A-33.1 - Act respecting Cree, Inuit and Naskapi Native persons

Section 12.1 Disposition versions

2024-02-01

12.1. Despite the first paragraph of section 12, a Cree beneficiary is deemed to be domiciled in, and not absent from, the territory if the Cree beneficiary left, or was relocated outside, the territory for any of the following reasons and for as long as such a reason applies:

(a)  the Cree beneficiary receives health care not offered in the territory;

(b)  the Cree beneficiary receives educational services not offered in the territory; or

(c)  the Cree beneficiary works on behalf of an organization whose mandate is to promote the welfare of the Crees.

Every dependent beneficiary who accompanies a Cree beneficiary during that period is also deemed to be domiciled in, and not absent from, the territory.

Every Cree beneficiary who is either of the following persons is considered to be a dependent beneficiary:

(a)  the consort of a Cree beneficiary who is residing permanently with the Cree beneficiary; or

(b)  the child who is neither married nor in a civil union, whatever the child’s filiation and taking into account Cree customs, who is dependent on a Cree beneficiary for the greater part of the year and who

i.  is under 18 years of age,

ii.  is 18 years of age or over and is attending an educational institution on a full-time basis, or

iii.  is a handicapped person 18 years of age or over and is not receiving financial support or any other form of assistance in respect of his or her handicap.

For the purposes of this section, two persons of the opposite or of the same sex who, in accordance with applicable laws or Cree customs, are married or in a civil union or are de facto spouses are consorts.

2023, c. 10, s. 52.