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Naskapi and the Cree-Naskapi Commission Act

Version of section 120 from 2002-12-31 to 2018-03-28:


Marginal note:Expropriation of IA and IA-N land for public services or structures

  •  (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA or IA-N land or any building thereon, or may expropriate a servitude over any Category IA or IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

    • (a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities;

    • (b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services;

    • (c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications;

    • (d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and

    • (e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province.

  • Marginal note:Pipelines and transmission lines

    (2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if

    • (a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on

      • (i) Category III land,

      • (ii) Category II land, in the case of an expropriation of Category IA land or of a servitude over Category IA land, or

      • (iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land

      and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA or IA-N land, as the case may be; and

    • (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA or IA-N land, and, in the case of Category IA land, at least eight kilometres from such centre.

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