Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-04-02 and last amended on 2013-04-01. Previous Versions

Marginal note:Conditions — designation

 A designation is valid if it is made to Her Majesty, is assented to by a majority of the electors of the band voting at a referendum held in accordance with the regulations, is recommended to the Minister by the council of the band and is accepted by the Minister.

  • 2012, c. 31, s. 208.
Marginal note:Certification — surrender

 A proposed absolute surrender that is assented to by the band in accordance with section 39 shall be certified on oath by the superintendent or other officer who attended the meeting and by the chief or a member of the council of the band and then submitted to the Governor in Council for acceptance or refusal.

  • R.S., 1985, c. I-5, s. 40;
  • R.S., 1985, c. 17 (4th Supp.), s. 4;
  • 2012, c. 31, s. 208.
Marginal note:Certification — designation
  •  (1) A proposed designation that is assented to in accordance with section 39.1 shall be certified on oath by an officer of the Department and by the chief or a member of the council of the band.

  • Marginal note:Ministerial decision

    (2) On the recommendation of the council of the band, the proposed designation shall be submitted to the Minister who may accept or reject it.

  • 2012, c. 31, s. 208.
Marginal note:Effect of surrenders and designations

 An absolute surrender or a designation shall be deemed to confer all rights that are necessary to enable Her Majesty to carry out the terms of the surrender or designation.

  • R.S., 1985, c. I-5, s. 41;
  • R.S., 1985, c. 17 (4th Supp.), s. 4.

DESCENT OF PROPERTY

Marginal note:Powers of Minister with respect to property of deceased Indians
  •  (1) Subject to this Act, all jurisdiction and authority in relation to matters and causes testamentary, with respect to deceased Indians, is vested exclusively in the Minister and shall be exercised subject to and in accordance with regulations of the Governor in Council.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations providing that a deceased Indian who at the time of his death was in possession of land in a reserve shall, in such circumstances and for such purposes as the regulations prescribe, be deemed to have been at the time of his death lawfully in possession of that land.

  • Marginal note:Application of regulations

    (3) Regulations made under subsection (2) may be made applicable to estates of Indians who died before, on or after September 4, 1951.

  • R.S., c. I-6, s. 42.