GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Naskapi and the Cree-Naskapi Commission Act — C-45.7 125
Rules governing compensation wholly or partly in land 125 (1) Where the band is entitled to be compensated with land under 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 Category III land, (ii) is adjacent to Category IA-N land of the band, 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-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or referendum at which at least 25% 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. (2) [Repealed, 2018, c. 4, s. 74] 1984, c. 18, s. 125; 2018, c. 4, s. 74
Naskapi and the Cree-Naskapi Commission Act — C-45.7 126
Reclassification of expropriated land that is no longer required 126 Where (a) the band has been compensated with replacement land pursuant to paragraph 116(4)(a) or subsection 122(2) or (4), or (b) no compensation was paid to the band pursuant to section 123, and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification. 1984, c. 18, s. 126; 2018, c. 4, s. 75
Naskapi and the Cree-Naskapi Commission Act — C-45.7 127
Determination of amount of money compensation referrable to Administrative Tribunal of Quebec 127 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration. 1984, c. 18, s. 127; 2018, c. 4, s. 75
Naskapi and the Cree-Naskapi Commission Act — C-45.7 128
When work may begin on service or structure 128 In any expropriation under this Part, the establishment of the service or structure or the commencement of construction related thereto may proceed after sixty days from service of the expropriation notice (where the band has not contested the right to expropriate) or from the final judgment on the right to expropriate (where the band has contested that right), even if negotiations concerning compensation have not been concluded.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 129
When expropriated land ceases to be Category IA-N land 129 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category 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-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-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. 1984, c. 18, s. 129; 2018, c. 4, ss. 76, 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 130
Definitions 130 (1) In this Part, lease does not include an emphyteutic lease; ( bail ) transfer means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession. ( transfert ) Deemed transfer of corporation’s right or interest (2) For the purposes of this Part, where a corporation holds a right or interest in Category IA-N land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred. Civil Codes (3) In construing the nature and extent of the rights and interests listed in subsection 132(1), reference shall be had to the Civil Code of Quebec and the Civil Code of Lower Canada to the extent that they are not inconsistent with this Act or with the provisions of the grant of that right or interest. 1984, c. 18, s. 130; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7
lease does not include an emphyteutic lease; ( bail )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
transfer means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession. ( transfert )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 131
Quebec landlord and tenant law 131 Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA-N land. 1984, c. 18, s. 131; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 132
Grants by band 132 (1) The band may, subject to this Part, grant (a) with respect to its Category IA-N land, a lease, usufruct, servitude, superficie or other right of use or occupation; and (b) with respect to its buildings on its Category IA-N land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the band described in subsection 193(3), a hypothec or other charge. Maximum term of land grant (2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years. Band elector approval for non-residential grants in land over 10 years (3) A grant for a term of ten years or more made under paragraph (1)(a) for non-residential purposes has no effect unless approved by the electors of the band at a special band meeting or referendum at which (a) at least ten per cent of the electors of the band voted on the matter, in the case of a grant for a term of less than twenty-five years; or (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of a grant for a term of twenty-five years or more. How term computed (4) For the purposes of subsections (2) and (3), any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant. 1984, c. 18, s. 132; 2018, c. 4, ss. 122(E), 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 133
Grants to be in writing 133 A grant made or authorization given under this Part has no effect unless it is made in writing by the band and accepted in writing by the person to whom it is given.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 134
Freedom of contract 134 (1) A grant made or authorization given under this Part may contain any terms and conditions not inconsistent with this Act. Implied terms where grant silent (2) Unless otherwise provided in writing in a grant made under this Part, (a) the term of a grant for non-residential purposes shall be deemed to be one year, except in the case of a grant of ownership or co-ownership of a building; (b) the term of a grant for residential purposes made to an individual shall be deemed to be fifty years, except in the case of a grant of ownership or co-ownership of a building; (c) the band may terminate the right or interest granted after non-use by the grantee of the right or interest for a continuous period of five years; (d) the right or interest granted includes such ancillary rights as are necessary for the reasonable exercise of the right or interest granted; and (e) the right or interest granted does not include (i) the right of accession, (ii) the right to renew the term of the grant, (iii) the right to reside, (iv) in the case of a right or interest in land, (A) the right to subsequently transfer the right or interest or any part thereof to another person, and (B) the right to construct or own a building on the land or otherwise have a building located on the land, except in the case of a grant of superficie, and (v) in the case of a right or interest in a building originally granted by the band for non-residential purposes, the right to subsequently transfer that right or interest or any part thereof to another person.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 135
Commercial fisheries and outfitting operations 135 (1) A grant by the band relating to its Category IA-N land does not permit the grantee to use that land for (a) a commercial fishery, or (b) an outfitting operation within the meaning of An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec) unless explicit permission for such use is included in the terms of the grant or is subsequently given by the band. Approval of band electors required (2) Permission to use Category IA-N land for a purpose mentioned in paragraph (1)(a) or (b), whether included in the terms of the grant or subsequently given by the band, requires the approval of the electors of the band at a special band meeting or referendum at which (a) at least ten per cent of the electors of the band voted on the matter, in the case of permission for a period of less than twenty-five years; or (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of permission for a period of twenty-five years or more. 1984, c. 18, s. 135; 2018, c. 4, ss. 78, 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 137
Band approval for transfer of land originally granted for residential purposes 137 (1) Where a right or interest in land was originally granted by the band for residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest on any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently. Approval of electors for transfer of land originally granted for non-residential purpose (2) Where a right or interest in land was originally granted by the band for non-residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently, with the approval of the electors of the band at a special band meeting or referendum at which the same percentage of electors voted on the matter as would be required if the right or interest being transferred were being granted by the band under paragraph 132(1)(a). Approval for deemed transfer of corporation’s right or interest (3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation. 1984, c. 18, s. 137; 2018, c. 4, ss. 79(E), 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 138
Consultation requirements before certain projects undertaken 138 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project of a regional or provincial nature on the band’s Category IA-N land. 1984, c. 18, s. 138; 2009, c. 12, s. 22; 2018, c. 4, s. 80
Naskapi and the Cree-Naskapi Commission Act — C-45.7 139
Land to be allocated for community services 139 (1) The band shall allocate land necessary for community services provided by Quebec, its agents or mandataries, such as roads, schools, hospitals, police stations and other similar services. (1.1) [Repealed, 2018, c. 4, s. 81] Mode of allocation and fee (2) The allocation of land by the band pursuant to subsection (1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar. 1984, c. 18, s. 139; 2009, c. 12, s. 23; 2018, c. 4, ss. 81, 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 140
No prescription 140 No right or interest in Category IA-N land may be acquired by prescription. 1984, c. 18, s. 140; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 141
Definitions 141 (1) In this Part, cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; ( abandon ) registered means registered in the land registry system referred to in Part X. ( enregistré ) Granting of rights or interests under other Parts of Act (2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part. 1984, c. 18, s. 141; 2018, c. 4, s. 83
Naskapi and the Cree-Naskapi Commission Act — C-45.7
cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; ( abandon )
Naskapi and the Cree-Naskapi Commission Act — C-45.7
registered means registered in the land registry system referred to in Part X. ( enregistré )
Naskapi and the Cree-Naskapi Commission Act — C-45.7 142
Cessions by band 142 (1) The band may make a cession, but only to Quebec and only in accordance with this Part. Conditional or unconditional cession (2) A cession may either be unconditional or may be subject to such terms and conditions as are contained in the Instrument of Cession. 1984, c. 18, s. 142; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 143
Requirements for valid cession 143 (1) A cession is not valid unless (a) it is approved by the band in accordance with section 144; (b) an Instrument of Cession is executed by the band in accordance with paragraph 146(b); (c) the statement and document referred to in paragraphs 146(a) and (b) have been submitted to the Minister in accordance with section 146; (d) the Governor in Council passes an order in council in accordance with section 147 transferring to Quebec the administration, management and control of the land described in the Instrument of Cession; and (e) Quebec has, within six months of the date of the execution of the Instrument of Cession or such longer period as is specified in the Instrument of Cession, (i) accepted the cession in accordance with the terms and conditions specified in the Instrument of Cession, and (ii) accepted the transfer from Canada of the administration, management and control of the land described in the Instrument of Cession. Effective date of a cession (2) The effective date of a cession is the date on which Quebec accepts the cession and the transfer of the administration, management and control pursuant to paragraph (1)(e), unless a later date is specified in the Instrument of Cession, in which case the effective date of the cession is that later date.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 144
Cession must be approved by referendum 144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession. Notice of referendum (2) At least thirty days prior to the day fixed for a referendum in which a proposed cession is to be voted on, a notice described in subsection (3) (a) must be delivered to all holders of registered rights or interests in or on the land subject to the proposed cession by personal service or by registered mail to the holder’s address that is registered in the land registry office; and (b) must be posted on the band’s Category IA-N land at a public place designated by the band. Contents of notice (3) The notice referred to in subsection (2) must clearly state that a proposed cession is to be voted on in the referendum, and must clearly set out (a) the time and place of the referendum; (b) a reasonably accurate description of the land subject to the proposed cession; and (c) the principal terms and conditions of the proposed cession. 1984, c. 18, s. 144; 2018, c. 4, s. 84
Naskapi and the Cree-Naskapi Commission Act — C-45.7 145
Rights or interests 145 (1) The existence of rights or interests of persons other than the band in or on Category IA-N land, or in a building located thereon, does not in itself bar a cession of that land. Effect of cession on certain rights (2) Except as provided by any agreement to the contrary between the band and Quebec, all rights and interests in or on Category IA-N land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Quebec, are extinguished as of the effective date of the cession. Compensation for extinguished registered rights or interests (3) Holders of registered rights or interests in or on Category IA-N land, or in buildings located thereon, whose rights or interests have been extinguished by virtue of subsection (2) are entitled to fair compensation by the band for the value (as of the time of the delivery of the notice pursuant to paragraph 144(2)(a)) of the extinguished right or interest, and the amount of compensation, if not agreed on by the band and the holder of the right or interest, shall be determined in accordance with regulations made under Part XI as if that right or interest had been expropriated by the band. 1984, c. 18, s. 145; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 146
Documents that the band must submit to Minister 146 Where the band has approved a cession pursuant to section 144, it shall cause to be submitted to the Minister or to such person as is designated by the Minister, within twenty days after the date of the referendum in which the cession was approved or such longer period as may be authorized by the Minister, (a) a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein; and (b) a document specifically designated as an Instrument of Cession, in prescribed form, executed by at least two council members of the band, describing the cession that was approved in the referendum. 1984, c. 18, s. 146; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 147
Transfer to Quebec of administration, management and control 147 Where section 146 has been complied with, the Governor in Council shall, by order, transfer to Quebec the administration, management and control of the land described in the Instrument of Cession subject to any terms or conditions set out in the Instrument of Cession.
Naskapi and the Cree-Naskapi Commission Act — C-45.7 148
Effect of cession 148 As of the effective date of a cession, the land ceded ceases to be Category IA-N land. 1984, c. 18, s. 148; 2018, c. 4, s. 123
Naskapi and the Cree-Naskapi Commission Act — C-45.7 149
Land registry system 149 The band shall, within sixty days of the effective date of a cession, deposit the Instrument of Cession in the land registry office referred to in Part X, but non-compliance with this section does not affect the validity or effective date of the cession. 1984, c. 18, s. 149; 2018, c. 4, s. 122(E)
Naskapi and the Cree-Naskapi Commission Act — C-45.7 150
Enforceability of rights and interests 150 (1) A right or an interest in Category IA-N land or in a building situated thereon granted after the coming into force of this Part, other than (a) an authorization from the band referred to in subsection 111(2), (b) a right or interest granted by the band referred to in paragraph 113(4)(b), (c) a right conferred by section 115, and (d) a servitude expropriated by an expropriating authority under Part VII, is not enforceable against a third party unless it is registered in accordance with the regulations made under section 151, Enforceability of hypothecs (2) A hypothec granted after the coming into force of this Part on an interest in Category IA-N land or in a building situated thereon is not enforceable against that interest unless it is registered in accordance with the regulations made under section 151. 1984, c. 18, s. 150; 2018, c. 4, ss. 85, 122(E), 123