Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-01-25 and last amended on 2015-04-02. Previous Versions

Marginal note:By-laws relating to intoxicants
  •  (1) Subject to subsection (2), the council of a band may make by-laws

    • (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the band;

    • (b) prohibiting any person from being intoxicated on the reserve;

    • (c) prohibiting any person from having intoxicants in his possession on the reserve; and

    • (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c).

  • Marginal note:Consent of electors

    (2) A by-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a special meeting of the band called by the council of the band for the purpose of considering the by-law.

  • (3) [Repealed, 2014, c. 38, s. 8]

  • Marginal note:Offence

    (4) Every person who contravenes a by-law made under this section is guilty of an offence and liable on summary conviction

    • (a) in the case of a by-law made under paragraph (1)(a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a by-law made under paragraph (1)(b) or (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., 1985, c. 32 (1st Supp.), s. 16;
  • 2014, c. 38, s. 8.
Marginal note:Publication of by-laws
  •  (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances.

  • Marginal note:Copies of by-laws

    (2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council.

  • Marginal note:For greater certainty

    (3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one.

  • Marginal note:Coming into force

    (4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law.

  • Marginal note:Duration of publication —  Internet site

    (5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force.

  • R.S., 1985, c. I-5, s. 86;
  • 2014, c. 38, s. 9.

Taxation

Marginal note:Property exempt from taxation
  •  (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:

    • (a) the interest of an Indian or a band in reserve lands or surrendered lands; and

    • (b) the personal property of an Indian or a band situated on a reserve.

  • Marginal note:Idem

    (2) No Indian or band is subject to taxation in respect of the ownership, occupation, possession or use of any property mentioned in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property.

  • Marginal note:Idem

    (3) No succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any property mentioned in paragraphs (1)(a) or (b) or the succession thereto if the property passes to an Indian, nor shall any such property be taken into account in determining the duty payable under the Dominion Succession Duty Act, chapter 89 of the Revised Statutes of Canada, 1952, or the tax payable under the Estate Tax Act, chapter E-9 of the Revised Statutes of Canada, 1970, on or in respect of other property passing to an Indian.

  • R.S., 1985, c. I-5, s. 87;
  • 2005, c. 9, s. 150;
  • 2012, c. 19, s. 677.

Legal Rights

Marginal note:General provincial laws applicable to Indians

 Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.

  • R.S., 1985, c. I-5, s. 88;
  • 2005, c. 9, s. 151;
  • 2012, c. 19, s. 678.
Marginal note:Restriction on mortgage, seizure, etc., of property on reserve
  •  (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.

  • Marginal note:Exception

    (1.1) Notwithstanding subsection (1), a leasehold interest in designated lands is subject to charge, pledge, mortgage, attachment, levy, seizure, distress and execution.

  • Marginal note:Conditional sales

    (2) A person who sells to a band or a member of a band a chattel under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under the agreement notwithstanding that the chattel is situated on a reserve.

  • R.S., 1985, c. I-5, s. 89;
  • R.S., 1985, c. 17 (4th Supp.), s. 12.
Marginal note:Property deemed situated on reserve
  •  (1) For the purposes of sections 87 and 89, personal property that was

    • (a) purchased by Her Majesty with Indian moneys or moneys appropriated by Parliament for the use and benefit of Indians or bands, or

    • (b) given to Indians or to a band under a treaty or agreement between a band and Her Majesty,

    shall be deemed always to be situated on a reserve.

  • Marginal note:Restriction on transfer

    (2) Every transaction purporting to pass title to any property that is by this section deemed to be situated on a reserve, or any interest in such property, is void unless the transaction is entered into with the consent of the Minister or is entered into between members of a band or between the band and a member thereof.

  • Marginal note:Destruction of property

    (3) Every person who enters into any transaction that is void by virtue of subsection (2) is guilty of an offence, and every person who, without the written consent of the Minister, destroys personal property that is by this section deemed to be situated on a reserve is guilty of an offence.

  • R.S., c. I-6, s. 90.

Trading with Indians

Marginal note:Certain property on a reserve may not be acquired
  •  (1) No person may, without the written consent of the Minister, acquire title to any of the following property situated on a reserve, namely,

    • (a) an Indian grave house;

    • (b) a carved grave pole;

    • (c) a totem pole;

    • (d) a carved house post; or

    • (e) a rock embellished with paintings or carvings.

  • Marginal note:Saving

    (2) Subsection (1) does not apply to chattels referred to therein that are manufactured for sale by Indians.

  • Marginal note:Removal, destruction, etc.

    (3) No person shall remove, take away, mutilate, disfigure, deface or destroy any chattel referred to in subsection (1) without the written consent of the Minister.

  • Marginal note:Punishment

    (4) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months.

  • R.S., c. I-6, s. 91.
 
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