Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Mineral, Subsurface and Mining Rights

Marginal note:Mineral and subsurface rights

• 113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land.

• Marginal note:Consent and compensation requirements

  (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the band may be granted or exercised and no mineral or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band.

• Marginal note:Exception

  (3) A holder of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title.

• (3.1) [Repealed, 2018, c. 4, s. 64]

• Marginal note:Where approval required at band meeting

  (4) The following require approval 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:

  • (a) the giving by the band of the consent referred to in subsection (2);

  • (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and

  • (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2).

114 [Repealed, 2018, c. 4, s. 65]

Marginal note:Holders of prior rights or titles to minerals

115 A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his or her right or title.

Marginal note:Manner in which rights must be exercised

• 116 (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

• (1.1) and (2) [Repealed, 2018, c. 4, s. 66]

• Marginal note:Manner in which rights must be exercised

  (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes.

• Marginal note:Compensation to band

  (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band

  • (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or

  • (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases.

• Marginal note:Procedure re replacement land

  (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require.

Pre-Existing Rights and Interests on Category IA-N Land

• 117 (1) and (1.1) [Repealed, 2018, c. 4, s. 68]

• Marginal note:Certain pre-existing rights on IA-N land to continue until expiry

  (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period.

• (3) and (3.1) [Repealed, 2018, c. 4, s. 68]

• Marginal note:Previously held rights and interests

  (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band,

  • (a) in Category IA-N land,

  • (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

  • (c) in a building situated on land described in paragraph (a) or (b),

  the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period.

• (5) and (5.1) [Repealed, 2018, c. 4, s. 68]

• Marginal note:Previous possession or occupation

  (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band,

  • (a) Category IA-N land,

  • (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or

  • (c) a building owned by that band and situated on land described in paragraph (a) or (b),

  but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors.

• Marginal note:Certain restrictions applicable

  (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6).

PART VIIExpropriation of Category IA-N Land by Quebec

Marginal note:Definition of expropriating authority

118 In this Part, expropriating authority means

• (a) Quebec; or

• (b) any public body having the power of expropriation under the laws of the Province and specifically authorized by Quebec to carry out the expropriation in question.

Marginal note:Expropriations

• 119 (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part.

• Marginal note:Quebec Expropriation Act

  (2) The Expropriation Act (Quebec) applies to expropriations under this Part, except to the extent that it is inconsistent with or in conflict with this Act, in which case this Act prevails to the extent of the inconsistency or conflict.

Marginal note:Expropriation for public services or structures

• 120 (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:

  • (a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities;

  • (b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services;

  • (c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications;

  • (d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and

  • (e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province.

• Marginal note:Pipelines and transmission lines

  (2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if

  • (a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on

    • (i) Category III land, or

    • (ii) [Repealed, 2018, c. 4, s. 70]

    • (iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land

    and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and

  • (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land.

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-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.

Marginal note:Band entitled to compensation

• 122 (1) Subject to section 123, the band is entitled to compensation from the expropriating authority in accordance with this section.

• Marginal note:Compensation in land

  (2) The band is entitled to be compensated with an equal area of land where the expropriation is for a purpose mentioned in paragraph 120(1)(d).

• Marginal note:Compensation in money

  (3) The band is entitled to be compensated in money in respect of an expropriation of a servitude for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the amount of compensation 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.

• Marginal note:Compensation in land or money or both

  (4) The band is entitled to be compensated with an equal area of land or in money, or partly with land and partly in money, at the band’s option, in respect of land expropriated in full ownership for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the type and amount of compensation 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.

• Marginal note:Compensation in money

  (5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec).