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

Act current to 2020-09-09 and last amended on 2019-07-15. Previous Versions

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

Marginal note:Determination of amount of money compensation referrable to Administrative Tribunal of Quebec

 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration.

  • 1984, c. 18, s. 127
  • 2018, c. 4, s. 75

Marginal note:When work may begin on service or structure

 In any expropriation under this Part, the establishment of the service or structure or the commencement of construction related thereto may proceed after sixty days from service of the expropriation notice (where the band has not contested the right to expropriate) or from the final judgment on the right to expropriate (where the band has contested that right), even if negotiations concerning compensation have not been concluded.

Marginal note:When expropriated land ceases to be Category IA-N land

 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land

  • (a) in the case where the band is not entitled to any compensation, as of the later of the two following dates:

    • (i) the date of the final judgment on the contestation of the right to expropriate or, where there is no such contestation, as of the day following the last day on which a motion of contestation may be presented, and

    • (ii) where the band claims a right to compensation, the date of the final judgment declaring that the band is not entitled to any compensation;

  • (b) in the case where the band is entitled to compensation in money, or elects pursuant to subsection 122(4) to be compensated in money, the day on which an agreement respecting compensation is concluded or, where there is no agreement as to compensation, as of the date of the final judgment on the amount of compensation pursuant to section 127;

  • (c) in the case where the band is entitled to compensation in the form of land, or where the band elects pursuant to subsection 122(4) to be compensated entirely in land, the latest of the following days:

    • (i) the day on which Canada sets aside the replacement land as Category IA-N land of the band,

    • (ii) the day on which an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and

    • (iii) the day of the final judgment on the amount of money compensation, where there has been no agreement on money compensation under paragraph 125(1)(e); or

  • (d) in the case where the band elects, pursuant to subsection 122(4), to take compensation partly in the form of land and partly in money, the latest of the following days:

    • (i) the day on which Canada sets aside replacement land as Category IA-N land of the band,

    • (ii) the day on which an agreement on money compensation is concluded,

    • (iii) the day on which, failing an agreement as to replacement land, an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and

    • (iv) the day of the final judgment on the amount of money compensation, where the amount of money compensation is not agreed on.

  • 1984, c. 18, s. 129
  • 2018, c. 4, ss. 76, 123

PART VIIIDispositions of Rights and Interests in Category IA-N Land and Buildings

Marginal note:Definitions

  •  (1) In this Part,

    lease

    lease does not include an emphyteutic lease; (bail)

    transfer

    transfer means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession. (transfert)

  • Marginal note:Deemed transfer of corporation’s right or interest

    (2) For the purposes of this Part, where a corporation holds a right or interest in Category IA-N land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred.

  • Marginal note:Civil Codes

    (3) In construing the nature and extent of the rights and interests listed in subsection 132(1), reference shall be had to the Civil Code of Quebec and the Civil Code of Lower Canada to the extent that they are not inconsistent with this Act or with the provisions of the grant of that right or interest.

  • 1984, c. 18, s. 130
  • 2018, c. 4, s. 123

Marginal note:Quebec landlord and tenant law

 Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA-N land.

  • 1984, c. 18, s. 131
  • 2018, c. 4, s. 123

Marginal note:Grants by band

  •  (1) The band may, subject to this Part, grant

    • (a) with respect to its Category IA-N land, a lease, usufruct, servitude, superficie or other right of use or occupation; and

    • (b) with respect to its buildings on its Category IA-N land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the band described in subsection 193(3), a hypothec or other charge.

  • Marginal note:Maximum term of land grant

    (2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years.

  • Marginal note:Band elector approval for non-residential grants in land over 10 years

    (3) A grant for a term of ten years or more made under paragraph (1)(a) for non-residential purposes has no effect unless approved by the electors of the band at a special band meeting or referendum at which

    • (a) at least ten per cent of the electors of the band voted on the matter, in the case of a grant for a term of less than twenty-five years; or

    • (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of a grant for a term of twenty-five years or more.

  • Marginal note:How term computed

    (4) For the purposes of subsections (2) and (3), any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant.

  • 1984, c. 18, s. 132
  • 2018, c. 4, ss. 122(E), 123

Marginal note:Grants to be in writing

 A grant made or authorization given under this Part has no effect unless it is made in writing by the band and accepted in writing by the person to whom it is given.

Marginal note:Freedom of contract

  •  (1) A grant made or authorization given under this Part may contain any terms and conditions not inconsistent with this Act.

  • Marginal note:Implied terms where grant silent

    (2) Unless otherwise provided in writing in a grant made under this Part,

    • (a) the term of a grant for non-residential purposes shall be deemed to be one year, except in the case of a grant of ownership or co-ownership of a building;

    • (b) the term of a grant for residential purposes made to an individual shall be deemed to be fifty years, except in the case of a grant of ownership or co-ownership of a building;

    • (c) the band may terminate the right or interest granted after non-use by the grantee of the right or interest for a continuous period of five years;

    • (d) the right or interest granted includes such ancillary rights as are necessary for the reasonable exercise of the right or interest granted; and

    • (e) the right or interest granted does not include

      • (i) the right of accession,

      • (ii) the right to renew the term of the grant,

      • (iii) the right to reside,

      • (iv) in the case of a right or interest in land,

        • (A) the right to subsequently transfer the right or interest or any part thereof to another person, and

        • (B) the right to construct or own a building on the land or otherwise have a building located on the land, except in the case of a grant of superficie, and

      • (v) in the case of a right or interest in a building originally granted by the band for non-residential purposes, the right to subsequently transfer that right or interest or any part thereof to another person.

 
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