Naskapi and the Cree-Naskapi Commission Act

Marginal note:Rules governing compensation wholly or partly in land

• 125 (1) Where a band is entitled to be compensated with land under paragraph 116(2)(a), 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

      • (A) Category II land of the band or Category III land, in the case of a Cree band, or

      • (B) Category III land, in the case of the Naskapi band,

    • (ii) is adjacent to Category IA or IA-N land of the band, as the case may be, 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 or IA-N land of the band, as the case may be, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least twenty-five per cent 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.

• Marginal note:Replacement of Category II land

  (2) Where, pursuant to clause (1)(b)(i)(A), Category II land is offered by Quebec and accepted by the band, that Category II land shall itself be replaced in accordance with section 74 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).