Naskapi and the Cree-Naskapi Commission Act

Marginal note:Mineral and subsurface rights

• 113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA and IA-N land.

• Marginal note:Consent and compensation requirements

  (2) Subject to subsections (3) and (3.1), after November 11, 1975 (in the case of Category IA land other than land referred to in subsection 114(2)), on or after the day on which the Oujé-Bougoumou Band Complementary Agreement came into force (in the case of Category IA land referred to in subsection 114(2)) or after January 31, 1978 (in the case of Category IA-N land) no mineral right or subsurface right on Category IA or IA-N land of a band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.

• Marginal note:Exception

  (3) A holder of an exploration permit described in subsection 114(1) or of a right or title described in subsections 115(1) and (2) may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsections 116(2) and (4), explore for and exploit minerals on adjacent Category IA or IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

• Marginal note:Exception

  (3.1) A holder of an exploration permit described in subsection 114(2) or of a right or title described in subsection 115(1.1) may, without the consent and payment referred to in subsection (2) but subject to subsection 116(1.1) and the payment of compensation as set out in subsection 116(2), explore for and exploit minerals on adjacent Category IA land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

• Marginal note:Where approval required at band meeting

  (4) The following require approval by the electors of a band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter:

  • (a) the giving by the band of the consent referred to in subsection (2);

  • (b) a grant by the band of a right or interest in its Category IA or IA-N land in connection with the giving of the consent referred to in subsection (2); and

  • (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2).