Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-09-29 and last amended on 2013-04-01. Previous Versions

Marginal note:Children of band members

 A member of a band who resides on the reserve of the band may reside there with his dependent children or any children of whom the member has custody.

  • R.S., 1985, c. 32 (1st Supp.), s. 8.
Marginal note:Surveys and subdivisions

 The Minister may

  • (a) authorize surveys of reserves and the preparation of plans and reports with respect thereto;

  • (b) divide the whole or any portion of a reserve into lots or other subdivisions; and

  • (c) determine the location and direct the construction of roads in a reserve.

  • R.S., c. I-6, s. 19.

POSSESSION OF LANDS IN RESERVES

Marginal note:Possession of lands in a reserve
  •  (1) No Indian is lawfully in possession of land in a reserve unless, with the approval of the Minister, possession of the land has been allotted to him by the council of the band.

  • Marginal note:Certificate of Possession

    (2) The Minister may issue to an Indian who is lawfully in possession of land in a reserve a certificate, to be called a Certificate of Possession, as evidence of his right to possession of the land described therein.

  • Marginal note:Location tickets issued under previous legislation

    (3) For the purposes of this Act, any person who, on September 4, 1951, held a valid and subsisting Location Ticket issued under The Indian Act, 1880, or any statute relating to the same subject-matter, shall be deemed to be lawfully in possession of the land to which the location ticket relates and to hold a Certificate of Possession with respect thereto.

  • Marginal note:Temporary possession

    (4) Where possession of land in a reserve has been allotted to an Indian by the council of the band, the Minister may, in his discretion, withhold his approval and may authorize the Indian to occupy the land temporarily and may prescribe the conditions as to use and settlement that are to be fulfilled by the Indian before the Minister approves of the allotment.

  • Marginal note:Certificate of Occupation

    (5) Where the Minister withholds approval pursuant to subsection (4), he shall issue a Certificate of Occupation to the Indian, and the Certificate entitles the Indian, or those claiming possession by devise or descent, to occupy the land in respect of which it is issued for a period of two years from the date thereof.

  • Marginal note:Extension and approval

    (6) The Minister may extend the term of a Certificate of Occupation for a further period not exceeding two years, and may, at the expiration of any period during which a Certificate of Occupation is in force

    • (a) approve the allotment by the council of the band and issue a Certificate of Possession if in his opinion the conditions as to use and settlement have been fulfilled; or

    • (b) refuse approval of the allotment by the council of the band and declare the land in respect of which the Certificate of Occupation was issued to be available for re-allotment by the council of the band.

  • R.S., c. I-6, s. 20.