G-1.04 - Act establishing the Eeyou Istchee James Bay Regional Government

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter G-1.04

Act establishing the Eeyou Istchee James Bay Regional Government

CHAPTER I PRELIMINARY PROVISIONS

1. In this Act, unless the context indicates otherwise,

(1)  “Agreement” means the Agreement referred to in the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67);

(2)  “Cree Communities” means any collectivity of Crees to whom Category I lands have been transferred under the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), as well as the Crees of Oujé-Bougoumou;

(3)  “Crees” means the persons eligible under Chapter 3 of the Agreement;

(4)  “Crees of Oujé-Bougoumou” means the collectivity composed of persons identified as affiliated to the community known as Oujé-Bougoumou, and including persons enrolled or entitled to be enrolled as Cree beneficiaries under the Agreement, and acting through the Oujé-Bougoumou Eenuch Association until such time as the Oujé-Bougoumou Band is constituted as a corporation under the Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18) and, thereafter, the Oujé-Bougoumou Band;

(5)  “enclosed municipalities” designates Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami;

(6)  “Category I lands”, “Category II lands” and “Category III lands” mean lands, within the meaning of Title III of the Act respecting the land regime in the James Bay and New Québec territories, located south of the 55th parallel north, and the Category I lands transferred to the Cree community of Whapmagoostui.

2013, c. 19, s. 1.

2. The Minister of Municipal Affairs, Regions and Land Occupancy is responsible for the administration of this Act, in which “Minister” designates that minister, unless the context indicates otherwise.

2013, c. 19, s. 2.

CHAPTER II ESTABLISHMENT OF THE EEYOU ISTCHEE JAMES BAY REGIONAL GOVERNMENT

3. A legal person is established in the public interest under the name “Gouvernement régional d’Eeyou Istchee Baie-James” for the territory described in section 5.

The Regional Government may also be designated under the name “Eenou Chishaauchimaau” in Cree, and the name “Eeyou Istchee James Bay Regional Government” in English.

2013, c. 19, s. 3.

4. The Regional Government is a municipal body governed by the Cities and Towns Act (chapter C-19), subject to the special provisions of this Act. As such, it has the powers of a municipality governed by that Act and is subject to the Acts applicable to such a municipality; the Regional Government also has any other powers otherwise conferred on it by law.

However, the Gouvernement du Québec may declare any provision of an Act inapplicable, in whole or in part, to the Regional Government or to all or part of its territory. The order comes into force on the date of its publication in the Gazette officielle du Québec or on any later date set in the order.

2013, c. 19, s. 4.

CHAPTER III TERRITORY OF THE REGIONAL GOVERNMENT

5. The Regional Government’s territory is comprised of the territory of Municipalité de Baie-James as it existed on 31 December 2013, with the exception of the Category II lands.

2013, c. 19, s. 5.

CHAPTER IV ORGANIZATION OF THE REGIONAL GOVERNMENT

DIVISION I COUNCIL

§ 1 . — Composition

6. The following persons are members of the Regional Government’s council:

(1)  the chair of the Cree Nation Government;

(2)  10 persons designated by the council of the Cree Nation Government from among its members;

(3)  11 persons designated by the Minister from among the members of the councils of the enclosed municipalities and the persons, other than the Crees, residing within the Regional Government’s territory.

2013, c. 19, s. 6.

7. The chair of the Cree Nation Government and a member of the group referred to in paragraph 3 of section 6 act, in alternation, as chair and vice-chair of the council for two-year terms.

To that end, the members of the group referred to in paragraph 3 of section 6 designate the member mentioned in the first paragraph, from among their number, by secret ballot held at a meeting of the council. For the purposes of that designation, and despite section 8, each of the members has one vote.

For the purposes of any Act, the chair and vice-chair are considered to be, respectively, the mayor and acting mayor.

2013, c. 19, s. 7.

§ 2 . — Distribution of votes

8. The council members belonging to the group referred to in paragraphs 1 and 2 of section 6 each have two votes.

Each of the council members belonging to the group referred to in paragraph 3 of section 6 has the number of votes determined by the Minister, for a total of 22 votes among them. To that end, the Minister takes into account, in particular, the relative demographic weight of the population represented by each of the members of the group.

2013, c. 19, s. 8.

§ 3 . — Decisions

9. Any matter which, pursuant to an Act, requires approval by a two-thirds majority of the council members of a municipality, requires a two-thirds majority of the votes of

(1)  all of the members of the group referred to in paragraphs 1 and 2 of section 6, including the votes cast by representatives of at least three communities included in that group; and

(2)  all of the members of the group referred to in paragraph 3 of section 6, including the votes cast by representatives of at least three communities included in that group.

2013, c. 19, s. 9.

10. The double majority provided for in section 9 also applies to any decision concerning

(1)  the change of location of the Regional Government’s head office;

(2)  the establishment or abolition of a locality;

(3)  the constitution or abolition of a local council;

(4)  the Regional Government’s position regarding any constitution, amalgamation or annexation of a municipality on the territory of the Regional Government;

(5)  agreements referred to in section 35, including any modifications to them that affect the level of services provided under such agreements;

(6)  the adoption of the budget or the use of budgetary surpluses;

(7)  any affirmation of jurisdiction made under section 20 or 24;

(8)  the adoption, amendment or revision of a strategic vision statement or land use planning and development plan in accordance with an affirmation of jurisdiction made under section 20 or 24;

(9)  the adoption, amendment or revision, in its capacity as a responsible body under section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), of the five-year development plan required under section 21.7 of that Act and the approval of the regional plan for integrated land and resource development required under section 21.17.2 of that Act; and

(10)  an opinion given under section 24 of the Act respecting the lands in the domain of the State (chapter T-8.1) with regard to a proposed land use plan.

The Gouvernement du Québec may, at the request of the Regional Government, amend the first paragraph to add or strike out elements for which a decision requires a double majority vote as set out in section 9. The amending order comes into force on the date of its publication in the Gazette officielle du Québec or on any later date set in the order.

The double majority provided for in section 9 applies to the adoption of a resolution by which the Regional Government formulates a request under the second paragraph.

2013, c. 19, s. 10; 2015, c. 8, s. 232.

§ 4 . — Meetings

11. The council holds regular meetings at least once a month, except if otherwise provided in the schedule of its meetings.

2013, c. 19, s. 11.

12. A member of the council may take part in deliberations and vote at a meeting of the council from a separate location, by telephone or other means of communication, provided that the means of communication used enables all persons participating in the meeting to hear one another.

A member of the council may exercise this right only if the chair, or the person replacing the chair, and the clerk are present at the location in which the meeting is being held and, in the case of a regular meeting, if there is a quorum at that location.

The minutes of the meeting must mention the names of the members who participate in such a manner and the means of communication used; these members are deemed to be present at the meeting.

2013, c. 19, s. 12.

13. Any person may, by telephone or any other means of communication and to the extent that the means of communication allows, attend a council meeting from any public place from which a member of the council is attending the meeting, and may address written or oral questions to members of the council during the question period.

2013, c. 19, s. 13.

14. The quorum for a meeting is 12 members, including at least six members of the group described in paragraphs 1 and 2 of section 6 and six members of the group described in paragraph 3 of section 6.

2013, c. 19, s. 14.

15. For the purpose of determining where the council will hold its meetings, the Regional Government’s territory is deemed to comprise the territory of the Cree communities and the territory of the enclosed municipalities.

If the council fails to determine the location of its meetings, the meetings are held at the location determined by the Minister for the first meeting, under section 92.

2013, c. 19, s. 15.

16. A notice of convocation to a special meeting of the council must be notified to every member of the council not later than 48 hours before the time set for the beginning of the meeting.

2013, c. 19, s. 16; I.N. 2016-01-01 (NCCP).

17. The minimum number of members required to call a special meeting of the council is 10, including at least five members of the group described in paragraphs 1 and 2 of section 6 and five members of the group described in paragraph 3 of section 6.

2013, c. 19, s. 17.

DIVISION II EXECUTIVE COMMITTEE

18. The Regional Government has an executive committee.

The members of the executive committee are appointed for a two-year term.

2013, c. 19, s. 18.

DIVISION III EMPLOYEES

19. The Regional Government must appoint a director general and an assistant director general, and, to the extent possible, ensure a balance in the representation of Crees and non-Crees in filling these positions.

2013, c. 19, s. 19.

CHAPTER V SPECIAL JURISDICTIONS OF THE REGIONAL GOVERNMENT

DIVISION I AFFIRMATION OF INTRATERRITORIAL JURISDICTION

20. The Regional Government may affirm its jurisdiction, on all or part of its territory, with respect to any field of jurisdiction assigned by an Act to a regional county municipality.

2013, c. 19, s. 20.

21. The resolution by which the Regional Government affirms its jurisdiction identifies the field of jurisdiction concerned and, if the affirmation of jurisdiction affects only a part of its territory, describes the part of the territory to which the affirmation applies.

An authenticated copy of the affirmation is sent to the Minister and to any other minister responsible for the administration of the Act that confers the jurisdiction concerned.

2013, c. 19, s. 21.

22. The affirmation of jurisdiction takes effect on the date on which the Minister publishes a notice to that effect in the Gazette officielle du Québec or on any later date set in the notice.

2013, c. 19, s. 22.

23. The exercise by the Regional Government of a jurisdiction referred to in section 20 may be the object of an agreement between the Regional Government and the Gouvernement du Québec providing for any adaptations required to take into account the specific character of the Regional Government and the territory concerned. Such an agreement may derogate from any legislative provision.

The agreement mentions the date of its coming into force.

The Minister publishes the agreement in the Gazette officielle du Québec, together with a notice specifying the date of its coming into force.

2013, c. 19, s. 23.

DIVISION II AFFIRMATION OF EXTRATERRITORIAL JURISDICTION

24. The Regional Government may affirm its jurisdiction over all or part of any Category I land or over all or part of the territory of any of the enclosed municipalities with respect to any field of jurisdiction belonging to a regional county municipality or a local municipality.

For an affirmation of jurisdiction to be applicable to Category I land or to the territory of an enclosed municipality, it must be made at the request of the Cree community or enclosed municipality concerned, by a unanimous resolution of all of the members of its council.

2013, c. 19, s. 24.

25. The resolution by which the Regional Government affirms its jurisdiction must identify any Cree communities or enclosed municipalities to which the affirmation of jurisdiction applies. Where applicable, it mentions that the affirmation of jurisdiction applies to only a part of the Cree community’s or the enclosed municipality’s territory and contains a description of the territory concerned.

An authenticated copy of the resolution is sent to the Minister and, if applicable, to any other minister responsible for the administration of the Act that confers the jurisdiction concerned.

Sections 22 and 23 apply, with the necessary modifications.

2013, c. 19, s. 25.

DIVISION III LOCALITIES

26. The Regional Government may constitute any part of its territory as a locality and determines the name of any locality so constituted.

2013, c. 19, s. 26.

27. A locality is administered by a local council consisting of the number of members determined by the Regional Government, which, however, must not exceed five.

2013, c. 19, s. 27.

28. The members of a local council are elected every four years, on the first Sunday of November, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

Every natural person who would be qualified to vote at a referendum if the date of reference, within the meaning of the Act respecting elections and referendums in municipalities, were that of the poll, is eligible for the office of member of the local council and entitled to vote at the election of its members.

2013, c. 19, s. 28.

29. The local council exercises, with respect to the territory constituted as a locality, the powers delegated to it by the Regional Government, to the extent and on the conditions determined by regulation.

2013, c. 19, s. 29.

30. In a case of irresistible force that might endanger the life or health of the population or seriously damage the equipment of the locality, the chair of the local council may order such expenditure as the chair considers necessary and award any contract necessary to remedy the situation. In such a case, the chair must make a report with reasons to the council having jurisdiction with respect to the matter, at that council’s next meeting.

2013, c. 19, s. 30.

DIVISION IV MISCELLANEOUS PROVISIONS

31. The Regional Government has the powers required to fulfill the obligations stipulated in an agreement to which it is party with the Gouvernement du Québec or one of its ministers or bodies, with a mandatary of the State or, if the agreement is excluded from the application of the Act respecting the Ministère du Conseil exécutif (chapter M-30) or for the conclusion of which prior authorization was obtained under that Act, with the Government of Canada or one of its ministers, bodies or mandataries.

2013, c. 19, s. 31.

32. Where the Regional Government affirms its jurisdiction with respect to the land use planning and development plan provided for in the Act respecting land use planning and development (chapter A-19.1), the minister responsible for the administration of that Act establishes, in collaboration with the Regional Government, government policy directions specific to the Regional Government’s territory. These policy directions must take into account the specific character of the territory concerned, the participation, where applicable, of any person to whom part of the management of the territory has been conferred by law, and the specific issues related to the development of its resources in keeping with the principle of sustainable development.

2013, c. 19, s. 32.

CHAPTER VI FINANCE AND TAXATION

33. The Regional Government may pay sums into a fund created to achieve a fiscal and financial balance between the Regional Government, the enclosed municipalities and the localities. A by-law of the council sets out the method of financing the fund and the manner in which it is to be managed.

If the fund is abolished, the sums are returned to the Regional Government’s general fund.

2013, c. 19, s. 33.

34. In addition to imposing a general property tax at different rates based on the categories to which the units of assessment belong under section 244.30 of the Act respecting municipal taxation (chapter F-2.1), the Regional Government may impose the tax at different rates based on the parts of the territory it determines.

2013, c. 19, s. 34.

35. The Regional Government may enter into a fiscal equity agreement with an enclosed municipality or the council of a locality for the provision of municipal services by the enclosed municipality or the locality to a service area as defined in the second paragraph.

“Service area” means an inhabited part of the Regional Government’s territory that, on 1 January 2014, receives certain municipal services from Ville de Chapais, Ville de Lebel-sur-Quévillon, Ville de Matagami or the locality of Radisson under an agreement of the same nature as that mentioned in the first paragraph.

2013, c. 19, s. 35.

CHAPTER VII MISCELLANEOUS PROVISIONS

36. The Regional Government must, where applicable, take the necessary measures to have any text intended to be understood by a Cree translated into either Cree or English.

Nothing in the first paragraph must be interpreted as authorizing an infringement of the right to work in French in the Regional Government, in keeping with the provisions of the Charter of the French language (chapter C-11).

2013, c. 19, s. 36.

37. Before 1 January 2023, and every 10 years after that, the Gouvernement du Québec and the Cree Nation Government must reassess the composition of the Regional Government’s council and the distribution of votes among its members and may, where applicable, determine by agreement a new formula in that respect.

The formula mentioned in the first paragraph is intended to ensure that the representation on the council of the populations concerned is consistent with democratic principles and reflects the demographic realities of the Regional Government’s territory. To that end, the members of those populations who are absent from the territory for reasons related to health, education or work within a Cree Entity, as defined in paragraph d of section 1 of the Agreement on Governance in the Eeyou Istchee James Bay Territory entered into between the Gouvernement du Québec and the Eeyou Istchee Cree on 24 July 2012, are also taken into consideration.

As soon as possible after an agreement is entered into under the first paragraph, the Gouvernement du Québec submits to the National Assembly the legislative amendments necessary to give it effect. Until such an agreement has been entered into and the amendments required to give it effect come into force, sections 6 and 8 continue to apply.

2013, c. 19, s. 37; I.N. 2014-01-01.

38. The Regional Government may carry on any agricultural activity mentioned in section 1 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) on any part of its territory that it determines.

It may establish with a cooperative governed by the Cooperatives Act (chapter C-67.2) a mixed enterprise company whose jurisdiction is that mentioned in the first paragraph.

The Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01) applies to a mixed enterprise company established under the second paragraph, except for the second paragraph of section 14, section 15 and the second paragraph of section 22 of that Act.

2013, c. 19, s. 38.

39. For the purpose of applying sections 303 to 306 and 357 to 362 of the Act respecting elections and referendums in municipalities (chapter E-2.2) and the other provisions of that Act related to those sections to the Regional Government council members who are also members of the council of one of the enclosed municipalities, the Regional Government is considered to be a municipal body within the meaning of section 307 of that Act.

Any other member of the council who has a direct or indirect interest in an enterprise causing the member’s personal interest to conflict with that of the Regional Government must, on pain of forfeiture of office, disclose the interest in writing to the council and abstain from participating in any discussion or decision involving the enterprise in which the member has an interest or in any part of a meeting of the council during which the interest is discussed.

2013, c. 19, s. 39.

40. The Regional Government is considered to be a supramunicipal body for the purpose of applying the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) and sections 21 to 23, 30.1 and 31 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) to the members of the Regional Government’s council who are also members of the council of one of the enclosed municipalities.

It may also, with respect to the other members of the council, adhere to the pension plan established by the Act respecting the Pension Plan of Elected Municipal Officers.

The Regional Government may exercise, with respect to all of the members of its council, the powers conferred on a regional county municipality by section 30.0.3 of the Act respecting the remuneration of elected municipal officers.

2013, c. 19, s. 40.

41. The Regional Government adopts an employment, hiring, vocational training and professional development policy; this policy provides, among other things, for measures aimed specifically at Cree workers with a view to facilitating their access to the job opportunities within the Regional Government, as well as to vocational training and professional development activities.

2013, c. 19, s. 41.

CHAPTER VIII AMENDING PROVISIONS

ACT RESPECTING THE CREE REGIONAL AUTHORITY

42. (Amendment integrated into c. G-1.031, title of the Act).

2013, c. 19, s. 42.

43. (Amendment integrated into c. G-1.031, s. 1).

2013, c. 19, s. 43.

44. (Amendment integrated into c. G-1.031, s. 2).

2013, c. 19, s. 44.

45. (Amendment integrated into c. G-1.031, heading of Division III).

2013, c. 19, s. 45.

46. (Amendment integrated into c. G-1.031, s. 6).

2013, c. 19, s. 46.

47. (Amendment integrated into c. G-1.031, ss. 6.1-6.5).

2013, c. 19, s. 47.

48. (Amendment integrated into c. G-1.031, ss. 79.1-79.26).

2013, c. 19, s. 48.

49. (Amendment integrated into c. G-1.031, s. 1, heading of Division II, ss. 3-9, 11, 12, 15, 16, 20-23, 32, 36, 38, 39, 45, 47, 49-53, 55-57, 59, 61, 62, 64, 68, 69, 71-73, 76-80, 83, 86-91, 93-95, 97, 107, 108, 110, 111, schedule).

2013, c. 19, s. 49.

50. (Omitted).

2013, c. 19, s. 50.

51. (Amendment integrated into c. G-1.031, s. 112).

2013, c. 19, s. 51.

ACT RESPECTING LAND USE PLANNING AND DEVELOPMENT

52. (Amendment integrated into c. A-19.1, s. 266).

2013, c. 19, s. 52.

ACT RESPECTING THE JAMES BAY REGIONAL ZONE COUNCIL

53. (Omitted).

2013, c. 19, s. 53.

ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE

54. (Amendment integrated into c. C-61.1, s. 15.1).

2013, c. 19, s. 54.

JAMES BAY REGION DEVELOPMENT AND MUNICIPAL ORGANIZATION ACT

55. (Amendment integrated into c. D-8.0.1, title of the Act).

2013, c. 19, s. 55.

56. (Amendment integrated into c. D-8.0.1, s. 4).

2013, c. 19, s. 56.

57. (Amendment integrated into c. D-8.0.1, s. 4.2).

2013, c. 19, s. 57.

58. (Amendment integrated into c. D-8.0.1, s. 4.3.1).

2013, c. 19, s. 58.

59. (Amendment integrated into c. D-8.0.1, s. 8).

2013, c. 19, s. 59.

60. (Amendment integrated into c. D-8.0.1, s. 29).

2013, c. 19, s. 60.

61. (Omitted).

2013, c. 19, s. 61.

ACT RESPECTING THE MINISTÈRE DES AFFAIRES MUNICIPALES, DES RÉGIONS ET DE L’OCCUPATION DU TERRITOIRE

62. (Amendment integrated into c. M-22.1, s. 21.5).

2013, c. 19, s. 62.

63. (Amendment integrated into c. M-22.1, s. 21.7.1).

2013, c. 19, s. 63.

64. (Amendment integrated into c. M-22.1, s. 21.8).

2013, c. 19, s. 64.

65. (Amendment integrated into c. M-22.1, s. 21.8.1).

2013, c. 19, s. 65.

66. (Amendment integrated into c. M-22.1, s. 21.12.1).

2013, c. 19, s. 66.

67. (Amendment integrated into c. M-22.1, s. 21.13).

2013, c. 19, s. 67.

68. (Amendment integrated into c. M-22.1, s. 21.17).

2013, c. 19, s. 68.

69. (Amendment integrated into c. M-22.1, s. 21.17.1).

2013, c. 19, s. 69.

70. (Amendment integrated into c. M-22.1, s. 21.17.2).

2013, c. 19, s. 70.

71. (Amendment integrated into c. M-22.1, s. 21.30).

2013, c. 19, s. 71.

ACT RESPECTING THE MINISTÈRE DU DÉVELOPPEMENT ÉCONOMIQUE, DE L’INNOVATION ET DE L’EXPORTATION

72. (Amendment integrated into c. M-30.01, s. 96).

2013, c. 19, s. 72.

ACT RESPECTING MUNICIPAL TERRITORIAL ORGANIZATION

73. (Amendment integrated into c. O-9, s. 37).

2013, c. 19, s. 73.

POLICE ACT

74. (Amendment integrated into c. P-13.1, s. 102.7).

2013, c. 19, s. 74.

ENVIRONMENT QUALITY ACT

75. (Amendment integrated into c. Q-2, s. 131).

2013, c. 19, s. 75.

76. (Amendment integrated into c. Q-2, s. 140).

2013, c. 19, s. 76.

77. (Amendment integrated into c. Q-2, s. 145).

2013, c. 19, s. 77.

78. (Amendment integrated into c. Q-2, s. 152).

2013, c. 19, s. 78.

ACT RESPECTING THE PENSION PLAN OF ELECTED MUNICIPAL OFFICERS

79. (Amendment integrated into c. R-9.3, heading of Chapter VI.0.3).

2013, c. 19, s. 79.

80. (Amendment integrated into c. R-9.3, s. 63.0.11).

2013, c. 19, s. 80.

81. (Amendment integrated into c. R-9.3, s. 63.0.12).

2013, c. 19, s. 81.

82. (Amendment integrated into c. R-9.3, s. 63.0.13).

2013, c. 19, s. 82.

ACT RESPECTING THE LANDS IN THE DOMAIN OF THE STATE

83. (Amendment integrated into c. T-8.1, s. 24).

2013, c. 19, s. 83.

84. (Amendment integrated into c. T-8.1, s. 25).

2013, c. 19, s. 84.

CREE VILLAGES AND THE NASKAPI VILLAGE ACT

85. (Amendment integrated into c. V-5.1, s. 1).

2013, c. 19, s. 85.

86. (Amendment integrated into c. V-5.1, s. 11).

2013, c. 19, s. 86.

87. (Amendment integrated into c. V-5.1, s. 18).

2013, c. 19, s. 87.

CHAPTER IX MISCELLANEOUS AND TRANSITIONAL PROVISIONS

88. Subject to sections 89 and 90, the Regional Government succeeds to the rights, obligations and charges of Municipalité de Baie-James and becomes, without continuance of suit, a party to all proceedings, in its place.

The by-laws, resolutions, minutes, assessment roll, collection roll and other acts of Municipalité de Baie-James that are consistent with the provisions of this Act remain in force, on the Regional Government’s territory, until their objects are attained or until they are replaced or repealed in accordance with this Act. They are deemed to be acts of the Regional Government.

A fiscal equity agreement, of the kind provided for in section 35, which is in force on 1 January 2014, is, at the end of its term, renewed for three years. This renewal also applies at the end of the first renewal period and at the end of each subsequent renewal period unless notice to the contrary is given by one of the parties to the agreement to the other party to the agreement no later than the first day of the 12th month before the current term expires.

2013, c. 19, s. 88.

89. The following assets are transferred to the James Bay Regional Administration:

(1)  the fund consisting of the sums paid by Hydro-Québec to Municipalité de Baie-James, described as the “Fonds de développement régional” in the municipality’s annual financial report;

(2)  the fund described as the “Fonds CLD” in that municipality’s annual financial report; and

(3)  any unexpended sums allocated under the Agreement entered into pursuant to Québec’s National Policy on Rurality.

The James Bay Regional Administration succeeds Municipalité de Baie-James with regard to the rights, obligations and charges resulting from an agreement, a contract or any other act establishing the existence of the funds referred to in the first paragraph.

2013, c. 19, s. 89.

90. The James Bay Regional Administration succeeds Municipalité de Baie-James with regard to the rights, obligations and charges resulting from an agreement entered into under section 21.30 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1) or under section 89 or 96 of the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), as well as from the specific agreement concerning the James Bay Joint Action Mining Committee for the Nord-du-Québec region entered into on 28 March 2013 between the Minister of Natural Resources, the Minister of Employment and Social Solidarity, the Minister of Municipal Affairs, Regions and Land Occupancy, the regional conference of elected officers of James Bay, Municipalité de Baie-James and the James Bay Joint Action Mining Committee.

The James Bay Regional Administration also succeeds to the rights, obligations and charges of the regional conference of elected officers constituted for the territory of Municipalité de Baie-James and for the territories of Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami under the third paragraph of section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire as it read before the amendment enacted by section 62 of chapter 19 of the statutes of 2013.

2013, c. 19, s. 90.

91. In any Act, regulation, order, contract or other document, a reference to Municipalité de Baie-James is a reference to the Eeyou Istchee James Bay Regional Government and a reference to the Cree Regional Authority is a reference to the Cree Nation Government, unless the context indicates otherwise.

The first paragraph applies, subject to the second paragraph of section 89 and to section 90.

2013, c. 19, s. 91.

92. During the first five years following 1 January 2014, the Regional Government ensures the maintenance in the localities of the municipal services provided by Municipalité de Baie-James as they existed on 24 July 2012; it also ensures that the localities receive administrative and financial support at least equivalent to that provided by Municipalité de Baie-James at that date.

For the purposes of the first paragraph, the level of services or support required is established in reference, if necessary, to the budgetary estimates of Municipalité de Baie-James for the 2012 fiscal year.

2013, c. 19, s. 92.

93. The employees of Municipalité de Baie-James become, without reduction in salary, employees of the Regional Government and retain their seniority and employee benefits; they cannot be laid off or dismissed solely by reason of the constitution of the Regional Government. No decision of the council affecting their place of work may come into effect, solely by reason of the constitution of the Regional Government, before the day occurring five years after 1 January 2014, subject to the employer’s natural right to transfer employees to satisfy operational needs.

The first paragraph also applies to those among the employees of the regional conference of elected officers constituted for the territory of Municipalité de Baie-James and the territory of Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami by the third paragraph of section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as it read before the amendment enacted by section 62 of chapter 19 of the statutes of 2013, who work for the regional land and natural resource commission or the local integrated land and resource management panel within the scope of sections 21.17.1 to 21.17.3 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire.

2013, c. 19, s. 93.

94. No decision of the council concerning the location of the Regional Government’s head office or its main offices may come into effect before the day occurring five years after 1 January 2014.

The first paragraph does not prevent the Regional Government from establishing other offices on its own territory or that of a Cree community or an enclosed municipality, or from taking any measure aimed at promoting access to employment opportunities for Cree workers, including telework, sub-contracts and service contracts.

2013, c. 19, s. 94.

95. The Minister determines the location in which the first meeting of the Regional Government’s council is to be held.

2013, c. 19, s. 95.

96. In addition to the persons who are members of the Regional Government’s council under section 6, a person designated by the deputy minister of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire from among the department’s management staff is also a member, but is not entitled to vote.

From 1 January 2019, the Regional Government and the Gouvernement du Québec shall jointly reassess that member’s presence within the Regional Government’s council. If it is deemed irrelevant, that person ceases to be a member of the council from the date of the joint signing, by the Minister of Municipal Affairs, Regions and Land Occupancy and the Minister responsible for Division III.2 of the Act respecting the Ministère du Conseil exécutif (chapter M-30), of an agreement to that effect with the Regional Government.

2013, c. 19, s. 96.

97. For the purposes of the alternation provided for in section 7, a random draw determines the groups mentioned in that section from which the first chair and vice-chair of the council will be chosen.

2013, c. 19, s. 97.

98. Until 1 January 2023,

(1)  two members of the Regional Government’s executive committee are chosen by and from among the members of the group referred to in paragraphs 1 and 2 of section 6; and

(2)  two members of the Regional Government’s executive committee are chosen by and from among the members of the group referred to in paragraph 3 of section 6.

The term of a member of the executive committee that is under way on the date set in the first paragraph ends on that date.

2013, c. 19, s. 98.

99. The budget of each of the first five fiscal years of the Regional Government must be approved by the Minister before it is adopted.

The time extension provided for in the third paragraph of subsection 3 of section 474 of the Cities and Towns Act (chapter C-19) may specifically apply to the Regional Government to take into account the time inherent in the application of the first paragraph.

For the purposes of the fifth paragraph of subsection 3 of section 474 of the Cities and Towns Act as it applies to the Regional Government’s budget for the fiscal year 2014, “budget of the preceding fiscal year” designates the budget of Municipalité de Baie-James for the fiscal year 2013.

2013, c. 19, s. 99.

100. Despite any provision to the contrary, the next regular election to the council of the localities of Valcanton, Villebois and Radisson is to be held on 5 November 2017.

2013, c. 19, s. 100.

101. The Gouvernement du Québec may, by regulation and with the consent of the Regional Government or the Cree Nation Government, enact any provision providing for the manner in which a legislative provision of the Regional Government or the Cree Nation Government or any consequential or transitional provision ensuring the administration of the Act is to be applied.

A regulation referred to in the first paragraph is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1) and may apply, after publication and if the regulation so provides, from a date not prior to 1 January 2014.

2013, c. 19, s. 101.

X

102. (Omitted).

2013, c. 19, s. 102.