Indian Act (R.S.C., 1985, c. I-5)

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

 [Repealed, 2014, c. 38, s. 7]

Marginal note:Money by-laws
  •  (1) Without prejudice to the powers conferred by section 81, the council of a band may, subject to the approval of the Minister, make by-laws for any or all of the following purposes, namely,

    • (a) subject to subsections (2) and (3), taxation for local purposes of land, or interests in land, in the reserve, including rights to occupy, possess or use land in the reserve;

    • (a.1) the licensing of businesses, callings, trades and occupations;

    • (b) the appropriation and expenditure of moneys of the band to defray band expenses;

    • (c) the appointment of officials to conduct the business of the council, prescribing their duties and providing for their remuneration out of any moneys raised pursuant to paragraph (a);

    • (d) the payment of remuneration, in such amount as may be approved by the Minister, to chiefs and councillors, out of any moneys raised pursuant to paragraph (a);

    • (e) the enforcement of payment of amounts that are payable pursuant to this section, including arrears and interest;

    • (e.1) the imposition and recovery of interest on amounts that are payable pursuant to this section, where those amounts are not paid before they are due, and the calculation of that interest;

    • (f) the raising of money from band members to support band projects; and

    • (g) with respect to any matter arising out of or ancillary to the exercise of powers under this section.

  • Marginal note:Restriction on expenditures

    (2) An expenditure made out of moneys raised pursuant to subsection (1) must be so made under the authority of a by-law of the council of the band.

  • Marginal note:Appeals

    (3) A by-law made under paragraph (1)(a) must provide an appeal procedure in respect of assessments made for the purposes of taxation under that paragraph.

  • Marginal note:Minister’s approval

    (4) The Minister may approve the whole or a part only of a by-law made under subsection (1).

  • Marginal note:Regulations re by-laws

    (5) The Governor in Council may make regulations respecting the exercise of the by-law making powers of bands under this section.

  • Marginal note:By-laws must be consistent with regulations

    (6) A by-law made under this section remains in force only to the extent that it is consistent with the regulations made under subsection (5).

  • R.S., 1985, c. I-5, s. 83;
  • R.S., 1985, c. 17 (4th Supp.), s. 10.
Marginal note:Recovery of taxes

 Where a tax that is imposed on an Indian by or under the authority of a by-law made under section 83 is not paid in accordance with the by-law, the Minister may pay the amount owing together with an amount equal to one-half of one per cent thereof out of moneys payable out of the funds of the band to the Indian.

  • R.S., c. I-6, s. 84.

 [Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11]

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.
 
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