Consent of council of the band

Consent of council of the band

317 (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection. (2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act. (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council: (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; (a.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or (b) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act. (4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.