Naskapi and the Cree-Naskapi Commission Act

Marginal note:What may be expropriated

• 121 (1) Except as provided in subsections (2) and (3), an expropriating authority may expropriate only servitudes.

• Marginal note:Expropriation in full ownership where necessary

  (2) Where a service or structure mentioned in subsection 120(1) cannot be established without a taking of the full use and enjoyment of the Category IA or IA-N land, the expropriating authority may expropriate the land in full ownership.

• Marginal note:Expropriation in full ownership required in certain cases

  (3) Where the expropriation of a servitude for the establishment of a service or structure mentioned in subsection 120(1) would effectively prevent the use or enjoyment by the band or its members of the land on which the service or structure is to be established, the expropriating authority may not expropriate the servitude in question but may only expropriate the land in full ownership.