Naskapi and the Cree-Naskapi Commission Act

Marginal note:Grants by band

• 132 (1) A band may, subject to this Part, grant

  • (a) with respect to its Category IA or 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 or 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.

• Marginal note:Maximum term of land grant

  (2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years.

• Marginal note: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.

• Marginal note: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.