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Naskapi and the Cree-Naskapi Commission Act

Version of section 117 from 2018-03-29 to 2024-05-28:

  •  (1) and (1.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Certain pre-existing rights on IA-N land to continue until expiry

    (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period.

  • (3) and (3.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Previously held rights and interests

    (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

    • (a) in Category IA-N land,

    • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) in a building situated on land described in paragraph (a) or (b),

    the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

  • (5) and (5.1) [Repealed, 2018, c. 4, s. 68]

  • Marginal note:Previous possession or occupation

    (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

    • (a) Category IA-N land,

    • (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

    • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

    but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

  • Marginal note:Certain restrictions applicable

    (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6).

  • 1984, c. 18, s. 117
  • 2009, c. 12, s. 21
  • 2018, c. 4, s. 68

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