Canadian Energy Regulator Act

Marginal note:Consent of council of the band

• 317 (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection.

• Marginal note:For greater certainty

  (2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act.

• Marginal note:Consent of Governor in Council

  (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council:

  • (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;

  • (a.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or

  • (b) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act.

• Marginal note:Compensation

  (4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.