Naskapi and the Cree-Naskapi Commission Act

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

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