Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-06-21 and last amended on 2015-04-02. Previous Versions

Marginal note:Eligibility
  •  (1) No person other than an elector who resides in an electoral section may be nominated for the office of councillor to represent that section on the council of the band.

  • Marginal note:Nomination

    (2) No person may be a candidate for election as chief or councillor of a band unless his nomination is moved and seconded by persons who are themselves eligible to be nominated.

  • R.S., c. I-6, s. 75.
Marginal note:Regulations governing elections
  •  (1) The Governor in Council may make orders and regulations with respect to band elections and, without restricting the generality of the foregoing, may make regulations with respect to

    • (a) meetings to nominate candidates;

    • (b) the appointment and duties of electoral officers;

    • (c) the manner in which voting is to be carried out;

    • (d) election appeals; and

    • (e) the definition of residence for the purpose of determining the eligibility of voters.

  • Marginal note:Secrecy of voting

    (2) The regulations made under paragraph (1)(c) shall provide for secrecy of voting.

  • R.S., c. I-6, s. 76.
Marginal note:Eligibility of voters for chief
  •  (1) A member of a band who has attained the age of eighteen years and is ordinarily resident on the reserve is qualified to vote for a person nominated to be chief of the band and, where the reserve for voting purposes consists of one section, to vote for persons nominated as councillors.

  • Marginal note:Councillor

    (2) A member of a band who is of the full age of eighteen years and is ordinarily resident in a section that has been established for voting purposes is qualified to vote for a person nominated to be councillor to represent that section.

  • R.S., 1985, c. I-5, s. 77;
  • R.S., 1985, c. 32 (1st Supp.), s. 14.
Marginal note:Tenure of office
  •  (1) Subject to this section, the chief and councillors of a band hold office for two years.

  • Marginal note:Vacancy

    (2) The office of chief or councillor of a band becomes vacant when

    • (a) the person who holds that office

      • (i) is convicted of an indictable offence,

      • (ii) dies or resigns his office, or

      • (iii) is or becomes ineligible to hold office by virtue of this Act; or

    • (b) the Minister declares that in his opinion the person who holds that office

      • (i) is unfit to continue in office by reason of his having been convicted of an offence,

      • (ii) has been absent from three consecutive meetings of the council without being authorized to do so, or

      • (iii) was guilty, in connection with an election, of corrupt practice, accepting a bribe, dishonesty or malfeasance.

  • Marginal note:Disqualification

    (3) The Minister may declare a person who ceases to hold office by virtue of subparagraph (2)(b)(iii) to be ineligible to be a candidate for chief or councillor of a band for a period not exceeding six years.

  • Marginal note:Special election

    (4) Where the office of chief or councillor of a band becomes vacant more than three months before the date when another election would ordinarily be held, a special election may be held in accordance with this Act to fill the vacancy.

  • R.S., c. I-6, s. 78.
Marginal note:Governor in Council may set aside election

 The Governor in Council may set aside the election of a chief or councillor of a band on the report of the Minister that he is satisfied that

  • (a) there was corrupt practice in connection with the election;

  • (b) there was a contravention of this Act that might have affected the result of the election; or

  • (c) a person nominated to be a candidate in the election was ineligible to be a candidate.

  • R.S., c. I-6, s. 79.
Marginal note:Regulations respecting band and council meetings

 The Governor in Council may make regulations with respect to band meetings and council meetings and, without restricting the generality of the foregoing, may make regulations with respect to

  • (a) presiding officers at such meetings;

  • (b) notice of such meetings;

  • (c) the duties of any representative of the Minister at such meetings; and

  • (d) the number of persons required at such meetings to constitute a quorum.

  • R.S., c. I-6, s. 80.

Powers of the Council

Marginal note:By-laws
  •  (1) The council of a band may make by-laws not inconsistent with this Act or with any regulation made by the Governor in Council or the Minister, for any or all of the following purposes, namely,

    • (a) to provide for the health of residents on the reserve and to prevent the spreading of contagious and infectious diseases;

    • (b) the regulation of traffic;

    • (c) the observance of law and order;

    • (d) the prevention of disorderly conduct and nuisances;

    • (e) the protection against and prevention of trespass by cattle and other domestic animals, the establishment of pounds, the appointment of pound-keepers, the regulation of their duties and the provision for fees and charges for their services;

    • (f) the construction and maintenance of watercourses, roads, bridges, ditches, fences and other local works;

    • (g) the dividing of the reserve or a portion thereof into zones and the prohibition of the construction or maintenance of any class of buildings or the carrying on of any class of business, trade or calling in any zone;

    • (h) the regulation of the construction, repair and use of buildings, whether owned by the band or by individual members of the band;

    • (i) the survey and allotment of reserve lands among the members of the band and the establishment of a register of Certificates of Possession and Certificates of Occupation relating to allotments and the setting apart of reserve lands for common use, if authority therefor has been granted under section 60;

    • (j) the destruction and control of noxious weeds;

    • (k) the regulation of bee-keeping and poultry raising;

    • (l) the construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies;

    • (m) the control or prohibition of public games, sports, races, athletic contests and other amusements;

    • (n) the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise;

    • (o) the preservation, protection and management of fur-bearing animals, fish and other game on the reserve;

    • (p) the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes;

    • (p.1) the residence of band members and other persons on the reserve;

    • (p.2) to provide for the rights of spouses or common-law partners and children who reside with members of the band on the reserve with respect to any matter in relation to which the council may make by-laws in respect of members of the band;

    • (p.3) to authorize the Minister to make payments out of capital or revenue moneys to persons whose names were deleted from the Band List of the band;

    • (p.4) to bring subsection 10(3) or 64.1(2) into effect in respect of the band;

    • (q) with respect to any matter arising out of or ancillary to the exercise of powers under this section; and

    • (r) the imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law made under this section.

  • Marginal note:Power to restrain by order where conviction entered

    (2) Where any by-law of a band is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.

  • Marginal note:Power to restrain by court action

    (3) Where any by-law of a band passed is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by court action at the instance of the band council.

  • R.S., 1985, c. I-5, s. 81;
  • R.S., 1985, c. 32 (1st Supp.), s. 15;
  • 2000, c. 12, s. 152.
 
Date modified: