Agreement on Cree Nation Governance Between The Crees of Eeyou Istchee and the Government of Canada

A. Continuation of Cree First Nations

5.1 On the Effective Date, the Cree bands constituted as corporations pursuant to the Cree-Naskapi (of Quebec) Act, as it read immediately before the Effective Date, 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:

1. Whapmagoostui Aeyouch, Whapmagoostui First Nation, Première Nation de Whapmagoostui;
2. Chisasibi Eeyouch, Cree Nation of Chisasibi, Nation Crie de Chisasibi;
3. Wemindji Eeyou, Cree Nation of Wemindji, Nation Crie de Wemindji;
4. Wapanoutauw Eeyou, Cree Nation of Eastmain, Nation Crie d’Eastmain;
5. Waaskaahiikanish Iiyiyuuch Niishtam e Itaskaanesitwaau, The Crees of the Waskaganish First Nation, Les Cris de la Première Nation de Waskaganish;
6. Nemaskauw Iinuuch, Cree Nation of Nemaska, Nation Crie de Nemaska;
7. Waswanipi Eenouch, Cree First Nation of Waswanipi, Première nation crie de Waswanipi;
8. Mistissini Iinuuch, Cree Nation of Mistissini, Nation Crie de Mistissini; and
9. Ouje-Bougoumou Eenuch, Ouje-Bougoumou Cree Nation, Nation crie de Ouje-Bougoumou.

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

B. Membership of Cree First Nations

5.3 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.

5.4 A person, not being a Cree Beneficiary,

1. 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, as it read immediately before the Effective Date, or
2. ( 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, as applicable, be deemed to be:
3. a member of that band’s successor Cree First Nation mentioned in section 5.1 or of the Ouje-Bougoumou Cree Nation, as the case may be, for the purposes of:
   1. promotion of the general welfare of the members of the Cree FirstNations;
   2. section 6.2;
   3. section 4.16;
   4. explanation by the Cree First Nation of the budget or supplementary budget to its members of and making a copy thereof available for their inspection;
   5. presentation and explanation by the Cree First Nation of the auditor’s report to its members of and making a copy thereof available for their inspection; and
   6. subsection 9.3(1);
4. if 18 years of age or over and not declared mentally incompetent under the laws of Québec, an elector of the successor Cree First Nation or of the Ouje-Bougoumou Cree Nation for the purposes of:
   1. entitlement to vote in any election of council members held by that Cree First Nation;
   2. approval of the adoption, amendment or repeal of a Cree First Nation Law respecting the election and term of office of the concerned council members;
   3. eligibility to be elected to the office of council member, but not chief, of that Cree First Nation;
   4. filing a petition with the secretary of the Cree First Nation requesting that a special meeting be convened for the purpose of deciding whether a general election should be held; and
   5. approval of a law authorizing a long-term borrowing by the Cree First Nation, where such authorization is required to be approved by the electors of the Cree First Nation;
5. if 18 years of age or over and not declared mentally incompetent under the laws of Québec, 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.

5.5 An Inuk of Chisasibi shall, subject to the Cree Constitution, as applicable, be deemed to be:

1. a member of the Cree Nation of Chisasibi for the purposes of:
   1. promotion of the general welfare of the members of the Cree Nation of Chisasibi;
   2. section 6.2;
   3. section 4.16;
   4. explanation of the budget or supplementary budget to the members of the Cree Nation of Chisasibi and making a copy thereof available for inspection by its members, as provided for in the Cree Constitution;
   5. presentation and explanation of the auditor’s report to the members of the Cree Nation of Chisasibi and making a copy thereof available for their inspection; and
   6. subsection 9.3(1);
2. a resident of the Category IA Land of the Cree Nation of Chisasibi for the purposes of paragraph 5.7(2)(b); and
3. if eighteen years of age or over and not declared mentally incompetent under the laws of Québec, an elector of the Cree Nation of Chisasibi for the purposes of:
   1. entitlement to vote in any election of council members held by the Cree Nation of Chisasibi;
   2. approval of the adoption, amendment or repeal of a law of the Cree Nation of Chisasibi respecting the election and term of office of its council members;
   3. eligibility to be elected to the office of council member, but not that of chief, of the Cree Nation of Chisasibi;
   4. filing a petition with the secretary of the Cree Nation of Chisasibi requesting that a special meeting be convened for the purpose of deciding whether a general election should be held; and
   5. approval of a law authorizing a long-term borrowing by the Cree Nation of Chisasibi, where such authorization is required to be approved by the electors of the Cree Nation of Chisasibi.

C. Objects and Powers of Cree First Nations

5.6 The objects of a Cree First Nation are:

1. to act as the local government authority on its Category IA Land;
2. to use, manage, administer and regulate its Category IA Land and the natural resources thereof;
3. to control the disposition of rights and interests in its Category IA Land and in the natural resources thereof;
4. to regulate the use of buildings on its Category IA Land;
5. to use, manage and administer its moneys and other assets;
6. to promote the general welfare of the members of the Cree First Nation;
7. to promote and carry out community development and charitable works in the community;
8. 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 referred to in paragraph 4.7(b);
9. to promote and preserve the culture, values and traditions of the Crees; and
10. 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.

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

5.8 (1) Subject to subsection (2), the Canada Business Corporations Act^{Footnote 19} , the Canada Corporations Act, the Canada Not-for-profit Corporations Act and the other Acts of Parliament specifically applicable to corporations do not apply to a Cree First Nation.

D. Council

5.9 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 to in paragraph 6.2(1)(b) and to the Cree Constitution.

5.10 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.

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

A. Solemnization of Marriage

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

1. the recognition of solemnization of marriage by traditional practices and codification of Cree forms of traditional marriage;
2. the designation of individuals who can solemnize marriages.

B. Matrimonial Property

8.3 The Cree Nation Government may make laws that apply:

1. during a conjugal relationship,
2. when a conjugal relationship breaks down, or
3. on the death of a spouse or common law partner,
   
   respecting the following aspects of matrimonial immovable property situated on Category IA Land:
4. the use, the occupation and the possession of family homes;
5. protection orders;
6. the division of the value of any rights or interests held by a spouse or a common-law partner upon the breakdown of the conjugal relationship or the death of the other spouse or common law partner, as applicable, and taking into account the interest of children.

8.4 The rights and protections provided in a Cree Nation Government Law made under section 8.3 shall be at least equivalent in their effect to any rights and protections provided under laws of Québec in respect of the matter.

8.5 A Cree Nation Government Law made under section 8.3 may include, notwithstanding the exemption from seizure provided for in the Governance Legislation, provisions for enforcing, on Category IA Land, an order of a court of competent jurisdiction that includes one or more provisions made under such Cree Nation Government Law or a decision made or an agreement reached under such law.

C. Cree Language, Culture and Heritage

8.6 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.

8.7 Section 16 of the JBNQA and the Education Act for Cree, Inuit and Naskapi Native Persons^{Footnote 21} shall prevail over a Cree Nation Government Law made under section 8.6 to the extent of any inconsistency or conflict.

D. Implementation Agreement with Québec

8.8 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 Safaty

8.9 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. Essential Sanitation Services

8.10 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 Department

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

H. Environment

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

I. Standars

8.13 The standards established in a Cree Nation Government Law in respect of a matter referred to in sections 8.9 to 8.12 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.

8.14 (1) A Cree Nation Government Law in respect of a matter referred to in sections 8.9 to 8.12 shall prevail over a Cree First Nation Law to the extent of any inconsistency or conflict.

J. Taxation

8.15 Subject to paragraph 2.8(a), the Cree Nation Government may make laws respecting Direct taxation of Crees within the territorial limits defined in section 4.8 in order to raise revenue for the Cree Nation Government’s purposes.

8.16 For the purposes of section 8.15, "Direct" has the same meaning, for the purposes of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867.

8.17 In the absence of a negotiated tax coordination agreement with Canada and, if applicable, Québec, the Jurisdiction referred to in section 8.15 shall be exercised in accordance with principles and parameters determined by the Cree Nation Government.

A. General

9.1 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.

9.2 (1) The exercise of residence or access rights conferred by sections 9.3 to 9.6 is subject to any law made under subsection (2).

B. Residence Rights

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

1. a member of that Cree First Nation;
2. the member’s consort, within the meaning of section 28.2; and
3. the family to the first degree of a person described in paragraph (a) or (b).

9.4 (1) A person who is not a Cree Beneficiary and who

1. 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 by virtue of the JBNQA, other than land referred to in subsection (2), and
2. continued to reside on or occupy that land by virtue of that right at the coming into force of Part V of the Cree-Naskapi (of Quebec) Act^{Footnote 22}
   
   may continue to reside on or occupy that land in accordance with that right until the expiry of that right.

C. Access Rights

9.5 (1) The following persons have a right of access to any Category IA Land:

1. any Cree Beneficiary;
2. that Beneficiary’s consort, within the meaning of section 28.2; and
3. the family to the first degree of a person in paragraph (a) or (b).

D. Offence

9.7 (1) A Cree First Nation may make laws to provide that every person who

1. unlawfully interferes with a person’s residence or access right under this Chapter 9, or
2. 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.

A. Bare Ownership

10.1 (1) Québec retains the bare ownership of Category IA Land.

B. Soapstone Deposits

10.2 All deposits of

1. soapstone, and
2. 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

10.3 (1) 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 the provincial Minister responsible therefor, cutting rights or a licence to cut timber, as required by section 58 of An Act respecting the Land Regime in the James Bay and New Quebec Territories.

D. Gravel

10.4 A Cree First Nation, where it has obtained a permit from the ministre de l’Énergie et des Ressources of Québec pursuant to section 56 of An Act respecting the Land Regime in the James Bay and New Quebec Territories, 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

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

10.6 (1) Where an exploration permit was granted by Québec to the Société de développement de la Baie James before November 11, 1975 for land that subsequently became Category IA Land pursuant to the JBNQA, other than land referred to in subsection (2), the Société de développement de la Baie James may, in accordance with that exploration permit and subject to subsections 10.8(1) and (3), use that Category IA Land to carry out exploration activities and exploit mineral deposits.

10.7 (1) A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals ("minerals" as defined in the Mining Act (Québec) as it read on November 11, 1975) granted before November 11, 1975 on land surrounded by or adjacent to land that subsequently became Category IA Land pursuant to the JBNQA, other than land that became Category IA Land of the Oujé-Bougoumou Cree Nation by virtue of the Oujé-Bougoumou Band Complementary Agreement, may, subject to subsections 10.8(1) and (3), use that Category IA Land to the extent necessary for the exercise of the holder’s right or title.

10.8 (1) The rights conferred by subsections 10.5(3), 10.6(1) and 10.7(1) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Québec) as it read on November 11, 1975, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

F. Pre-existing Rights and Interests on Category IA Land

10.9 (1) 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, other than land referred to in subsection (2), 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. Funding for Operations and Maintenance and Annual Capital Grants

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

1. 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
2. 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.

17.2 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 renewal agreements contemplated in section 17.1.

17.3 The funding to be paid under the agreements referred to in section 17.2 shall be paid through the funding agreement referred to in section 16.2. However, this funding shall remain distinct from other funding referred to in section 16.2 and the agreements referred to section 17.2 shall each form a separate schedule of the funding agreement referred to in section 16.2.

B. Funding for Additional Gevernance Powers, Functions and Responsabilities

17.4 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, not covered under paragraph 17.1(a), has already been provided through the New Relationship Agreement.

17.5 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 section 17.4 for the twelve-year period after the term of the New Relationship Agreement (2028 to 2040). This funding shall form part of the funding agreement referred to in section 16.2.

17.6 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.

17.7 Québec will be invited to be a party in the negotiations referred to in section 17.5, insofar as areas of jurisdiction of Québec are involved and funding is required from Québec.

C. Funding for Assumed Federal JBNQA Responsabilities

17.8 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.

A. Own Source Revenue

18.1 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:

1. Cree Trappers’ Association (JBNQA, par. 28.5.6);
2. Cree Outfitting and Tourism Association (JBNQA, par. 28.6.2);
3. Cree Native Arts and Crafts Association (JBNQA, par. 28.7.5);
4. Community centre in each Cree community (JBNQA, sub-par. 28.11.1(a));
5. Essential sanitation services in each Cree community (JBNQA, sub-par. 28.11.1(b)); and
6. Fire protection in each Cree community (JBNQA, sub-par. 28.11.1(c));
7. Additional costs incurred by the Cree Nation Government for the implementation of the Agreement, as referred to in section 17.5.

18.2 Canada and the Crees shall determine the amounts related to paragraphs 18.1(a) to (g) and these amounts shall form an expenditure base for the purpose of OSR Contribution.

18.3 Canada shall provide to the Cree Nation Government the funding for the expenditure base referred to in section 18.2, subject to potential deduction of any applicable OSR Contribution, as provided for in Schedule C.

B. Parliamentary Appropriations

18.4 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.

A. Cree-Canada Standing Liaison Committee

B. Implementation Committee

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

21.13 The Implementation Committee shall:

1. monitor and report to the Parties on the implementation of this Agreement;
2. assist the Cree-Canada Standing Liaison Committee in ensuring the harmonious implementation of this Agreement;
3. 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;
4. establish its own internal procedures, subject to the approval of the Cree-Canada Standing Liaison Committee; and
5. carry out any other activity that the Parties may agree in writing.

21.14 The Implementation Committee shall meet regularly, but the minimum number of meetings of the Committee in any given financial year shall not be less than one (1).

21.15 Before referring any matter to the Cree-Canada Standing Liaison Committee, the Implementation Committee members shall attempt in good faith to find appropriate and mutually acceptable solutions with regard to any subject raised with the Committee and they will strive in good faith to ensure the implementation of such solutions by the Cree Nation Government and Canada.

21.16 Nothing in the Agreement shall authorize the Implementation Committee to oversee or direct the Cree Nation Government or Canada in the exercise of their jurisdiction or the delivery of their programs and services.

C. Implementation Plan

21.17 The Implementation Plan:

1. identifies the activities to be undertaken to implement the matters referred to in section 21.18, the responsible person and the timeframe for completion of those activities;
2. specifies how the Implementation Plan may be amended, renewed or extended;
3. addresses other matters agreed to by the Parties;
4. does not create legal obligations; and
5. does not alter any rights or obligations described in this Agreement.

21.18 The Implementation Plan addresses the following matters:

1. Cree Constitution (Chapter 3);
2. mechanism for input by non-Cree into certain decisions by Cree First Nations and Cree Nation Government (section 4.29);
3. land registry system (Chapter 14);
4. twelve-year funding agreement (2028 to 2040) and constituent agreements (section 16.2);
5. creation of new Cree First Nations (Chapter 23);
6. Cree artefacts (Chapter 24);
7. international legal obligations of Canada (Chapter 25);
8. Cree-Naskapi Commission (section 26.2); and
9. other matters that Canada and the Cree Nation Government agree should be addressed in the Implementation Plan.

21.19 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.

A. Period Until Expity of New Relationship Agreement

22.1 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.

B. Period After Expity of New Relationship Agreement

22.2 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 division B of this Chapter 22.

22.3 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. To this end, the Parties shall apply the dispute resolution processes established under subdivision A.2 of Chapter 21 and this division B of this Chapter 22 to resolve such disputes prior to initiating proceedings before courts, boards, commissions or other tribunals in regard thereto.

22.4 Notwithstanding section 22.3, nothing in this Chapter 22 prevents either Party from commencing judicial proceedings at any time:

1. to avoid the expiration of a limitation period or to suspend a limitation period; or
2. to obtain interlocutory or interim relief that is otherwise available pending treatment of the dispute under this Agreement.

22.5 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").

22.6 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 under sections 22.9 to 22.12:

1. 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;
2. 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
3. any other matter which the Authorized Parties agree should be referred to mediation.

22.7 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.

22.8 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.

22.9 (1) An Authorized Party shall initiate mediation in writing by sending to the other Authorized Party a mediation notice ("Mediation Notice") which shall include:

1. the subject of the dispute;
2. the issue or issues requiring resolution;
3. a summary of the facts; and
4. the name(s) of its representative(s).

22.10 (1) The Authorized Parties agree to select individuals to act as mediators who are impartial, independent and free from conflict of interest relative to the matter in issue and have knowledge or experience to act in the appointed capacity.

22.11 (1) Once a mediator is selected by the Authorized Parties or appointed by the Québec Superior Court, as the case may be, the mediation shall commence within twenty (20) days, unless the Authorized Parties agree otherwise, and the Authorized Parties shall participate thereafter in good faith in the mediation process.

22.12 (1) The disclosure of information by an Authorized Party in the course of any mediation under this Chapter is not a waiver of any privilege by that Authorized Party for purposes of any legal proceedings.

22.13 (1) 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 as set out in section 22.14.

22.14 (1) The provisions of the Code of Civil Procedure of Québec ("CCP") shall apply to an arbitration carried out pursuant to this Chapter 22 unless varied herein.

22.15 (1) An arbitration conducted pursuant to a referral under section 22.13 shall be held in private and only the counsel or legal agent, instructing officials, experts and witnesses of the parties to the arbitration are entitled to be present unless the parties to the arbitration otherwise agree.

22.16 (1) The Authorized Parties and, in the case of arbitration, any intervener(s) allowed by the arbitrator(s) pursuant to subsection 22.14(3), shall each be responsible for the costs of their own legal counsel, expert reports and travel respecting any of the dispute resolution processes in this Chapter 22.

22.17 The requirements in subsection 22.14(3) and sections 22.15 and 22.16 respecting written confirmation from intervener(s) on their being bound by the decision in the arbitration that they have been allowed to join, on their adherence to the confidentiality provisions of this Chapter, and on expenses of arbitration, shall be confirmed by way of a written agreement satisfactory to the Authorized Parties, which shall be signed by the intervener(s) and the Authorized Parties, and a copy shall be submitted to the arbitrator(s).

A. General

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

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

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

B. Ratification by the Crees

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

1. make available to the Crees, or publish in English and Cree in newspapers deemed appropriate by the Cree Nation Government, a summary of this Agreement, the Cree Constitution and the ratification process set out in this Chapter;
2. make this Agreement and the Cree Constitution available for consultation by the Crees by electronic means and by making available hard copies at the band office of each Cree First Nation and at the offices of the GCC(EI)/CNG outside the Territory;
3. provide a reasonable number of hard copies of this Agreement and the Cree Constitution for distribution to the Crees upon request;
4. broadcast in Cree and English on the community radio stations information on this Agreement, the Cree Constitution and the ratification process set out in this Chapter 31;
5. hold information meetings in each Cree community on this Agreement, the Cree Constitution and the ratification process set out in this Chapter 31, and invite Canada to attend such meetings; and
6. carry out such other activities as determined by the Cree Nation Government.

31.5 The Cree Nation Government shall prepare a record of the activities mentioned in section 31.4 and provide a copy of such record to Canada upon request.

31.6 Upon completion of the activities mentioned in section 31.4, ratification by the Crees of this Agreement and the Cree Constitution requires:

1. 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;
2. 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
3. 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.

31.7 The resolution of the Cree Nation Government, the Grand Council of the Crees (Eeyou Istchee) and each of the Cree First Nations referred to in paragraph 31.6(a):

1. shall be substantially in the form appended to this Agreement as Schedule E;
2. 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
3. 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

31.8 Ratification of this Agreement by Canada requires:

1. that this Agreement be signed by a Minister authorized by the federal Cabinet; and
2. the coming into force of the Governance Legislation giving effect to this Agreement.

Instrument of Cession

This Instrument of Cession is executed in four copies in accordance with paragraphs 13.3(1)(b) and 13.6(b) of the Agreement.

1. Interpretation
   
   In this Instrument of Cession, Cree First Nation means (Name of the Cree First Nation);
2. Description of land affected
   
   In accordance with Chapter 13 of the Agreement, the Cree First Nation has made a cession to Québec of the whole of its rights and interests in or on the following parcel of its Category IA Land described below and depicted on the plan attached hereto:
   
   (description of the land)
3. Conditions of cession
   
   The said cession is unconditional
   
   (or)
   
   The said cession is subject to the following terms and conditions:
   
   (here state the terms and conditions)
4. Approval of electors
   
   In accordance with section 13.4 of the Agreement, the said cession was approved by the electors of the Cree First Nation in a referendum duly called and held on the     day(s) of    , 20     in which at least sixty-five percent (65%) of the electors of the Cree First Nation voted in favour of the said cession.
5. Certificate of officer
   
   A written statement dated the     day of    , 20    , certifying the results of the vote taken in the referendum and signed by    , the officer responsible for the conduct of the referendum, is attached hereto.
6. Effective date of cession (choose the desired version)
   
   First version:
   
   In accordance with subsection 13.3(2) of the Agreement, the effective date of the said cession shall be the date on which Québec accepts the cession and the transfer from Canada of the administration, management and control of the land described in section 2 of this Instrument of Cession, pursuant to paragraph 13.3(1)(e) of the said Agreement.
   
   (or)
   
   Second Version:
   
   In accordance with subsection 13.3(2) of the Agreement, the effective date of the said cession shall be the later of
   1. the date on which Québec accepts the said cession and the transfer from Canada of the administration, management and control of the land described in section 2 of this Instrument of Cession, pursuant to paragraph 13.3(1)(e) of the Agreement, and
   2. the     day of    , 20    .
7. Acceptance by Québec (Optional Clause)
   
   Pursuant to paragraph 13.3(1)(e) of the Agreement, Québec may accept the cession and the transfer from Canada of the administration, management and control of the land described in section 2 of this Instrument of Cession within ( ) months of the date of the execution of this Instrument of Cession.
   
   Executed     at    , this     day of    , 20    .

Title

1. Provisions governing the Land Registry System (section 14.3 of the Agreement).

Interpretation

2. In this Schedule B,

Establishment of the Land Registry System

3. A land registry system, under the control and supervision of the Minister, is hereby established for the registration of rights and interests in Category IA Land and in buildings situated thereon.

4. (1) The land registry system established pursuant to section 3 shall consist of the following registry offices:

1. a central land registry office; and
2. one local land registry office for each Cree First Nation.

5. (1) The hours of operation of the central land registry office shall be from 10 o'clock in the morning to 12 o'clock noon and from 1 o'clock to 3 o'clock in the afternoon every day except Saturdays and holidays.

Administration of the Land Registry System

6. The land registry system established pursuant to section 3 shall be under the administration of the central land registrar appointed by the Minister on a full-time or part-time basis.

Central Land Registrar

7. The central land registrar shall

1. administer the central land registry office;
2. coordinate the functions of the local land registry offices;
3. arrange for and assist in the preparation of land registry plans and deposit certified copies of any land registry plan made pursuant to section 17 in the appropriate local land registry office and in the central land registry office;
4. issue, to each local land registrar, guidelines respecting the administration and operation of the land registry system established pursuant to section 3;
5. establish the form of the index books;
6. assist and advise the local land registrars;
7. assist Cree Beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Agreement or the provisions of this Schedule B; and
8. conduct an inspection of each local land registry office, including its index books and records, at least once a year and report on its administration to the council of the appropriate Cree First Nation.

Deputy Central Land Registrar

8. (1) The central land registrar shall be assisted by a deputy central land registrar appointed by the Minister on a full-time or part-time basis.

Local Land Registrars

9. (1) The local land registry office for a Cree First Nation shall be administered by a local land registrar appointed by the Cree First Nation. (2) A local land registrar shall be employed by the Cree First Nation pursuant to the Cree Constitution and may be employed on a full-time or part-time basis.

10. A local land registrar shall, in addition to the duties prescribed by the appropriate Cree First Nation pursuant to the Cree Constitution,

1. assist in the preparation of land registry plans for the Category IA Land of the Cree First Nation; and
2. assist Cree Beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Agreement or the provisions of this Schedule B.

Deputy Local Land Registrars

11. (1) A local land registrar shall be assisted by at least one deputy local land registrar appointed by the Cree First Nation.

Appointments and Dismissals

12. Where a Cree First Nation appoints or dismisses a local land registrar or a deputy local land registrar, the Cree First Nation shall forthwith notify the central land registrar in writing.

13. On assuming office, a land registrar or a deputy land registrar shall swear an oath of office to exercise his duties in accordance with law.

Inspection of Local Land Registry Offices

14. (1) The central land registrar shall not inspect a local land registry office unless the registrar of the local land registry office to be inspected has received written notice of the proposed inspection at least one week prior to the inspection.

Appointment of Administrator

15. (1) Where, as a result of a report referred to in subsection 14(2), the Minister is of the opinion that the affairs of a local land registry office are in serious disorder, he may give written notice to the appropriate Cree First Nation of his intention to appoint an administrator to administer the local land registry office, setting out the situation which resulted in his reasons for so doing.

Index Books

16. The following index books shall be maintained at each local land registry office and at the central land registry office:

1. an entry book in which is recorded, in chronological order, each document that is received at the office for registration pursuant to section 21;
2. an index of names in which is recorded the name, in alphabetical order, of each person who is a party to a document evidencing a right or interest in Category IA Land or in buildings situated thereon that is registered at the office pursuant to the provisions of this Schedule B;
3. an index of land in which is recorded, for each block of Category IA Land, any rights or interests in that block that are registered at the office pursuant to the provisions of this Schedule B;
4. an index of buildings in which is recorded, for each building situated on Category IA Land, any rights or interests in that building that are registered at the office pursuant to the provisions of this Schedule B; and
5. a deposit index in which is recorded, in chronological order, each document referred to in section 36 that is received at the office for deposit under that section.

Land Registry Plans

17. (1) The central land registrar shall arrange for the preparation of a land registry plan for the Category IA Land of each Cree First Nation.

(7) Any rights or interests under section 10.6 or 10.7 or subsection 10.9(1) or (2) of the Agreement and any rights or interests in Category II or III Land within the boundaries of Category IA Land or in buildings situated on that Category II or III Land shall be identified and depicted on the appropriate land registry plan to the extent possible based on the information that is available.

(8) Where a right or interest

1. in Category IA Land or in buildings situated thereon, other than those registered pursuant to the provisions of this Schedule B, or
2. in land other than Category IA Land or in buildings situated on land other than Category IA Land, is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered to the provisions of this Schedule B.

(9) For greater certainty, the identification and depiction of a right or interest pursuant to subsection (7) or (8) does not constitute registration of the right or interest to the provisions of this Schedule B.

(10) A copy of any land registry plan shall be maintained at the appropriate local land registry office and at the central land registry office.

Surveys of Category IA Land

18. (1) The central land registrar may submit a request to the Minister for a survey or resurvey pursuant to Part II of the Canada Lands Surveys Act^{Footnote 32} of all or any part of the Category IA Land of a Cree First Nation.

19. Nothing in this Schedule B prevents a person from arranging for a survey or resurvey of Category IA Land in accordance with Part II of the Canada Lands Surveys Act but the costs of such a survey or resurvey shall be the responsibility of that person.

Examination and Copies

20. (1) Any documents registered pursuant to the provisions of this Schedule B, index books, copies of land registry plans and copies of surveys that are kept at a land registry office and any documents referred to in section 36 that are deposited at a land registry office shall be available for examination during the hours of operation of the office, as set out in section 5.

Procedure for Registering Rights and Interests

21. A person who wishes to register a right or interest in the Category IA Land of a Cree First Nation or in a building situated thereon shall forward documents evidencing that right or interest to the local land registry office for the Cree First Nation or to the central land registry office.

Receipt of Document

22. A registrar of a land registry office shall record, in chronological order, in the entry book for the office, the following information in respect of each document received at that office pursuant to section 21,

1. the year, month, day and hour that the document was accepted for registration or rejected by the registrar;
2. the date of the document;
3. the name of each person who is a party to the document;
4. the nature of the right or interest evidenced in the document; and
5. the CRINA number, if any, of the right or interest evidenced in the document.

Rejection of Document

23. (1) Subject to subsections (3) to (5), a registrar of a land registry office shall reject a document forwarded to the land registry office pursuant to section 21 or paragraph 24(1)(d) for the purpose of registering the right or interest evidenced by the document, if the document

1. is not dated;
2. does not identify each party to the document;
3. does not set out the address of each party to the document;
4. does not set out the nature of the right or interest evidenced in the document;
5. neither sets out the CRINA number of the right or interest evidenced in the document nor is accompanied by a sketch that clearly shows the boundaries of the land or the building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located;
6. in the case of a document that evidences a right or interest but does not set out the CRINA number of the right or interest, does not include in addition to a sketch referred to in paragraph (e), a metes and bounds description of the boundaries of the land or building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located;
7. is not signed and witnessed; or
8. in the case of a document evidencing a right or interest the granting or transfer of which requires the approval or consent of the electors of the appropriate Cree First Nation pursuant to the Cree Constitution,
   1. is not accompanied by a statement or certificate
      1. confirming that the grant or transfer has been approved or consented to by the electors of the Cree First Nation, and
      2. signed by the secretary of the Cree First Nation or by a person designated by a Cree First Nation Law to exercise the powers of the secretary of the Cree First Nation pursuant to the Cree Constitution, or
   2. does not refer to a statement or certificate, described in subparagraph (i) that has been registered pursuant to the provisions of this Schedule B or deposited pursuant to section 36.

Acceptance of Document

24. (1) Where a registrar accepts a document received pursuant to section 21, the registrar shall

1. stamp on the document the year, month, day and hour that the document was accepted for registration by the registrar;
2. make two certified copies of the document;
3. endorse and date the information referred to in paragraph (a); and
4. forthwith forward the document and one of the endorsed certified copies to the appropriate local land registry office or the central land registry office, as the case may be.

Receipt of Accepted Document

25. (1) Where a registrar of a land registry office receives a document and an endorsed certified copy of the document forwarded pursuant to paragraph 24(1)(d), the registrar shall record in chronological order in the entry book for the land registry office the following information in respect of the document:

1. the year, month and day that the document was accepted for confirmation of registration or rejected by the registrar;
2. the year, month, day and hour that the document was accepted under subsection 24(1) for registration; and
3. the information referred to in paragraphs 22(b) to (e).

Receipt of Confirmed Document

26. Where a registrar of a land registry office receives a confirmed document or certified copy pursuant to paragraph 25(3)(d), the registrar shall

1. assign a registration number to the document or certified copy; and
2. record in the entry book for the office,
   1. the registration number assigned pursuant to paragraph (a), and
   2. the registration number assigned pursuant to paragraph 25(3)(a) and the date, referred to in paragraph 25(3)(b), on which the registration of the document was confirmed.

Index Books

27. (1) In respect of each document the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of names:

1. the name and number of the appropriate Cree First Nation;
2. the name, in alphabetical order, of each person who is a party to the document;
3. the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar;
4. the date the document was accepted under subsection 24(1) for registration;
5. the date the registration of the document was confirmed under subsection 25(3);
6. the date of the document;
7. the nature of the right or interest evidenced in the document; and
8. the CRINA number of the right or interest evidenced in the document.

Land Registry Plan

28. A right or interest in Category IA Land or in buildings situated thereon that has been registered pursuant to the provisions of this Schedule B shall be identified on the appropriate land registry plan by its CRINA number and the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest shall be depicted on that land registry plan.

Priorities

29. (1) Subject to subsections (2) and (3), the priority of a right or interest the registration of which has been confirmed under subsection 25(3) shall be established by reference to the time at which the document was accepted under subsection 24(1) for registration.

Fully Registered Rights and Interests

30. (1) Where the registration of a right or interest has been confirmed under subsection 25(3) and

1. the territorial description of the right or interest is depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or
2. the appropriate local land registrar and the central land registrar are satisfied that the boundaries of the land or buildings, or both, that are the subject of the right or interest can be easily located on the ground,

(2) A right or interest that is fully registered pursuant to the provisions of this Schedule B shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan.

(3) Subject to subsection (4), the location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is fully registered pursuant to the provisions of this Schedule B shall be established by reference to the depiction of the right or interest on the relevant land registry plan.

(4) The depiction of a right or interest that is fully registered pursuant to the provisions of this Schedule B is not subject to an appeal pursuant to section 32 except where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest has been inaccurately depicted on a land registry plan.

(5) Where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of a fully registered right or interest has been inaccurately depicted on a land registry plan, the local land registrar shall notify the holders of any rights or interests that are affected by the inaccurate depiction and are registered pursuant to the provisions of this Schedule B and the registrars shall make a notation of the inaccuracy in the appropriate index books and on the relevant land registry plans.

(6) A notification to a holder pursuant to subsection (5) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest.

Provisionally Registered Rights and Interests

31. (1) Where the registration of a right or interest has been confirmed under subsection 25(3) but

1. the territorial description of the right or interest is not depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or
2. the appropriate local land registrar or the central land registrar is not satisfied that the boundaries of the land or building, or both, that are the subject of the right or interest can be easily located on the ground,

Appeal Notice

32. (1) Within 22 months after the provisional registration of a right or interest or at the time when a notification is given under subsection 30(5), as the case may be, the appropriate local land registrar and the central land registrar shall prominently display and make available for examination in their respective land registry offices the following documents, which shall remain displayed and available for 60 days:

1. a notice that sets out
   1. any provisionally registered right or interest the depiction of which on a land registry plan is subject to appeal,
   2. any fully registered right or interest the proposed revised depiction of which, on a land registry plan is subject to appeal because of an inaccuracy referred to in subsection 30(4),
   3. a statement to the effect that a written objection to the depiction of a right or interest may be forwarded to the appropriate local land registrar or the central land registrar within 60 days after the date of this notice,
   4. the procedure for filing an objection referred to in subparagraph (iii),
   5. a statement to the effect that a copy of the relevant land registry plan, that shows the rights and interests the depiction of which are subject to appeal, is available for examination in the appropriate local land registry office and in the central land registry office for a period of 60 days after the date of the notice, and
   6. the date, hour and place fixed for the hearing of the appeal by the local land registrar and the central land registrar; and
2. a copy of the relevant land registry plan that shows the rights and interests the depiction of which are subject to appeal.

Objection

33. (1) A person who wishes to make an objection referred to in subparagraph 32(1)(a)(iii) shall set out in the objection any reasons for the objection.

Decision

34. (1) The appropriate local land registrar and the central land registrar shall, in deciding an appeal respecting the depiction of a right or interest, take into account any inspection on the ground of the location of the boundaries of the right or interest, any objections received pursuant to subparagraph 32(1)(a)(iii) and any representations made at the hearing referred to in subparagraph 32(1)(a)(vi).

Depository

36. (1) A land registry office shall, for the purpose of facilitating the management and administration of Category IA Land and of buildings situated thereon, provide safekeeping services for the deposit of

1. documents referred to in section 13.9 and subsection 14.4(1) of the Agreement; and
2. non-registrable documents including notices of expropriation.

Rights and Interests — Deposited Documents

37. (1) Where a right or interest in Category IA Land or a building situated thereon evidenced by a document deposited pursuant to subsection 14.4(1) of the Agreement or under paragraph 36(1)(b) of this Schedule B is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to the provisions of this Schedule B.

Subject: Approval of Cree Nation Governance Agreement and Cree Constitution

WHEREAS on November 11, 1975, the Grand Council of the Crees (of Québec), the Northern Québec Inuit Association, the Government of Québec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydroélectrique de Québec (Hydro-Québec) and the Government of Canada entered into the James Bay and Northern Québec Agreement;

WHEREAS the James Bay and Northern Québec Agreement was approved, given effect and declared valid by the James Bay and Northern Québec Native Claims Settlement Act^{Footnote 33} and the Act approving the Agreement concerning James Bay and Northern Québec^{Footnote 34};

WHEREAS 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 Crees of Eeyou Istchee ("New Relationship Agreement");

WHEREAS Part 2 of Chapter 3 of the New Relationship Agreement sets out a process for negotiations leading to an agreement concerning Cree Nation governance ("Cree Nation Government Agreement");

WHEREAS it is appropriate to address in the Cree Nation Government Agreement arrangements concerning Cree local and regional government on Category IA lands, as well as certain provisions of the James Bay and Northern Québec Agreement relating to the land regime governing Category IA lands;

WHEREAS it is appropriate to enter into the Cree Nation Government Agreement with the Government of Canada as a nation-to-nation agreement which will provide for the modernization of the governance regime on Category IA lands 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;

WHEREAS the Cree Nation Government Agreement aims to promote greater autonomy and greater responsibility on the part of the Crees for governance on Category IA lands in the context of and in compliance with Section 9 of the James Bay and Northern Québec Agreement;

WHEREAS the Constitution Act, 1982^{Footnote 35} recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada, WHEREAS the inherent right of self-government is an existing Aboriginal right under section 35 of the Constitution Act, 1982;

WHEREAS Part 2 of Chapter 3 of the New Relationship Agreement also provides that the Cree Nation will develop a Constitution ("Cree Constitution"), which shall be effective as the fundamental law of the Cree Nation, shall be consistent with the Cree Nation Government Agreement and shall come into force at the same time as the Cree Nation Government Agreement;

WHEREAS it is appropriate to set out in the Cree Constitution arrangements regarding the exercise of the Cree right of self-government in relation to the administration and internal management of the Cree First Nations and the Cree Nation Government on Category IA lands;

WHEREAS the Cree Constitution is an instrument of internal self-government of the Cree Nation and is subject to its full control with regard both to its adoption and to its future amendment to take account of the context and changing conditions;