Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-07-22 and last amended on 2013-04-01. Previous Versions

Marginal note:Cancellation of Certificates or Location Tickets

 The Minister may, with the consent of the holder thereof, cancel any Certificate of Possession or Occupation or Location Ticket referred to in section 26, and may cancel any Certificate of Possession or Occupation or Location Ticket that in his opinion was issued through fraud or in error.

  • R.S., c. I-6, s. 27.
Marginal note:Grants, etc., of reserve lands void
  •  (1) Subject to subsection (2), any deed, lease, contract, instrument, document or agreement of any kind, whether written or oral, by which a band or a member of a band purports to permit a person other than a member of that band to occupy or use a reserve or to reside or otherwise exercise any rights on a reserve is void.

  • Marginal note:Minister may issue permits

    (2) The Minister may by permit in writing authorize any person for a period not exceeding one year, or with the consent of the council of the band for any longer period, to occupy or use a reserve or to reside or otherwise exercise rights on a reserve.

  • R.S., c. I-6, s. 28.
Marginal note:Exemption from seizure

 Reserve lands are not subject to seizure under legal process.

  • R.S., c. I-6, s. 29.

TRESPASS ON RESERVES

Marginal note:Penalty for trespass

 A person who trespasses on a reserve is guilty of an offence and liable on summary conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding one month or to both.

  • R.S., c. I-6, s. 30.
Marginal note:Information by Attorney General
  •  (1) Without prejudice to section 30, where an Indian or a band alleges that persons other than Indians are or have been

    • (a) unlawfully in occupation or possession of,

    • (b) claiming adversely the right to occupation or possession of, or

    • (c) trespassing on

    a reserve or part of a reserve, the Attorney General of Canada may exhibit an information in the Federal Court claiming, on behalf of the Indian or band, the relief or remedy sought.

  • Marginal note:Information deemed action by Crown

    (2) An information exhibited under subsection (1) shall, for all purposes of the Federal Courts Act, be deemed to be a proceeding by the Crown within the meaning of that Act.

  • Marginal note:Existing remedies preserved

    (3) Nothing in this section shall be construed to impair, abridge or otherwise affect any right or remedy that, but for this section, would be available to Her Majesty or to an Indian or a band.

  • R.S., 1985, c. I-5, s. 31;
  • 2002, c. 8, s. 182.