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First Nations Land Management Act

Version of section 29 from 2002-12-31 to 2008-01-31:
 


Marginal note:Expropriation by Her Majesty

  • 29 (1) An interest in first nation land may be expropriated by Her Majesty for the use of a federal department or agency and with the consent and by order of the Governor in Council.

  • Marginal note:Consent of Governor in Council

    (2) The Governor in Council may consent to an expropriation only if it is justifiable and necessary for a federal public purpose that serves the national interest.

  • Marginal note:Matters to be considered

    (3) The Governor in Council may consent to an expropriation only if the Governor in Council is satisfied that, in addition to any other legal requirements that may apply, the following requirements have been met:

    • (a) there is no other reasonably feasible alternative to the expropriation, such as the use of land that is not first nation land;

    • (b) reasonable efforts have been made to acquire the interest through agreement with the first nation;

    • (c) the most limited interest necessary is expropriated for the shortest time possible; and

    • (d) information relevant to the expropriation is provided to the first nation.

  • Marginal note:Report to be made public

    (4) Before the Governor in Council consents to the expropriation, the department or agency referred to in subsection (1) shall provide to the first nation, and make available to the public, a report stating the justifications for the expropriation and describing the steps taken to satisfy the requirements of subsection (3).

  • Marginal note:Disputes

    (5) If a first nation objects to a proposed expropriation, it may, within sixty days after the report has been made public, refer the matter to a neutral evaluator in accordance with the Framework Agreement.

  • Marginal note:Time of consent

    (6) The Governor in Council may not consent to the expropriation before the expiration of the period referred to in subsection (5) or, if the first nation has referred the matter to a neutral evaluator, before the neutral evaluator has reported on the matter.


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