Naskapi and the Cree-Naskapi Commission Act
Marginal note:Expropriation of IA and IA-N land for public services or structures
120 (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.
- Date modified: