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Canadian Energy Regulator Act

Version of section 317 from 2019-08-28 to 2022-06-22:


Marginal note:Consent of council of the band

  •  (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection.

  • Marginal note:For greater certainty

    (2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act.

  • Marginal note:Consent of Governor in Council

    (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council:

  • Marginal note:Compensation

    (4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.

  • 2019, c. 28, s. 10 “317”
  • 2018, c. 4, s. 135
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