Naskapi and the Cree-Naskapi Commission Act

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 a band from the expropriating authority;

  • (b) essential services for the use of the members of a 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 or 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 or 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 or IA-N land.

• Marginal note:Disputes referrable to Tribunal de l’expropriation du Québec

  (4) Where a 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 or 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 Tribunal de l’expropriation du Québec, 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 a band as a community or to a significant portion of the band’s Category IA or 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 or IA-N land of the band.