Layman Version of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada

Prepared by the Cree-Naskapi Commission

August, 2018

Layman Version of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada

Introduction

Part 2 of Chapter 3 of the Agreement Concerning a New Relationship between the Government of Canada and the Crees of Eeyou Istchee provides for a process for negotiations leading to an agreement concerning Cree Nation Governance.

On July 18, 2017, representatives of the Government of Canada and the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government signed the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada.

On March 29, 2018, Bill C-70 – An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts was given royal assent. Consequentially, the said Cree Nation Governance Agreement and the Cree Constitution are given effect and have the force of law.

PREAMBLE - Background

The Preamble of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada sets forth the background of the said Agreement as follows:

1. Canada is obligated, pursuant to Section 9 of the James Bay and Northern Québec Agreement, to recommend to Parliament special legislation concerning local government for the Crees on Category IA Land allocated to them.

2. Until the coming into force of the Agreement on Cree Nation Governance, the Cree-Naskapi (of Quebec) Act was such special legislation adopted by the Parliament of Canada referred to in Section 9 of the James Bay and Northern Québec Agreement providing for an orderly and efficient system of Cree local government, for the administration, management and control of Category IA Land by the Cree bands, and for the protection of certain individual and collective rights under the James Bay and Northern Québec Agreement.

3. On February 21, 2008, the Government of Canada, the Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority, now designated as the Cree Nation Government, entered into the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee.

4. Pursuant to Part 1 of Chapter 3 of the New Relationship Agreement, the Cree-Naskapi (of Quebec) Act was amended in order, among other things, to empower the Cree Nation Government to act as a regional government authority on Category IA Land.

5. Part 2 of Chapter 3 of the New Relationship Agreement sets out a process for negotiations leading to an agreement concerning Cree Nation governance.

6. Canada and the Crees of Eeyou Istchee consider it appropriate to address, in such agreement, arrangements concerning Cree local and regional government on Category IA Land, as well as certain provisions of the James Bay and Northern Québec Agreement relating to the land regime governing Category IA Land.

7. Therefore, Canada and the Crees of Eeyou Istchee enter into a nation-to-nation agreement which will provide for the modernization of the governance regime on Category IA Land contemplated, at the local level, in Section 9 of the James Bay and Northern Québec Agreement and previously provided for in legislative form in the Cree-Naskapi (of Quebec) Act.

8. This Agreement is not intended to preclude the Crees from benefitting from future legislative or other measures respecting Indian government in Canada that are not incompatible with the James Bay and Northern Québec Agreement and this Agreement.

PART I – GENERAL

CHAPTER 1 – INTERPRETATIONS

Chapter I provides for the interpretation of certain words and phrases for the purposes of the Agreement.

The term “effective date” means the date upon which the Agreement takes effect in accordance with Chapter 31 and Chapter 33.

CHAPTER 2 – PRINCIPAL PROVISIONS

This Agreement sets out Cree local and regional government arrangements on Category IA Land.

The Cree Nation acts through the Cree First Nations and the Cree Nation Government in exercising the Jurisdictions, Authorities, rights, powers and privileges, and in carrying out the duties, functions and obligations, provided for in this Agreement.

The Jurisdictions, Authorities, rights, powers and privileges set out in this Agreement shall be exercised in accordance with the JBNQA, this Agreement, the Cree Constitution and Cree Laws.

The JBNQA shall prevail over this Agreement to the extent of any inconsistency or conflict.

In the absence of express provision in this Agreement to the contrary, this Agreement shall not amend, affect, modify, limit or prejudice or be interpreted so as to amend, affect, modify, limit or prejudice the

JBNQA, the New Relationship Agreement and the Eeyou Marine Region Agreement.

This Agreement does not affect any right, privilege or benefit of the Inuit and Naskapi set out in the JBNQA and the Northeastern Quebec Agreement.

This Agreement does not alter the Constitution of Canada.

This Agreement and the Cree Constitution has the force of law.

Upon its coming into force, the Governance Legislation shall be deemed to be the special legislation referred to in Section 9 of the JBNQA and shall, in conjunction with this Agreement and the Cree
Constitution, replace the Cree-Naskapi (of Quebec) Act with respect to the Crees, Cree First Nations, Cree Nation Government and Category IA Land.

Except for the purpose of determining which of the Cree Beneficiaries are “Indians” within the meaning of the Indian Act, the Indian Act does not apply to the Cree First Nations, nor does it apply on or in respect of Category IA Land.

PART II – CREE CONSTITUTION, LAWS AND COURTS

CHAPTER 3 – CREE CONSTITUTION

The Cree Nation shall develop a Cree Constitution which shall provide for the following matters:

(a) in respect of the Cree First Nations:

i. structures and procedures;

ii. leadership selection; and

iii. financial management and accountability to their members;

(b) in respect of the Cree First Nations and the Cree Nation Government in relation to the exercise of their respective Jurisdictions and Authorities set out in this Agreement:

(d) any other matters that the Cree Nation considers essential or appropriate.

The provisions of the JBNQA, this Agreement and the Act respecting the Cree Nation Government shall prevail over the provisions of the Cree Constitution to the extent of any inconsistency or conflict.

CHAPTER 4 – LAWS AND COURTS

A. RULES OF PRIORITY

This Agreement shall prevail over the Governance Legislation to the extent of any inconsistency or conflict.

With the exception of the James Bay and Northern Quebec Native Claims Settlement Act, the Governance Legislation shall prevail over any other Federal Law to the extent of any inconsistency or conflict.

Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Agreement or a Cree Law or to the extent that they make provision for a matter that is provided for by this Agreement.

Notwithstanding any other rule of priority in this Agreement, Federal Law under circumstances described in this Agreement shall prevail to the extent of any inconsistency or conflict with a Cree Law

Cree Laws shall be subject to and consistent with this Agreement and the Cree Constitution. A Cree Law that is inconsistent or in conflict with the provisions of this Agreement or the Cree Constitution is of no force or effect to the extent of the inconsistency or conflict.

B. TERRITORIAL LIMITS OF LAW

Unless otherwise specified in this Agreement, a Cree First Nation Law may have application within the following territorial limits:

(a) the Category IA Land of that Cree First Nation; and

(b) the Category III Land situated within the perimeter of the Category IA Land of that Cree First Nation.

Unless otherwise specified in this Agreement, a Cree Nation Government Law may have application within the following territorial limits:

(a) Category IA Land; and

(b) Category III Land situated within the perimeter of Category IA Land.

C. ENFORCEMENT OF CREE LAWS

Each Cree First Nation and the Cree Nation Government are responsible for the enforcement of its respective Cree Laws without affecting the jurisdiction of the Eeyou-Eenou Police Force.

For the purposes of this Agreement, the Eeyou-Eenou Police Force shall have jurisdiction within the territorial limits of the Cree First Nations and the Cree Nation Government for the purpose of enforcing Cree Laws or any law of Canada or Québec that is applicable within that territory.

Each Cree First Nation and the Cree Nation Government may make laws to provide for:

(a) the appointment of officials to enforce their respective Cree Laws not enforced by the Eeyou-Eenou Police Force; and

(b) powers of enforcement, but such powers shall not exceed those provided by any law of Canada or Quebec for enforcing similar laws.

If a Cree First Nation or the Cree Nation Government appoints officials to enforce its Cree Laws, that Cree First Nation or Cree Nation Government shall:

(a) ensure that enforcement officials appointed by that Cree First Nation or the Cree Nation Government are adequately trained to carry out their duties; and

(b) establish and implement procedures for responding to complaints against its enforcement officials.

Each Cree First Nation and the Cree Nation Government may, by a proceeding brought in the Superior Court of Québec, enforce, prevent or restrain the contravention of its respective Cree Laws.

Each Cree First Nation and the Cree Nation Government is responsible for the prosecution of all matters arising from its respective Cree Laws.

D. ADJUDICATION OF CREE LAWS

In any proceedings, evidence of a Cree Law may be given by the filing in the court record of a copy of the law certified to be a true copy by an individual authorized by the concerned Cree First Nation or the Cree Nation Government, as the case may be, without proof of that individual’s signature or official character.

The Agreement sets out the process whereby a member of a Cree First Nation or any other interested person may make application to the Court of Québec or Superior Court of Québec to have a law or resolution of the Cree First Nation or a law of the Cree Nation Government quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption.

Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear said applications.

E. OFFENCES

Every person who contravenes a Cree Law is guilty of an offence and is liable on summary conviction to the punishment set out in the Cree Law.

The Agreement sets out the provisions for punishment of a contravention of a Cree Law.

Cree Law may provide for a summary process such as a ticketing scheme or the use of statements of offence for the prosecution of offences under that law and for related matters of procedure.

The implementation of this summary process shall be subject to the conclusion of an agreement between the Cree Nation Government and Québec.

F. ADMINISTRATION OF JUSTICE

The Court of Québec has jurisdiction to hear prosecutions of offences under a Cree Law.

In addition, justices of the peace appointed pursuant to paragraph 18.0.9 of the JBNQA have jurisdiction in respect of offences under a Cree Law and offences under the certain provisions of the Criminal Code respecting vagrancy, common assault, breaking and entering, injuring or endangering animals and cruelty to animals.

G. COMPULSORY NOTICE

Unless a Cree First Nation has previously received a notice in accordance with this section of the Agreement, no provision of its laws may be declared inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms.

Unless the Cree Nation Government has previously received a notice in accordance with this section of the Agreement, no provision of the JBNQA, of this Agreement or of its laws may be declared inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms.

H. OTHER MATTERS

Unless otherwise provided in this Agreement, Cree Laws shall not apply to Canada or Québec.

Each Cree First Nation and the Cree Nation Government may adopt by reference a Federal Law or a provincial law in respect of matters within their respective Jurisdiction.

The Jurisdiction of a Cree First Nation and of the Cree Nation Government, as set out in this Agreement, shall not include Jurisdiction in respect of criminal law, criminal procedure, Intellectual Property, the official languages of Canada, aeronautics, navigation and shipping, or labour relations and working conditions.

For greater certainty, the Jurisdiction of the Cree First Nations and the Cree Nation Government in respect of a subject matter described in this Agreement includes the Jurisdiction to make, amend and repeal laws, including provisions for their administration, and the power to do such other things as may be necessarily incidental to exercising their respective Jurisdiction.

A Cree First Nation Law, as well as a Cree Nation Government Law made under this Agreement may require the holding of a licence or permit and may provide for the issuance and fees thereof.

A Cree Law may prohibit an activity.

Each Cree First Nation and the Cree Nation Government shall establish a mechanism to ensure that individuals who are not Crees and who reside on Category IA Land have input into decisions of the concerned Cree First Nation and the Cree Nation Government that directly and significantly affect their rights and interests.

Each Cree First Nation and the Cree Nation Government shall ensure that such individuals have access to the internal appeal and redress mechanisms established in respect of the decisions that directly and significantly affect their rights and interests.

PART III – CREE FIRST NATIONS

CHAPTER 5 – GENERAL

A. CONTINUATION OF CREE FIRST NATIONS

On the effective date, the Cree bands constituted as corporations pursuant to the Cree-Naskapi (of Quebec) Act are hereby separately continued as Cree First Nations and as the same legal entities. These Cree First Nations may be legally designated by any of their Cree, English or French names, as follows:

(a) Whapmagoostui Aeyouch, Whapmagoostui First Nation, Première Nation de Whapmagoostui;

(b) Chisasibi Eeyouch, Cree Nation of Chisasibi, Nation Crie de Chisasibi;

(d) Wapanoutauw Eeyou, Cree Nation of Eastmain, Nation Crie d’Eastmain;

(e) Waaskaahiikanish Iiyiyuuch Niishtam e Itaskaanesitwaau, The Crees of the Waskaganish First Nation, Les Cris de la Première Nation de Waskaganish;

(f) Nemaskauw Iinuuch, Cree Nation of Nemaska, Nation Crie de Nemaska;

(g) Waswanipi Eenouch, Cree First Nation of Waswanipi, Première nation crie de Waswanipi;

(h) Mistissini Iinuuch, Cree Nation of Mistissini, Nation Crie de Mistissini; and

(i) Ouje-Bougoumou Eenuch, Ouje-Bougoumou Cree Nation, Nation crie de Ouje-Bougoumou.

A Cree First Nation may adopt a law to change its English, French or Cree name

B. MEMBERSHIP OF CREE FIRST NATIONS

The members of each of the Cree First Nations are the Cree Beneficiaries who are enrolled or entitled to be enrolled on the community list in respect of that Cree First Nation pursuant to Section 3 of the JBNQA.

A person, not being a Cree Beneficiary who immediately before July 3, 1984 was a member of one of the Indian Act Cree bands mentioned in subsection 12(1) of the Cree-Naskapi (of Quebec) Act, or who immediately before the coming into force of section 12.1 of the Cree-Naskapi (of Quebec) Act was an Indian, as defined in subsection 2(1) of the Indian Act, who belonged to the collectivity known as the Crees of Oujé- Bougoumou shall, subject to the Cree Constitution, be deemed to be a member of that band’s successor Cree First Nation mentioned herein or of the Ouje-Bougoumou Cree Nation, as the case may be, for the purposes described subsection 5.4 (c) of the Agreement.

If the said person, not being a Cree beneficiary, is 18 years of age or over and not declared mentally incompetent under the laws of Québec, the person shall be deemed an elector of the successor Cree First Nation or of the Ouje-Bougoumou Cree Nation for the purposes of entitlement to vote in respect of any matter submitted to a vote at an ordinary meeting, special meeting or referendum of that Cree First Nation, except where the matter submitted to a vote is a matter referred to in Chapter 10, Chapter 11, Chapter 12 or Chapter 13 of the Agreement.

An Inuk of Chisasibi shall, subject to the Cree Constitution, be deemed to be a member of the Cree Nation of Chisasibi for the purposes described in subsection 5.5 (a) of the Agreement.

An Inuk of Chisasibi shall be deemed to be a resident of the Category IA Land of the Cree Nation of Chisasibi for certain purposes.

An Inuk of Chisasibi, if eighteen years of age or over and not declared mentally incompetent under the laws of Québec, shall be deemed to be an elector of the Cree Nation of Chisasibi for the purposes described in subsection 5.5 (c) of the Agreement.

C. OBJECTS AND POWERS OF CREE FIRST NATIONS

The objects of a Cree First Nation are:

(a) to act as the local government authority on its Category IA Land;

(b) to use, manage, administer and regulate its Category IA Land and the natural resources thereof;

(d) to regulate the use of buildings on its Category IA Land;

(e) to use, manage and administer its moneys and other assets;

(f) to promote the general welfare of the members of the Cree First Nation;

(g) to promote and carry out community development and charitable works in the community;

(h) to establish and administer services, programs and projects for members of the Cree First Nation, other residents of Category IA Land and residents of the Category III Lands;

(i) to promote and preserve the culture, values and traditions of the Crees; and

(j) to exercise the powers and carry out the duties conferred or imposed on the Cree First Nation or on its predecessor Indian Act Cree band by any Act of Parliament or regulations made thereunder, the JBNQA and this Agreement.

A Cree First Nation shall have, subject to this Agreement, the capacity, rights, powers and privileges of a natural person.

A Cree First Nation shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to

(a) the management or administration of its Category IA Land or the natural resources thereof, or its buildings or other immovable assets on its Category IA Land; or

(b) the provision of public services to or in respect of its Category IA Land or residents thereof.

However, a Cree First Nation may own shares in corporations that carry on commercial activities.

D. COUNCIL

The council of a Cree First Nation is a continuing body consisting of the council members holding office pursuant to a law of that Cree First Nation Law referred and to the Cree Constitution.

A Cree First Nation shall act through its council in exercising its Jurisdictions, Authorities, rights, powers and privileges and in carrying out its duties, functions and obligations.

A council shall act by resolution, except where required to act by law.

CHAPTER 6 – LAWS RESPECTING LOCAL GOVERNMENT

In exercising a Jurisdiction set out in this Agreement, a Cree First Nation shall comply with the provisions of this Agreement and the Cree Constitution.

Subject to this section, a Cree First Nation shall have the Jurisdiction to make laws of a local nature for the good government of its Category IA Land and of the inhabitants of such land, and for the general welfare of the members of the Cree First Nation, and, without limiting the generality of the foregoing, shall have the Jurisdiction to make laws respecting:

(a) the administration of the affairs and internal management of the Cree First Nation, including, for greater certainty, the matters described in subsection 6.2 (a) of the Agreement and as provided for in greater detail in the Cree Constitution;

(b) the election and term of office of council members, as provided for in greater detail in the Cree Constitution;

(d) access to information;

(e) the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings;

(f) health and hygiene;

(g) public order and safety;

(h) the protection of the environment, including natural resources;

(i) the prevention of pollution;

(j) the definition of nuisances and the control and prohibition of nuisances;

(k) the taxation for local purposes, otherwise than by means of an income tax, of interests in its Category IA Land, except those of Canada and Québec, and of occupants and tenants of its Category IA Land, except Canada and Québec;

(l) the establishment, maintenance and operation of local services, including services relating to water, sewers, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, transportation, communication or snow removal, and respecting user charges for any such service;

(m) roads, traffic and transportation;

(n) the operation of businesses and the carrying on of trades;

(o) parks and recreation;

(p) land and resource use planning;

(q) zoning;

(r) hunting, fishing and trapping and the protection of wildlife;

A Cree First Nation Law respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service.

In the absence of a negotiated tax coordination agreement with Canada and, if applicable, Québec, the Jurisdiction referred to in above paragraph (k) shall be exercised only with respect to Crees.

A Cree First Nation may accept payment of a tax referred to in above paragraph (k) or a user charge in a form other than money.

A copy of each Cree First Nation Law described in paragraph (r) that a Cree First Nation proposes to make shall, a reasonable period of time before its enactment, be submitted by the Cree First Nation to the Coordinating Committee referred to in Section 24 of the JBNQA in order to enable that Committee to make representations to the Cree First Nation with respect thereto, but the Cree First Nation is not bound by any such representations.

PART IV – CREE NATION GOVERNMENT ON CATEGORY IA LAND

CHAPTER 7 – OBJECTS OF CREE NATION GOVERNMENT ON CATEGORY IA LAND

The objects of the Cree Nation Government regarding Category IA Land are:

a) to act as a regional government authority on Category IA Land;

b) to exercise Jurisdiction in respect of the matters described in this Agreement;

c) to use, manage and administer moneys and other assets;

d) to promote the general welfare of the members of the Cree First Nations;

e) to promote and preserve the culture, values and traditions of the members of the Cree First Nations.

For greater certainty, the Cree Nation Government may assume any federal responsibilities agreed on by the Cree Nation Government and the Government of Canada that are set out in the JBNQA or any other agreement or in any federal Act or that are in relation to any program of the Government of Canada.

CHAPTER 8 – LAWS RESPECTING REGIONAL GOVERNMENT

In exercising the Jurisdiction set out in this Agreement, the Cree Nation Government shall comply with the applicable provisions of the Act respecting the Cree Nation Government and with the procedures set out in the Cree Constitution.

A. SOLEMNIZATION OF MARRIAGE

The Cree Nation Government may make laws on the following aspects of marriage:

a) the recognition of solemnization of marriage by traditional practices and codification of Cree forms of traditional marriage;

b) the designation of individuals who can solemnize marriages.

B. MATRIMONIAL PROPERTY

Subject to subsections 8.4 and 8.5 of the Agreement, the Cree Nation Government may make laws that apply:

a) during a conjugal relationship,

b) when a conjugal relationship breaks down, or

c) on the death of a spouse or common law partner; and

d) respecting certain aspects of matrimonial immovable property situated on Category IA Land.

C. CREE LANGUAGE, CULTURE AND HERITAGE

The Cree Nation Government may make laws to protect and promote the Cree language, culture, heritage sites, place names, artefacts, and archaeological and burial sites.

Section 16 of the JBNQA and the Education Act for Cree, Inuit and Naskapi Native Persons shall prevail over a Cree Nation Government Law made under this section to the extent of any inconsistency or conflict.

D. IMPLEMENTATION AGREEMNTS WITH QUEBEC

The exercise by the Cree Nation Government of a Jurisdiction referred to in sections 8.2, 8.3 and 8.6 shall be subject to the conclusion of agreements between the Cree Nation Government and Québec regarding suitable implementation measures.

E. PUBLIC HEALTH AND SAFETY

The Cree Nation Government may make laws to regulate, for the protection of public health and safety, buildings used for housing or for regional governance, including their construction, maintenance, repair and demolition.

F. ESSEMTIAL SANITATION SERVICES

The Cree Nation Government may make laws to regulate essential sanitation services, including water and sewer services, drainage and solid waste management, and health and hygiene in relation to those services and housing.

G. FIRE DEPARTMENTS

The Cree Nation Government may make laws to regulate the establishment, maintenance and operation of fire departments.

H. ENVIRONMENT

The Cree Nation Government may make laws for the protection of the environment, including natural resources, and the prevention of pollution.

I. STANDARDS

The standards established in a Cree Nation Government Law in respect of public health and safety, essential sanitation services, fire departments and environment shall be at least equivalent in their effect to any standards established by Federal Laws or provincial laws of general application in respect of the matter.

A Cree Nation Government Law in respect of said matters shall prevail over a Cree First Nation Law to the extent of any inconsistency or conflict.

However, the provisions of a Cree First Nation Law that establish standards more stringent in their effect than those established in a Cree Nation Government Law shall prevail to the extent of any inconsistency or conflict.

J. TAXATION

The Cree Nation Government may make laws respecting Direct taxation of Crees within its territorial limits of jurisdiction in order to raise revenue for the Cree Nation Government’s purposes.

In the absence of a negotiated tax coordination agreement with Canada and, if applicable, Québec, the Jurisdiction referred to this section shall be exercised in accordance with principles and parameters determined by the Cree Nation Government.

PART V – LAND REGIME

CHAPTER 9 – RESIDENCE AND ACCESS RIGHTS

A. GENERAL

No person may reside on, enter or remain on Category IA Land otherwise than in accordance with a residence or access right under this Chapter 9.

The exercise of residence or access rights conferred under this Chapter is subject to any law made by a Cree First Nation for the purpose of regulating, on its Category IA Land, the exercise of residence or access rights.

B. RESIDENCE RIGHTS

The following persons have the right to reside on the Category IA Land of a Cree First Nation:

(a) a member of that Cree First Nation;

(b) the member’s consort; and

In addition, the following persons may reside on the Category IA Land of a Cree First Nation:

(a) a person so authorized in writing by that Cree First Nation or by a law of that Cree First Nation;

(b) a person so authorized by virtue of a grant from that Cree First Nation;

(d) a person engaged in administrative or public duties approved by that Cree First Nation or scientific studies approved by that Cree First Nation.

(3) A Cree First Nation may prohibit a person described in paragraph (2)(d) from residing on its Category IA Land where the number of such persons would be such as to significantly alter the demographic composition of the community.

A person who is not a Cree Beneficiary and who was, immediately before November 11, 1975, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA Land and continued to reside on or occupy that land by virtue of that right may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

A person, not being a Cree Beneficiary, who immediately before the coming into force of the Oujé-Bougoumou Band Complementary Agreement was residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA Land of the Oujé-Bougoumou Band by virtue of that Agreement, and who continued to reside on or occupy that land by virtue of that right on the coming into force of subsection 104(1.1) of the Cree-Naskapi (of Québec) Act, may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

C. ACCESS RIGHTS

The following persons have a right of access to any Category IA Land:

(a) any Cree Beneficiary;

(b) that Beneficiary’s consort; and

A person who, immediately before the coming into force of Part V of the Cree-Naskapi (of Quebec) Act was a member of one of the Indian Act Cree bands, but was not a Cree Beneficiary, has a right of access to the Category IA Land of the Cree First Nation of which he is deemed to be a member.

A person who, immediately before the coming into force of subsection 105(2.1) of the Cree-Naskapi (of Québec) Act, was an Indian, as defined in the Indian Act, who belonged to the Crees of Oujé-Bougoumou but was not a Cree Beneficiary has a right of access to the Category IA Land of the Ouje-Bougoumou Cree Nation.

The Inuit of Chisasibi have a right of access to the Category IA Land of the Cree Nation of Chisasibi.

In addition, the following persons are permitted access to Category IA Land of a Cree First Nation to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question:

(a) a person who is authorized by a government body or any other public body to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon;

(b) a holder of a right or interest in Category IA Land or in a building situated thereon granted under Part VIII of the Cree-Naskapi (of Québec) Act;

(c) a person who has an authorization for commercial exploitation of forest resources referred to in subsection 111(2) of the Cree-Naskapi (of Québec) Act;

(d) a holder of a mining right or other subsurface right referred to in section 114 or 115 of the Cree-Naskapi (of Québec) Act; and

(e) a person authorized in writing by the Cree First Nation or by a law of the Cree First Nation.

Any member of the public is permitted access to the public facilities and installations mentioned in section 63 of An Act respecting the Land Regime in the James Bay and New Quebec Territories, where all or any part of such a facility or installation is located on Category IA Land.

D. OFFENCE

A Cree First Nation may make laws to provide that every person who

(a) unlawfully interferes with a person’s residence or access right under this Chapter 9, or

(b) resides on, enters or remains on Category IA Land otherwise than in accordance with a residence or access right under this Chapter 9 is guilty of an offence and is liable on summary conviction to the punishment set out in such laws.

CHAPTER 10 – RIGHTS OF CREE FIRST NATIONS, QUEBEC AND OTHERS IN RELATION TO CATEGORY IA LAND

A. BARE OWNERSHIP

Québec retains the bare ownership of Category IA Land.

Subject to this Agreement, a Cree First Nation has the exclusive use and benefit of its Category IA Land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof.

B. SOAPSTONE DEPOSITS

All deposits of soapstone and any other similar material used for traditional arts and crafts of the Crees on Category IA Land of a Cree First Nation are the property of the Cree First Nation.

C. FOREST RESOURCES

A Cree First Nation has the exclusive right to the commercial exploitation of forest resources on its Category IA Land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the Cree First Nation, unless it obtains from Quebec, cutting rights or a licence to cut timber, as required by provincial law.

An authorization from a Cree First Nation to a person for commercial exploitation of forest resources on the Cree First Nation’s Category IA Land must be approved in accordance with the Cree Constitution.

Subject to any law of the Cree First Nation respecting the use of forest resources, a member of a Cree First Nation may use forest resources on the Category IA Land of his Cree First Nation for personal or community purposes.

D. GRAVEL

A Cree First Nation, where it has obtained a permit from Québec, may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks.

E. MINERAL, SUBSURFACE AND MINING RIGHTS

Subject to this Agreement, Québec retains the ownership of all mineral rights and subsurface rights on Category IA Land.

Subject to the pre-existing mining rights of third parties described in subparagraph 10.5 of the Agreement , no mineral right or subsurface right on Category IA Land of a Cree First Nation may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the Cree First Nation and payment to the Cree First Nation of compensation agreed to by the Cree First Nation.

The following matters require approval in accordance with the Cree Constitution:

(a) the giving by the Cree First Nation of the consent;

(b) a grant by the Cree First Nation of a right or interest in its Category IA Land in connection with the giving of the consent; and

Where Category IA Land is used for mining purposes, compensation shall be paid to the Cree First Nation in question

(a) in the form of an equal area of land, where the Category IA Land is used for a purpose other than exploration; or

(b) where the Category IA Land is used for the purpose of exploration, in an amount equivalent to that paid to Québec for the use of its land in similar cases.

F. PRE-EXISTING RIGHTS AND INTERESTS ON CATEGORY IA LAND

A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before July 3, 1984, granted in writing by Québec before November 11, 1975 on land that subsequently became Category IA Land pursuant to the JBNQA may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III Land, until the end of the term fixed in it, or, where the term is renewed on or after November 11, 1975, until the end of the renewal period.

A holder of any lease, occupation permit or other grant or authorization the term of which had not expired on or before the coming into force of subsection 117(1.1) of the Cree-Naskapi (of Quebec) Act, granted in writing by Québec - before the coming into force of the Oujé-Bougoumou Band Complementary Agreement - on land that became Category IA Land of the Oujé-Bougoumou Band by virtue of that Agreement, may continue to exercise the holder’s rights under that lease, permit, grant or authorization, as if the land were Category III Land, until the end of the term fixed in it, or, where the term is renewed on or after the day on which that Agreement came into force, until the end of the renewal period.

CHAPTER 11 - EXPROPRIATION BY QUEBEC

In this Chapter 11, “expropriating authority” means Québec; or any public body having the power of expropriation under the laws of Québec.

An expropriating authority may not expropriate any Category IA Land or any interest therein except as provided by this Chapter 11.

The Expropriation Act applies to expropriations under this Chapter 11, except to the extent that it is inconsistent with or in conflict with this Agreement, in which case this Agreement prevails to the extent of the inconsistency or conflict.

Subject to this Chapter 11, an expropriating authority may expropriate in full ownership any Category IA Land or any building thereon, or may expropriate a servitude over any Category IA Land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

(a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities;

(b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services;

(d) gas or oil pipelines, and energy transmission lines; and

(e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of Québec.

An expropriating authority may expropriate for a purpose mentioned in paragraph (d) only if the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on Category III Land, or Category II Land, and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA Land; and the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA Land, and at least eight kilometres from such centre.

An expropriating authority may expropriate only servitudes and in exceptional circumstances may expropriate the land in full ownership.

Except where the expropriation is for a purpose and service that is of direct benefit to the members of a Cree First Nation, a Cree First Nation is entitled to compensation from the expropriating authority in accordance with this section.

A Cree First Nation is entitled to be compensated with an equal area of land where the expropriation is for a purpose mentioned in this section.

A Cree First Nation is entitled to be compensated in money in respect of an expropriation of a servitude for a purpose mentioned in this section and the amount of compensation must be approved in accordance with the Cree Constitution.

A Cree First Nation is entitled to be compensated with an equal area of land or in money, or partly with land and partly in money, at the Cree First Nation’s option, in respect of land expropriated in full ownership for a purpose mentioned in this section, and the type and amount of compensation must be approved in accordance with the Cree Constitution.

An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the Cree First Nation as a community or to a significant portion of the Cree First Nation’s Category IA Land.

Where a Cree First Nation and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the Cree First Nation as a community or to a significant portion of the Cree First Nation’s Category IA Land, or disagree as to whether a service or structure is one described in this section, the issue shall be determined by the Tribunal administratif du Québec, unless the parties have agreed to submit the matter to final and binding arbitration.

Where a Cree First Nation is entitled to be compensated with land or elects to be compensated wholly or partly with land, the rules under 11.8 of the Agreement apply.

Where a Cree First Nation has been compensated with replacement land, or no compensation was paid to the Cree First Nation, and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Québec shall forthwith, if requested by the Cree First Nation by resolution approved in accordance with the Cree Constitution, take the necessary measures to reclassify the expropriated land as Category IA Land, as the case may be, and, in the situation where a Cree Nation has been compensated with replacement land, shall take the necessary measures to return the replacement land to its former classification.

Where compensation is payable wholly or partly in money, and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Tribunal administratif du Québec du Québec in accordance with the Expropriation Act, unless the parties submit the matter to final and binding arbitration.

In any expropriation under this Chapter 11, the establishment of the service or structure or the commencement of construction related thereto may proceed after sixty days from service of the expropriation notice (where the Cree First Nation has not contested the right to expropriate) or from the final judgment on the right to expropriate (where the Cree First Nation has contested that right), even if negotiations concerning compensation have not been concluded.

Where Category IA Land has been expropriated in full ownership under this Chapter 11, the expropriated land ceases to be Category IA Land in the cases described in paragraph 11.12 of the Agreement.

CHAPTER 12 – DISPOSITIONS OF RIGHTS AND INTERESTS IN CATEGORY IA LAND AND BUILDINGS

In this Chapter 12, “lease” does not include an emphyteutic lease and “transfer” means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession.

For the purposes of this Chapter 12, where a corporation holds a right or interest in Category IA Land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred.

In construing the nature and extent of the rights and interests, reference shall be had to the Civil Code of Quebec and the Civil Code of Lower Canada to the extent that they are not inconsistent with this Agreement or with the provisions of the grant of that right or interest.

Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA Land.

A Cree First Nation may, subject to this Chapter 12, grant

(a) with respect to its Category IA Land, a lease, usufruct, servitude, superficie or other right of use or occupation; and

(b) with respect to its buildings on its Category IA Land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the Cree First Nation provided for in the Governance Legislation, a hypothec or other charge.

The term of a grant made under paragraph (a) may not exceed seventy-five years.

A grant for a term of ten years or more made under paragraph (a) for non-residential purposes has no effect unless approved in accordance with the Cree Constitution.

Any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant.

A grant made or authorization given under this Chapter 12 has no effect unless it is made in writing by the Cree First Nation and accepted in writing by the person to whom it is given.

A grant made or authorization given under this Chapter 12 may contain any terms and conditions not inconsistent with this Agreement.

Unless otherwise provided in writing in a grant made under this Chapter 12,

(a) the term of a grant for non-residential purposes shall be deemed to be one year, except in the case of a grant of ownership or co-ownership of a building;

(b) the term of a grant for residential purposes made to an individual shall be deemed to be fifty years, except in the case of a grant of ownership or co-ownership of a building;

(c) the Cree First Nation may terminate the right or interest granted after non-use by the grantee of the right or interest for a continuous period of five years;

(d) the right or interest granted includes such ancillary rights as are necessary for the reasonable exercise of the right or interest granted; and

(e) the right or interest granted does not include:

i. the right of accession,

ii. the right to renew the term of the grant,

iii. the right to reside,

iv. in the case of a right or interest in a building originally granted by the Cree First Nation for non-residential purposes, the right to subsequently transfer that right or interest or any part thereof to another person, and

v. in the case of a right or interest in land,

(a) the right to subsequently transfer the right or interest or any part thereof to another person, and

(b) the right to construct or own a building on the land or otherwise have a building located on the land, except in the case of a grant of superficie.

A grant by a Cree First Nation relating to its Category IA Land does not permit the grantee to use that land for a commercial fishery or outfitting operation unless explicit permission for such use is included in the terms of the grant or is subsequently given by the Cree First Nation.

Permission to use Category IA Land for a commercial fishery or outfitting operation, whether included in the terms of the grant or subsequently given by the Cree First Nation, shall be approved in accordance with the Cree Constitution.

For the purposes of this Chapter 12, a right of superficie is a right in land that entitles the holder of the right (referred to in this section as the “superficiary”) to construct and own buildings on the land.

The granting, terms, expiration and other matters respecting the right of superficie are detailed in paragraph 12.7 of the Agreement.

Where a right or interest in land was originally granted by a Cree First Nation for residential purposes, a subsequent transfer of that right or interest on any part thereof is of no effect unless authorized by the Cree First Nation, either in the original grant or subsequently.

Where a right or interest in land was originally granted by a Cree First Nation for non-residential purposes, a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the Cree First Nation, either in the original grant or subsequently, and approved in accordance with the Cree Constitution.

Where a transfer of a right or interest of a corporation in Category IA Land of a Cree First Nation is deemed to have occurred as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the Cree First Nation that right or interest of the corporation reverts to the Cree First Nation as of the date of the change in effective voting control of the corporation.

A Cree First Nation shall consult with the department or agency of Québec or other person designated by Québec, the Cree Nation Government and the Minister before permitting a person other than

(a) a Cree Beneficiary,

(b) a body composed of a majority of Cree Beneficiaries, or

(c) a party to the JBNQA to develop a project of a regional or provincial nature on the Cree First Nation’s Category IA Land.

A Cree First Nation shall allocate Category IA Land necessary for community services provided by Québec, its agents or mandataries, such as roads, schools, hospitals, police stations and other similar services.

A Cree First Nation shall allocate Category IA Land necessary for services provided or activities carried out by the Cree Nation Government.

The allocation of land by a Cree First Nation for such purposes shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar.

No right or interest in Category IA Land may be acquired by prescription.

CHAPTER 13 – CESSION BY CREE FIRST NATIONS

A Cree First Nation may make a cession, but only to Québec and only in accordance with this Chapter 13.

A cession may either be unconditional or may be subject to such terms and conditions as are contained in the Instrument of Cession.

A cession is not valid unless

(a) it is approved by the Cree First Nation;

(b) an Instrument of Cession is executed by the Cree First Nation;

(c) the written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken on the cession and the Instrument of Cession have been submitted to the Minister;

(d) the Governor in Council passes an order in council transferring to Québec the administration, management and control of the land described in the Instrument of Cession; and

(e) Québec has, within six months of the date of the execution of the Instrument of Cession or such longer period as is specified in the Instrument of Cession, accepted the cession and accepted the transfer from Canada of the administration, management and control of the land described in the Instrument of Cession.

The effective date of a cession is the date on which Québec accepts the cession and the said transfer from Canada, unless a later date is specified in the Instrument of Cession, in which case the effective date of the cession is that later date.

A cession requires the approval of the electors of the Cree First Nation in a referendum in which at least sixty-five per cent of the electors of the Cree First Nation vote in favour of the cession.

A notice for the said referendum must be delivered, posted and stated in the manner described in paragraphs 13.4 (2) and (3) of the Agreement.

The existence of rights or interests of persons other than the Cree First Nation in or on Category IA Land, or in a building located thereon, does not in itself bar a cession of that land.

Except as provided by any agreement to the contrary between the Cree First Nation and Québec, all rights and interests in or on Category IA Land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Québec, are extinguished as of the effective date of the cession.

Holders of registered rights or interests in or on Category IA Land, or in buildings located thereon, whose rights or interests have been extinguished are entitled to fair compensation by the Cree First Nation for the value of the extinguished right or interest, and the amount of compensation, if not agreed on by the Cree First Nation and the holder of the right or interest, shall be determined in accordance with a Cree Nation Government Law made under Chapter 15 as if that right or interest had been expropriated by the Cree First Nation.

Where a Cree First Nation has approved a cession, it shall cause to be submitted to the Minister a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein and an Instrument of Cession, executed by at least two council members of the Cree First Nation, describing the cession that was approved in the referendum.

Where the Minister has received the said written statement and the Instrument of Cession from a Cree First Nation, the Governor in Council shall, by order, transfer to Québec the administration, management and control of the land described in the Instrument of Cession subject to any terms or conditions set out in the Instrument of Cession.

As of the effective date of a cession, the land ceded ceases to be Category IA Land.

A Cree First Nation shall, within sixty days of the effective date of a cession, deposit the Instrument of Cession in the land registry office referred to in Chapter 14.

CHAPTER 14 – LAND REGISTRY SYSTEM

A land registry system is hereby established for the registration of rights and interests in Category IA Land and in buildings situated thereon.

All entries made in the land registry established under the Cree-Naskapi (of Quebec) Act for Category IA land shall be deemed to have been made pursuant to this Agreement.

The Parties shall determine, within three (3) years of the effective date, suitable arrangements for the transfer from the Minister to the Cree Nation Government of the control, supervision, administration and operation of the land registry system.

A right or an interest in Category IA Land or in a building situated thereon granted after the effective date, other than

(a) an authorization from a Cree First Nation,

(b) a right or interest granted by a Cree First Nation,

(d) a servitude expropriated by an expropriating authority under Chapter 11, is not enforceable against a third party unless it is registered in accordance with the provisions of Schedule B.

A hypothec granted after the coming into force of this Chapter 14 on an interest in Category IA Land or in a building situated thereon is not enforceable against that interest unless it is registered in accordance with the terms and conditions set out in Schedule B.

The provisions governing the land registry system for the registration of rights and interests in Category IA Land and in buildings situated thereon are set out in Schedule B.

A Cree First Nation shall deposit in the land registry office a copy of

(a) every land use plan or resource use plan,

(b) every zoning law,

(d) every grant by the Cree First Nation,

(e) every grant by the Cree First Nation, and

(f) every authorization by the Cree First Nation, together with evidence of the approval of the electors of the Cree First Nation where such approval is required by the Cree Constitution.

CHAPTER 15 – EXPROPRIAATION BY CREE FIRST NATIONS

Where laws made by the Cree Nation Government for aspects of expropriations permitted by this Chapter 15 are in force, a Cree First Nation may, subject to and in accordance with those laws, for community purposes or community works, expropriate any right or interest in its Category IA Land or in any building situated thereon, except for

(a) a right or interest of Canada or Québec;

(b) a right conferred by section 114 or 115 of the Cree-Naskapi (of Quebec) Act until the effective date, and thereafter, a right conferred by section 10.6 or 10.7 of the Agreement; and

(c) a servitude expropriated by an expropriating authority under Part VII of the Cree- Naskapi (of Quebec) Act, until the effective date, and thereafter, a servitude expropriated by an expropriating authority under Chapter 11of the Agreement.

The right of a Cree First Nation to expropriate pursuant to this Chapter 15 does not restrict any right that the Cree First Nation has under this Agreement to acquire, by mutual agreement, rights or interests in land or buildings.

A Cree First Nation shall pay compensation to holders of rights or interests expropriated pursuant to this Chapter 15.

The Cree Nation Government may make laws respecting substantive or procedural aspects of expropriations permitted by this Chapter 15, including, without limiting the generality of the foregoing, laws respecting

(a) procedure governing expropriation, including the taking of possession, compulsory taking of possession and transfer of title;

(b) entitlement to compensation, determination of the amount of compensation and the method for payment of compensation; and

i. the right of a Cree First Nation to expropriate,

ii. the right of the expropriated party to compensation, and

iii. the amount of compensation.

PART VI – FISCAL RELATIONS

CHAPTER 16 – GENERAL

In the absence of express provision to the contrary in this Part VI, this Agreement shall not affect or modify any existing funding agreements or existing financial arrangements between the Crees and Canada.

In conjunction with the negotiation of a successor agreement to the New Relationship Agreement and not later than two years before the end of the term of the New Relationship Agreement, Canada and the Crees shall negotiate a twelve-year funding agreement (2028 to 2040) regarding funding for the following:

(a) additional costs incurred by the Cree Nation Government for the implementation of this Agreement and for on-going expenses and functions of the Cree Nation Government pursuant to this Agreement;

(b) the assumption by the Cree Nation Government of the Assumed Federal JBNQA Responsibilities during the term of the successor agreement to the New Relationship Agreement;

(c) capital costs, operations and maintenance (including insurance) and all other costs for Band Facilities beyond the term of the New Relationship Agreement;

(d) funding for operations and maintenance;

(e) annual capital grants for the Cree communities.

This funding agreement referred shall be guided by the provisions of this Part VI.

Not later than two years before the end of the term of this funding agreement, Canada and the Crees shall meet in order to negotiate a successor agreement to that agreement.

The provision or exercise of Jurisdiction to or by the Cree Nation Government under this Agreement does not, in and of itself, create or imply any financial obligation or service responsibility on the part of Canada, unless agreed by Canada and the Cree Nation Government.

CHAPTER 17 – FUNDING

A. FUNDING FOR OPERATIONS AND MAINTENACE AND ANNUAL CAPITAL GRANTS

Concurrently with the signing of this Agreement, the Crees and Canada shall renew:

(a) the Operations and Maintenance Funding Transfer Payment Agreement for the period from the effective date until March 31, 2028, on the same terms and conditions as provided for in the Operations and Maintenance Funding Transfer Payment Agreement (2013-2018) concluded between the Crees and Canada; and

(b) the Agreement regarding Annual Capital Grants to the Quebec Cree Communities for the period from the effective date until March 31, 2028, on the same terms and conditions as provided for in the Agreement regarding Annual Capital Grants to the Quebec Cree Communities (2013-2018) concluded between the Crees and Canada.

Before the expiry of the term of the New Relationship Agreement, the Crees and Canada shall negotiate the renewal of the Operations and Maintenance Funding Transfer Payment Agreement and the Agreement regarding Annual Capital Grants to the Quebec Cree Communities for the period from April 1, 2028 to March 31, 2040. Renewal for this period will be conducted on the same terms and conditions as provided for in the respective and previous renewal agreements.

B. FUNDING AND ADDITIONAL GOVERNANCE POWERS, FUNCTIONS AND RESPONSIBILITIES

As already agreed to between Canada and the Crees under the New Relationship Agreement, from the effective date and until the expiry of the New Relationship Agreement, funding for any additional costs incurred by the Cree Nation Government for the implementation of this Agreement and for on-going expenses and functions of the Cree Nation Government pursuant to this Agreement has already been provided through the New Relationship Agreement.

Not later than two years before the end of the term of the New Relationship Agreement, Canada and the Crees shall commence negotiations with a view to concluding an agreement to determine the funding required from Canada with respect to the objects mentioned in the previous paragraph for the twelve-year period after the term of the New Relationship Agreement (2028 to 2040).

Where Canada transfers or delegates to the Cree Nation Government the administration of a federal program or service through this Agreement or after the effective date, Canada and the Cree Nation Government shall negotiate the terms and conditions of the transfer or delegation as well as the funding related to such program or service and the related administrative costs.

Québec will be invited to be a party in the negotiations, insofar as areas of jurisdiction of Québec are involved and funding is required from Québec.

C. FUNDING FOR ASSUMED FEDERAL JBNQA RESPONSIBILITIES

The funding required from Canada in respect of the Assumed Federal JBNQA Responsibilities during the twelve-year term of the successor agreement to the New Relationship Agreement (2028 to 2040), as determined pursuant to section 10.13 of the New Relationship Agreement, shall form part of the funding agreement referred to in section 16.2 of the Agreement.

CHAPTER 18 – OTHER PROVISIONS

A. OWN SOURCE REVENUE

The funding required from Canada for the following items will be subject to Cree own source revenue contribution (“OSR Contribution”) applied, for the period between 2028 and 2040, in accordance with the specific OSR parameters defined in Schedule C:

(a) Cree Trappers’ Association (JBNQA, par. 28.5.6);

(b) Cree Outfitting and Tourism Association (JBNQA, par. 28.6.2);

(d) Community centre in each Cree community (JBNQA, sub-par. 28.11.1(a));

(e) Essential sanitation services in each Cree community (JBNQA, sub-par. 28.11.1(b));

(f) Fire protection in each Cree community (JBNQA, sub-par. 28.11.1(c)); and

(g) Additional costs incurred by the Cree Nation Government for the implementation of the Agreement.

Canada and the Crees shall determine the amounts related to above paragraphs (a) to (g) and these amounts shall form an expenditure base for the purpose of OSR Contribution.

Canada shall provide to the Cree Nation Government the funding for the expenditure base referred to in the first paragraph of this Chapter, subject to potential deduction of any applicable OSR Contribution, as provided for in Schedule C

B. PARLIAMENTARY APPROPRIATIONS

Any funding to be provided by Canada under this Agreement is subject to an appropriation by Parliament for the fiscal year in which such funding is provided. Canada shall recommend to Parliament such appropriations prior to or contemporaneously with the fulfillment of the conditions for any such funding to be provided.

PART VII – OTHER MATTERS

CHAPTER 19 – TAX TREATMENT MATTERS

Subject to Section 9 of the JBNQA, the Governance Legislation recommended to Parliament shall include the tax exemptions stated in sections 187 and 188 of the Cree- Naskapi (of Québec) Act’

CHAPTER 20 – EXEMPTION FROM SEIZURE OF ASSETS

Subject to Section 9 of the JBNQA, the Governance Legislation recommended to Parliament shall include the exemptions from seizure stated in sections 189 to 193 of the Cree-Naskapi (of Québec) Act.

CHAPTER 21 – LIAISONAND IMLEMENTATION

A. CREE-CANADA STANDING LIAISON COMMITTEE

From the effective date and until the expiry of the New Relationship Agreement, the Cree-Canada Standing Liaison Committee shall exercise the same mandate as provided for in Chapter 8 of the New Relationship Agreement in respect of this Agreement.

During such period, the provisions of Chapter 8 (Cree-Canada Standing Liaison Committee) of the New Relationship Agreement shall apply, with the required adaptations, to any matter referred to the Cree-Canada Standing Liaison Committee, in relation to this Agreement.

After the expiry of the New Relationship Agreement, the Cree-Canada Standing Liaison Committee shall continue to exist and shall operate in accordance with the provisions of subdivision A.2 of this Chapter 21of this Agreement.

The federal delegation to the Cree-Canada Standing Liaison Committee shall comprise:

(a) the lead federal representative at an Assistant Deputy Minister level designated by the Minister; and

(b) other representatives from the Department and other federal departments or agencies who may participate from time to time, as determined by the lead federal Representative.

The Cree delegation to the Cree-Canada Standing Liaison Committee shall comprise:

(a) the lead representative of the Cree Nation designated by the Cree Nation Government; and

(b) other representatives from the Cree Nation Government who may participate from time to time, as determined by the lead Cree representative.

The Cree-Canada Standing Liaison Committee shall have the following mandate:

(a) to act as a forum of exchange and coordination between the Cree Nation and Canada in order to strengthen relations between them;

(b) to ensure the harmonious implementation of this Agreement, of the JBNQA and of any successor agreement to the New Relationship Agreement;

i. any dispute arising out of the interpretation or implementation of this Agreement, or any other agreement as the parties to such agreement may agree in writing to be subject to this forum;

ii. any dispute involving Canada and arising out of the interpretation or implementation of the JBNQA or of any successor agreement to the New Relationship Agreement;

iii. any other matter which the lead federal representative and the lead Cree representative agree should be referred to the Committee.

At the request of either the Cree Nation Government or Canada, the Parties shall seek to have a meeting of the Cree-Canada Standing Liaison Committee as a joint meeting with the Québec-Cree Standing Liaison Committee created under the Paix des braves, in order to discuss matters that may affect Canada, Québec and the Cree Nation.

B. IMPLEMENTATION COMMITTEE

As soon as practicable, but no later than three (3) months after the effective date, the Cree-Canada Standing Liaison Committee shall establish an Implementation Committee comprising one representative of each Party.

The Implementation Committee shall:

(a) monitor and report to the Parties on the implementation of this Agreement;

(b) assist the Cree-Canada Standing Liaison Committee in ensuring the harmonious implementation of this Agreement;

(c) conduct reviews of the Implementation Plan and prepare a bi-annual report on the implementation of this Agreement, and provide such report to the Parties;

(d) establish its own internal procedures, subject to the approval of the Cree-Canada Standing Liaison Committee; and

(e) carry out any other activity that the Parties may agree in writing.

C. IMPLEMENTATION PLAN

The Implementation Plan:

(a) identifies the activities to be undertaken to implement the matters referred to it, the responsible person and the timeframe for completion of those activities;

(b) specifies how the Implementation Plan may be amended, renewed or extended;

(d) does not create legal obligations; and

(e) does not alter any rights or obligations described in this Agreement.

The Implementation Plan addresses the following matters:

(a) Cree Constitution;

(b) mechanism for input by non-Cree into certain decisions by Cree First Nations and Cree Nation Government;

(d) twelve-year funding agreement (2028 to 2040) and constituent agreements;

(e) creation of new Cree First Nations;

(f) Cree artifacts;

(g) international legal obligations of Canada;

(h) Cree-Naskapi Commission; and

(i) other matters that Canada and the Cree Nation Government agree should be addressed in the Implementation Plan.

The Implementation Plan shall take effect on the effective date and have a term of twelve (12) years, which may be renewed or extended upon agreement of the Parties.

CHAPTER 22 – DISPUTE RESOLUTION PROCESS

From the Effective Date and until the expiry of the New Relationship Agreement, the provisions of Chapter 9 (Dispute Resolution Process) of the New Relationship Agreement shall apply, with the required adaptations, to any dispute between the Cree Nation Government and Canada arising out of the interpretation or implementation of this Agreement.

After the expiry of the New Relationship Agreement, the dispute resolution process previously provided in Chapter 9 of the New Relationship Agreement shall continue to apply and shall operate in accordance with the provisions of this Chapter 22.

The Parties agree to make every attempt through cooperation and consultation to arrive at a mutually satisfactory resolution of disputes regarding the interpretation and implementation of this Agreement, the JBNQA or any successor agreement to the New Relationship Agreement.

The only parties authorized to bring disputes for resolution under the present dispute resolution process are Canada and the Grand Council of the Crees (Eeyou Istchee) or the Cree Nation Government (individually an “Authorized Party” or collectively the “Authorized Parties”).

Subsequent to unresolved discussions at the Cree-Canada Standing Liaison Committee, an Authorized Party or the Authorized Parties acting jointly may refer any of the following matters to mediation:

(a) any dispute arising out of the interpretation or implementation of this Agreement or any other agreement as the parties to such agreement may agree in writing to be subject to this Chapter;

(b) any dispute involving Canada and arising out of the interpretation or implementation of the JBNQA or any successor agreement to the New Relationship Agreement; and

If the Cree-Canada Standing Liaison Committee does not address a dispute within ninety (90) days of its being referred to that Committee or, if the dispute so referred is addressed by the Committee within that time but is not resolved by that Committee within ninety (90) days of its being referred, or within such extended period as the Authorized Parties may agree in writing, either of the Authorized Parties or both shall initiate mediation.

The Authorized Parties shall make best efforts to name representatives for purposes of mediation of a dispute who have sufficient authority to reach a resolution, or who have ready access to such authority.

Sections 22.9 to 22.12 of Chapter 22 of this Agreement describes the mediation process that the Parties must follow.

If the dispute is not resolved through mediation, an Authorized Party may, within forty-five (45) days of the unsuccessful conclusion of mediation, and with the written consent of the other Authorized Party, refer the dispute to arbitration.

However, no dispute in relation to

(a) Part VI (Fiscal Relations) of this Agreement or any other agreement referred to therein; or

(b) any financial transfer from Canada under the JBNQA, this Agreement or a successor agreement to the New Relationship Agreement and, in particular, concerning the establishment of funding amounts may be referred to arbitration.

Sections 22.14 to 22.17 of Chapter 22 of this Agreement describes the arbitration process that the Parties must follow.

CHAPTER 23 – CREATION OF NEW CREE FIRST NATIONS

The formal establishment of a new Cree First Nation shall be subject to the conclusion of agreements between the Cree Nation Government and Canada and Québec.

CHAPTER 24 – CREE ARTIFACTS

At the request of the Cree Nation Government, Canada shall use reasonable efforts to facilitate Cree Nation Government access to:

(a) Cree human remains and associated burial objects, including those that are held in public and private collections; and

(b) Cree artefacts, other than those that are held in private collections.

CHAPTER 25 – INTERNATIONAL LEGAL OBLIGATIONS OF CANADA

Nothing in this Chapter shall amend, affect, modify, limit or prejudice or be interpreted so as to amend, affect, modify, limit or prejudice the James Bay and Northern Quebec Agreement or the Eeyou Marine Region Agreement or the rights of the Crees thereunder.

Prior to expressing consent to be bound by an International Treaty that would give rise to a new International Legal Obligation, Canada shall consult the Cree Nation Government separately or through another forum, as appropriate if compliance with the new International Legal Obligation may adversely affect a right of the Cree Nation Government or of a Cree First Nation under this Agreement.

If Canada informs the Cree Nation Government that Canada is of the view that a Cree Law enacted under this Agreement or other governmental authority of the Cree Nation Government or of a Cree First Nation exercised pursuant to this Agreement may cause Canada to be unable to comply with an International Legal Obligation, Canada and the Cree Nation Government will discuss how the law or other exercise of governmental authority may be modified so that Canada would be able to comply with the International Legal Obligations.

Discussions and consultations with an International Body on this matter shall be conducted by Canada and the Cree Nation Government in the manner described in this Chapter.

CHAPTER 26 – CREE-NASKAPI COMMISSION

The Cree-Naskapi Commission shall, with respect to the Crees, investigate any representation submitted to it relating to the implementation of this Agreement and the Cree Constitution, including representations relating to the exercise or non-exercise of a power under this Agreement or the Cree Constitution and the performance or non-performance of a duty under this Agreement or the Cree Constitution, the whole in accordance with the provisions of subsection 165(2) to section 170 of the Cree-Naskapi (of Québec) Act, with such modifications as may be required having regard to the provisions of this Agreement.

During the period of development of the Governance Legislation, the Parties shall examine, in collaboration with the Naskapi Nation of Kawawachikamach, the role of the Cree-Naskapi Commission provided for in Part XII of the Cree-Naskapi (of Québec) Act having regard to, in particular, the need to avoid duplication with processes or bodies provided for under this Agreement. It is understood that funding by Canada for the Cree-Naskapi Commission shall be discussed directly between them.

CHAPTER 27 – INFORMATION AND PRIVACY

For the purposes of federal access to information and privacy legislation, information that the Cree Nation Government or a Cree First Nation provides to Canada in confidence shall be deemed to be information received or obtained in confidence from another government.

CHAPTER 28 – SUCCESSIONS

This Chapter 28 applies only in respect of the succession of a Cree Beneficiary who dies after the effective date and who, at the time of his death, was domiciled on Category IA Land.

For purposes of intestate succession, a surviving consort and a surviving child are included in the class of lawful heirs of a deceased Cree Beneficiary.

The following constitute valid wills:

(a) an instrument that is a valid will under the laws of Québec; and

(b) any written instrument signed by a Cree Beneficiary, or bearing his mark, in which he indicates his wishes or intention with respect to the disposition of his property on his death.

Deeds relating to the acceptance, renunciation or settlement of

(a) a succession composed wholly or partly of movable, immovable or traditional property located on Category IA Land, or

(b) a succession in which persons suffering legal incapacity are interested, are not required to be made in authentic form, where required by the Civil Code of Québec, but must be in the form set out in Schedule D.

Where a Cree Beneficiary who is a minor under the laws of Québec and ordinarily resident on Category IA Land inherits movable or immovable property by virtue of a testamentary or an intestate succession, the parents of that beneficiary are the legal guardians of that property.

Legal guardians shall act jointly, except where one of them is deceased or under a legal incapacity or fails for any reason to act within a reasonable time, in which case the other may act alone.

Where a Cree Beneficiary dies leaving no lawful heirs or where all the heirs renounce the succession, the deceased’s movable and immovable property become the property of the Cree First Nation of which the deceased was a member at the time of his death, unless the Cree First Nation renounces such succession, in which case it shall be dealt with as a vacant succession.

On an intestacy of a Cree Beneficiary, a majority of the lawful heirs may appoint the Cree First Nation of which the deceased was a member at the time of his death to administer or provide for the administration of the succession (except as regards traditional property), in which case the Cree First Nation may charge a fee for its services.

Where a Cree Beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his death to decide on the disposition of his traditional property.

The family council may dispose of the deceased’s traditional property in accordance with its decision, and may appoint a willing individual to administer the deceased’s estate accordingly.

The family council of a deceased Cree Beneficiary shall consist of the following person or persons:

(a) his surviving consort, if any;

(b) any surviving children of the age of majority and the legal representatives of any surviving minor children; and

Where a deceased Cree Beneficiary leaves no survivors described in, the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of Québec, who are ordinarily resident in the “Territory” as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act.

Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the Cree First Nation of which the deceased was a member at the time of his death to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision.

Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the Cree First Nation of which the deceased was a member at the time of his death shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision.

Where, on the death of a Cree Beneficiary,

(a) the deceased leaves no surviving relatives,

(b) for any reason a family council cannot be formed, or

(c) the family council has not met within one year after the deceased’s death, the council of the Cree First Nation of which the deceased was a member at the time of his death shall act as the deceased’s family council.

A disposition of any traditional property of a deceased Cree Beneficiary by the deceased’s family council pursuant to this Chapter 28 passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient.

Where any person designated by the family council of a deceased Cree Beneficiary to receive the deceased’s traditional property pursuant to this Chapter 28 renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed by the laws of Québec relating to intestate succession.

CHAPTER 29 – GENERAL

Where, under this Agreement or any law made thereunder, a document is required to be signed by a person and that person is unable to write, that person’s mark shall constitute his signature if

(a) the mark is affixed to the document in the presence of a witness who is able to write; and

(b) the witness affixes his signature to the document beside the mark of the person for whom he is acting as witness.

In addition to any person authorized to act as a commissioner of oaths under the laws of Canada or of Québec, the chief of a Cree First Nation and the secretary of the Cree First Nation are ex officio commissioners of oaths for the purposes of this Agreement and any law made thereunder.

The chief and secretary of the Cree First Nation shall not charge any fee or other compensation whatsoever for acting as a commissioner of oaths.

A Cree First Nation secretary may issue certified copies of any law or resolution of the Cree First Nation or of any other document issued under the authority of the Cree First Nation.

A Cree First Nation treasurer may issue certified copies of all or any part of the books of account and financial records of the Cree First Nation.

In every case in which an original document could be received in evidence, a certified copy of that document issued is receivable in evidence without proof of the signature or the official character of the person or persons appearing to have signed the document.

PART VIII – FINAL PROVISIONS

CHAPTER 30 – AMENDMENT OF JBNQA

The Cree Nation Government shall not consent to any amendment, replacement or abrogation of paragraphs 11.2.1, 11.2.2, 11.2.4 or 11.2.7 of the JBNQA without the prior written consent of Canada, acting reasonably.

The Crees and Canada shall sign a Complementary Agreement to amend the JBNQA so as to ensure its consistency with this Agreement. Such Complementary Agreement shall include, without limitation,

(a) an amendment to Section 9 of the JBNQA providing that, upon its coming into force, the Governance Legislation shall be deemed to be the special legislation referred to in Section 9 of the JBNQA and shall, in conjunction with this Agreement and the Cree Constitution, replace the Cree-Naskapi (of Quebec) Act with respect to the Crees, Cree First Nations, Cree Nation Government and Category IA Land; and

(b) such other amendments to Section 9 and other provisions of the JBNQA as may be required.

CHAPTER 31 – RATIFICATION

A. GENERAL

This Agreement and the Cree Constitution shall be approved and ratified in accordance with this Chapter.

This Agreement shall take effect and be legally binding once ratified by the Parties.

The Cree Constitution shall take effect and be legally binding at the same time as this Agreement.

B. RATIFICATION BY THE CREES

After this Agreement has been initialed by the chief negotiators for Canada and the Crees, the Cree Nation Government shall:

(a) make available to the Crees a summary of this Agreement, the Cree Constitution and the ratification process set out in this Chapter;

(b) make this Agreement and the Cree Constitution available for consultation by the Crees.

The Cree Nation Government shall prepare a record of the activities conducted for consultation with the Crees and provide a copy of such record to Canada upon request.

Upon completion of the activities mentioned conducted for consultation with the Crees, ratification by the Crees of this Agreement and the Cree Constitution requires:

(a) the adoption by the Cree Nation Government, the Grand Council of the Crees (Eeyou Istchee) and each of the Cree First Nations of a resolution approving this Agreement and the Cree Constitution;

(b) the signature by the Chairman/Grand Chief and the Vice-Chairman/Deputy Grand Chief of the Cree Nation Government/Grand Council of the Crees (Eeyou Istchee) of this Agreement; and

(c) the signature by each Cree First Nation, acting through its duly authorized representative of the Concurrence attached to this Agreement, acknowledging that the Cree First Nation is represented by the Cree Nation Government and the Grand Council of the Cree (Eeyou Istchee) in the making of this Agreement and that it is bound by the terms thereof.

The resolution of the Cree Nation Government, the Grand Council of the Crees (Eeyou Istchee) and each of the Cree First Nations:

(a) shall be substantially in the form appended to this Agreement as Schedule E;

(b) shall be submitted to the Council of the Cree Nation Government, the board of directors of the Grand Council of the Crees (Eeyou Istchee) and the council of each of the Cree First Nations, at a meeting of such council and board open to the public; and

(c) shall require, to be approved, the affirmative votes of the majority of the council or board members present when the vote is taken.

C. RATIFICATION BY CANADA

Ratification of this Agreement by Canada requires:

(a) that this Agreement be signed by a Minister authorized by the federal Cabinet; and

(b) the coming into force of the Governance Legislation giving effect to this Agreement.

CHAPTER 32 – INDEMNIFICATION

The GCC(EI)/CNG shall indemnify and hold Canada harmless against any and all claims, demands, actions, damages, liabilities or costs to which Canada may become subject, under a court judgment which has become final, arising out of the ratification process of this Agreement in accordance with Chapter 31.

CHAPTER 33 – LEGISLATION

Canada shall recommend to Parliament the Governance Legislation which shall provide, among other things

(a) that this Agreement

i. means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, including any amendments made to it;

ii. is approved, given effect, declared valid and has the force of law; and

iii. is binding on, and may be relied on by, the Parties and all persons and bodies;

(b) that the Cree Constitution

i. is given effect and has the force of law; and

ii. is binding on, and may be relied on by, all persons and bodies;

(c) that a Cree Law made in accordance with this Agreement and the Cree Constitution has the force of law and is binding on, and may be relied on by, all persons and bodies; and

(d) for consequential amendments to its laws, in particular, the Cree-Naskapi (of Quebec) Act, in order to ensure their consistency with this Agreement, the whole in accordance with the other provisions of this Agreement.

Canada shall make best efforts to recommend the Governance Legislation without delay after the signature of this Agreement.

Canada shall consult with the GCC(EI)/CNG during the drafting of the Governance Legislation.

Canada shall consult the Cree Nation Government in respect of any future amendments of the Governance Legislation prior to their submission to Parliament.

CHAPTER 34 – NOTICE

Any notice, communication or consent to be given pursuant to this Agreement shall be in writing and shall be delivered personally or by courier, transmitted by fax, transmitted by e-mail or mailed by pre-paid registered mail.

CHAPTER 35 – STATUS, INTERPRETATION AND VALIDITY OF AGREEMENT

This Agreement is neither a treaty nor a land claim agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

No Party will challenge, and no Party will encourage or support any challenge to, the validity of this Agreement or to any provision of this Agreement.

CHAPTER 36 – AMENDMENTS

This Agreement may be amended from time to time with the consent of the Parties.

The Parties shall obtain the consent of Makivik Corporation with regard to any amendment that concern and impact the Inuit.

Parties shall obtain the consent of the council of the Naskapi Nation of Kawawachikamach with regard to any amendment that concern and impact the Naskapi Nation of Kawawachikamach.

CHAPTER 37 – TRANSITIONAL MEASURES

The council of a Cree band that is in office pursuant to the Cree-Naskapi (of Quebec) Act, becomes the council of its continued Cree First Nation under this Agreement on the effective date, and continues in office as such until the expiration of its term of office under the Cree-Naskapi (of Quebec) Act.

For the transitional period described, the council has the powers and duties of a council elected under this Agreement and the Cree Constitution, and the provisions of this Agreement and the Cree Constitution apply, with any modifications that the circumstances require, to that council as if it had been elected under this Agreement and the Cree Constitution.

The by-laws and resolutions of a Cree band that are in force immediately before the effective date shall be deemed to be respectively laws and resolutions of its continued Cree First Nation made pursuant to this Agreement and the Cree Constitution. They shall remain in force until the date that they cease to have effect as provided for according to their terms, until their objects are attained or until they are replaced or repealed by that Cree First Nation.

The by-laws and resolutions of the Cree Nation Government enacted or adopted pursuant to the Cree-Naskapi (of Quebec) Act shall be deemed to be respectively laws and resolutions of the Cree Nation Government made pursuant to this Agreement and the Cree Constitution. They shall remain in force until the date that they cease to have effect as provided for according to their terms, until their objects are attained or until they are replaced or repealed by the Cree Nation Government.

SIGNATORIES:

IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED AT OTTAWA ON THIS 18^TH DAY OF JULY, 2017:

FOR THE GOVERNMENT OF CANADA:

Honourable Carolyn Bennett, M.D., P.C., M.P.

Minister of Indian Affairs and Northern Development

FOR THE GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE) AND THE CREE NATION GOVERNMENT:

Dr. Matthew Coon Come

Grand Chief of the Grand Council of the Crees (Eeyou Istchee)

Chairman of the Cree Nation Government

Rodney Mark

Deputy Grand Chief of the Grand Council of the Crees (Eeyou Istchee)

Vice - Chairman of the Cree Nation Government

CONCURRENCE

Each Cree First Nation hereby acknowledges that it is bound by the terms of this Agreement and it is represented by the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government in the making of this Agreement.

This Concurrence is signed by the following Chiefs or Deputy Chief:

Chief Davey Bobbish of the Cree Nation of Chisasibi

Chief Kenneth Cheezo of the Cree Nation of Eastmain

Chief Curtis Bosum of the Ouje-Bougoumou Cree Nation

Chief Richard Shecapio of the Cree Nation of Mistissini

Chief Thomas Jolly of the Cree Nation of Nemaska

Deputy Chief Samson Wischee of the Crees of the Waskaganish First Nation

Chief Marcel Happyjack of the Waswanipi Band

Chief Dennis Georgekish of the Cree Nation of Wemindji

Chief Louisa Wynne of the Whapmagoostui First Nation

SCHEDULE A – FORM OF INSTRUMENT OF CESSION

SCHEDULE B – LAND REGISTRY SYSTEM

SCHEDULE C – OWN SOURCE REVENUE CONTRIBUTION

SCHEDULE D – FORM OF DEEDS

SCHEDULE E – FORM OF RESOLUTION APPROVING THIS GOVERNANCE AGREEMENT AND CREE CONSTITUTION – GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)/CREE NATION GOVERNMENT – BOARD/COUNCIL