S-3.2 - Act respecting income security for Cree hunters and trappers who are beneficiaries under the Agreement concerning James Bay and Northern Québec

Abrogée le 19 décembre 2002

Ce document a valeur officielle.

chapter S-3.2

Act respecting income security for Cree hunters and trappers who are beneficiaries under the Agreement concerning James Bay and Northern Québec

Repealed, 2002, c. 81, s. 20.

2002, c. 81, s. 20.

CHAPTER I INTERPRETATION

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

(a)  “harvesting activities” or “harvesting” means the activities involved in the exercise of the right to harvest contemplated in the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1), excluding commercial fishing;

(b)  “related activities” means men’s or women’s activities related to harvesting activities, including, in particular,

i.  the making or repairing of equipment used in hunting, fishing or trapping;

ii.  the preparation of food supplies, clothing, habitations, materials, equipment and land improvements necessary for harvesting activities;

iii.  the processing, transportation and marketing of the products of harvesting activities;

iv.  the domestic production of handicrafts from products of harvesting;

v.  remedial works and the protection and improvement of wildlife;

vi.  surveys or management of wildlife to assist harvesting activities;

vii.  transportation to and from bush camps and harvesting sites;

viii.  the work carried out as a member of a local committee, not exceeding 10 days per year;

(c)  “activities for the development of the territory” means activities attached to the traditional culture and way of life of the Natives which are connected with the management of the environment and the development of the resources of the territory, and with the maintenance of optimum biological productivity, or with training programmes which fit with the activities contemplated in the programme;

(d)  “local administrator” means the person appointed in accordance with section 30;

(e)  “local government” means any Cree village constituted by the Cree Villages Act (chapter V-5.1);

(f)  “Regional Authority” means the legal person established in the public interest by the Act respecting the Cree Regional Authority (chapter A-6.1);

(g)  “year” means the period extending from 1 July to 30 June;

(h)  “beneficiary” means a Cree beneficiary under the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1);

(i)  “head of a beneficiary unit” means the beneficiary who, taking into account native customs, is considered to provide for the needs of his family, or the beneficiary who is an unattached person 18 years old or over;

(j)  “consort” means a person who lives with another person, as husband and wife, taking into account native customs;

(k)  “dependent child” means an unmarried beneficiary who is less than 18 years of age and who, whatever his filiation and taking into account native customs, is considered to be dependent, for the greater part of the year or while in the bush, upon the providing member of the family;

(l)  “settlement” means a permanent collectivity of habitations continuously inhabited and used;

(m)  “family” means the consorts, with or without dependent children, or a person who is 18 years old or over with one or more dependent children, taking into account native customs;

(n)  “Minister” means the Minister of Employment and Solidarity;

(o)  “Board” means the Cree Hunters and Trappers Income Security Board constituted under section 15;

(p)  “income security benefits” means the benefits paid to a beneficiary under this Act;

(q)  “programme” means the Income Security Programme established under this Act;

(r)  “transfer payment programmes” means the programmes constituted by the Aged Persons Assistance Act (1965, 1st session, chapter 61), Chapter I of Title II of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), the Act respecting family benefits (chapter P-19.1) and by the following federal Acts, namely: the National Training Act (Revised Statutes of Canada, 1985, chapter N-19), the Vocational Rehabilitation of Disabled Persons Act (Revised Statutes of Canada, 1985, chapter V-3), the Canada Assistance Plan (Revised Statutes of Canada, 1985, chapter C-1), the Family Allowances Act (Revised Statutes of Canada, 1985, chapter F-1), the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9), the War Veterans Allowance Act (Revised Statutes of Canada, 1985, chapter W-3);

(s)  “time spent in wage employment” means the number of days spent in work that is not a harvesting or related activity and for which a beneficiary receives wages;

(t)  “territory” means, except where the word refers to the territory of a municipality, the territory in which the beneficiaries have the right to practise harvesting activities in virtue of the Act respecting hunting and fishing rights in the James Bay and New Québec territories;

(u)  “beneficiary unit” means a beneficiary family or a beneficiary who is an unattached person 18 years old or over.

1979, c. 16, s. 1; 1981, c. 9, s. 35; 1982, c. 47, s. 17; 1982, c. 53, s. 57; 1988, c. 60, s. 1; 1989, c. 4, s. 14; 1988, c. 51, s. 126; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1996, c. 2, s. 894; 1997, c. 63, s. 128; 1997, c. 57, s. 68; 1998, c. 36, s. 209; 1999, c. 40, s. 265.

CHAPTER II INCOME SECURITY PROGRAMME

DIVISION I GENERAL PROVISIONS

2. A programme is established. It is intended to provide a guaranteed income to beneficiaries, by way of payment of income security benefits. It includes measures intended to encourage the beneficiaries to pursue harvesting activities as a way of life.

1979, c. 16, s. 2.

3. Every beneficiary ordinarily resident in Québec is entitled to income security benefits provided he is eligible thereto in accordance with Division II.

1979, c. 16, s. 3.

4. Every beneficiary is entitled to receive, in addition to income security benefits, benefits paid under a transfer payment programme, under the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1), under Chapter III of Title II of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001) or under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) and pensions paid under the Act respecting the Québec Pension Plan (chapter R-9) or any equivalent plan, if he otherwise has the right to such benefits, indemnities or pensions under the said programme or the said Acts.

1979, c. 16, s. 4; 1985, c. 6, s. 551; 1988, c. 51, s. 127; 1998, c. 36, s. 209.

5. However, a beneficiary is not entitled to combine income security benefits with benefits paid under

(a)  Chapter I of Title II of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001);

(b)  social assistance for Indians; or

(c)  any other guaranteed annual income programme of general application in Québec.

The benefits contemplated in subparagraphs a to c of the first paragraph shall therefore be deducted from any payment of income security benefits contemplated in this Act and payable for the same period.

However, a beneficiary may at any time elect to receive the benefits contemplated in the said subparagraphs a to c, rather than the income security benefits.

1979, c. 16, s. 5; 1988, c. 51, s. 128; 1998, c. 36, s. 209.

DIVISION II CONDITIONS OF ELIGIBILITY

6. A beneficiary unit is eligible to receive income security benefits if, in cases where the Board has been informed in accordance with section 31.3 of the existence of a local committee, the name of its head appears on the list submitted to the Board not later than 21 June each year or, as the case may be, on the list revised in accordance with section 31.11 and submitted to the Board not later than 1 August each year, and if during the year preceding the submission of the application contemplated in section 32:

(a)  its head spent at least 120 days conducting harvesting and related activities of which at least 90 days were spent away from a settlement, and spent more time, during the same period, conducting harvesting and related activities than time in wage employment, without taking into account, in either case, time spent in guiding, outfitting or commercial fishing or the period of time in which he was in receipt of unemployment insurance, workmen’s compensation or manpower training allowances;

(b)  it derived the greater part of its earnings from harvesting and related activities, excluding earnings from guiding, outfitting or commercial fishing;

(c)  it was eligible under paragraph a or b and one of its members was the victim of an accident while pursuing harvesting or related activities, or suffered a disability, which resulted in such unit’s not being eligible under paragraph a or b;

(d)  it was eligible under paragraph a or b and one of its members was the victim of an accident during seasonal employment, which resulted in his becoming eligible for workmen’s compensation and which also resulted in such unit’s not being eligible under paragraph a or b;

(e)  it was eligible under paragraph a or b and its head was forced to abandon or diminish his harvesting and related activities by reason of government action or development activities or in order to allow animal populations to increase to a harvestable level, which resulted in such unit’s not being eligible under paragraph a or b;

(f)  it was eligible under paragraph a or b and its head was engaged in a manpower or self-improvement programme, which resulted in such unit’s not being eligible under paragraph a or b;

(g)  it was eligible under paragraph a or b and its head was engaged in temporary employment on a community improvement programme the object of which was to improve living conditions in the Cree community, financed by governmental programmes or by the resources of the Cree community, which resulted in such unit’s not being eligible under paragraph a or b; or

(h)  it was eligible under paragraph a or b and its head was unable to participate in harvesting and related activities by reason of her pregnancy, the aftereffects of her pregnancy or the care required by her child, thereby rendering the unit ineligible under paragraph a or b.

Furthermore, harvesting or related activities may be replaced, for the purposes of the eligibility of a beneficiary unit, by land development activities, to the extent and on the conditions determined by the Board, after a specific activity has been the subject of a decision of the Minister pursuant to a unanimous recommendation of the Board to the effect that it is a land development activity.

1979, c. 16, s. 6; 1988, c. 60, s. 2.

7. The beneficiary unit contemplated in paragraphs c to g of section 6 is eligible and entitled to income security benefits during the current year and the subsequent year, even if one or more of its members receive the benefits contemplated in subparagraph a, b or c of section 5.

1979, c. 16, s. 7.

7.1. A beneficiary unit shall continue to be entitled to income security benefits during the current year despite the death of the head of the unit.

1988, c. 60, s. 3.

DIVISION III CALCULATION OF INCOME SECURITY BENEFITS

8. Every eligible beneficiary unit shall receive each year an amount of money equal to the sum of

(a)  the amount fixed under section 9, less the total amount of the old age security benefits payable to each member of the unit and 40% of all other income received by each member of the unit, and

(b)  the amount fixed under section 11.

1979, c. 16, s. 8.

9. The guaranteed basic amount is equal to the sum of

(a)  $2 654 for the head of the beneficiary unit and $2 654 for his consort;

(b)  $1 064 for each beneficiary family;

(c)  $1 064 for each beneficiary not living with his parents, grandparents or child; and

(d)  $1 064 for each dependent child.

1979, c. 16, s. 9; 1988, c. 60, s. 4.

10. For the purposes of section 8, the expression “other income” means an amount equal to the sum of

(a)  the income of the beneficiary unit from the sale of furs for an amount established by by-law or, in the absence of a by-law, in excess of $750 for every adult member of the beneficiary unit;

(b)  the amounts received under section 11;

(c)  the net income from guiding, outfitting or commercial fishing and net income from harvesting and related activities, excluding income contemplated in paragraph a;

(d)  the net income from land development activities which have been the subject of a decision of the Minister pursuant to the second paragraph of section 6; and

(e)  all other net income or any salary from all other sources, received by the members of the unit, except net income not in excess of $3 000 paid to a dependent child supplementary to his studies, payments received by the unit in respect of child care, family allowances paid under the Family Allowances Act (Revised Statutes of Canada, 1985, chapter F-1), benefits paid under the Act respecting family benefits (chapter P-19.1), old age security pensions and guaranteed income supplements, benefits paid under Chapter I of Title II of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001) and social assistance payments for Indians and any other income from a source determined by regulation.

For the purposes of subparagraph a of section 6 and of section 11, “days spent in harvesting and related activities” means

(a)  any day most of the daylight period of which was spent in harvesting and related activities;

(b)  the day of departure and the day of return, in the case of a series of days spent away from a settlement in harvesting and related activities.

1979, c. 16, s. 10; 1988, c. 60, s. 5; 1989, c. 4, s. 15; 1988, c. 51, s. 129; 1997, c. 57, s. 68; 1998, c. 36, s. 209.

11. Every beneficiary unit is entitled to receive an amount of $31.35 per adult for every day spent by an adult in the bush in harvesting or related activities, for every day, not exceeding ten days per year, during which an adult participates as a member in the work of a local committee set up under section 31.1 and for every day during which an adult carries out land development activities which have been the subject of a decision of the Minister pursuant to the second paragraph of section 6, except

(a)  days for which the head of the unit receives a salary for such activities;

(b)  days for which the head of the unit receives unemployment insurance benefits or manpower training allowances;

(c)  days for which the head of the unit receives benefits under an Act as income replacement indemnity;

(d)  days for which the head of the unit receives a salary for work other than harvesting or related activities.

Moreover, where a consort receives benefits, allowances or a salary referred to in the first paragraph, the beneficiary unit is not entitled to receive, in respect of the consort, the amount referred to in the first paragraph for any day for which the consort receives such benefits, allowances or salary.

The maximum number of days for benefit is 240.

1979, c. 16, s. 11; 1988, c. 60, s. 6.

DIVISION III.1 MATERNITY BENEFITS

1988, c. 60, s. 7.

11.1. Where the woman who is the head of a beneficiary unit or the consort of the head of the unit is unable to participate in harvesting or related activities by reason of pregnancy, the aftereffects of her pregnancy or the care required by her child, the beneficiary unit is entitled to maternity benefits to the extent and on the conditions provided in this Act and the by-laws of the Board.

1988, c. 60, s. 7.

11.2. Notwithstanding section 11.1, maternity benefits shall be paid only from such time as it has been established by the Board, on criteria it determines by by-law, that the woman who is otherwise qualified to receive such benefits would have participated in harvesting and related activities, provided she is not receiving benefits under a maternity allowance programme of general application in Québec.

1988, c. 60, s. 7.

11.3. Maternity benefits shall be computed in accordance with section 11.

1988, c. 60, s. 7.

11.4. The amount of maternity benefits and the number of days for which such benefits are payable shall be determined by by-law of the Board; the by-law must provide for benefits that are equivalent to those granted pursuant to any maternity allowance programme of general application in Québec.

1988, c. 60, s. 7.

11.5. Every application for maternity benefits must be accompanied with a medical certificate certifying the pregnancy of the applicant and the anticipated date of delivery.

If the application is made following a pregnancy or by reason of the care required by the child, the medical certificate must certify the condition or the fact that the care is required.

1988, c. 60, s. 7.

DIVISION IV PAYMENT OF BENEFITS

12. The Board shall distribute the payments to the heads of beneficiary units through the office of the local administrator.

However, the Board shall pay directly to the consort who applies therefor any amount to which that person is entitled, in accordance with the terms and conditions it determines.

The Board may also, if it deems it expedient and according to the terms and conditions it determines, pay to the consort rather than to the head of the beneficiary unit all amounts owed to the unit or any part of such amounts as may be attributable to the consort.

The first payment, equal to one quarter of the estimated total annual payment, shall be made on or about 1 September, the next payment on or about 2 January, the third payment on or about 1 April and the fourth payment on or about 30 June. The balance shall be paid after the submission of the application contemplated in section 32, on the date determined by the Board.

However, where the head of the beneficiary unit or the consort does not intend to return to his settlement before 2 January, the payment to be made on 1 September shall be equal to half of the estimated total annual payment.

1979, c. 16, s. 12; 1988, c. 60, s. 8.

13. Where the beneficiary unit has received an amount that exceeds the amount payable for one year, the overpayment must by reimbursed in accordance with the terms and conditions established by by-law of the Board within the two years following the subsequent application for income security benefits.

Failure to reimburse such amount of overpayment entails the suspension of entitlement to income security benefits until such amount is reimbursed.

1979, c. 16, s. 13; 1988, c. 60, s. 9.

14. A local administrator may pay to the head of a beneficiary unit or his consort who intends to be absent from the community for a period of 10 consecutive days or more, for the purpose of conducting harvesting or related activities or land development activities having been the subject of a decision of the Minister pursuant to the second paragraph of section 6 and who has not benefited under the provisions of the last paragraph of section 12, an advance, upon his next regular payment, in the amount of $100 per eligible adult in the beneficiary unit.

Where the head of a beneficiary unit or his consort has not received a payment he is entitled to receive under section 12, the local administrator may make such payment to him out of the funds contemplated in section 37.

The head of a beneficiary unit or his consort may himself take the initiative of requesting the payment of the advance contemplated in the first paragraph or the payment contemplated in the second paragraph.

1979, c. 16, s. 14; 1988, c. 60, s. 10.

14.1. The income security benefits are exempt from seizure in the same manner as salaries and wages under section 553 of the Code of Civil Procedure (chapter C-25).

1984, c. 27, s. 95.

CHAPTER III CREE HUNTERS AND TRAPPERS INCOME SECURITY BOARD

DIVISION I CONSTITUTION

15. A body is established under the name of “Office de la sécurité du revenu des chasseurs et piégeurs cris”; it may also be designated under the name, in Cree, of “NDOO-WHO SHOO-YAN OUJEMAOCH” and under the name, in English, of “Cree Hunters and Trappers Income Security Board”.

1979, c. 16, s. 15.

16. The Board is a legal person.

1979, c. 16, s. 16; 1999, c. 40, s. 265.

17. The head office of the Board shall be in the territory of Ville de Sainte-Foy. However, the Board may transfer it to any other place in Québec with the approval of the Government and of the Regional Authority; such a change comes into force upon publication of a notice to that effect in the Gazette officielle du Québec.

The Board may hold its sittings at any place in Québec.

1979, c. 16, s. 17; 1996, c. 2, s. 895.

18. No member of the Board or other person in its employ may be prosecuted for an official act done in good faith in the performance of his duties.

1979, c. 16, s. 18.

19. In the performance of its duties, the Board or any person it designates may investigate any matter within its jurisdiction.

For such purpose, the Board and such a person have the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1979, c. 16, s. 19.

20. Every person who hinders an investigator contemplated in section 19 in the performance of his duties, misleads him or attempts to do so by means of concealment or false or untrue declarations, or refuses to comply with an order he may give, is guilty of an offence.

Such investigator shall, if requested to do so, produce a certificate attesting his quality, signed by the chairman of the Board or a person authorized by the chairman for that purpose.

1979, c. 16, s. 20.

21. The Board is composed of six members.

The Regional Authority shall appoint three members by a resolution filed at the head office of the Board.

The Government shall appoint the three other members.

Notice of the appointments of the six members shall be published by the Minister in the Gazette officielle du Québec within thirty days following such appointments.

The salary, additional salary, allowances and expenses of each member shall be fixed and paid by the authority that appointed him.

The members appointed by the Government who are civil servants continue to be members of the civil service staff.

1979, c. 16, s. 21.

22. The Government and the Regional Authority shall designate, each year and alternately, a chairman and a vice-chairman among the members of the Board.

The Minister shall publish a notice of the appointment of the chairman and the vice-chairman in the Gazette officielle du Québec within thirty days following their appointment.

The vice-chairman shall replace the chairman if the latter is absent or unable to act.

1979, c. 16, s. 22.

23. Every vacancy shall be filled in the manner provided for the appointment of the member to be replaced. In the case of the chairman or vice-chairman, such new appointment is valid only for the remainder of the term.

1979, c. 16, s. 23.

24. Four members, including two appointed by the Regional Authority and two by the Government, constitute a quorum at a meeting.

The decisions of the Board are taken by a majority of votes. In case of a tie-vote, the chairman has a casting vote.

Every member of the Board who is a director or officer of a public or community body having a direct economic interest in the decision of the Board, shall declare such interest before voting.

1979, c. 16, s. 24; 1999, c. 40, s. 265.

25. No member of the Board may, on pain of forfeiture of office, have a direct or indirect interest in any private undertaking putting his personal interest in conflict with that of the Board.

However, such forfeiture is not incurred if such interest devolves to him by succession or gift, provided that he renounces or disposes of it with all possible dispatch; nor is it incurred where the member or a member of his family receives income security benefits.

1979, c. 16, s. 25.

26. The members of the staff of the Board shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

Notwithstanding the first paragraph, the Board may appoint members to its staff who are not members of the civil service staff. Such members of its staff shall be appointed in accordance with the staffing plan established by by-law of the Board. Subject to the provisions of a collective agreement, the Board shall determine, by by-law, the standards and scales of remuneration of the members of its staff in accordance with the conditions defined by the Government.

1979, c. 16, s. 26; 1983, c. 55, s. 161; 2000, c. 8, s. 242; 2000, c. 8, s. 187.

DIVISION II DUTIES OF THE BOARD

27. It is the duty of the Board to administer the Income Security Programme. For such purpose, it may, in particular,

(a)  examine the complaints and demands resulting from the operations and the procedures of application of the programme or any other matter contemplated in this act;

(b)  review the operation of the programme and the procedures established therefor, and participate, at the request of the Minister, in the evaluation of the results of the programme;

(c)  consult the local administrators concerned in all matters respecting the operation of the programme with regard to the beneficiaries;

(d)  prepare an estimate of the annual costs of the programme for each native settlement concerned, including an amount for each eligible beneficiary unit;

(e)  prepare a budget for its own operation;

(f)  recommend when and how revisions to the programme should be made;

(g)  fulfil, for a native settlement, the duties contemplated in section 31, if there is no local administrator in such settlement;

(h)  perform the other duties provided by this act.

1979, c. 16, s. 27.

28. The Board may make by-laws

(a)  establishing the administrative procedures and the criteria necessary for the implementation of the programme;

(b)  fixing the staff requirements, remuneration standards and scales and other conditions of employment of the employees of the Board who are not members of the civil service staff;

(c)  determining the terms and conditions under which an application for benefits contemplated in section 32 may be accepted where it is submitted after 31 July;

(d)  fixing, where necessary, the date of the indexation provided for in the first paragraph of section 46; or

(e)  determining the rules of its internal management.

The by-laws made under the first paragraph come into force on the day of their adoption.

1979, c. 16, s. 28.

28.1. The Board may also by by-law

(a)  determine, for the purposes of paragraph a of section 10, the amount of income of the beneficiary unit from the sale of furs; this amount may vary according to categories of beneficiaries determined by the by-law, the income of the beneficiary unit and the territories where harvesting and related activities are carried out or the manner in which such activities are carried out;

(b)  determine the other sources of income to be excluded pursuant to subparagraph e of the first paragraph of section 10;

(c)  determine conditions for the payment of maternity benefits and factors to be considered in establishing, for the purposes of section 11.2, if a woman would ordinarily have participated in harvesting and related activities, had it not been for her pregnancy, the aftereffects of her pregnancy or the care required by her child;

(d)  determine the amount of the daily allowance, which cannot exceed the amount set out in section 11, and the maximum number of days for which a beneficiary unit may receive maternity benefits, which cannot exceed 120;

(e)  determine the terms and conditions and the criteria according to which any overpayment referred to in section 13 is reimbursed.

Such by-laws must be adopted by unanimous decision of the Board and be submitted for approval to the Government.

1988, c. 60, s. 11.

29. Subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the Board may require of a civil servant or employee of the Ministère de l’Emploi et de la Solidarité sociale, and he must furnish to it, the necessary information on the sums of money that the department pays, has paid or is authorized to pay to a person receiving income security benefits or a person who has applied to receive such benefits.

1979, c. 16, s. 29; 1981, c. 9, s. 35; 1982, c. 53, s. 57; 1986, c. 95, s. 304; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128; 2001, c. 44, s. 30.

CHAPTER IV LOCAL ADMINISTRATOR

30. If a local government deems it appropriate, it shall ask the Board to appoint a local administrator. It shall then transmit to the Board the name of at least three persons it deems suitable for filling such office.

The Board shall then appoint a local administrator from among such persons. The administrator shall be an employee of the Board. He shall perform his duties in regard to the persons belonging to the native settlement concerned and, for such purpose, the Board shall establish an office in such settlement.

1979, c. 16, s. 30.

31. It is the duty of the local administrator, under the authority and pursuant to the directions of the Board, to see to the proper operation of the programme and of the procedures provided by this Act.

For such purpose, he shall, in particular,

(a)  receive the applications for income security benefits submitted for the year in the settlement where he carries on his duties;

(b)  keep records of all payments made to heads of beneficiary units or to consorts and of the costs incurred in the administration of the programme;

(c)  assist members of beneficiary units to prepare all the necessary documents to determine their eligibility and to apply for income security benefits, and provide them with all the information relevant to the programme;

(d)  collect and preserve the documents respecting eligibility and income security benefits; and

(e)  see to the distribution of payments to beneficiaries.

1979, c. 16, s. 31; 1988, c. 60, s. 12.

CHAPTER IV.1 LOCAL COMMITTEES

1988, c. 60, s. 13.

DIVISION I ESTABLISHMENT

1988, c. 60, s. 13.

31.1. A Cree community within the meaning of the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1) may set up a local committee to establish a list identifying the persons who, according to community custom, are practising harvesting and related activities as a way of life in accordance with the harvesting traditions and the rules of the community.

1988, c. 60, s. 13.

31.2. A local committee shall be composed of not fewer than three nor more than seven members. They shall be chosen for a period determined in accordance with the custom of that community by and from among the adults who are current or former beneficiaries of the programme. However, one member may be designated by the band council within the meaning of the Cree-Naskapi (of Québec) Act (Statutes of Canada 1984, chapter 18) from among its members.

Notwithstanding the expiration of their terms, the members shall remain in office until they are replaced or reappointed.

1988, c. 60, s. 13.

31.3. Upon its establishment, the local committee shall transmit to the Board the names of its members and shall post a notice of its formation in a public place within the community.

The document shall identify for the Board the member who shall direct the activities of the committee, coordinate its work and act as liaison between the committee and the Board.

1988, c. 60, s. 13.

31.4. The quorum at sittings of a local committee shall be at least a majority of the members.

1988, c. 60, s. 13.

31.5. Every local committee shall adopt rules of procedure for the implementation of this chapter. The rules shall be transmitted to the Board. They shall come into force upon being posted by the local committee in a public place within the Cree community concerned.

1988, c. 60, s. 13.

31.6. Every local committee must, not later than 21 June each year, transmit the list of eligible persons to the Board and post it in a public place within the community.

If the Board has not received the list on the prescribed date, the Board shall be deemed not to have been informed in accordance with section 31.3 of the existence of a local committee.

1988, c. 60, s. 13.

DIVISION II REVIEW

1988, c. 60, s. 13.

31.7. Every person who believes himself aggrieved owing to a decision of a local committee may, if no application for a review of the decision has been brought before the general meeting under section 31.12, apply to the local committee for a review of the decision.

1988, c. 60, s. 13; 1997, c. 43, s. 701.

31.8. The application for a review of a decision must be filed with the local committee within 15 days following the posting of the list referred to in section 31.6.

1988, c. 60, s. 13.

31.9. Before making a decision concerning a review, the local committee shall give the person concerned the opportunity to present observations.

1988, c. 60, s. 13; 1997, c. 43, s. 702.

31.10. When reviewing a decision, the local committee may maintain or cancel its decision.

An unfavourable decision by a local committee must be in writing and include the reasons on which it is based. It shall be transmitted to the interested person together with a notice informing him of his right to bring an application for a review of the decision before the general meeting under section 31.12.

1988, c. 60, s. 13; 1997, c. 43, s. 703.

31.11. In the case of a favourable decision, the local committee shall amend the list and transmit it to the Board not later than 1 August.

1988, c. 60, s. 13.

31.12. Every person who believes himself aggrieved owing to a decision of a local committee may bring an application for review before the general meeting of the persons whose names appear on the list prepared by the local committee within 15 days following the posting of the list or within five days of the receipt of the decision of the local committee on the review.

The person in charge of the local committee shall convene the general meeting.

1988, c. 60, s. 13; 1997, c. 43, s. 705.

31.13. Before rendering a decision, the general meeting shall give the person concerned the opportunity to present observations.

1988, c. 60, s. 13; 1997, c. 43, s. 706.

31.14. The general meeting may, following its review, confirm or quash the decision.

The person designated by the general meeting shall transmit the decision to the person concerned and to the local committee.

1988, c. 60, s. 13; 1997, c. 43, s. 707.

31.15. In the case of a favourable decision, the local committee shall amend the list and transmit it to the Board not later than 1 August.

1988, c. 60, s. 13.

31.16. Every person who believes himself aggrieved owing to a decision of the general meeting may make an application for review to the Board.

The fourth, fifth and sixth paragraphs of section 39, adapted as required, apply to an application made pursuant to the first paragraph.

1988, c. 60, s. 13; 1997, c. 43, s. 708.

31.17. The Board may, following its review, confirm or quash the decision.

1988, c. 60, s. 13; 1997, c. 43, s. 709.

DIVISION III PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 710.

31.18. No application for review made under section 31.12 or 31.16 shall suspend the decision of the local committee or the general meeting, as the case may be.

1988, c. 60, s. 13; 1997, c. 43, s. 710.

31.19. Every person who believes himself aggrieved by a decision of the Board under section 31.17 may contest the decision before the Administrative Tribunal of Québec in accordance with section 40.

1988, c. 60, s. 13; 1997, c. 43, s. 710.

CHAPTER V APPLICATION FOR BENEFITS

32. Notwithstanding section 7, every beneficiary wishing to receive income security benefits shall submit an application for income security benefits to the local administrator, if there is one in the settlement where he resides, or, if not, to the Board, between 1 and 31 July of each year, unless prevented from doing so by harvesting or related activities or land development activities having been the subject of a decision of the Minister pursuant to the second paragraph of section 6, training programmes, employment away from the settlement, sickness, accident or other similar circumstances.

1979, c. 16, s. 32.

33. The application for benefits provided for in section 32 shall contain information concerning the year just ended and estimates for the year just commencing, and all other information considered necessary by the Board for the proper operation of the programme.

Such information and documents may be provided in the form appropriate to the circumstances, including diaries or affidavits.

1979, c. 16, s. 33.

34. Applications for income security benefits must be transmitted to the Board by the local administrator not later than 1 August.

1979, c. 16, s. 34; 1988, c. 60, s. 14.

35. The Board shall examine, in conjunction with the lists prepared and submitted by the local committees, the applications transmitted by the local administrator and shall draw up a definitive list of beneficiaries eligible for the programme and calculate the funds required by each local administrator for the application of the programme and its administration for the current year. Furthermore, the Board shall take into account, in the estimated total costs, any surplus or deficit resulting from the operation of the programme and its administration during the preceding year.

1979, c. 16, s. 35; 1988, c. 60, s. 15.

36. The Board shall submit a request to the Minister for the sums necessary for the application of the programme and its administration, for the period determined by the Board. Within thirty days following the receipt of such request, the Minister shall transmit to the Board the sums necessary for the application of the programme and its administration.

1979, c. 16, s. 36.

37. Not later than 31 August each year, the Board may transmit to the local administrator the sums of money it deems necessary for the payments contemplated in section 14.

Such amounts shall be equal to at least one-quarter of the total amount paid to the beneficiary units of the settlement during the preceding year.

1979, c. 16, s. 37; 1988, c. 60, s. 16.

38. The money transferred by the Board to a local administrator shall be held in trust by the latter. The local administrator shall use it only to pay, in accordance with this Act, the income security benefits to the heads of beneficiary units or their consorts and the administrative costs incurred for such purpose.

1979, c. 16, s. 38; 1988, c. 60, s. 17.

CHAPTER VI REVIEW

39. Notwithstanding paragraphs a to h of section 6, if a beneficiary considers that, having regard to the nature and objectives of the programme, he should be eligible and receive income security benefits, the Board may, on the application of such beneficiary, examine or review the file, as the case may be, and determine if the reason put forward by such beneficiary is consistent with the nature and objectives of the programme and decide that such beneficiary is to be eligible for the programme and may receive such benefits. The decision of the Board must be unanimous.

If the head of a beneficiary unit or his consort believes himself aggrieved because his beneficiary unit has been refused income security benefits, because he considers his beneficiary unit entitled to higher income security benefits or because the income security benefits of his beneficiary unit have been reduced, suspended or discontinued, he may appeal to the Board to review its decision.

A head of a beneficiary unit or a consort who believes himself aggrieved owing to a decision rendered by the Board pursuant to the second or third paragraph of section 12 may apply to the Board for a review.

An application for review is brought by an application in writing within 60 days after the complainant is notified of the decision he applies to have reviewed.

The application for review must contain a brief account of the grounds invoked and must be sent to the Board.

On receiving the application for review, the Board shall verify the facts and circumstances of the case, examine the grounds invoked and render its decision within 60 days of receiving the application for review. It shall immediately give notice in writing to the complainant of the decision rendered, the reasons on which it is based and his right to contest the application before the Administrative Tribunal of Québec.

1979, c. 16, s. 39; 1988, c. 60, s. 18; 1997, c. 43, s. 711; 1999, c. 40, s. 265.

CHAPTER VI.1 PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 712.

40. Every person who believes himself aggrieved owing to a decision rendered by the Board under section 39 may, within 60 days of notification, contest the decision before the Administrative Tribunal of Québec.

1979, c. 16, s. 40; 1997, c. 43, s. 713.

CHAPTER VII FINANCIAL PROVISIONS

41. The fiscal year of the Board ends on 30 June each year.

1979, c. 16, s. 41.

42. The Board shall, within the three months preceding the end of its fiscal year, submit a budget for the following year to the Minister for approval.

1979, c. 16, s. 42.

43. Not later than 31 January each year, the Board shall remit to the Minister and the Regional Authority a report of its activities for the preceding fiscal year.

Such report shall also contain all the information regarding the programme that may be required by the Minister and the Regional Authority.

The Minister shall table such report of the Board before the National Assembly within 30 days after receiving it, if he receives it during a session; otherwise, he shall table it within 30 days after the opening of the next session or after resumption, as the case may be.

1979, c. 16, s. 43; 1988, c. 60, s. 19.

44. The Board shall furnish the Minister with any other information he may require regarding its activities.

1979, c. 16, s. 44.

45. The books and accounts of the Board shall be audited each year by the Auditor General and whenever ordered by the Government. The audit reports shall accompany the annual report of the Board.

1979, c. 16, s. 45.

CHAPTER VIII INDEXATION

46. The amounts mentioned in sections 9 and 11 and in paragraphs a and e of section 10 shall be indexed annually according to the increase in the cost of living in Québec, using the increase in the pension index provided in the Act respecting the Québec Pension Plan (chapter R-9).

If a separate index is established for the territory contemplated in section 2 of the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1), on a basis similar to that used in Québec on 11 November 1975, the Board may, by unanimous decision, choose such index for the future years.

1979, c. 16, s. 46; 1988, c. 60, s. 20; 1988, c. 51, s. 130.

CHAPTER IX MISCELLANEOUS PROVISIONS

47. Every person who

(a)  contravenes any provision of this act or of the regulations,

(b)  obtains or receives, in bad faith or fraudulently, income security benefits he is not entitled to, or

(c)  knowingly helps or encourages another person to obtain or receive income security benefits he is not entitled to,

is liable to a maximum fine of not more than $200.

Every person convicted of an offence contemplated in subparagraph b or c may, in addition, be condemned to a fine not exceeding the amount obtained fraudulently or without right.

1979, c. 16, s. 47; 1990, c. 4, s. 817.

48. Notwithstanding any other provision of this Act, the total annual number of days for which all the beneficiaries are entitled to receive the amounts contemplated in section 11, must not exceed 350 000 or any greater number of days fixed by order of the Government after consultation with the Board.

At least 185 000 or any greater number of such days, fixed by order of the Government, after consultation with the Board, must be spent in harvesting or related activities. The other days may be spent in the same activities or in land development activities having been the subject of a decision of the Minister pursuant to the second paragraph of section 6.

Any order made pursuant to this section comes into force on the day of its publication in the Gazette officielle du Québec.

1979, c. 16, s. 48; 1984, c. 27, s. 96; 1988, c. 60, s. 21.

48.1. Where the number of days of activities exceeds, in a year, the maximum fixed under the first paragraph of section 48, the excess number is deducted from the number of days fixed to qualify for the benefits referred to in section 11 pro rata to the number of days, for each beneficiary unit, entitling the beneficiaries to the benefits.

1984, c. 27, s. 96.

49. (Amendment integrated into c. C-34, s. 21).

1979, c. 16, s. 49.

50. (Amendment integrated into c. A-16, ss. 32-34).

1979, c. 16, s. 50.

51. (Repealed).

1979, c. 16, s. 51; 1988, c. 60, s. 22.

52. (Repealed).

1979, c. 16, s. 52; 1988, c. 60, s. 22.

53. (Repealed).

1979, c. 16, s. 53; 1988, c. 60, s. 22.

54. (Repealed).

1979, c. 16, s. 54; 1988, c. 60, s. 22.

55. (Repealed).

1979, c. 16, s. 55; 1988, c. 60, s. 22.

56. (Repealed).

1979, c. 16, s. 56; 1988, c. 60, s. 22.

57. (Repealed).

1979, c. 16, s. 57; 1988, c. 60, s. 22.

58. (Repealed).

1979, c. 16, s. 58; 1988, c. 60, s. 22.

59. The sums required for the application of this act shall be paid out of the moneys granted each year for such purpose by Parliament.

1979, c. 16, s. 59.

60. The Minister of Employment and Social Solidarity is responsible for the application of this Act.

1979, c. 16, s. 60; 1981, c. 9, s. 35; 1982, c. 53, s. 57; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128; 2001, c. 44, s. 30.

61. (Omitted).

1979, c. 16, s. 61.

62. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 16 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 61, effective from the coming into force of chapter S-3.2 of the Revised Statutes.