Marginal note:No prescription
140. No right or interest in Category IA or IA-N land may be acquired by prescription.
PART IXCESSIONS BY BANDS
141. (1) In this Part,
« abandon »
“cession” means the ceding of the whole of the rights and interests of a band in or on any of its Category IA or IA-N land;
« enregistré »
“registered” means registered in the land registry system referred to in Part X.
Marginal note:Granting of rights or interests under other Parts of Act
(2) For greater certainty, the granting of rights or interests by a band in its Category IA or IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part.
Marginal note:Cessions by band
142. (1) A band may make a cession, but only to Quebec and only in accordance with this Part.
Marginal note:Conditional or unconditional cession
(2) A cession may either be unconditional or may be subject to such terms and conditions as are contained in the Instrument of Cession.
Marginal note:Requirements for valid cession
143. (1) A cession is not valid unless
(a) it is approved by the band in accordance with section 144;
(b) an Instrument of Cession is executed by the band in accordance with paragraph 146(b);
(c) the statement and document referred to in paragraphs 146(a) and (b) have been submitted to the Minister in accordance with section 146;
(d) the Governor in Council passes an order in council in accordance with section 147 transferring to Quebec the administration, management and control of the land described in the Instrument of Cession; and
(e) Quebec 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,
(i) accepted the cession in accordance with the terms and conditions specified in the Instrument of Cession, and
(ii) accepted the transfer from Canada of the administration, management and control of the land described in the Instrument of Cession.
Marginal note:Effective date of a cession
(2) The effective date of a cession is the date on which Quebec accepts the cession and the transfer of the administration, management and control pursuant to paragraph (1)(e), unless a later date is specified in the Instrument of Cession, in which case the effective date of the cession is that later date.
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