Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Act current to 2020-07-15 and last amended on 2019-07-15. Previous Versions

PART VIIExpropriation of Category IA-N Land by Quebec (continued)

Marginal note:What may be expropriated

  •  (1) Except as provided in subsections (2) and (3), an expropriating authority may expropriate only servitudes.

  • Marginal note:Expropriation in full ownership where necessary

    (2) Where a service or structure mentioned in subsection 120(1) cannot be established without a taking of the full use and enjoyment of the Category IA-N land, the expropriating authority may expropriate the land in full ownership.

  • Marginal note:Expropriation in full ownership required in certain cases

    (3) Where the expropriation of a servitude for the establishment of a service or structure mentioned in subsection 120(1) would effectively prevent the use or enjoyment by the band or its members of the land on which the service or structure is to be established, the expropriating authority may not expropriate the servitude in question but may only expropriate the land in full ownership.

  • 1984, c. 18, s. 121
  • 2018, c. 4, s. 123

Marginal note:Band entitled to compensation

  •  (1) Subject to section 123, the band is entitled to compensation from the expropriating authority in accordance with this section.

  • Marginal note:Compensation in land

    (2) The band is entitled to be compensated with an equal area of land where the expropriation is for a purpose mentioned in paragraph 120(1)(d).

  • Marginal note:Compensation in money

    (3) The band is entitled to be compensated in money in respect of an expropriation of a servitude for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the amount of compensation must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter.

  • Marginal note:Compensation in land or money or both

    (4) The band is entitled to be compensated with an equal area of land or in money, or partly with land and partly in money, at the band’s option, in respect of land expropriated in full ownership for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the type and amount of compensation must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter.

  • Marginal note:Compensation in money

    (5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).

  • 1984, c. 18, s. 122
  • 2018, c. 4, ss. 71, 122(E)

Marginal note:Where no compensation payable

 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

  • 1984, c. 18, s. 123
  • 2018, c. 4, s. 72

Marginal note:Services deemed to be of direct benefit

  •  (1) For the purposes of section 123, the following services or structures shall be deemed to be of direct benefit under that section:

    • (a) services expressly requested by the band from the expropriating authority;

    • (b) essential services for the use of the members of the band as a community;

    • (c) local services normally provided by a municipal or local government, including local roads, bridges, airports and other similar services; and

    • (d) local services normally provided by a public utility.

  • Marginal note:Statement on expropriation notice

    (2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

  • Marginal note:Idem

    (3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

  • Marginal note:Disputes referrable to Administrative Tribunal of Quebec

    (4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration.

  • Marginal note:Burden of proof on expropriating authority

    (5) In any disagreement referred to in subsection (4), the burden of proof lies on the expropriating authority.

  • Marginal note:Factors to be considered

    (6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band.

  • 1984, c. 18, s. 124
  • 2018, c. 4, ss. 73, 122(E)

Marginal note:Rules governing compensation wholly or partly in land

  •  (1) Where the band is entitled to be compensated with land under paragraph 116(4)(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:

    • (a) as soon as possible after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the band shall indicate to the expropriating authority its preference as to the selection of replacement land, which preference must have been agreed to by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter;

    • (b) if the selection of replacement land proposed by the band under paragraph (a) is not acceptable to Quebec, Quebec shall, taking into account the preference of the band as expressed under that paragraph, propose to the band alternative replacement land that

      • (i) is Category III land,

      • (ii) is adjacent to Category IA-N land of the band, and

      • (iii) is double the area of, and has characteristics reasonably similar to those of the expropriated land;

    • (c) the band may select from the alternative replacement land proposed by Quebec under paragraph (b) an area of land equal to the area of the expropriated land, and such selection must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter;

    • (d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and

    • (e) where no agreement is reached between Quebec and the band as to the selection of replacement land within one hundred and twenty days after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the compensation to the band shall be in the form of money instead of replacement land, and where the parties cannot agree on the amount of money, which amount must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter, section 127 applies.

  • (2) [Repealed, 2018, c. 4, s. 74]

  • 1984, c. 18, s. 125
  • 2018, c. 4, s. 74

Marginal note:Reclassification of expropriated land that is no longer required

 Where

  • (a) the band has been compensated with replacement land pursuant to paragraph 116(4)(a) or subsection 122(2) or (4), or

  • (b) no compensation was paid to the band pursuant to section 123,

and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification.

  • 1984, c. 18, s. 126
  • 2018, c. 4, s. 75
 
Date modified: