authority is conferred upon it.

A Cree village also has jurisdiction on the lands surrounded by its territory which, before 11 November 1975, had been ceded by letters patent to a person other than a Cree or which on this date were owned by such a person.

The Naskapi village also has jurisdiction on the lands surrounded by its territory which, before 31 January 1978, had been ceded by letters patent to a person other than a Naskapi or which on this date were owned by such a person.

“29. Whenever the territory of a municipality is bounded on any side by navigable or other waters, or by the bank or shores of such waters, the jurisdiction of the municipality for police purposes shall extend, in front of the territory, to the middle of such waters and upon the islands and outcrops therein found, if such area does not already form part of the territory of a municipality established under this Act or any other general or special Act.

If, however, the waters fronting the territory of the municipality are wider than 3 kilometers, this jurisdiction shall not be exercised beyond 1.5 kilometers from the bank or shores.

“54a. The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the Category I lands intended for the Cree community concerned, or from the Category I-N lands intended for the Naskapi community, as the case may be, or when he refuses or is unable to perform the duties of his office.

“61. In the case of refusal to act by the majority of the council, the Minister, at the request of the interested Cree or Naskapi community, may appoint a provisional administrator and fix his salary, which is paid by the municipality.

This administrator shall take the place of the council and the mayor of the municipality, and of any official or employee of the same whose appointment is provided for in this Act, if the said official or employee has not already been appointed.

His mandate terminates when that refusal to act ceases.

Instead of appointing a single provisional administrator, the Minister may appoint to this office the members of the council who do not refuse to act. He shall accordingly determine the place, the time and the frequency of the meetings of the provisional administrators, the rules governing the manner in which they may make a joint decision, and such other rules with respect to the conduct of their activities as he deems advisable.

“62. No person may act as mayor or councillor until he has taken the oath of office in accordance with the form provided in this section.

If the oath of office is taken during a sitting of the council before the clerk, an entry of the taking of such oath shall be made in the minute book of the council.

If the oath is taken at any other time, the certificate of oath must be tabled during the next sitting of the council in order that it may become part of the records, and mention of this tabling shall be made in the minute book of the council. The certificate of any oath of office which has taken place before the first meeting of the council must be sent to the Minister by registered or certified mail, within five days of the taking of this oath, by the person who has taken it.

A member of the council who has not taken the oath of office within 30 days following the latest of the dates mentioned below is deemed to have refused to act within the meaning of section 61:

(a)  the date upon which he was elected or appointed a member of the council of the Cree Band having jurisdiction over the Category IA lands intended for the Cree community concerned, or a member of the council of the Naskapi Band having jurisdiction over the Category IA-N lands intended for the Naskapi community, as the case may be,

(b)  the date upon which he was appointed a member of the council of the municipality in accordance with the fifth paragraph of section 14 of the Cree Villages and the Naskapi Village Act (chapter V-5.1), or

(c)  the date on which the municipality was incorporated.

FORM

Oath of office

I, the undersigned, .............. (surname, given names, occupation), domiciled at .............. (place), duly sworn on the Holy Gospels (Omit this phrase in making a solemn affirmation), solemnly swear (or affirm) that I will act in my capacity as .............. (designation of office) faithfully and in accordance with the law, without partiality, fear, favour or affection. So help me God! (Omit the final invocation in making a solemn affirmation.)

I, the undersigned, .............. (surname, given names, occupation), domiciled at .............. (place), hereby certify that the person designated above took the oath (or made the solemn affirmation replacing the oath of office) of office before me, on the Holy Gospels, at .............. (place), this .............. (day, month, year).

Signed: ..............

“64. The mayor and the councillors shall be entitled to the remuneration determined from time to time by by-law of the council submitted for approval to the Government.

The council may also authorize by resolution the payment of the expenses actually incurred by a member of the council on behalf of the municipality.

The council may, as well, by a by-law submitted to the Commission municipale du Québec for approval, establish a retirement plan and a retirement fund for the mayor and the councillors.”

1978, c. 88, s. 27 to s. 34; 1979, c. 25, s. 131 to s. 134; 1996, c. 2, s. 1002, s. 1003; 1996, c. 2, s. 1019.

1981-09-10

27. Sections 5, 19, 28, 29, 54a, 61, 62 and 64 of the Cities and Towns Act (Revised Statutes, 1964, chapter 193) are replaced for the municipality by the following sections:

“5. Any person required by the provisions of this act or of a by-law of the council to sign his name upon a document and who is unable to do so, shall place thereon his mark in the presence of a witness who shall sign the said document.

“19. The first general sitting of the council shall be held on the date fixed by the Minister; the Minister shall not fix such date until he has determined that a majority of the members of the council have taken the oath provided for in section 62; he may appoint a person to call and prepare this first sitting and generally to exercise all the functions of the clerk until the latter had been named and sworn in.

“28. The corporation has jurisdiction for municipal and police purposes and for the exercise of all the powers conferred upon it, over the whole of the municipality and also beyond it in special cases where more ample authority is conferred upon it.

A Cree village corporation also has jurisdiction on the lands situated within the perimeter of the municipality which, before 11 November 1975, had been ceded by letters patent to a person other than a Cree or which on this date were owned by such a person.

The Naskapi Village Corporation also has jurisdiction on the lands situated within the perimeter of the municipality which, before 31 January 1978, had been ceded by letters patent to a person other than a Naskapi or which on this date were owned by such a person.

“29. Whenever a municipality is bounded on any side by navigable or other waters, or by the bank or shores of such waters, the jurisdiction of the corporation for police purposes shall extend, in front of the municipality, to the middle of such waters and upon the islands and outcrops therein found, if such area does not already form part of a municipality established under this act or any other general or special act.

If, however, the waters fronting the municipality are wider than three kilometers, this jurisdiction shall not be exercised beyond 1.5 kilometers from the bank or shores.

“54a. The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the Category I lands intended for the Cree community concerned, or from the Category I-N lands intended for the Naskapi community, as the case may be, or when he refuses or is unable to perform the duties of his office.

“61. In the case of refusal to act by the majority of the council, the Minister, at the request of the interested Cree or Naskapi community, may appoint a provisional administrator and fix his salary, which is paid by the corporation.

This administrator shall take the place of the council and the mayor of the corporation, and of any official or employee of the same whose appointment is provided for in this act, if the said official or employee has not already been appointed.

His mandate terminates when that refusal to act ceases.

Instead of appointing a single provisional administrator, the Minister may appoint to this office the members of the council who do not refuse to act. He shall accordingly determine the place, the time and the frequency of the meetings of the provisional administrators, the rules governing the manner in which they may make a joint decision, and such other rules with respect to the conduct of their activities as he deems advisable.

“62. No person may act as mayor or councillor until he has taken the oath of office in accordance with the form provided in this section.

If the oath of office is taken during a sitting of the council before the clerk, an entry of the taking of such oath shall be made in the minute book of the council.

If the oath is taken at any other time, the certificate of oath must be tabled during the next sitting of the council in order that it may become part of the records, and mention of this tabling shall be made in the minute book of the council. The certificate of any oath of office which has taken place before the first meeting of the council must be sent to the Minister by registered or certified mail, within five days of the taking of this oath, by the person who has taken it.

A member of the council who has not taken the oath of office within thirty days following the latest of the dates mentioned below is deemed to have refused to act within the meaning of section 61:

(a)  the date upon which he was elected or appointed a member of the council of the Cree Band having jurisdiction over the Category IA lands intended for the Cree community concerned, or a member of the council of the Naskapi Band having jurisdiction over the Category IA-N lands intended for the Naskapi community, as the case may be,

(b)  the date upon which he was appointed a member of the council of the corporation in accordance with the fifth paragraph of section 14 of the Cree Villages and the Naskapi Village Act (chapter V-5.1), or

(c)  the date on which the corporation was incorporated.

FORM

Oath of office

I, the undersigned, .............. (surname, given names, occupation), domiciled at .............. (place), duly sworn on the Holy Gospels (Omit this phrase in making a solemn affirmation), solemnly swear (or affirm) that I will act in my capacity as .............. (designation of office) faithfully and in accordance with the law, without partiality, fear, favour or affection. So help me God! (Omit the final invocation in making a solemn affirmation.)

I, the undersigned, .............. (surname, given names, occupation), domiciled at .............. (place), hereby certify that the person designated above took the oath (or made the solemn affirmation replacing the oath of office) of office before me, on the Holy Gospels, at .............. (place), this .............. (day, month, year).

Signed: ..............

“64. The mayor and the councillors shall be entitled to the remuneration determined from time to time by by-law of the council submitted for approval to the Government.

The council may also authorize by resolution the payment of the expenses actually incurred by a member of the council on behalf of the corporation.

The council may, as well, by a by-law submitted to the Commission municipale du Québec for approval, establish a retirement plan and a retirement fund for the mayor and the councillors.”

1978, c. 88, s. 27 to s. 34; 1979, c. 25, s. 131 to s. 134.

1978-06-28

27. Sections 5, 19, 28, 29, 54a, 61, 62 and 64 of the Cities and Towns Act (Revised Statutes, 1964, chapter 193) are replaced for the municipality by the following sections:

“5. Any person required by the provisions of this act or of a by-law of the council to sign his name upon a document and who is unable to do so, shall place thereon his mark in the presence of a witness who shall sign the said document.

“19. The first general sitting of the council shall be held on the date fixed by the Minister; the Minister shall not fix such date until he has determined that a majority of the members of the council have taken the oath provided for in section 62; he may appoint a person to call and prepare this first sitting and generally to exercise all the functions of the clerk until the latter had been named and sworn in.

“28. The corporation shall have jurisdiction for municipal and police purposes and for the exercise of all the powers conferred upon it, over the whole of the municipality and also beyond it in special cases where more ample authority is conferred upon it.

It shall also have jurisdiction on the lands situated within the perimeter of the municipality which, before 11 November 1975, had been ceded by letters patent to a person other than a Cree or which on this date were owned by such a person.

“29. Whenever a municipality is bounded on any side by navigable or other waters, or by the bank or shores of such waters, the jurisdiction of the corporation for police purposes shall extend, in front of the municipality, to the middle of such waters and upon the islands and outcrops therein found, if such area does not already form part of a municipality established under this act or any other general or special act.

If, however, the waters fronting the municipality are wider than three kilometers, this jurisdiction shall not be exercised beyond 1.5 kilometers from the bank or shores.

“54a. The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the Category I lands intended for the community concerned, or when he refuses or is unable to perform the duties of his office.

“61. In the case of refusal to act by the majority of the council, the Minister, upon the request of the interested community, may appoint a provisional administrator and fix his salary, which is paid by the corporation.

This administrator shall take the place of the council and the mayor of the corporation, and of any official or employee of the same whose appointment is provided for in this act, if the said official or employee has not already been appointed.

His mandate shall terminate when such refusal to act ceases.

Instead of appointing a single provisional administrator, the Minister may appoint to this office the members of the council who do not refuse to act. He shall accordingly determine the place, the time and the frequency of the meeting of the provisional administrators, the rules governing the manner in which they may make a joint decision, and such other rules with respect to the conduct of their activities as he deems advisable.

“62. No person may act as mayor or councillor until he has taken the oath of office in accordance with the form provided in this section.

If the oath of office is taken during a sitting of the council before the clerk, an entry of the taking of such oath shall be made in the minute book of the council.

If the oath is taken at any time, the certificate of oath must be tabled during the next sitting of the council in order that it may become part of the records, and mention of this tabling shall be made in the minute book of the council. The certificate of any oath of office which has taken place before the first meeting of the council must be sent to the Minister by registered or certified mail, within five days of the taking of this oath, by the person who has taken it.

A member of the council who has not taken the oath of office within thirty days following the later of the dates mentioned below shall be deemed to have refused to act within the meaning of section 61:

(a)  the date upon which he was elected or appointed a member of the council of a Band having jurisdiction over the Category IA lands intended for the community concerned; and

(b)  the date on which the corporation was incorporated.

“64. The mayor and the councillors shall be entitled to the remuneration determined from to time by by-law of the council submitted for approval to the Government.

The council may also authorize by resolution the payment of the expenses actually incurred by a member of the council on behalf of the corporation.

The council may, as well, by a by-law submitted to the Commission municipale du Québec for approval, establish a retirement plan and a retirement fund for the mayor and the councillors.”

1978, c. 88, s. 27 to s. 34.