Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Marginal note:Where no compensation payable

123 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

Marginal note:Services deemed to be of direct benefit

• 124 (1) For the purposes of section 123, the following services or structures shall be deemed to be of direct benefit under that section:

  • (a) services expressly requested by the band from the expropriating authority;

  • (b) essential services for the use of the members of the band as a community;

  • (c) local services normally provided by a municipal or local government, including local roads, bridges, airports and other similar services; and

  • (d) local services normally provided by a public utility.

• Marginal note:Statement on expropriation notice

  (2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

• Marginal note:Idem

  (3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land.

• Marginal note:Disputes referrable to Administrative Tribunal of Quebec

  (4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration.

• Marginal note:Burden of proof on expropriating authority

  (5) In any disagreement referred to in subsection (4), the burden of proof lies on the expropriating authority.

• Marginal note:Factors to be considered

  (6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band.

Marginal note:Rules governing compensation wholly or partly in land

• 125 (1) Where the band is entitled to be compensated with land under paragraph 116(4)(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply:

  • (a) as soon as possible after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the band shall indicate to the expropriating authority its preference as to the selection of replacement land, which preference must have been agreed to by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter;

  • (b) if the selection of replacement land proposed by the band under paragraph (a) is not acceptable to Quebec, Quebec shall, taking into account the preference of the band as expressed under that paragraph, propose to the band alternative replacement land that

    • (i) is Category III land,

    • (ii) is adjacent to Category IA-N land of the band, and

    • (iii) is double the area of, and has characteristics reasonably similar to those of the expropriated land;

  • (c) the band may select from the alternative replacement land proposed by Quebec under paragraph (b) an area of land equal to the area of the expropriated land, and such selection must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter;

  • (d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% of the electors voted on the matter; and

  • (e) where no agreement is reached between Quebec and the band as to the selection of replacement land within one hundred and twenty days after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the compensation to the band shall be in the form of money instead of replacement land, and where the parties cannot agree on the amount of money, which amount must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter, section 127 applies.

• (2) [Repealed, 2018, c. 4, s. 74]

Marginal note:Reclassification of expropriated land that is no longer required

126 Where

• (a) the band has been compensated with replacement land pursuant to paragraph 116(4)(a) or subsection 122(2) or (4), or

• (b) no compensation was paid to the band pursuant to section 123,

and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification.

Marginal note:Determination of amount of money compensation referrable to Administrative Tribunal of Quebec

127 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration.

Marginal note:When work may begin on service or structure

128 In any expropriation under this Part, the establishment of the service or structure or the commencement of construction related thereto may proceed after sixty days from service of the expropriation notice (where the band has not contested the right to expropriate) or from the final judgment on the right to expropriate (where the band has contested that right), even if negotiations concerning compensation have not been concluded.

Marginal note:When expropriated land ceases to be Category IA-N land

129 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land

• (a) in the case where the band is not entitled to any compensation, as of the later of the two following dates:

  • (i) the date of the final judgment on the contestation of the right to expropriate or, where there is no such contestation, as of the day following the last day on which a motion of contestation may be presented, and

  • (ii) where the band claims a right to compensation, the date of the final judgment declaring that the band is not entitled to any compensation;

• (b) in the case where the band is entitled to compensation in money, or elects pursuant to subsection 122(4) to be compensated in money, the day on which an agreement respecting compensation is concluded or, where there is no agreement as to compensation, as of the date of the final judgment on the amount of compensation pursuant to section 127;

• (c) in the case where the band is entitled to compensation in the form of land, or where the band elects pursuant to subsection 122(4) to be compensated entirely in land, the latest of the following days:

  • (i) the day on which Canada sets aside the replacement land as Category IA-N land of the band,

  • (ii) the day on which an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and

  • (iii) the day of the final judgment on the amount of money compensation, where there has been no agreement on money compensation under paragraph 125(1)(e); or

• (d) in the case where the band elects, pursuant to subsection 122(4), to take compensation partly in the form of land and partly in money, the latest of the following days:

  • (i) the day on which Canada sets aside replacement land as Category IA-N land of the band,

  • (ii) the day on which an agreement on money compensation is concluded,

  • (iii) the day on which, failing an agreement as to replacement land, an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and

  • (iv) the day of the final judgment on the amount of money compensation, where the amount of money compensation is not agreed on.

PART VIIIDispositions of Rights and Interests in Category IA-N Land and Buildings

Marginal note:Definitions

• 130 (1) In this Part,

  lease

  lease does not include an emphyteutic lease; (bail)

  transfer

  transfer means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession. (transfert)

• Marginal note:Deemed transfer of corporation’s right or interest

  (2) For the purposes of this Part, where a corporation holds a right or interest in Category IA-N land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred.

• Marginal note:Civil Codes

  (3) In construing the nature and extent of the rights and interests listed in subsection 132(1), reference shall be had to the Civil Code of Quebec and the Civil Code of Lower Canada to the extent that they are not inconsistent with this Act or with the provisions of the grant of that right or interest.

Marginal note:Quebec landlord and tenant law

131 Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA-N land.

Marginal note:Grants by band

• 132 (1) The band may, subject to this Part, grant

  • (a) with respect to its Category IA-N land, a lease, usufruct, servitude, superficie or other right of use or occupation; and

  • (b) with respect to its buildings on its Category IA-N land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the band described in subsection 193(3), a hypothec or other charge.

• Marginal note:Maximum term of land grant

  (2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years.

• Marginal note:Band elector approval for non-residential grants in land over 10 years

  (3) A grant for a term of ten years or more made under paragraph (1)(a) for non-residential purposes has no effect unless approved by the electors of the band at a special band meeting or referendum at which

  • (a) at least ten per cent of the electors of the band voted on the matter, in the case of a grant for a term of less than twenty-five years; or

  • (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of a grant for a term of twenty-five years or more.

• Marginal note:How term computed

  (4) For the purposes of subsections (2) and (3), any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant.