Expropriation Act

Marginal note:Authority to expropriate

• 4 (1) Any interest in land or immovable real right, including any of the interests or rights mentioned in sections 7 and 7.1, that, in the opinion of the Minister, is required by the Crown for a public work or other public purpose may be expropriated by the Crown in accordance with the provisions of this Part.

• Marginal note:Exception

  (2) No interest in land that is Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, may be expropriated under this Part without the consent of the Governor in Council.

• Marginal note:Exception

  (2.1) No interest in land that is Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, may be expropriated under this Part without the consent of the Governor in Council.

• Marginal note:Exception

  (3) No right or interest in lands that are shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, may be expropriated under this Part without the consent of the Governor in Council.

• Marginal note:Exception

  (4) No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under this Part without the consent of the Governor in Council.

• Marginal note:Exception

  (5) No interest in Tetlit Gwich’in Yukon land may be expropriated under this Part without the consent of the Governor in Council.

• Marginal note:Notice of intention

  (6) Where an interest in land referred to in subsection (4) or (5) is to be expropriated, notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council, as the case may be, on completion of any public hearing and submission of a report to the Minister required by section 10 or, if no hearing is held, on the expiration of the period of thirty days referred to in section 9.

• Marginal note:Definition of Tetlit Gwich’in Yukon land

  (7) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.