O-2.1 - Act respecting the Cree Hunters Economic Security Board

Updated to 31 May 2024

This document has official status.

chapter O-2.1

Act respecting the Cree Hunters Economic Security Board

2002, c. 81; 2022, c. 1, s. 5.

1. In this Act, “Program” refers to the Economic Security Program for Cree Hunters provided for in Section 30 of the James Bay and Northern Québec Agreement appearing as Schedule A to Complementary Agreement No. 27 entered into between the Gouvernement du Québec and the Cree Nation Government, approved, given effect to and declared valid by Order in Council 936-2021 (2021, G.O. 2, 4337, French only).

2002, c. 81, s. 1; 2022, c. 1, s. 6.

2. The Cree Hunters Economic Security Board, a legal person constituted by chapter 16 of the statutes of 1979, is continued and shall be governed by this Act and the Program.

The Board carries on its activities under the name “Cree Hunters Economic Security Board”.

2002, c. 81, s. 2; 2022, c. 1, ss. 7 and 10.

3. It is the mission of the Board to administer the Program.

For that purpose, the Board shall exercise the powers and duties provided for by this Act and the Program; however, the powers referred to in paragraph 30.6.16, except those relating to overpayment or abuse, or in paragraph 30.9.6 of the Program shall be exercised subject to the conditions set out in section 10 or 11 of this Act, as the case may be.

2002, c. 81, s. 3; 2022, c. 1, s. 8.

4. The head office of the Board shall be in the territory of Ville de Québec; the Board may, however, move the head office to any other location in Québec with the authorization of the Government and the Cree Nation Government. Notice of any change of location of the head office shall be published in the Gazette officielle du Québec.

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

2002, c. 81, s. 4; 2013, c. 19, s. 91.

5. The Board is composed of six members.

The Cree Nation Government shall appoint three members by a resolution filed at the head office of the Board.

The Government shall appoint the three other members.

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

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

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

2002, c. 81, s. 5; 2013, c. 19, s. 91.

6. The Government and the Cree Nation Government shall designate, each year and alternately, a chair and a vice-chair from among the members of the Board.

The Minister shall publish a notice of the appointment of the chair and the vice-chair in the Gazette officielle du Québec within 30 days following their appointment.

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

2002, c. 81, s. 6; 2013, c. 19, s. 91.

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

2002, c. 81, s. 7.

8. The members of the personnel of the Board shall be appointed in accordance with the staffing plan established by by-law of the Board. Subject to the provisions of a collective agreement, the Board shall determine, by by-law, the pay scales and rates of the personnel in accordance with the conditions defined by the Government.

2002, c. 81, s. 8.

9. The members of the Board or other persons in its employ may not be prosecuted for official acts performed in good faith in the exercise of their functions.

2002, c. 81, s. 9.

10. Every government department or body is authorized to communicate to the Board any information the Board requires to verify eligibility under the Program and to calculate the amount of benefits.

The information must be communicated in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2002, c. 81, s. 10.

11. The Board may designate a person to investigate any matter relating to the application of the Program.

For the purposes of an investigation, the investigator shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment.

The investigator shall, on request, produce identification and a certificate of capacity, signed by the chair of the Board or a person authorized by the chair for that purpose.

2002, c. 81, s. 11.

12. No person may hinder an investigator in the exercise of his or her functions, mislead or attempt to mislead the investigator by misrepresentation or false statements, refuse to produce the documents required or omit or refuse, without good cause, to answer any question that may lawfully be asked.

Every person who contravenes a provision of this section is guilty of an offence and is liable to a fine of not less than $250 nor more than $1,000.

2002, c. 81, s. 12.

13. The Board shall furnish the Minister or the Cree Nation Government with any information they may require regarding the Board’s activities.

2002, c. 81, s. 13; 2013, c. 19, s. 91.

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

2002, c. 81, s. 14.

15. Not later than 31 January each year, the Board shall report to the Minister and the Cree Nation Government on its activities for the preceding fiscal year.

The report must also contain any information regarding the Program that may be required by the Minister or the Cree Nation Government.

The Minister shall table the report in the National Assembly within 30 days after receiving it or, if the Assembly is not sitting, within 30 days after resumption.

2002, c. 81, s. 15; 2013, c. 19, s. 91.

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

2002, c. 81, s. 16.

17. The benefits paid under the Program are unseizable in the same manner as income under article 698 of the Code of Civil Procedure (chapter C‐25.01).

The provisions of the first paragraph shall not prevent the application of any other Act as regards the unseizability of benefits.

2002, c. 81, s. 17; I.N. 2016-01-01 (NCCP).

18. Every person who believes himself or herself aggrieved by a decision rendered by the Board under paragraph 30.7.5 of the Program may, within 60 days of notification, contest the decision before the Administrative Tribunal of Québec.

2002, c. 81, s. 18; 2022, c. 1, s. 9.

19. (Amendment integrated into c. J-3, Schedule I).

2002, c. 81, s. 19.

20. (Omitted).

2002, c. 81, s. 20.

21. The regulations made pursuant to the Act respecting income security for Cree hunters and trappers who are beneficiaries under the Agreement concerning James Bay and Northern Québec (chapter S‐3.2) continue to apply until they are replaced or repealed.

2002, c. 81, s. 21.

22. In any text or document, a reference to the Act respecting income security for Cree hunters and trappers who are beneficiaries under the Agreement concerning James Bay and Northern Québec (chapter S-3.2) or one of its provisions is, unless the context indicates otherwise, a reference to this Act or to the corresponding provision of this Act or the Program.

For the purposes of subparagraph 14 of section 44 of the Regulation respecting legal aid (chapter A-14, r. 2), the words “programs established by” in that section mean the Program to which this Act applies.

2002, c. 81, s. 22.

22.1. Unless the context indicates otherwise or this Act provides otherwise, in any Act, regulation or other document,

(1)  a reference to the Income Security Program for Cree Hunters and Trappers is a reference to the Economic Security Program for Cree Hunters;

(2)  a reference to the Cree Hunters and Trappers Income Security Board is a reference to the Cree Hunters Economic Security Board; and

(3)  a reference to the Act respecting the Cree Hunters and Trappers Income Security Board (chapter O-2.1) is a reference to the Act respecting the Cree Hunters Economic Security Board.

2022, c. 1, s. 10.

23. The Minister of Social Solidarity is responsible for the administration of this Act.

2002, c. 81, s. 23.

The Minister responsible for Social Solidarity and Community Action exercises the functions and responsibilities of the Minister of Social Solidarity provided for in this Act. Order in Council 1658-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.

24. The members of the Cree Hunters Economic Security Board in office on 19 December 2002 are deemed to have been appointed in accordance with the provisions of sections 5 and 6 of this Act.

2002, c. 81, s. 24; 2022, c. 1, s. 10.

25. The provisions of this Act apply subject to the conditions set out in sections 2 and 6 of Complementary Agreement No. 27 referred to in section 1 of this Act.

2002, c. 81, s. 25; 2022, c. 1, s. 11.

26. (Omitted).

2002, c. 81, s. 26.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 81 of the statutes of 2002, in force on 1 April 2003, is repealed, except section 26, effective from the coming into force of chapter O-2.1 of the Revised Statutes.