Marginal note:Cession must be approved by referendum
144. (1) A cession requires the approval of the electors of the band in a referendum in which at least sixty-five per cent of the electors of the band vote in favour of the cession.
Marginal note:Notice of referendum
(2) At least thirty days prior to the day fixed for a referendum in which a proposed cession is to be voted on, a notice described in subsection (3)
(a) must be delivered to all holders of registered rights or interests in or on the land subject to the proposed cession by personal service or by registered mail to the holder’s address that is registered in the land registry office; and
(b) must be posted on the band’s Category IA or IA-N land at a public place designated by the band.
Marginal note:Contents of notice
(3) The notice referred to in subsection (2) must clearly state that a proposed cession is to be voted on in the referendum, and must clearly set out
(a) the time and place of the referendum;
(b) a reasonably accurate description of the land subject to the proposed cession; and
(c) the principal terms and conditions of the proposed cession.
Marginal note:Rights or interests
145. (1) The existence of rights or interests of persons other than the band in or on Category IA or IA-N land, or in a building located thereon, does not in itself bar a cession of that land.
Marginal note:Effect of cession on certain rights
(2) Except as provided by any agreement to the contrary between the band and Quebec, all rights and interests in or on Category IA or IA-N land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Quebec, are extinguished as of the effective date of the cession.
Marginal note:Compensation for extinguished registered rights or interests
(3) Holders of registered rights or interests in or on Category IA or IA-N land, or in buildings located thereon, whose rights or interests have been extinguished by virtue of subsection (2) are entitled to fair compensation by the band for the value (as of the time of the delivery of the notice pursuant to paragraph 144(2)(a)) of the extinguished right or interest, and the amount of compensation, if not agreed on by the band and the holder of the right or interest, shall be determined in accordance with regulations made under Part XI as if that right or interest had been expropriated by the band.
Marginal note:Documents that the band must submit to Minister
146. Where a band has approved a cession pursuant to section 144, it shall cause to be submitted to the Minister or to such person as is designated by the Minister, within twenty days after the date of the referendum in which the cession was approved or such longer period as may be authorized by the Minister,
(a) a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein; and
(b) a document specifically designated as an Instrument of Cession, in prescribed form, executed by at least two council members of the band, describing the cession that was approved in the referendum.
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