C-67, r. 1 - Regulation respecting eligibility for the benefits of the Agreement concerning James Bay and Northern Québec

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chapter C-67, r. 1

Regulation respecting eligibility for the benefits of the Agreement concerning James Bay and Northern Québec

Act approving the Agreement concerning James Bay and Northern Québec

(chapter C-67, s. 2).

DIVISION I INTERPRETATION

1. In this Regulation, unless the context indicates otherwise, the following expressions mean:

(a)  “local enrollment committee”: a committee whose members are appointed in accordance with section 18;

(b)  “Enrollment Commission” or “Commission”: the Enrollment Commission established by this Regulation;

(c)  “Cree community”: a group consisting of all members of a Cree band, within the meaning of the Indian Act (R.S.C. 1985, c. I-5), in the Territory, as well as all other persons who are entitled to be enrolled as beneficiaries of the Agreement and who are recognized by the band as belonging to such group;

(d)  “Inuit community”: each of the existing Inuit communities at George River, Akulivik, Fort Chimo, Tasiujaq, Aupaluk, Payne Bay, Koartak, Wakeham Bay, Sugluk, Ivujivik, Inukjuak, Fort George, Povungnituk, Great Whale River, as well as any Inuit community recognized by Québec and, subject to section 2.3 of the Agreement, Killinek;

(e)  “Agreement”: the agreement tabled in the National Assembly on 9 June 1976, as Sessional Documents Nos. 101 and 102;

(f)  “Indian Act”: the Indian Act (R.S.C. 1985, c. I-5);

(g)  “minor”: an unmarried male or female person who has not yet attained the age of 18;

(h)  “recognition by a community”: in the case of the Crees, a resolution approved by a majority of the members of the band council, and in the case of the Inuit, a resolution approved by a majority of the board of directors of an Inuit community corporation as defined in Section 7 of the Agreement or, until such corporation is established, the majority of the members of an Inuit community council;

(i)  “adoption”: the adoption of a child who is a minor, effected pursuant to the laws relating to adoption in any of the provinces of Canada or pursuant to the customs of the Native people in the Territory;

(j)  “Secretary General”: the person responsible for the Registre de la population of the Ministère de la Santé et des Services sociaux;

(k)  “Territory”: the Territory contemplated in the Agreement;

(l)  “local officer”: an agent appointed in accordance with subsection 2 of section 31 and subsection 8 of section 32.

R.R.Q., 1981, c. C-67, r. 1, s. 1.

DIVISION II ENROLLMENT COMMISSION

2. An Enrollment Commission shall be established and entrusted with the drawing up of official lists of persons entitled to be enrolled, in accordance with the criteria set out in this Regulation, to benefit from the rights, privileges and benefits, granted by the Agreement.

R.R.Q., 1981, c. C-67, r. 1, s. 2.

3. The Enrollment Commission is composed of the following members:

(a)  1 person appointed by the Grand Council of the Crees for Québec;

(b)  1 person appointed by the Northern Québec Inuit Association;

(c)  1 person appointed by the Government of Canada;

(d)  1 person appointed by the Gouvernement du Québec;

(e)  1 person chosen by the 4 persons mentioned above; in the case of disagreement on the choice of that person, he shall be appointed by the Government.

R.R.Q., 1981, c. C-67, r. 1, s. 3.

4. The Cree and Inuit members of the Enrollment Commission are entitled to a fixed remuneration of $100 for each day of attendance at the meetings of the said Commission as well as to their travelling expenses to attend the said meetings.

R.R.Q., 1981, c. C-67, r. 1, s. 4.

5. The president of the Enrollment Commission is chosen from among its members and elected by them.

R.R.Q., 1981, c. C-67, r. 1, s. 5.

6. The majority of the members shall constitute the quorum of the Enrollment Commission at its meetings.

R.R.Q., 1981, c. C-67, r. 1, s. 6.

7. The Commission may:

(a)  fix the deadline for receiving the lists drawn up by the local enrollment committees;

(b)  determine the places and dates of its sittings;

(c)  set down its rules of procedure and evidence;

(d)  in order to carry out its functions, duties and obligations and from the appropriations granted to it, make contracts, purchase movable property, hire the necessary personnel on a contractual basis, issue, endorse and discount negotiable bills.

R.R.Q., 1981, c. C-67, r. 1, s. 7.

8. The accounts of the Enrollment Commission shall be audited by the Auditor General of Québec once a year or, in addition, whenever so ordered by the Government.

R.R.Q., 1981, c. C-67, r. 1, s. 8.

DIVISION III ELIGIBILITY

9. A person shall be entitled to be enrolled as a beneficiary under the Agreement and be entitled to benefit therefrom if on 15 November 1974, he was:

(a)  under the Indian Act (R.S.C. 1985, c. I-5), a member or a person entitled to be a member of one of the 8 Cree Indian bands of Québec, now designated as Waswanipi, Mistassini, Old Factory, Fort George, Eastmain, Rupert House, Nemaska and Great Whale River;

(b)  a person of Cree ancestry ordinarily resident in the Territory;

(c)  a person of Cree or Indian ancestry who is recognized by one of the Cree communities as having been a member thereof;

(d)  the adopted child of a person mentioned in paragraph a, b or c.

R.R.Q., 1981, c. C-67, r. 1, s. 9.

10. On or after 16 November 1974, a person is entitled to be enrolled as a beneficiary under the Agreement and entitled to benefit therefrom as a member of one of the Cree communities if he is:

(a)  a person who is a legitimate or illegitimate descendant in the male or female line of a person entitled to be enrolled pursuant to section 9 or 11;

(b)  the adopted child of a person described in section 9 or paragraph a provided such child is a minor at the time of the adoption.

R.R.Q., 1981, c. C-67, r. 1, s. 10.

11. After 6 months following the posting of the official lists referred to in paragraph e of section 20, a Cree community may, at its discretion, direct the General Secretariat to enroll as a beneficiary under the Agreement and as a person entitled to benefit therefrom a person who is of Cree ancestry provided such person:

(a)  was born in the Territory; or

(b)  is ordinarily resident in the Territory; and

(c)  would have been entitled to be enrolled with his descendants pursuant to section 9 or 10 but, through inadvertence or otherwise, was omitted from the official lists prepared by the Enrollment Commission in accordance with section 2 and paragraph e of section 20.

This section shall not prevent any person omitted from the official lists of beneficiaries prepared by the Enrollment Commission from exercising his right to appeal pursuant to Division V.

R.R.Q., 1981, c. C-67, r. 1, s. 11.

12. A person shall be entitled to be enrolled as a beneficiary under the Agreement and be entitled to benefit therefrom if on 15 November 1974 he was:

(a)  a person of Inuit ancestry who was born in Québec or is ordinarily resident in Québec or, if not ordinarily resident in the Territory, is recognized as a member thereof by one of the Inuit communities; or

(b)  a person of Inuit ancestry who is recognized by one of the Inuit communities as having been on such date a member thereof; or

(c)  the adopted child of a person described in paragraphs a or b.

R.R.Q., 1981, c. C-67, r. 1, s. 12.

13. On or after 16 November 1974, a person is entitled to be enrolled as a beneficiary under the Agreement and entitled to benefit therefrom, if he is:

(a)  a person who is a legitimate or illegitimate descendant in the male or female line of a person entitled to be enrolled pursuant to section 12 or 14;

(b)  the adopted child of a person described in section 12 or paragraph a provided such child is a minor at the time of the adoption;

(c)  the lawful spouse of a person described in section 12, in paragraphs a or b of this section, or in section 14.

R.R.Q., 1981, c. C-67, r. 1, s. 13.

14. After 6 months following the posting of the official lists referred to in paragraph e of section 20, an Inuit community may, at its discretion, direct the General Secretariat to enroll as a beneficiary under the Agreement and as a person entitled to benefit therefrom a person who is of Inuit ancestry provided such person:

(a)  was born in Québec; or

(b)  is ordinarily resident in the Territory; and

(c)  would have been entitled to be enrolled with his descendants pursuant to section 12 or 13 but, through inadvertence or otherwise, was omitted from the official lists of beneficiaries prepared by the Enrollment Commission in accordance with section 2 and paragraph e of section 20.

This section shall not prevent any person omitted from the official lists of beneficiaries prepared by the Enrollment Commission from exercising his right to appeal pursuant to Division V.

R.R.Q., 1981, c. C-67, r. 1, s. 14.

15. In the event a person mentioned in sections 9 to 14 is absent from the Territory during 10 continuous years and is domiciled outside the Territory, such person shall not be entitled to exercise his rights or receive benefits under the Agreement. Upon such person re-establishing his domicile in the Territory, the right of such person to exercise his rights or to receive benefits under the Agreement shall revive.

R.R.Q., 1981, c. C-67, r. 1, s. 15.

16. A person who is entitled to be enrolled on both the Cree and Inuit lists, in accordance with the criteria set out in section 9 or 12, shall on or before a day fixed by the Enrollment Commission declare the list on which he wishes to be enrolled, and failing to so declare, the Commission shall decide the list on which that person shall be enrolled.

R.R.Q., 1981, c. C-67, r. 1, s. 16.

17. Notwithstanding any other provision in this Regulation, a person shall not be enrolled on more than one list. After the Enrollment Commission ceases to exist, a person entitled to be enrolled on both the Cree and Inuit lists upon attaining the age of majority, shall notify the General Secretariat as to the list on which he wishes to be enrolled, and failing to do so, the General Secretariat shall decide the list on which that person shall be enrolled.

R.R.Q., 1981, c. C-67, r. 1, s. 17.

DIVISION IV PROCEDURE

18. Each Cree and Inuit community shall, through its band council or community corporation council, designate 3 resident members respectively who will be appointed by the Enrollment Commission so as to constitute local enrollment committees. Each of these local enrollment committees shall cease to exist simultaneously with the cessation of the Enrollment Commission pursuant to section 22.

R.R.Q., 1981, c. C-67, r. 1, s. 18.

19. The local enrollment committees shall:

(a)  publicize and provide information in respect of the enrollment process to members of the Cree and Inuit communities;

(b)  supply application forms to any person wishing to apply for enrollment;

(c)  receive applications for enrollment;

(d)  prepare a list of all persons who, in their opinion, are entitled to be enrolled in accordance with the criteria set out in Division III;

(e)  certify and forward the list to the Enrollment Commission on or before the date fixed by the latter;

(f)  prepare a list of the names of all applicants who have been refused enrollment and forward that list together with all relevant information and documentation to the Enrollment Commission;

(g)  forward to the Enrollment Commission applications which, in their opinion, should be considered by another local enrollment committee.

R.R.Q., 1981, c. C-67, r. 1, s. 19.

20. The Enrollment Commission shall:

(a)  assist the local enrollment committees in carrying out their functions and responsibilities;

(b)  prepare and provide such information and forms as may be necessary to enable the local enrollment committees to conduct the enrollment;

(c)  refer to the appropriate local enrollment committee those applications for enrollment which are submitted directly to it by individual applicants and those applications which were made to the inappropriate local enrollment committee;

(d)  review the lists of names submitted by the local enrollment committees pursuant to paragraphs d, e and f of section 19 and add thereto or delete therefrom the names of persons who may or may not be entitled to be enrolled in accordance with the criteria set out in Division III;

(e)  on or before 1 November 1977, prepare, certify, publish and advertise the official lists and forward a copy to the council of Cree bands and to the board of directors of the Inuit community corporations or until they are established in the Inuit community councils, and shall cause a copy thereof to be posted in a place in the community where notices are ordinarily displayed;

(f)  notify the local enrollment committee of the names of all persons who have been added to or deleted from the lists prepared by the committee;

(g)  notify each applicant whose name has not been put on the official lists and notify each person whose name has been added to or deleted from the lists and inform that applicant or person of the reason for the Commission’s decision and of his right to appeal.

R.R.Q., 1981, c. C-67, r. 1, s. 20.

21. Where the Commission ascertains that a local enrollment committee is not able to carry out the duties and functions provided by section 19 by the date fixed by the Commission, it may exercise any or all of the duties and responsibilities of that committee.

R.R.Q., 1981, c. C-67, r. 1, s. 21.

22. Within 1 month of the publication and posting of the official lists, or of the notifications mentioned in paragraph g of section 20, whichever is the later, the Commission shall deposit with the General Secretariat and the Minister of Indian Affairs and Northern Development a copy of the official lists, and all its official records and documents shall be deposited with the General Secretariat. The Enrollment Commission and the local enrollment committees shall then cease to exist.

R.R.Q., 1981, c. C-67, r. 1, s. 22.

DIVISION V APPEAL

23. An appeal board, designated as the Québec Native Appeal Board, is established to hear all appeals made in accordance with this Division. This appeal board is composed of one judge of the Court of Québec appointed by the Government.

R.R.Q., 1981, c. C-67, r. 1, s. 23; S.Q. 1988, c. 21, s. 66.

24. Within 6 months after the posting of the official lists of beneficiaries in accordance with paragraph e of section 20, an appeal shall lie to the Québec Native Appeal Board in respect to the omission, inclusion, exclusion or deletion of the name of a person to or from such lists.

R.R.Q., 1981, c. C-67, r. 1, s. 24.

25. Within 6 months after the notification by the General Secretariat that the name of a person has been added to or deleted from the Cree or Inuit register by such secretariat or within 6 months after the notification by the General Secretariat of its refusal to include the name of a person on such register, an appeal shall lie to the Québec Native Appeal Board in respect thereto.

R.R.Q., 1981, c. C-67, r. 1, s. 25.

26. Only 1 appeal referred to in this Division may be made.

The following persons may appeal to the Québec Native Appeal Board pursuant to sections 24 and 25:

(a)  a person whose name was omitted from, included in, excluded or deleted from the lists;

(b)  a person whose name was added to or deleted from the Québec registers;

(c)  a person whose application was refused by the General Secretariat;

(d)  a council of one of the Cree bands or an Inuit community council, or their successor.

The Minister of Indian Affairs and Northern Development shall be notified by the General Secretariat of all appeals under this Division and shall have the right to intervene on his own behalf, or, at the request of the appellant, on the appellant’s behalf.

R.R.Q., 1981, c. C-67, r. 1, s. 26.

DIVISION VI REGISTRATION OF BENEFICIARIES

27. A general secretariat is established within the Ministère de la Santé et des Services sociaux and composed of the Secretary General.

R.R.Q., 1981, c. C-67, r. 1, s. 27.

28. When the official lists have been filed by the Enrollment Commission with the General Secretariat in accordance with section 22, the latter shall maintain a Cree register and an Inuit register in which shall be recorded the names of the persons entitled to be enrolled in accordance with this Regulation. In the case of the Crees, the register shall contain the community lists mentioned in section 31.

R.R.Q., 1981, c. C-67, r. 1, s. 28.

29. The Cree and Inuit registers maintained by the General Secretariat shall indicate the date on which each name is added thereto or deleted therefrom.

R.R.Q., 1981, c. C-67, r. 1, s. 29.

30. The General Secretariat may at any time add to or delete from the registers the name of any person who, in accordance with the provisions of this Regulation, is entitled or not entitled to have his name included in the registers.

R.R.Q., 1981, c. C-67, r. 1, s. 30.

31. (1)  A person entitled to be enrolled as a Cree under Division III shall also be enrolled on one of the lists established for each community.

(2)  A qualified Cree person in each community shall be appointed as the local registry officer by the Government.

(3)  Each local registry officer shall keep and maintain the Cree community list and he shall forthwith notify the General Secretariat of all changes in the list necessitating changes in the Cree register.

(4)  A person shall not be enrolled in more than one Cree community at a time.

(5)  A person shall be enrolled in the community in respect of which he is presently registered under the Indian Act (R.S.C. 1985, c. I-5) if he is registered as a band member.

(6)  If a person is not a band member he shall be enrolled in the Cree community in which he has been granted affiliation pursuant to paragraphs b, c and d of section 9 or section 10 or 11 and failing this, in the Cree community in which one of his parents is enrolled. The choice of such Cree community in the latter case shall be at the option of the person having the custody in law or in fact of such person, if minor, or at his option if he has attained the age of 18.

(7)  A person born of parents who are members of 2 different Cree communities shall be enrolled in his father’s Cree community. Upon attaining the age of majority, such person shall have the right to be enrolled in either Cree community and shall notify the General Secretariat as to the Cree community in which he wishes to be enrolled and, failing to do so, he shall remain a member of the father’s Cree community.

(8)  A Cree marrying a member of another Cree community may retain membership in his community of origin.

(9)  A person who is enrolled in one of the Cree communities may be admitted as a member of another Cree community with the consent of the latter. The decision shall be made by a majority of the members of the community who are present at a community meeting called for said purpose and such decision shall be reported in a council resolution and forwarded to the local registry officer.

R.R.Q., 1981, c. C-67, r. 1, s. 31.

32. (1)  The official list published by the Enrollment Commission and the Inuit register maintained by the General Secretariat shall, in the case of persons whose names are entered or recorded thereon pursuant to sections 12, 13 and 14, indicate the Inuit community to which such persons are affiliated.

(2)  A person eligible pursuant to sections 12, 13 and 14 shall be affiliated:

(a)  to the Inuit community in which he is accepted for enrollment by the Enrollment Commission; or

(b)  after the Enrollment Commission has ceased to exist, to the Inuit community in which he or she is accepted for enrollment pursuant to section 14 or 30; or

(c)  to the Inuit community to which one of his parents is affiliated, subject to subsections 3 and 4.

(3)  A person eligible pursuant to sections 12, 13 and 14 shall not be affiliated to more than one Inuit community at any given time.

(4)  A person born of parents who are affiliated to different Inuit communities shall be deemed affiliated to his father’s community. Upon attaining the age of majority, such person shall have the right to be enrolled in either community and shall notify the General Secretariat as to the community in which he wishes to be enrolled and, failing to do so, he shall remain a member of the father’s community.

(5)  Whenever 2 persons affiliated to different Inuit communities marry they shall retain affiliation to their respective Inuit communities of origin.

(6)  A person who is affiliated to one Inuit community may become affiliated to another Inuit community with the consent of the latter community. Such consent shall be given in the form of a resolution approved by a majority of the members of the board of directors of the Inuit community corporation of the latter Inuit community present at a meeting called for the purpose. Such resolution shall be forwarded forthwith to the local registry officer.

(7)  Notwithstanding the foregoing, a person eligible pursuant to sections 12, 13 and 14 who has established permanent residence in an Inuit community for at least 3 years shall be entitled to be affiliated as of right to such community. This right shall extend to the spouse and minor unmarried children of such person.

(8)  An Inuk person in each Inuit community shall be appointed as the local registry officer by the Government.

(9)  Each local registry officer shall keep and maintain the Inuit community list and he shall forthwith notify the General Secretariat of all changes in the list necessitating changes in the Inuit register.

R.R.Q., 1981, c. C-67, r. 1, s. 32.

REFERENCES

R.R.Q., 1981, c. C-67, r. 1