Definitions

Text

SECTION 1 

Definitions 

For the purposes of the Agreement and, unless otherwise expressly provided or indicated by the context, the following words and phrases shall mean: 

1.1 “Category I”: an area of land in the Territory described in Sections 5 and 7 of the Agreement. 1.2 “Category IA”: an area of land in the Territory described in Section 5 of the Agreement. 1.3 “Category IB”: an area of land in the Territory described in Section 5 of the Agreement. 

1.4 “Category IB Special and Special Category I”: areas of land in the Territory described in Sections 5 and 7 respectively of the Agreement. 

JBNQA, subs. 1.4 

A. corr. 

1.5 “Category II”: an area of land in the Territory described in Sections 5 and 7 of the Agreement. 

1.6 “Category III” : land in the Territory other than: 

Category I, IA, IB, IB Special and Special Category I, 

Category II, 

Category I-N lands, comprising the Category IA-N lands and Category IB-N lands, as provided for in the Northeastern Québec Agreement, and 

Category II-N lands, being the lands contemplated for use by the Naskapis by paragraph 7.2.1, and which may be used as such by the Naskapis, as provided for in the Northeastern Québec Agreement. 

JBNQA, subs. 1.6 

A. corr. 

Compl. A. no. 1, sch. 1, s. 1 

1.7 “Community”, in the case of the Crees, or “Cree Community”: a collectivity of Crees for whom Category I lands have been allocated and in the case of Category IA, the band as represented by the band council, and in the case of Category IB, the public corporations contemplated by Section 5 or 10 of the Agreement. From the coming into force of Complementary Agreement No. 22, “Community” in the case of the Crees or “Cree Community” also includes the Crees of Oujé-Bougoumou, and “Band” includes the Oujé-Bougoumou Band contemplated by Complementary Agreement No. 22. 

JBNQA, subs. 1.7 

Compl. A. no. 22, sch. 1, s. 1 

1.8 “Community”, in the case of the Inuit, or “Inuit Community”: one of the existing Inuit communities at George River, Fort Chimo, Leaf Bay, Aupaluk, Payne Bay, Koartak, Wakeham Bay, Sugluk, Ivujivik, Akulivik (Cape Smith), Povungnituk, Inoucdjouac, Great Whale River, and Fort George, future Inuit communities recognized as such by Québec, and Port Burwell for the specific purposes mentioned in the Agreement. 

JBNQA, subs. 1.8 

A. corr.

1.9 “Cree” or “James Bay Cree”: a person eligible pursuant to paragraphs 3.2.1, 3.2.2 and 3.2.3 of Section 3 of the Agreement. 

1.10 “Inuk” or “Inuit” in the plural: a person or persons eligible pursuant to Section 3A of the Agreement. 

JBNQA, subs. 1.10 

Compl. A. no. 18, sch. 1, s. 1 

1.11 “Native party”: in the case of the Crees, the Grand Council of the Crees (of Québec) or its successor until the coming into force of the legislation establishing the Cree Regional Authority and, thereafter, the Cree Regional Authority or its successor. In the case of the Inuit, the Northern Quebec Inuit Association or its successor until the coming into force of the legislation establishing La Société Inuit de développement – The Inuit Development Corporation and, thereafter, the said corporation or its successor. 

JBNQA, subs. 1.11 

A. corr. 

1.12 “Native people”: the Crees and the Inuit. 

1.13 “Native person”: a Cree or an Inuk. 

1.14 “Non-native”: a person not eligible pursuant to Sections 3 or 3A of the Agreement. 

JBNQA, subs. 1.14 

Compl. A. no. 18, sch. 1, s. 2 

1.15 “Minister”: the provincial or federal minister responsible for a matter falling within the jurisdiction of the government of which he is a member. 

1.16 “Territory”: the entire area of land contemplated by the 1912 Quebec boundaries extension acts (an Act respecting the extension of the Province of Quebec by the annexation of Ungava, Que. 2 Geo. V. c.7 and the Quebec boundaries Extension Act, 1912, Can. 2 Geo. V. c.45) and by the 1898 acts (an Act respecting the delimitation of the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Que. 61 Vict. c.6 and an Act respecting the Northwestern, Northern and Northeastern boundaries of the Province of Québec, Can. 61 Vict. c.3). 

JBNQA, subs. 1.16 

A. corr. 

1.17 “James Bay and Northern Québec Agreement” : the present Agreement. 

Compl. A. no. 1, sch. 1, s. 2 

1.18 “Northeastern Québec Agreement” : the agreement between the Naskapis de Schefferville band and the members thereof, le Gouvernement du Québec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydroélectrique de Québec (Hydro-Québec), the Grand Council of the Crees (of Québec), the Northern Québec Inuit Association and the Government of Canada, dated January 31, 1978. 

Compl. A. no. 1, sch. 1, s. 3 

See plan no. 1 Agreement Territory (Complementary Documents)

Analysis

Summary

The agreement defines terms such as Category I, II, III, and IV for land in the territory described in Sections 5 and 7 of the Northern Quebec Agreement. Category I includes Category IA, IA, IB, and IB Special and Special Category I. Category II includes Category I and II-N lands, as well as lands contemplated for use by the Naskapis by paragraph 7.1. From the coming into force of Complementary Agreement No. 22, Category I lands include the Crees of Oujé-Bougoumou and the Inuit communities at George River, Fort Chimo, Leaf Bay, Aupaluk, Payne Bay, Koartak, Wakeham Bay, Sugluk, Ivujivik, Akulivik (Cape Smith), Povungnituk, Inoucdjouac, Great Whale River, and Fort George. JBNQA, subs. 1.6, 1.7, and 1.8 include communities, Cree, Inuit, and Cree or Inuit eligible pursuant to sections 3.1, 3.2, and 3.3.

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