First Nations Land Management Act

Version of section 31 from 2008-02-01 to 2012-06-28:

Marginal note:Compensation
  •  (1) Where an interest or right in first nation land is expropriated by Her Majesty, compensation shall be provided to the first nation consisting of

    • (a) land that, when accepted by that first nation, will become first nation land; and

    • (b) any additional compensation required to achieve the total compensation determined under subsection (3).

  • Marginal note:Land of a lesser area

    (2) Land provided to a first nation as compensation may be of an area that is less than the area of the land in which an interest or right has been expropriated if the total area of the land comprised in a reserve of the first nation is not less following the expropriation than at the coming into force of its land code.

  • Marginal note:Determination of compensation

    (3) The total compensation shall be determined taking into account the following factors:

    • (a) the market value of the expropriated interest or right or of the land in which an interest or right has been expropriated;

    • (b) the replacement value of any improvement to the land;

    • (c) any expenses or losses resulting from a disturbance attributable to the expropriation;

    • (d) any reduction in the value of any interest or right in first nation land that is not expropriated;

    • (e) any adverse effect on any cultural or other special value of the land to the first nation; and

    • (f) the value of any special economic advantage arising out of or incidental to the occupation or use of the land to the extent that that value is not otherwise compensated.

  • Marginal note:Interest

    (4) Interest is payable on compensation from the effective date of an expropriation at the prejudgment interest rate that is paid in civil proceedings in the superior court of the province in which the land is situated.

  • Marginal note:Dispute

    (5) If an agreement on compensation cannot be reached, the first nation or the expropriating department or agency may refer the matter to an arbitrator in accordance with the Framework Agreement.

  • Marginal note:Limit

    (6) Any claim or encumbrance in respect of an interest expropriated by Her Majesty may only be made or discharged against the compensation paid under this section. In Quebec, any right, charge or claim in respect of a right expropriated by Her Majesty may only be made or discharged against the compensation paid under this section.

  • 1999, c. 24, s. 31;
  • 2007, c. 17, s. 14.
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