CACERCanadian Energy Regulator Act, s. 317Primary legislationIn force

Consent of council of the band

Section 317 of the Canadian Energy Regulator Act requires pipeline companies to obtain consent from Indigenous band councils before taking possession of, using, or occupying reserve lands for pipeline construction. Companies must also obtain Governor in Council approval for certain designated lands (Category IA-N, Category IA, and shíshálh lands). Companies must provide compensation if reserve or designated lands are taken, used, occupied, or adversely affected by pipeline construction.

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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.

Source

https://laws-lois.justice.gc.ca/eng/acts/C-15.1/section-317.html

Canonical document at the regulator. Always cite this URL — not the Vantage detail page — in compliance evidence.

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