Naskapi and the Cree-Naskapi Commission Act

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).