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:Devisee’s entitlement

 A person who claims to be entitled to possession or occupation of lands in a reserve by devise or descent shall be deemed not to be in lawful possession or occupation of those lands until the possession is approved by the Minister.

  • R.S., c. I-6, s. 49.
Marginal note:Non-resident of reserve
  •  (1) A person who is not entitled to reside on a reserve does not by devise or descent acquire a right to possession or occupation of land in that reserve.

  • Marginal note:Sale by superintendent

    (2) Where a right to possession or occupation of land in a reserve passes by devise or descent to a person who is not entitled to reside on a reserve, that right shall be offered for sale by the superintendent to the highest bidder among persons who are entitled to reside on the reserve and the proceeds of the sale shall be paid to the devisee or descendant, as the case may be.

  • Marginal note:Unsold lands revert to band

    (3) Where no tender is received within six months or such further period as the Minister may direct after the date when the right to possession or occupation of land is offered for sale under subsection (2), the right shall revert to the band free from any claim on the part of the devisee or descendant, subject to the payment, at the discretion of the Minister, to the devisee or descendant, from the funds of the band, of such compensation for permanent improvements as the Minister may determine.

  • Marginal note:Approval required

    (4) The purchaser of a right to possession or occupation of land under subsection (2) shall be deemed not to be in lawful possession or occupation of the land until the possession is approved by the Minister.

  • R.S., c. I-6, s. 50.
Marginal note:Regulations

 The Governor in Council may make regulations respecting circumstances where more than one person qualifies as a survivor of an intestate under section 48.

  • 2000, c. 12, s. 150.

MENTALLY INCOMPETENT INDIANS

Marginal note:Powers of Minister generally
  •  (1) Subject to this section, all jurisdiction and authority in relation to the property of mentally incompetent Indians is vested exclusively in the Minister.

  • Marginal note:Particular powers

    (2) Without restricting the generality of subsection (1), the Minister may

    • (a) appoint persons to administer the estates of mentally incompetent Indians;

    • (b) order that any property of a mentally incompetent Indian shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose of

      • (i) paying his debts or engagements,

      • (ii) discharging encumbrances on his property,

      • (iii) paying debts or expenses incurred for his maintenance or otherwise for his benefit, or

      • (iv) paying or providing for the expenses of future maintenance; and

    • (c) make such orders and give such directions as he considers necessary to secure the satisfactory management of the estates of mentally incompetent Indians.

  • Marginal note:Property off reserve

    (3) The Minister may order that any property situated off a reserve and belonging to a mentally incompetent Indian shall be dealt with under the laws of the province in which the property is situated.

  • R.S., c. I-6, s. 51.