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

Section 51 Disposition versions

2014-01-01

51. Subject to section 49, in Category III lands, all applications respecting outfitting operations, for the issue, renewal or transfer of outfitter’s licences, fish and game leases and other authorizations, and all applications subject to the right of first refusal of the Native people to act as an outfitter are subject to the following terms and conditions.

Every application shall be submitted to the Minister, who shall forward a copy thereof to the Coordinating Committee.

Every application for the issue or the renewal of an outfitter’s licence shall indicate, as the case may be, the names of the partners and their respective interests in the partnership or the names of the shareholders owning full voting shares, the number of shares held by each shareholder and the number of votes attached to each share.

Every application for transfer shall contain all relevant information relating to the terms and conditions of the proposed transfer and the Minister shall forward a copy of such documents to the Coordinating Committee, which shall ascertain the bonafide nature of the conditions of the transfer.

The Coordinating Committee shall review every such application and recommend to the Minister its acceptance or refusal.

When the Minister agrees with the recommendation of the Coordinating Committee to accept an application, he shall so inform the Committee, which shall forthwith transmit to the interested Cree Nation Government, Naskapi Landholding Corporation or Makivik Corporation written notice of such application including all relevant information. No such notice shall be given when such application is for the renewal of a licence, lease or other authorization.

Within four months from receipt of the notice specified in the preceding paragraph, the interested Cree Nation Government, Naskapi Landholding Corporation or Makivik Corporation shall reply in writing to the Coordinating Committee indicating whether or not it or any Native person it designates intends to operate the outfitting facilities referred to in the said application.

If the interested Cree Nation Government, Naskapi Landholding Corporation or Makivik Corporation fails to reply to the Coordinating Committee within the time stipulated in the preceding paragraph, or if it declares before the end of the said time that neither it nor a Native person designated by it intends to operate the outfitting facilities referred to in the application, the right of first refusal of the Native people lapses with respect to that application. The Coordinating Committee shall forthwith inform the Minister, who may then issue the licence, lease or other authorization requested in the application.

If, within the time stipulated in the seventh paragraph, the interested Cree Nation Government, Naskapi Landholding Corporation or Makivik Corporation informs the Coordinating Committee in writing that it or a Native person designated by it intends to operate the outfitting facilities referred to in the application, the Coordinating Committee shall forthwith so inform the Minister, who shall issue the requested licence, lease or other authorization, except where there is just cause under a law or regulation not to issue the licence, lease or authorization.

The Native party that exercises the right of first refusal at the time of an application for the transfer of an outfitter’s licence shall replace the intended transferee from the date on which the Native party informs the Coordinating Committee in accordance with the seventh paragraph. From that date, the Native party shall have the same rights and the same obligations as the intended transferee had at the time of the offer to transfer, with such modifications as are necessary with respect to the delays stipulated therein.

1978, c. 92, s. 51; 1979, c. 25, s. 78; 1989, c. 40, s. 4; 1999, c. 40, s. 110; 2013, c. 19, s. 91.

1999-10-22

51. Subject to section 49, in Category III lands, all applications respecting outfitting operations, for the issue, renewal or transfer of outfitter’s licences, fish and game leases and other authorizations, and all applications subject to the right of first refusal of the Native people to act as an outfitter are subject to the following terms and conditions.

Every application shall be submitted to the Minister, who shall forward a copy thereof to the Coordinating Committee.

Every application for the issue or the renewal of an outfitter’s licence shall indicate, as the case may be, the names of the partners and their respective interests in the partnership or the names of the shareholders owning full voting shares, the number of shares held by each shareholder and the number of votes attached to each share.

Every application for transfer shall contain all relevant information relating to the terms and conditions of the proposed transfer and the Minister shall forward a copy of such documents to the Coordinating Committee, which shall ascertain the bonafide nature of the conditions of the transfer.

The Coordinating Committee shall review every such application and recommend to the Minister its acceptance or refusal.

When the Minister agrees with the recommendation of the Coordinating Committee to accept an application, he shall so inform the Committee, which shall forthwith transmit to the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation written notice of such application including all relevant information. No such notice shall be given when such application is for the renewal of a licence, lease or other authorization.

Within four months from receipt of the notice specified in the preceding paragraph, the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation shall reply in writing to the Coordinating Committee indicating whether or not it or any Native person it designates intends to operate the outfitting facilities referred to in the said application.

If the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation fails to reply to the Coordinating Committee within the time stipulated in the preceding paragraph, or if it declares before the end of the said time that neither it nor a Native person designated by it intends to operate the outfitting facilities referred to in the application, the right of first refusal of the Native people lapses with respect to that application. The Coordinating Committee shall forthwith inform the Minister, who may then issue the licence, lease or other authorization requested in the application.

If, within the time stipulated in the seventh paragraph, the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation informs the Coordinating Committee in writing that it or a Native person designated by it intends to operate the outfitting facilities referred to in the application, the Coordinating Committee shall forthwith so inform the Minister, who shall issue the requested licence, lease or other authorization, except where there is just cause under a law or regulation not to issue the licence, lease or authorization.

The Native party that exercises the right of first refusal at the time of an application for the transfer of an outfitter’s licence shall replace the intended transferee from the date on which the Native party informs the Coordinating Committee in accordance with the seventh paragraph. From that date, the Native party shall have the same rights and the same obligations as the intended transferee had at the time of the offer to transfer, with such modifications as are necessary with respect to the delays stipulated therein.

1978, c. 92, s. 51; 1979, c. 25, s. 78; 1989, c. 40, s. 4; 1999, c. 40, s. 110.

1989-07-01

51. Subject to section 49, in Category III lands, all applications respecting outfitting operations, for the issue, renewal or transfer of outfitter’s licences, fish and game leases and other authorizations, and all applications subject to the right of first refusal of the Native people to act as an outfitter are subject to the following terms and conditions.

Every application shall be submitted to the Minister, who shall forward a copy thereof to the Coordinating Committee.

Every application for the issue or the renewal of an outfitter’s licence shall indicate, as the case may be, the names of the partners and their respective interests in the partnership or the names of the shareholders owning full voting shares, the number of shares held by each shareholder and the number of votes attached to each share.

Every application for transfer shall contain all relevant information relating to the terms and conditions of the proposed transfer and the Minister shall forward a copy of such documents to the Coordinating Committee, which shall ascertain the bonafide nature of the conditions of the transfer.

The Coordinating Committee shall review every such application and recommend to the Minister its acceptance or refusal.

When the Minister agrees with the recommendation of the Coordinating Committee to accept an application, he shall so inform the Committee, which shall forthwith transmit to the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation written notice of such application including all relevant information. No such notice shall be given when such application is for the renewal of a licence, lease or other authorization.

Within four months from receipt of the notice specified in the preceding paragraph, the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation shall reply in writing to the Coordinating Committee indicating whether or not it or any Native person it designates intends to operate the outfitting facilities referred to in the said application.

If the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation fails to reply to the Coordinating Committee within the delay stipulated in the preceding paragraph, or if it declares before the end of the said delay that neither it nor a Native person designated by it intends to operate the outfitting facilities referred to in the application, the right of first refusal of the Native people lapses with respect to that application. The Coordinating Committee shall forthwith inform the Minister, who may then issue the licence, lease or other authorization requested in the application.

If, within the delay stipulated in the seventh paragraph, the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation informs the Coordinating Committee in writing that it or a Native person designated by it intends to operate the outfitting facilities referred to in the application, the Coordinating Committee shall forthwith so inform the Minister, who shall issue the requested licence, lease or other authorization, except where there is just cause under a law or regulation not to issue the licence, lease or authorization.

The Native party that exercises the right of first refusal at the time of an application for the transfer of an outfitter’s licence shall replace the intended transferee from the date on which the Native party informs the Coordinating Committee in accordance with the seventh paragraph. From that date, the Native party shall have the same rights and the same obligations as the intended transferee had at the time of the offer to transfer, with such changes as are necessary with respect to the delays stipulated therein.

1978, c. 92, s. 51; 1979, c. 25, s. 78; 1989, c. 40, s. 4.

1979-08-15

51. Subject to section 49, in Category III lands, all applications respecting outfitting operations, for the issue, renewal or transfer of outfitter’s licences, fish and game leases and other authorizations, and all applications subject to the right of first refusal of the Native people to act as an outfitter are subject to the following terms and conditions.

Every application shall be submitted to the Minister, who shall forward a copy thereof to the Coordinating Committee.

Every application for transfer shall contain all relevant information relating to the terms and conditions of the proposed transfer and the Minister shall forward a copy of such documents to the Coordinating Committee, which shall ascertain the bonafide nature of the conditions of the transfer.

The Coordinating Committee shall review every such application and recommend to the Minister its acceptance or refusal.

When the Minister agrees with the recommendation of the Coordinating Committee to accept an application, he shall so inform the Committee, which shall forthwith transmit to the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation written notice of such application including all relevant information. No such notice shall be given when such application is for the renewal of a licence, lease or other authorization.

Within four months from receipt of the notice specified in the preceding paragraph, the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation shall reply in writing to the Coordinating Committee indicating whether or not it or any Native person it designates intends to operate the outfitting facilities referred to in the said application.

If the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation fails to reply to the Coordinating Committee within the delay stipulated in the preceding paragraph, or if it declares before the end of the said delay that neither it nor a Native person designated by it intends to operate the outfitting facilities referred to in the application, the right of first refusal of the Native people lapses with respect to that application. The Coordinating Committee shall forthwith inform the Minister, who may then issue the licence, lease or other authorization requested in the application.

If, within the delay stipulated in the sixth paragraph, the interested Cree Regional Authority, Naskapi Landholding Corporation or Makivik Corporation informs the Coordinating Committee in writing that it or a Native person designated by it intends to operate the outfitting facilities referred to in the application, the Coordinating Committee shall forthwith so inform the Minister, who shall issue the requested licence, lease or other authorization, except where there is just cause under a law or regulation not to issue the licence, lease or authorization.

1978, c. 92, s. 51; 1979, c. 25, s. 78.

1979-02-14

51. Subject to section 49, in Category III lands, all applications respecting outfitting operations, for the issue, renewal or transfer of outfitter’s licences, fish and game leases and other authorizations, and all applications subject to the right of first refusal of the Native people to act as an outfitter are subject to the following terms and conditions.

Every application shall be submitted to the Minister, who shall forward a copy thereof to the Coordinating Committee.

Every application for transfer shall contain all relevant information relating to the terms and conditions of the proposed transfer and the Minister shall forward a copy of such documents to the Coordinating Committee, which shall ascertain the bonafide nature of the conditions of the transfer.

The Coordinating Committee shall review every such application and recommend to the Minister its acceptance or refusal.

When the Minister agrees with the recommendation of the Coordinating Committee to accept an application, he shall so inform the Committee, which shall forthwith transmit to the interested Cree Regional Authority or Makivik Corporation written notice of such application including all relevant information. No such notice shall be given when such application is for the renewal of a licence, lease or other authorization.

Within four months from receipt of the notice specified in the preceding paragraph, the interested Cree Regional Authority or Makivik Corporation shall reply in writing to the Coordinating Committee indicating whether or not it or any Native person it designates intends to operate the outfitting facilities referred to in the said application.

If the interested Cree Regional Authority or Makivik Corporation fails to reply to the Coordinating Committee within the delay stipulated in the preceding paragraph, or if it declares before the end of the said delay that neither it nor the Native person designated by it intends to operate the outfitting facilities referred to in the application, the right of first refusal of the Native people lapses with respect to that application. The Coordinating Committee shall forthwith inform the Minister,who may then issue the licence, lease or other authorization requested in the application.

If, within the delay stipulated in the sixth paragraph, the interested Cree Regional Authority or Makivik Corporation informs the Coordinating Committee in writing that it or a Native person designated by it intends to operate the outfitting facilities referred to in the application, the Coordinating Committee shall forthwith so inform the Minister, who shall issue the requested licence, lease or other authorization, except where there is just cause under a law or regulation not to issue the licence, lease or authorization.

1978, c. 92, s. 51.