Indian Act (R.S.C., 1985, c. I-5)

Act current to 2015-11-16 and last amended on 2015-04-02. Previous Versions

  •  (1) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 6]

  • Marginal note:Transferred member’s interest

    (2) A person who ceases to be a member of one band by reason of becoming a member of another band is not entitled to any interest in the lands or moneys held by Her Majesty on behalf of the former band, but is entitled to the same interest in common in lands and moneys held by Her Majesty on behalf of the latter band as other members of that band.

  • (3) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 6]

  • R.S., 1985, c. I-5, s. 16;
  • R.S., 1985, c. 32 (1st Supp.), s. 6.

New Bands

Marginal note:Minister may constitute new bands
  •  (1) The Minister may, whenever he considers it desirable,

    • (a) amalgamate bands that, by a vote of a majority of their electors, request to be amalgamated; and

    • (b) constitute new bands and establish Band Lists with respect thereto from existing Band Lists, or from the Indian Register, if requested to do so by persons proposing to form the new bands.

  • Marginal note:Division of reserves and funds

    (2) Where pursuant to subsection (1) a new band has been established from an existing band or any part thereof, such portion of the reserve lands and funds of the existing band as the Minister determines shall be held for the use and benefit of the new band.

  • Marginal note:No protest

    (3) No protest may be made under section 14.2 in respect of the deletion from or the addition to a Band List consequent on the exercise by the Minister of any of the Minister’s powers under subsection (1).

  • R.S., 1985, c. I-5, s. 17;
  • R.S., 1985, c. 32 (1st Supp.), s. 7.


Marginal note:Reserves to be held for use and benefit of Indians
  •  (1) Subject to this Act, reserves are held by Her Majesty for the use and benefit of the respective bands for which they were set apart, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which lands in a reserve are used or are to be used is for the use and benefit of the band.

  • Marginal note:Use of reserves for schools, etc.

    (2) The Minister may authorize the use of lands in a reserve for the purpose of Indian schools, the administration of Indian affairs, Indian burial grounds, Indian health projects or, with the consent of the council of the band, for any other purpose for the general welfare of the band, and may take any lands in a reserve required for those purposes, but where an individual Indian, immediately prior to the taking, was entitled to the possession of those lands, compensation for that use shall be paid to the Indian, in such amount as may be agreed between the Indian and the Minister, or, failing agreement, as may be determined in such manner as the Minister may direct.

  • R.S., c. I-6, s. 18.