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Naskapi and the Cree-Naskapi Commission Act

Version of section 116 from 2014-05-15 to 2018-03-28:


Marginal note:Manner in which rights must be exercised

  •  (1) The rights conferred by subsections 113(3), 114(1) and 115(1) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on November 11, 1975, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • Marginal note:Manner in which rights must be exercised

    (1.1) The rights conferred by subsections 113(3.1), 114(2) and 115(1.1) may not be exercised otherwise than in accordance with Division V of Chapter IV of the Mining Act, R.S.Q., c. M-13.1, as it read on October 22, 1999, or, if it is amended after that day, as it read on the day on which the Oujé-Bougoumou Band Complementary Agreement came into force, except that any expropriation that is required for the purpose of exercising those rights must be restricted to the acquisition of temporary servitudes.

  • Marginal note:Compensation to band

    (2) Where Category IA land is used pursuant to subsection 113(3) or (3.1), section 114 or subsection 115(1) or (1.1), compensation shall be paid to the Cree band in question

    • (a) in the form of an equal area of land, where the Category IA land is used for a purpose other than exploration; or

    • (b) where the Category IA land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

  • Marginal note:Manner in which rights must be exercised

    (3) The right conferred by subsection 115(2) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

  • Marginal note:Compensation to band

    (4) Where Category IA-N land is used pursuant to subsection 113(3) or 115(2), compensation shall be paid to the Naskapi band

    • (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or

    • (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

  • Marginal note:Procedure re replacement land

    (5) Where compensation is payable under paragraph (2)(a) or paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

  • 1984, c. 18, s. 116
  • 2009, c. 12, s. 20
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