Marginal note:Duties of band
152. (1) A band shall deposit in the land registry office a copy of
(a) every grant by the band made pursuant to section 132,
(b) every authorization from the band referred to in subsection 111(2),
(c) every grant by the band referred to in paragraph 113(4)(b),
(d) every authorization by the band referred to in section 137,
(e) every land use plan or resource use plan adopted pursuant to subsection 46(1), and
(f) every zoning by-law made under section 47,
together with evidence of the approval of the electors of the band where such is required by this Act.
Marginal note:Validity not affected by non-compliance
(2) Failure of a band to comply with subsection (1) does not affect the validity of the grant, authorization, plan or by-law in question.
Marginal note:Deposit does not constitute registration
(3) For greater certainty, the deposit of a document under subsection (1) does not constitute registration of that document.
PART XIEXPROPRIATION BY BANDS
Marginal note:Rights and interests that a band may expropriate
153. Where regulations made under section 156 are in force, a band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA or IA-N land or in any building situated thereon, except for
(a) a right or interest of Canada or Quebec;
(b) a right conferred by section 114 or 115; and
(c) a servitude expropriated by an expropriating authority under Part VII.
Marginal note:Acquisition by mutual agreement
154. The right of a band to expropriate pursuant to this Part does not restrict any right that the band has under this Act to acquire, by mutual agreement, rights or interests in land or buildings.
155. A band shall, subject to and in accordance with regulations made under section 156, pay compensation to holders of rights or interests expropriated pursuant to this Part.
156. The Governor in Council may make regulations respecting substantive or procedural aspects of expropriations permitted by this Part, including, without limiting the generality of the foregoing, regulations 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
(c) contestation of
(i) the right of a band to expropriate,
(ii) the right of the expropriated party to compensation, and
(iii) the amount of compensation.
- Date modified: