Marginal note:Sending of notices and other documents
3. (1) For the purposes of this Act, where any notice or other document or a copy thereof is required or authorized to be sent to a person other than the Minister or the Attorney General of Canada,
(a) the document or copy shall be sent to that person by being mailed by registered mail addressed to him at his latest known address or, if his address is unknown, by being published in at least one issue of a publication, if any, in general circulation within the area in which the land to which the document relates is situated; and
(b) the document or copy shall be deemed to have been sent to that person at the time when it was mailed or first published in accordance with paragraph (a).
(2) Where any objection or other document is to be served on the Minister, it shall be served on him by being left at, or by being sent by registered mail to, the office of the Minister, but if any such document is sent by registered mail to the office of the Minister service thereof shall be deemed not to be effected until it has been received at that office.
- R.S., c. 16(1st Supp.), s. 2.
Acquisition and Abandonment of Land
Marginal note:Authority to expropriate
4. (1) Any interest in land or immovable real right, including any of the interests or rights mentioned in sections 7 and 7.1, that, in the opinion of the Minister, is required by the Crown for a public work or other public purpose may be expropriated by the Crown in accordance with the provisions of this Part.
(2) No interest in land that is Category IA land or Category IA-N land, as defined in the Cree-Naskapi (of Quebec) Act, chapter 18 of the Statutes of Canada, 1984, may be expropriated under this Part without the consent of the Governor in Council.
(3) No interest in lands that are “Sechelt lands”, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986, may be expropriated under this Part without the consent of the Governor in Council.
(4) No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under this Part without the consent of the Governor in Council.
(5) No interest in Tetlit Gwich’in Yukon land may be expropriated under this Part without the consent of the Governor in Council.
Marginal note:Notice of intention
(6) Where an interest in land referred to in subsection (4) or (5) is to be expropriated, notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council, as the case may be, on completion of any public hearing and submission of a report to the Minister required by section 10 or, if no hearing is held, on the expiration of the period of thirty days referred to in section 9.
Definition of “Tetlit Gwich’in Yukon land”
(7) In this section, “Tetlit Gwich’in Yukon land” means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.
- R.S., 1985, c. E-21, s. 4;
- R.S., 1985, c. 20 (2nd Supp.), s. 2;
- 1994, c. 43, s. 84;
- 2011, c. 21, s. 128.
- Date modified: