C-67 - Act approving the Agreement concerning James Bay and Northern Québec

Updated to 31 May 2024

This document has official status.

chapter C-67

Act approving the Agreement concerning James Bay and Northern Québec

The Minister of Natural Resources and Forests is responsible for the application of this Act. Order in Council 1662-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6524.

DIVISION I INTERPRETATION

1. In this Act, unless the context indicates a different meaning, the expression “Agreement” means the Agreement reached between the Grand Council of the Crees (of Québec), the Northern Québec Inuit Association, the Government of Canada, the Société d’énergie de la Baie James (the James Bay Energy Corporation), the Société de développement de la Baie James (the Société de développement de la Baie James), the Commission hydroélectrique du Québec (the Commission hydroélectrique du Québec) and the Gouvernement du Québec, dated 11 November 1975, and the Amending Agreement dated 12 December 1975, tabled in the National Assembly, 9 June 1976, as Sessional Documents, Nos 101 and 102.

1976, c. 46, s. 1; 1977, c. 5, s. 14.

DIVISION II THE AGREEMENT

2. (1)  The Agreement is hereby approved, given effect to and declared valid.

(2)  The beneficiaries of the Agreement are hereby acknowledged to have the rights, privileges and benefits granted to them by the said Agreement; the legislative and administrative measures provided for in the Agreement shall be adopted in accordance with its terms.

(3)  Pursuant to the Agreement, the Category I lands provided for in the said Agreement shall be set aside and shall be granted in accordance with the legislation to be adopted to that effect.

(4)  The capital of and interest on the bonds which Québec must issue under the Agreement, including interest on accrued interest, shall be paid out of the Consolidated Revenue Fund.

(5)  The basic compensation as well as all the amounts referred to in article 25.3 of the Agreements are exempt from taxation, on the terms and conditions provided in the said article.

(6)  The Government may make such regulations as are required for the application of the Agreement or any provision thereof. It may in particular, by regulation:

(a)  create the agencies provided for in the Agreement necessary for the implementation thereof;

(b)  determine their composition, functions, duties and powers, their methods of business management, their rules of internal management, their financing, and the procedure of appeal from their decisions;

(c)  determine the mode of appointment, qualifications, functions, duties and powers, term of office, remuneration and mode of dismissal of their members.

The regulations made under this subsection shall come into force on the day of their publication in the Gazette officielle du Québec or on any later date provided for in the said regulations.

(7)  Every Minister responsible for the implementation of any provision of the Agreement may, in accordance with the Act respecting the Ministère du Conseil exécutif (chapter M-30), conclude agreements with the Government of Canada or any other body to further the implementation of the said Agreement.

1976, c. 46, s. 2 (part); 1977, c. 15, s. 1; 1985, c. 30, s. 35.

DIVISION III COMPLEMENTARY AGREEMENTS

3. The Government, by order, may approve, give effect to and declare valid any complementary Agreement to which Québec is a party, designed to amend, rescind or replace the Agreement.

1976, c. 46, s. 3.

4. (1)  The order made in virtue of section 3 must be tabled in the National Assembly, if it is in session, within fifteen days of its adoption by the Government. If the order is adopted while the National Assembly is not in session, or, if it is in session, between the time of its adjournment and the time appointed for resumption of its sittings, if that is more than twenty days after the date of adjournment, the order must be tabled in the Assembly within fifteen days after the opening of the next session, or the resumption of its sittings, as the case may be.

(2)  The order shall come into force fifteen sitting days after being tabled as in subsection 1 unless a motion to annul it is presented in the National Assembly before the tenth day of sitting.

1976, c. 46, s. 4.

DIVISION IV CORRELATIVE AMENDMENT

5. The Legislature of Québec consents to the repeal of section 2 of the Act to extend the Boundaries of the Province of Québec (Statutes of Canada, 1912, 2 George V, chapter 45), and its replacement by the following:

“2. The limits of the province of Québec are hereby increased so that the boundaries thereof shall include, in addition to the present territory of the said province, the territory bounded and described as follows: Commencing at the point at the mouth of East Main river where it empties into James bay, the said point being the western termination of the northern boundary of the province of Québec as established by chapter 3 of the statutes of 1898 intituled An Act respecting the north-western, northern and north-eastern boundaries of the province of Québec; thence northerly and easterly along the shores of Hudson bay and Hudson strait; thence southerly, easterly and northerly along the shore of Ungava bay and the shore of the said strait; thence easterly along the shore of the said strait to the boundary of the territory over which the island of Newfoundland has lawful jurisdiction; thence southeasterly along the westerly boundary of the said last mentioned territory to the middle of Bay du Rigolet or Hamilton Inlet; thence westerly along the northern boundary of the province of Québec as established by the said Act to the place of commencement; and all the land embraced by the said description shall, from and after the commencement of this Act, be added to the province of Québec, and shall, from and after the said commencement, form and be part of the said province of Québec.”

1976, c. 46, s. 5.

DIVISION V FINAL PROVISIONS

6. In case of conflict or inconsistency, this Act shall prevail over any other Act applicable to the territory described in the Agreement to the extent necessary to resolve the conflict or inconsistency.

1976, c. 46, s. 7.

7. (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 (chapter R-3), chapter 46 of the statutes of 1976, in force on 31 December 1977, is repealed, except sections 2 (part), 6 and 8, effective from the coming into force of chapter C-67 of the Revised Statutes.