Agreement Basics

Text

SECTION 2 

Principal Provisions 

Surrender of rights 

2.1 In consideration of the rights and benefits herein set forth in favour of the James Bay Crees and the Inuit of Québec, the James Bay Crees and the Inuit of Québec hereby cede, release, surrender and convey all their Native claims, rights, titles and interests, whatever they may be, in and to land in the Territory and in Québec, and Québec and Canada accept such surrender. 

Benefits under the Agreement 

2.2 Québec and Canada, the James Bay Energy Corporation, the James Bay Development Corporation and the Québec Hydro-Electric Commission (Hydro-Québec), to the extent of their respective obligations as set forth herein, hereby give, grant, recognize and provide to the James Bay Crees and the Inuit of Québec the rights, privileges and benefits specified herein, the whole in consideration of the said cession, release, surrender and conveyance mentioned in paragraph 2.1 hereof. 

Canada hereby approves of and consents to the Agreement and undertakes, to the extent of its obligations herein, to give, grant, recognize and provide to the James Bay Crees and the Inuit of Québec the rights, privileges and benefits herein. 

2.3 In consideration of the rights and benefits herein set forth in favour of the Inuit of Port Burwell who are ordinarily resident of Killinek Island, the Inuit of Port Burwell hereby cede, release, surrender and convey all their Native claims, rights, titles and interests, whatever they may be, in and to land in the Territory and in Québec, and Québec and Canada accept such surrender. 

Québec and Canada, the James Bay Energy Corporation, the James Bay Development Corporation and the Québec Hydro-Electric Commission (Hydro-Québec) to the extent of their respective obligations as set forth herein, hereby give, grant, recognize and provide to the Inuit of Port Burwell the rights, privileges and benefits specified herein, the whole in consideration of the said cession, release, surrender and conveyance mentioned in this paragraph. 

For purposes of the Agreement a person of Inuit ancestry who was or will be born on that part of Killinek Island within the Northwest Territories shall be deemed to have been born or to be born in Québec, or if such person is ordinarily resident in Port Burwell he shall be deemed to be ordinarily resident in Québec. 

The provisions of the Agreement as set forth in Section 3A (Eligibility – Inuit); Section 6 (Land Selection – Inuit of Québec); Section 7 (Land Regime Applicable to the Inuit): Section 23 (Environment and Future Development North of the 55th Parallel) Section 24 (Hunting, Fishing and Trapping); Section 25 (Compensation and Taxation) and Section 27 (Inuit Legal Entities) shall apply to the Inuit of Port Burwell and for the purposes of such Sections the Inuit community of Port Burwell shall be deemed to be an “Inuit community”. Notwithstanding the foregoing the Inuit of Port Burwell shall not be included in paragraph 3.2.4 for the purpose of calculating the division of compensation as provided in paragraph 25.4.1. 

Canada or the Government of the Northwest Territories, as the case may be, will continue to be responsible for providing programs and services to the Inuit who are ordinarily resident in Port Burwell in accordance with criteria that may be established from time to time. 

JBNQA, subs. 2.3 

A. corr. 

Compl. A. no. 2, s. 1 

Compl. A. no. 18, sch. 1, s. 3

Legal Proceedings 

2.4 In consideration of and subject to the rights, benefits and privileges in favour of the James Bay Crees and the Inuit of Québec, the James Bay Crees and Inuit of Québec consent by these presents to the settlement out of court of all legal proceedings relating to the James Bay project or to the claims, rights, titles and interests in land that they may have. The James Bay Crees and the Inuit of Québec further undertake not to institute any further proceedings relating to the matters contemplated in the said legal proceedings already instituted which are presently before the Supreme Court of Canada in virtue of leave to appeal granted by the Supreme Court of Canada on February 13, 1975. 

The legal proceedings involving the parties and bearing the numbers 05-04840-72 and 05-04841-72 of the records of the Superior Court of the District of Montreal are hereby settled and transacted and the parties respectively release and discharge each other, their agents, mandataries, representatives and employees from all claims, demands, damages and inconvenience arising from or in relation to the matters contemplated by the said proceedings. The parties to the said proceedings undertake that they will forthwith upon the coming into force of the Agreement cause the necessary documents to be filed in the records of the Courts to give effect to the above. 

Legislation 

2.5 Canada and Québec shall recommend to the Parliament of Canada and to the National Assembly of Québec respectively, forthwith upon the execution of the Agreement, suitable legislation to approve, to give effect to and to declare valid the Agreement and to protect, safeguard and maintain the rights and obligations contained in the Agreement. Canada and Québec undertake that the legislation which will be so recommended will not impair the substance of the rights, undertakings and obligations provided for in the Agreement. 

Both the federal and provincial legislation approving and giving effect to and declaring valid the Agreement, if adopted, shall provide that, where there is an inconsistency or conflict between such legislation and the provisions of any other federal or provincial law, as the case may be, applicable to the Territory, the former legislation shall prevail to the extent of such inconsistency or conflict. Canada and Québec acknowledge that the rights and benefits of the Indians and Inuit of the Territory shall be as set forth in the Agreement and agree to recommend that the federal and provincial legislation approving, giving effect and declaring valid the Agreement will provide for the repeal of Sub-sections c), d) and e) of Section 2 of the federal Quebec Boundaries Extension Act, 1912, and of the same Sub-sections of Section 2 of the Schedule to the provincial Quebec boundaries extension act, 1912. 

The provincial legislation approving, giving effect to and declaring valid the Agreement shall allocate lands in the manner set forth in the Agreement, .twithstanding any other provincial laws or regulations. 

JBNQA, subs. 2.5 

A. corr. 

Extinguishment of rights 

2.6 The federal legislation approving, giving effect to and declaring valid the Agreement shall extinguish all native claims, rights, title and interests of all Indians and all Inuit in and to the Territory, whatever they may be. 

JBNQA, subs. 2.6 

Compl. A. no. 2, s. 2

Coming into force of Agreement 

2.7 During the Transitional Period of two (2) years referred to herein, Canada and Québec shall to the extent of their respective obligations, take the measures necessary to put into force, with effect from the date of execution of the Agreement, the Transitional Measures referred to in the Agreement. 

Except for such Transitional Measures, the Agreement shall come into force and shall bind the Parties on the date when both the federal and provincial laws respectively approving, giving effect to and declaring valid the Agreement are in force. 

Upon the coming into force of the said federal and provincial legislation the Transitional Measures shall be replaced by all the other provisions of this Agreement. All acts done by the Parties in virtue of the said Transitional Measures shall then be deemed to have been ratified by all the Parties hereto. 

Transitional Monetary Payment 

2.8 In the event that the legislation referred to in paragraph 2.5 hereof does not come into force within a period of two (2) years from the execution of the Agreement, all compensation paid to or for the benefit of the James Bay Crees and the Inuit of Québec by Québec or Canada pursuant to Sub-section 25.1 shall be repaid to, revert to or remain with, as the case may be, the said governments. However, during the transitional period, the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell shall be entitled to receive, retain and use any interest earned thereon when due under the provisions of paragraphs 25.1.6 and 25.2.6. Such interest payments shall be made to the Grand Council of the Crees (of Québec) for the benefit of the James Bay Crees and to the Northern Québec Inuit Association for the benefit of the Inuit of Québec and the Inuit of Port Burwell. 

JBNQA, subs. 2.8 

A. corr. 

2.9 

Transitional Measures 

2.9.1 During the period between the date of execution of the Agreement and either the coming into force of the legislation referred to in paragraph 2.5 or two (2) years from the date of execution of the Agreement, whichever is the earlier (which period is herein referred to as the Transitional Period Quotation marks), Québec undertakes, in the case of the James Bay Crees, from the date of the execution of the Agreement and in the case of the Inuit of Québec and the Inuit of Port Burwell, from the respective dates that agreements are reached with Québec in accordance with Section 6 for the selection of Category I lands, not to alienate, cede, transfer or otherwise grant rights respecting the lands which are to be allocated as Category I lands to or for the benefit of the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell, except for those rights which Québec could grant under Sections 5 or 7. Such lands are described in the Territorial descriptions annexed to Section 4 and to be annexed to Section 6 as selections are made and shall include the lands known as Category IA and Category IB lands. 

JBNQA, par. 2.9.1 

A. corr. 

Provisional use of Territory 

2.9.2 During the transitional period, the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell shall be permitted to occupy, enjoy and use the Territory in accordance with present practice, subject to the rights of the other parties to the Agreement to act in such a manner as not to jeopardize rights which the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell will have when the Agreement comes into force and effect. Nonetheless, this shall not be deemed to be a recognition nor a waiver of any right in or to the Territory in favour of or by the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell. 

JBNQA, par. 2.9.2 

A. corr. 

Provisional Hunting, Fishing and Trapping 

2.9.3 Moreover, during the transitional period, and subject to acquired rights, the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell when they will have selected their lands as aforesaid, shall be granted by regulations of Québec and Canada, to the extent of their respective jurisdictions, which Québec and Canada hereby undertake to adopt to give effect to these presents, the exclusive right to hunt, fish and trap in the lands which are or shall be described as Category I and Category II lands and to grant the right to trap and to hunt and fish in Category III lands, the whole subject to such limitations on the Native people as are contained in Section 24 of the Agreement. These regulations shall also provide that the Inuit of Québec and the Inuit of Port Burwell (through their Community Councils) and the James Bay Crees shall be authorized to allow other persons to hunt, fish and trap in Category I and Category II lands in the manner set forth in Section 24. Moreover, subject to acquired rights, the said regulations shall also provide for the same rights to the Native people in respect to outfitting as would have applied had the Agreement come into force on the date of its execution, except that notices relating to the right of first refusal with respect to outfitting facilities during the Transitional Period shall be given to the interested Native parties in respect to their respective areas of primary interest and to both interested Native parties in respect to areas of common interest. 

JBNQA, par. 2.9.3 

A. corr. 

Payment during Transitional Period 

2.9.4 From the date of execution of the Agreement, Canada and Québec shall pay for the benefit of the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell the amounts of compensation to which they shall be entitled upon the coming into force of the Agreement in accordance with the provisions of Sub-section 25.1 However, during the transitional period, such amounts of compensation shall not be paid to the legal entity or entities contemplated by Sections 26 and 27 but shall instead be paid to financial institutions in Québec mutually acceptable to Québec, Canada and the Cree and Inuit parties, for the benefit of the James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell, pursuant to trust arrangements acceptable to Canada, Québec and the interested Native parties. It is recognized that there may be separate trust arrangements for each of the interested Native parties. 

Building of La Grande Project 

2.9.5 During the transitional period, the James Bay Energy Corporation and Hydro-Québec undertake that they will carry out all measures respecting Le Complexe La Grande 1975 in the manner provided for in Section 8 as if the said Section were in force and effect from the date of execution of the Agreement. Furthermore, the James Bay Energy Corporation and Hydro-Québec undertake that during the said transitional period Le Complexe La Grande 1975 which is being built will substantially conform to the provisions contemplated by the “Description Technique – Le Complexe La Grande 1975” (dated October 20, 1975) referred to in Section 8 of the Agreement. 

The James Bay Crees, the Inuit of Québec and the Inuit of Port Burwell undertake that during the Transitional Period, no legal proceedings will be instituted having as an object the halting of works being carried out substantially in conformity with the said Le Complexe La Grande 1975.

Other Provisional Measures 

2.9.6 In addition to the foregoing, the provisions of the Agreement relating to Health and Social Services, Education and Justice and Police shall be implemented to the extent possible within existing legislation, during the Transitional Period. In respect to the income security program for the Crees and in respect to the support program for Inuit hunting, fishing and trapping the transitional measures during the transitional period shall be as described in Sections 30 and 29 respectively. Subject to the provisions of said Sections, at the termination of said Transitional Period the native parties shall be obliged to render an account to Québec concerning the use of such moneys for such programs and to repay and remit to Québec any portion of such moneys not used for the said purposes. 

At the termination of the Transitional Period, Canada and Québec may cease implementation of the above mentioned provisions, and the Crees and Inuit shall have the right to opt out of such implementation, in either of which events the parties shall be restored to their respective positions prior to the execution of the Agreement, provided that nothing herein shall be interpreted to require the Crees and the Inuit to repay any sums spent in accordance with and with respect to this paragraph. 

Suspension of Legal Proceedings 

2.9.7 The parties agree to further suspend during the Transitional Period the legal proceedings relating to the James Bay project or to the claims, rights, titles and interests in land of the James Bay Crees and the Inuit of Québec, including the effects of any judgment, rendered or to be rendered, resulting therefrom, and not to institute any further proceedings relating to such matters, during the Transitional Period, including all matters contemplated by the proceedings in the case of Kanatewat et al. vs. the James Bay Development Corporation et al. pending before the Supreme Court of Canada and related proceedings pending before the Superior Court of Québec. The parties further agree not to institute legal proceedings relating to transitional measures referred to herein during the transitional period. 

JBNQA, par. 2.9.7 

A. corr. 

Agreement not coming into force 

2.9.8 In the event that the legislation referred to in paragraph 2.5 hereof does not come into force within a period of two (2) years from the execution of the Agreement then, notwithstanding the Transitional Measures herein specified, nothing in the Agreement shall be construed as imposing any obligation upon Québec or Canada to continue any or all of the Transitional Measures or any other obligation or undertaking referred to elsewhere in the Agreement. Nevertheless, Québec and Canada, to the extent of their respective undertakings, agree to assume and implement the Transitional Measures provided for herein and the Crees, the Inuit of Québec and the Inuit of Port Burwell have accepted same on the basis that suitable legislation shall be adopted to put the Agreement into force and effect. 

Extension of Transitional Period 

2.9.9 The Transitional Period may be extended by consent of all parties. 

2.10 The parties hereto recognize and declare that all lands other than Category IA lands are and shall remain under the exclusive legislative jurisdiction of the Province of Québec. 

In the event that a final judgment of a competent court of last resort declares that the whole or any part of Categories II and III lands fall under the legislative jurisdiction of Canada, because of rights granted to the Native people with respect to all or any such lands or because such lands are held to be lands reserved for Indians, then any rights given to the Native people with respect to such lands shall cease to exist for all legal purposes.

Québec and Canada undertake as of the date of the said judgment, both one to the other, as well as individually and collectively, in favour of the Native people to do all things necessary and to introduce such legislative or other measures needed to enable Québec and/or Canada, in their respective jurisdictions, to grant anew the same rights that ceased to exist but with provincial jurisdiction in the said lands. 

Nonetheless, in order to avoid hardship to the Native people and notwithstanding the above, the effect of the preceding provisions with respect to the termination of the rights of the Native people shall be suspended for a period of two (2) years following the date of the judgment. 

During such period of suspension, Québec and Canada undertake that they will not do anything or permit anything to be done which would prevent the granting or restoration to the Native people of any rights so nullified. 

At the expiration of the period of suspension of two (2) years mentioned above, should no measures have been taken which would make possible, under provincial jurisdiction, the restoration of rights to the Native people, Canada and Québec shall continue to endeavour to take the measures necessary which will make possible the restoration under provincial jurisdiction of the said rights over Categories II and III lands. 

Should any Category I lands, exclusive of Category IA lands of the Crees, be held by a final judgment of a competent court of the last resort to fall under federal legislative jurisdiction, none of the rights of the Native people in regard to such lands shall be affected. However, Canada and Québec undertake to diligently do all things necessary and to introduce such legislative or other measures required so that such lands and rights of the Native people related to such lands fall under provincial legislative jurisdiction. 

The termination of any rights in virtue of this paragraph and the circumstances described herein shall not be deemed to be nor be construed as nullifying in any manner whatsoever any other rights or provisions of this Agreement. 

Citizens' Rights 

2.11 Nothing contained in this Agreement shall prejudice the rights of the Native people as Canadian citizens of Québec, and they shall continue to be entitled to all of the rights and benefits of all other citizens as well as those resulting from the Indian Act (as applicable) and from any other legislation applicable to them from time to time. 

Federal and Provincial Programs 

2.12 Federal and provincial programs and funding, and the obligations of the Federal and Provincial Governments, shall continue to apply to the James Bay Crees and the Inuit of Québec on the same basis as to the other Indians and Inuit of Canada in the case of federal programs, and of Québec in the case of provincial programs, subject to the criteria established from time to time for the application of such programs. 

Federal Provincial and Private Interests 

2.13 The rights of the Crown in right of Canada in respect to Federal properties and installations in the Territory and the rights of the Crown in right of Québec in respect to provincial properties and installations in the Territory, which are now or hereafter owned by the Crown or used for the purposes of the Federal or Provincial Government, as the case may be, shall not be affected by the Agreement, except as otherwise specifically provided for herein. 

Subject to the provisions of this Agreement the rights of persons not parties hereto shall not be affected.

Undertaking to Negotiate 

2.14 Québec undertakes to negotiate with other Indians or Inuit who are not entitled to participate in the compensation and benefits of the present Agreement, in respect to any claims which such Indians or Inuit may have with respect to the Territory. 

Notwithstanding the undertakings of the preceding sub-paragraph, nothing in the present paragraph shall be deemed to constitute a recognition, by Canada or Québec, in any manner whatsoever, of any rights of such Indians or Inuit. 

Nothing in this paragraph shall affect the obligations, if any, that Canada may have with respect to claims of such Native persons with respect to the Territory. This paragraph shall not be enacted into law. 

Amendment 

2.15 The Agreement may be, from time to time, amended or modified in the manner provided in the Agreement, or in the absence of such provision, with the consent of all the Parties. Whenever for the purposes of, or pursuant to, the Agreement, unless otherwise expressly specified, consent is required in order to amend or modify any of the terms and conditions of the Agreement, such consent may be given on behalf of the Native people by the interested Native parties. 

Confirmation 

2.16 The Agreement shall, within four months from the date of execution, and in a manner satisfactory to Canada, be submitted to the Inuit and the Crees for purposes of consultation and confirmation. The transitional measures provided for herein and the provisions of Sub Sections 25.5 and 25.6 shall take effect only from the time of such confirmation but retroactive to the date of the execution of the Agreement. 

Jurisdiction 

2.17 Canada and Québec shall recommend that legislative effect be given to the Agreement by Parliament and the National Assembly, subject to the terms of the Agreement and the legislative jurisdiction of Parliament and the National Assembly. 

JBNQA, subs. 2.17 

A. corr. 

2.18 The other provisions of this Agreement are set forth in the Sections attached hereto dealing with various subject matters, which Sections form part of this Agreement.

SECTION 3 

Eligibility 

3.1 Definitions 

For the purposes of this Section, the following words and terms shall be defined as follows: 

3.1.1 “Cree community” is a group consisting of all members of a Cree band, within the meaning of the Indian Act, in the Territory, as well as all other persons who are entitled to be enrolled as beneficiaries hereunder who are recognized by such band as belonging to such group. From the coming into force of Complementary Agreement No. 22, “Cree community” also includes the Crees of Oujé-Bougoumou. 

JNBQA, par. 3.1.1 

Compl. A. no. 22, sch. 2, s. 1 

3.1.2 (Paragraph deleted)

JBNQA, par. 3.1.2 

A. corr. 

Compl. A. no. 18, sch. 1, s. 4 

3.1.3 “Indian Act” is an Act respecting Indians, 1970, R.S.C., c. I-6 as amended. 3.1.4 “Minor” is an unmarried male or female person who has not yet attained the age of eighteen (18). 

3.1.5 “recognition by a community” includes, in the case of the Crees, a resolution approved by a majority of the members of the band council. 

JBNQA, par. 3.1.5 

Compl. A. no. 18, sch. 1, s. 5 

3.1.6 “adoption” is the adoption of a child who has not reached the age of majority at the time of the adoption, which adoption was 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. 

3.1.7 “Secretary General” is the secretary general of the Registre de la Population du Québec. 3.1.8 (Alinéa n’ayant jamais existé en anglais.) 

JBNQA, subs. 3.1 

A. corr. 

3.2 Eligibility 

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

a) under the Indian Act, a member or a person entitled to be a member of one of the eight Cree Indian bands of Québec, now designated as Waswanipi, Mistassini, Old Factory, Fort George, Eastmain, Rupert House, Nemaska and Great Whale River , or 

b) a person of Cree ancestry ordinarily resident in the Territory, or 

c) a person of Cree or Indian ancestry who is recognized by one of the Cree communities as having been on such date a member thereof, or 

d) the adopted child of a person mentioned in sub-paragraphs a), b) or c). 

3.2.2 On or after November 16, 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 or she 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 paragraphs 3.2.1 or 3.2.3; 

b) the adopted child of a person described in paragraph 3.2.1 or sub-paragraph 3.2.2 a) provided such child is a minor at the time of the adoption. 

3.2.3 After six months following the posting of the official lists referred to in sub-paragraph 3.3.6 b), a Cree community may, from time to time, at its discretion, direct the Secretary General 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) he or she would have been entitled to be enrolled with his or her descendants pursuant to paragraphs 3.2.1 or 3.2.2 but through inadvertence or otherwise, was omitted from the official lists of beneficiaries prepared in accordance with paragraph 3.3.6. 

The provisions of this paragraph shall not prevent any person omitted from the official lists of beneficiaries prepared in accordance with paragraph 3.3.6 from exercising his right to appeal pursuant to Sub-section 3.4. 

JBNQA, par. 3.2.3 

A. corr. 

3.2.4 (Paragraph deleted)

JBNQA, par. 3.2.4 

Compl. A. no. 18, sch. 1, s. 6 

3.2.5 (Paragraph deleted)

JBNQA, par. 3.2.5 

Compl. A. no. 18, sch. 1, s. 6 

3.2.6 (Paragraph deleted)

JBNQA, par. 3.2.6 

A. corr. 

compl. A. no. 18, sch. 1, s. 6 

3.2.7 In the event a person mentioned in paragraphs 3.2.1 to 3.2.3 inclusive of this Sub-Section is absent from the Territory during ten 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. 

JBNQA, par. 3.2.7 

A. corr. 

Compl. A. no. 18, sch. 1, s. 7 

3.2.8 A person who is entitled to be enrolled on both the Cree and Inuit lists, in accordance with the criteria set out in paragraphs 3.2.1 or 3.2.4 shall on or before a day fixed by the Enrollment Commission declare, the list on which he or she wishes to be enrolled, and failing to so declare the Enrollment Commission shall decide the list on which that person shall be enrolled. 

JBNQA, par. 3.2.8 

A. corr.

3.2.9 Without restricting the generality of the foregoing and notwithstanding any other provision in this Section, a person shall not be enrolled on more than one list. Upon attaining the age of majority, a person entitled to be enrolled on both the Cree and Inuit lists shall notify the Secretary General as to the list on which he or she wishes to be enrolled, and failing to do so, the Secretary General shall decide the list on which that person shall be enrolled. 

3.3 Enrollment 

3.3.1 Upon the execution of the Agreement, each Cree and Inuit community shall establish a Local Enrollment Committee comprised of three (3) resident members nominated by the council of the respective Cree band or Inuit community corporation and appointed by the Enrollment Commission. The Local Enrollment Committee shall cease to exist simultaneously with the cessation of the Enrollment Commission pursuant to paragraph 3.3.10. 

3.3.2 A Local Enrollment Committee shall have the following duties and functions: 

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

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

c) to receive completed applications for enrollment; 

d) to prepare a list of all persons who in its opinion are entitled to be enrolled in accordance with the criteria set out in paragraphs 3.2.1 to 3.2.9 inclusive; 

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

f) to 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) to forward to the Enrollment Commission applications which in its opinion should be considered by another Local Enrollment Committee. 

3.3.3 Upon the execution of the Agreement, an Enrollment Commission shall be established comprised of: 

a) a person appointed by the Grand Council of the Crees (of Québec) or its successor; b) a person appointed by the Northern Quebec Inuit Association; 

c) a person appointed by Québec; 

d) a person appointed by Canada; 

e) a person chosen by the four members mentioned above but in the event that they are unable to agree on a choice, such person shall be appointed by Québec. 

3.3.4 A chairman shall be elected by the members from among themselves. 

3.3.5 A majority of the members constitutes a quorum of the Commission. 

3.3.6 

a) The Enrollment Commission shall be responsible for the preparation of the official lists of persons entitled to be enrolled in accordance with the criteria set out in paragraphs 3.2.1, 3.2.4, 3.5.4 and 3.5.5. 

b) On or before November 1, 1977, the Enrollment Commission shall publish the official lists and shall forward a copy thereof to the councils, or their successors, of the respective Cree bands and Inuit

communities and shall cause a copy thereof to be posted in a place in the community where notices are ordinarily displayed. 

3.3.7 The Enrollment Commission shall have the following powers: 

a) to determine the place and dates of such meetings as it deems necessary; 

b) to fix the date for receiving the lists referred to in paragraph 3.3.2; 

c) to establish its own procedures and standards of evidence; 

d) to authorize the expenditure of such funds as may be allocated to it for the purpose of carrying out its functions and responsibilities. 

3.3.8 The Enrollment Commission shall have the following duties and functions: a) to assist the Local Enrollment Committees in carrying out their functions and responsibilities; 

b) to prepare and provide such information and forms as may be necessary to enable the Local Enrollment Committee to conduct the enrollment; 

c) to refer to the appropriate Local Enrollment Committee those applications for enrollment which are submitted directly to the Enrollment Commission by individual applicants and those applications which were made to the inappropriate Local Enrollment Committee; 

d) to review the lists of names submitted by the Local Enrollment Committed pursuant to sub-paragraphs 3.3.2 d), e) and f) 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 Sub Section 3.2; 

e) to prepare, certify, publish and advertise the official lists; 

f) to notify the Local Enrollment Committee of the names of all persons who have been added to or deleted from the lists prepared by the Local Enrollment Committee; 

g) to notify each applicant whose name has not been put on the official lists and to notify each person whose name has been added to or deleted from the lists submitted by the Local Enrollment Committee and to inform that applicant or person of the reason for the Commission's decision and of his or her right to appeal. 

3.3.9 Where it appears to the Enrollment Commission that a Local Enrollment Committed is not able to carry out the duties and functions provided by paragraph 3.3.2 by the date fixed by the Commission, the Commission may exercise any or all of the duties and responsibilities of the Local Enrollment Committed. 

3.3.10 Within one month of the publication and posting of the official lists, or of the notifications mentioned in sub-paragraph 3.3.8 g) whichever is the later, the Enrollment Commission shall deposit with the Secretary General 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 Secretary General and the said Commission shall thereafter cease to exist. 

3.4 Appeals 

3.4.1 Within six months after the posting of the official lists of beneficiaries in accordance with sub paragraph 3.3.6 b) an appeal shall lie to the Quebec Native Appeal board in respect to the ommission, inclusion, exclusion or deletion of the name of a person to or from such lists. 

3.4.2 Within six months after the notification by the Secretary General that the name of a person has been added to or deleted from the Cree register by the Secretary General or within six months after the notification by the Secretary General of his refusal to include the name of a person on the Cree register, an appeal shall lie to the Quebec Native Appeal Board in respect thereto. 

JBNQA, par. 3.4.2 

Compl. A. no. 18, sch. 1, s. 8 

3.4.3 Only one appeal may be made to the Quebec Native Appeal Board pursuant to paragraphs 3.4.1 or 3.4.2. 

3.4.4 The following persons may appeal to the Quebec Native Appeal Board pursuant to paragraphs 3.4.1 or 3.4.2: 

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 Register; 

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

d) the Council (or its successor) of one of the Cree bands. 

JBNQA, par. 3.4.4 

Compl. A. no. 18, sch. 1, s. 9 

3.4.5 A Native Appeal Board shall be established by Québec to hear and determine appeals pursuant to paragraphs 3.4.1 to 3.4.4 inclusive. This Board shall be called the “Quebec Native Appeal Board” and shall consist of a judge of the Provincial Court of Québec. 

3.4.6 The Minister of Indian Affairs and Northern Development shall be notified by the Secretary General of all appeals under this Sub Section and shall have the right to intervene on his own behalf, or, at the request of the appellant, on the appellant's behalf, in any such appeal presented to the Quebec Native Appeal Board. 

JBNQA, par. 3.4.6 

A. corr. 

3.5 Registration of beneficiaries 

3.5.1 A Cree Register shall be maintained by Québec in which shall be recorded the names of the persons entitled to be enrolled in accordance with this Section. The Register shall contain the community lists mentioned in Sub Section 3.5.4. 

JBNQA, par. 3.5.1 

Compl. A. no. 18, sch. 1, s. 10 

3.5.2 The Québec Cree Register shall indicate the date on which each name is added thereto or deleted therefrom. 

JBNQA, par. 3.5.2 

Compl. A. no. 18, sch. 1, s. 11 

3.5.3 The Secretary General may at any time add to or delete from the Register the name of any person who, in accordance with the provisions of this Section, is entitled or not entitled to have his name included in the Register. 

JBNQA, par. 3.5.3 

Compl. A. no. 18, sch. 1, s. 12

3.5.4 

a) A person entitled to be enrolled as a Cree under Sub Section 3.2 hereof shall also be enrolled in a Cree community by enrollment on a Cree community list which shall be established for each community. 

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

c) A person shall be enrolled in the community in respect of which he or she is presently registered under the Indian Act if he or she is registered as a band member. If he or she is not a band member he or she shall be enrolled in the Cree community in which he or she has been granted affiliation pursuant to sub-paragraphs 3.2.1 b), c), d), paragraph 3.2.2 or paragraph 3.2.3 and failing this, in the Cree community in which one of his or her 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 or she has attained the age of 18. 

d) A person born of parents who are members of two different Cree communities shall be enrolled in his or her 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 Secretary General as to the Cree community in which he or she wishes to be enrolled and, failing to do so, he or she shall remain a member of the father's Cree community. 

e) A Cree marrying a member of another Cree community may retain membership in his or her Cree community of origin. 

f) 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 Cree community. 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. 

g) A qualified Cree person within the community shall be appointed as the local registry officer by Québec. 

h) Each local registry officer shall keep and maintain the Cree community list and he shall forthwith notify the Secretary General of all changes in the Cree community list necessitating changes in the Cree Register. 

i) Each local registry officer may, in addition, be appointed for the registration of acts of civil status and vital statistics in accordance with the appropriate Québec laws. 

j) For greater certainty, from the coming into force of Complementary Agreement No. 22, “Cree community” in sub-paragraph 3.5.4 (a) includes the community of OujéBougoumou. 

JBNQA, par. 3.5.4 

Compl. A. no. 22, sch. 2, s. 2 

3.5.5 (Paragraph deleted)

JBNQA, par. 3.5.5 

A. corr. 

Compl. A. no. 18, sch. 1, s. 13 

3.6 Costs 

3.6.1 Canada and Québec shall each pay half of the total amount of expenses incurred for the initial enrollment.

3.7 Amendment 

3.7.1 The provisions of this Section may only be amended with the consent of Québec, Canada and the interested Native party.


SECTION 3A 

Eligibility – Inuit 

3A.1 Application 

3A.1.1 Section 3 of the Agreement does not apply to Inuit and Section 3A does not apply to Cree. 

Compl. A. no. 18, sch. 1, s. 21 

3A.1.2 The present Section does not retroactively affect Inuit beneficiaries’rights acquired under Section 3 of the Agreement. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21 

3A.2 Definitions 

For the purposes of this Section, the following definitions apply: 

“Associated with an Inuit community” refers to the familial, residential, historical, cultural or social connections a person has with an Inuit community. 

“Inuit community” is one of the existing Inuit communities at Kangiqsualujjuaq, Kuujjuaq, Tasiujaq, Aupaluk, Kangirsuk, Quaqtaq, Kangiqsujuaq, Salluit, Ivujivik, Akulivik, Puvirnituq, Inukjuak, Umiujaq, Kuujjuaraapik, Chisasibi, future Inuit communities recognized by Québec, and Killiniq (Port Burwell) for the specific purposes mentioned in the Agreement. 

“Secretary General” is the secretary general of the Registre de la Population du Québec, now identified as the Registres des bénéficiaires cris, inuits et naskapis de la Convention de la Baie-James et du Nord québécois et de la Convention du Nord-Est québécois maintained at the ministère de la Santé et des Services sociaux. 

Compl. A. no. 18, sch. 1, s. 21 

3A.3 Eligibility 

3A.3.1 A person shall be entitled to be enrolled as a beneficiary under the Agreement, subject to paragraphs 3A.3.3 and 3A.3.4, if he or she : 

a) is alive, 

b) is a Canadian citizen, 

c) is an Inuk, as determined in accordance with Inuit customs and traditions, 

d) identifies himself or herself as an Inuk, and 

e) is associated with an Inuit community. 

Compl. A. no. 18, sch. 1, s. 21 

3A.3.2 For the purpose of sub-paragraph 3A.3.1 d), the parent or tutor of a person who is unable to identify himself or herself as an Inuk may identify that person as an Inuk. 

Compl. A. no. 18, sch. 1, s. 21 

3A.3.3 No persons shall be enrolled under the Agreement and at the same time enrolled under any other Canadian aboriginal land claims agreement or treaty. A person enrolled under another Canadian aboriginal land claims agreement or treaty who would be entitled to be enrolled as a beneficiary under the Agreement may enrol if he or she gives up, for the duration of such enrolment under the Agreement, his or her enrolment under the terms of the other Canadian aboriginal land claims agreement or treaty. 

Compl. A. no. 18, sch. 1, s. 21 

3A.3.4 Notwithstanding paragraph 3A.3.3, Inuit beneficiaries may be enrolled under other agreements or treaties related to Nunavik Inuit rights, notably those agreements or treaties that may be related to the Nunavik Marine Region surrounding Québec and to Labrador and the Labrador offshore area. 

Compl. A. no. 18, sch. 1, s. 21 

3A.3.5 The beneficiary status of a person whose entitlement to be enrolled was based on his or her status as the lawful spouse of a beneficiary, prior to the coming into force of the present Section, may be reviewed by the interested Community Enrolment Committee provided for in subsection 3A.6 to determine whether this person meets the eligibility requirements of the present subsection, if there are reasonable grounds to believe that he or she no longer has sufficient connection with an Inuit community in the event of divorce, legal separation, de facto separation or the spouse’s death, when any one of such events occurs after the coming into force of the present Section. De facto separation shall be evidenced by an affidavit signed by the spouse or another interested beneficiary attesting to the fact that the spouses have been separated for a period of at least one (1) year. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21 

3A.4 Nunavik Enrolment Office and Inuit Beneficiaries Register 

3A.4.1 A Nunavik Enrolment Office, hereinafter “Enrolment Office”, is hereby established under the authority of the Makivik Board of Directors and shall be located at the Makivik Head Office. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.2 The functions of the Enrolment Office shall be to: 

a) maintain the Inuit beneficiaries register, which includes the Inuit Beneficiaries List and the List of Inuit Beneficiaries Living Outside the Territory for Ten (10) or More Continuous Years, in accordance with the decisions of the Community Enrolment Committees and of the Nunavik Enrolment Review Committee provided for in subsection 3A.7; 

b) conduct elections for designating the Community Enrolment Committee members in each community where an Inuit Landholding Corporation, established by the Act Respecting the Land Regime in the James Bay and New Québec Territories, R.S.Q., c. R-13.1, does not exist; 

c) receive applications for review and notify the persons appointed to the standing list of members called upon to compose the Nunavik Enrolment Review committee; 

d) issue the Inuit beneficiaries register lists in accordance with subsection 3A.9. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.3 The Inuit beneficiaries register maintained by the Secretary General shall be transferred to the Enrolment Office. Consequently, the names of beneficiaries enrolled on each of the Inuit beneficiaries register lists maintained by the Secretary General on the date when the transfer occurs, as well as each beneficiary’s affiliation to an Inuit community, shall be automatically enrolled on the corresponding Inuit beneficiaries register lists maintained by the Enrolment Office. 

Compl. A. no. 18, sch. 1, s. 21

3A.4.4 A beneficiary enrolled on the Inuit Beneficiaries List shall be entitled to exercise rights and receive benefits under the Agreement as long as his or her name is enrolled thereon. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.5 A beneficiary who has established his or her residence outside the Territory during ten (10) or more continuous years is not entitled to exercise rights or receive benefits under the Agreement and his or her name is transferred to the List of Inuit Beneficiaries Living Outside the Territory for Ten (10) or More Continuous Years. Upon such beneficiary re-establishing his or her residence in the Territory, the right of such beneficiary to exercise rights and receive benefits under the Agreement shall revive and his or her name shall be transferred to the Inuit Beneficiaries List. 

Compl. A. no. 18, sch. 1, s. 21 

3.A.4.6 Notwithstanding paragraph 3A.4.5, a beneficiary who has established his or her residence outside the Territory during ten (10) or more continuous years for purposes related to education, health or employment with an organization whose mandate is to promote the welfare of Inuit, shall continue to be entitled to exercise rights and receive benefits under the Agreement. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.7 For greater certainty, a beneficiary whose entitlement to exercise rights and receive benefits under the Agreement has been suspended under paragraph 3A.4.5 shall continue to be eligible for federal and provincial government programs and funding as an Inuk, subject to the criteria established from time to time for the application of such programs and to general parliamentary approval of such programs and funding. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.8 A beneficiary may at any time decide to discontinue enrolment under the Agreement and, upon reception by the Enrolment Office of that beneficiary’s written directions to that effect, his or her name shall be removed from the Inuit beneficiaries register. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.9 Without restricting the generality of the foregoing and notwithstanding any other provision in this Section, a person shall not be enrolled at the same time as a Cree beneficiary and as an Inuit beneficiary under the Agreement. Upon attaining the age of majority, a person entitled to be enrolled on both the Cree beneficiaries register and Inuit beneficiaries register shall notify the Secretary General as to the register on which he or she wishes to be enrolled, and failing to do so, the Secretary General shall decide the register on which that person shall be enrolled. The Secretary General shall then forward its decision to the Enrolment Office. 

Compl. A. no. 18, sch. 1, s. 21 

3A.4.10 The Inuit beneficiaries register lists shall indicate the affiliation of a beneficiary to an Inuit community, as provided for in subsection 3A.5. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21

3A.5 Affiliation 

3A.5.1 A beneficiary shall be affiliated to the Inuit community in which he or she is accepted for enrolment as a beneficiary. Although a beneficiary may be associated with more than one Inuit community, he or she may not be affiliated to more than one Inuit community concurrently. 

Compl. A. no. 18, sch. 1, s. 21 

3A.5.2 A beneficiary who is affiliated to an Inuit community may request a change of affiliation and become affiliated to another Inuit community with the consent of the latter’s Community Enrolment Committee. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21 

3A.6 Community Enrolment Committees 

3A.6.1 A Community Enrolment Committee is hereby established in each Inuit community. 

Compl. A. no. 18, sch. 1, s. 21 

3A.6.2 A Community Enrolment Committee shall be composed of not less than three (3) and not more than thirteen (13) beneficiaries. 

In each community where an Inuit Landholding Corporation exists, the Corporation’s Board of Directors and one (1) Elder affiliated to the community shall compose the Community Enrolment Committee. The Elder shall be appointed for a two (2) year term by the Inuit Landholding Corporation, such term being renewable. 

In each community where an Inuit Landholding Corporation does not exist, the Enrolment Office shall conduct elections for designating the Community Enrolment Committee members. The members shall be elected for a two (2) year term by the Inuit beneficiaries affiliated to those communities, such term being renewable. 

Compl. A. no. 18, sch. 1, s. 21 

3A.6.3 The functions of a Community Enrolment Committee shall be to: 

a) decide whether a person applying for enrolment as a beneficiary under the Agreement meets each of the eligibility requirements of sub-paragraphs a), b), c) and d) of paragraph 3A.3.1 and is associated with the Committee’s Inuit community in accordance with sub-paragraph e) of paragraph 3A.3.1. If the person meets these requirements, the Community Enrolment Committee shall affiliate the person to the Committee’s Inuit community; 

b) decide, upon its own motion, whether the name of a beneficiary affiliated to the Committee’s Inuit community should be removed from the Inuit beneficiaries register, as a consequence of that person no longer meeting the eligibility requirements of sub-paragraphs a) or b) of paragraph 3A.3.1; 

c) decide, upon its own motion or upon the request of a beneficiary, whether a person affiliated to the Committee’s Inuit community is subject to paragraph 3A.3.5 and, as the case may be, decide whether the person meets the eligibility requirements of subsection 3A.3; 

d) decide, upon the request of a beneficiary affiliated to another Inuit community, whether the beneficiary may become affiliated to the Committee’s Inuit community;

e) decide, upon its own motion, whether a beneficiary affiliated to the Committee’s Inuit community has established his or her residence outside the Territory during ten (10) or more continuous years for purposes other than those referred to in paragraph 3A.4.6; 

f) decide, upon the request of a beneficiary affiliated to the Committee’s Inuit community, whether the beneficiary has re-established his or her residence in the Territory; 

g) notify the Enrolment Office of its decisions without delay. 

Compl. A. no. 18, sch. 1, s. 21 

3A.6.4 Community Enrolment Committee decisions shall be taken by a majority. 

Compl. A. no. 18, sch. 1, s. 21 

3A.6.5 No persons shall present an application for enrolment as a beneficiary under the Agreement or an application for a change of affiliation to more than one Community Enrolment Committee concurrently. If an application for enrolment or an application for a change of affiliation is refused, the person who had presented the application may apply to another Community Enrolment Committee in one of the following cases: 

a) a period of twelve (12) months from the date of the first Community Enrolment Committee’s decision has expired; 

b) the person has renounced his or her right to apply for review of the first Community Enrolment Committee’s decision; 

c) the Nunavik Enrolment Review Committee has maintained the first Community Enrolment Committee’s decision refusing the application for enrolment or the application for a change of affiliation. 

Compl. A. no. 18, sch. 1, s. 21 

3A.6.6 No proceedings may be brought against a Community Enrolment Committee member for acts performed in good faith in the exercise of his or her functions. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21 

3A.7 Nunavik Enrolment Review Committee 

3A.7.1 A Nunavik Enrolment Review Committee, hereinafter “Review Committee”, is hereby established. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.2 A standing list of members called upon to compose the Review Committee shall be established. To this effect, the Makivik Board of Directors shall appoint two (2) beneficiaries from each of the three following regions: the Ungava region, the Hudson Straight region and the Hudson region. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.3 In no case may a member of a Community Enrolment Committee be appointed to the standing list. 

Compl. A. no. 18, sch. 1, s. 21

3A.7.4 The members of the standing list shall be appointed for a three (3) year term, such term being renewable. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.5 The term of office of a member of the standing list may terminate prematurely only if he or she resigns or is removed from office for cause by the Makivik Board of Directors. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.6 When notified by the Enrolment Office of an application for review, the members of the standing list shall, by a majority of votes, appoint from among themselves three (3) members to compose the Review Committee. The members so appointed must represent each of the three regions referred to in paragraph 3A.7.2. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.7 The functions of the Review Committee shall be to: 

a) decide upon any application for review presented by a person applying for enrolment as a beneficiary under the Agreement, following a decision of a Community Enrolment Committee to refuse enrolment. If the Review Committee decides that the person meets the eligibility requirements of sub-paragraphs a), b), c) and d) of paragraph 3A.3.1 and is associated with the Community Enrolment Committee’s Inuit community in accordance with sub-paragraph e) of paragraph 3A.3.1, it shall affiliate the person to the Committee’s Inuit community; 

b) decide upon any application for review presented by a person, following a decision by a Community Enrolment Committee to remove that person’s name from the Inuit beneficiaries register; 

c) decide upon any application for review presented by a beneficiary who had requested, pursuant to sub-paragraph 3A.6.3 c), that the name of another beneficiary be removed from the Inuit beneficiaries register, following a refusal by a Community Enrolment Committee to remove the name; 

d) decide upon any application for review presented by a beneficiary, following a decision of a Community Enrolment Committee to refuse his or her request for affiliation to the Committee’s Inuit community; 

e) decide upon any application for review presented by a beneficiary, following a decision of a Community Enrolment Committee that the beneficiary has established his or her residence outside the Territory during ten (10) or more continuous years for purposes other than those referred to in paragraph 3A.4.6; 

f) decide upon any application for review presented by a beneficiary, following a refusal by a Community Enrolment Committee to acknowledge that the beneficiary has re-established his or her residence in the Territory; 

g) notify the Enrolment Office of its decisions without delay. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.8 During the review process, the Review Committee may allow further evidence. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.9 The quorum of the Review Committee shall be three (3) members and decisions shall be taken by a majority. 

Compl. A. no. 18, sch. 1, s. 21

3A.7.10 Applications for review must be presented to the Enrolment Office within twelve (12) months of the date of the Community Enrolment Committee’s decision. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.11 Every decision of the Review Committee is final and binding. 

Compl. A. no. 18, sch. 1, s. 21 

3A.7.12 No proceedings may be brought against a Review Committee member for acts performed in good faith in the exercise of his or her functions. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no 18, sch. 1, s. 21 

3A.8 Community Enrolment Committees and Review Committee Proceedings 

3A.8.1 Subject to paragraphs 3A.8.2 to 3A.8.4, the Community Enrolment Committees and the Review Committee shall establish rules for conducting proceedings. 

Compl. A. no. 18, sch. 1, s. 21 

3A.8.2 Prior to making any decision, the Community Enrolment Committees and the Review Committee shall allow directly interested parties an opportunity to make representations. 

Compl. A. no. 18, sch. 1, s. 21 

3A.8.3 The Community Enrolment Committees and the Review Committee shall give directly interested parties written reasons for each decision within a reasonable time. 

Compl. A. no. 18, sch. 1, s. 21 

3A.8.4 All proceedings of the Community Enrolment Committees and the Review Committee shall be in Inuttitut and, at the request of a member of a Committee or of a directly interested party, in French or in English. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21 

3A.9 Publication of the Inuit Beneficiaries Register Lists 

3A.9.1 Subject to the Federal and Québec laws concerning privacy of information, the Enrolment Office shall make the Inuit beneficiaries register lists available to the public for consultation purposes without charge. 

Compl. A. no. 18, sch. 1, s. 21 

3A.9.2 A free copy of the Inuit beneficiaries register lists shall be supplied annually and at any other time upon request to the Government of Québec and the Government of Canada. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21

3A.10 Amendments 

3A.10.1 The provisions of this Section may only be amended with the consent of Québec, Canada and the interested Native party. 

Compl. A. no. 18, sch. 1, s. 21 

3A.10.2 Legislation enacted to implement the provisions of this Section may be amended from time to time by the National Assembly of Québec in matters of its jurisdiction, and by Parliament in matters of federal jurisdiction. 

Compl. A. no. 18, sch. 1, s. 21 

Compl. A. no. 18, sch. 1, s. 21

Analysis

Summary

The James Bay Crees and Inuit of Québec have agreed to surrender all their Native claims, rights, titles, and interests in and to land in the Territory and in Quebec. Canada has approved and consented to the Agreement and will grant, grant, recognize, and provide to the Inuit the rights, privileges, and benefits specified in it. The provisions of the Agreement include eligibility, land selection, and compensation and taxation. The Inuit community of Port Burwell will not be included in paragraph 3.2.4 for the purpose of calculating compensation. Canada and the Government of the Northwest Territories will continue to provide programs and services to Inuit residents. Legal proceedings related to the settlement are pending in the Supreme Court of Quebec. The James Bay Energy Corporation, James Bay Development Corporation, and the Québec Hydro-Electric Commission are the parties involved in the agreement.

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