Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-09-18 and last amended on 2015-04-02. Previous Versions

Marginal note:Provisions that apply to all band members

 A reference to an Indian in any of the following provisions shall be deemed to include a reference to any person whose name is entered in a Band List and who is entitled to have it entered therein: the definitions band, Indian moneys and mentally incompetent Indian in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(g) and (h), subsection 74(4), section 84, paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b).

  • R.S., 1985, c. 32 (1st Supp.), s. 3, c. 48 (4th Supp.), s. 1.

Definition and Registration of Indians

Indian Register

Marginal note:Indian Register
  •  (1) There shall be maintained in the Department an Indian Register in which shall be recorded the name of every person who is entitled to be registered as an Indian under this Act.

  • Marginal note:Existing Indian Register

    (2) The names in the Indian Register immediately prior to April 17, 1985 shall constitute the Indian Register on April 17, 1985.

  • Marginal note:Deletions and additions

    (3) The Registrar may at any time add to or delete from the Indian Register the name of any person who, in accordance with this Act, is entitled or not entitled, as the case may be, to have his name included in the Indian Register.

  • Marginal note:Date of change

    (4) The Indian Register shall indicate the date on which each name was added thereto or deleted therefrom.

  • Marginal note:Application for registration

    (5) The name of a person who is entitled to be registered is not required to be recorded in the Indian Register unless an application for registration is made to the Registrar.

  • R.S., 1985, c. I-5, s. 5;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Persons entitled to be registered
  •  (1) Subject to section 7, a person is entitled to be registered if

    • (a) that person was registered or entitled to be registered immediately prior to April 17, 1985;

    • (b) that person is a member of a body of persons that has been declared by the Governor in Council on or after April 17, 1985 to be a band for the purposes of this Act;

    • (c) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iv), paragraph 12(1)(b) or subsection 12(2) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions;

    • (c.1) that person

      • (i) is a person whose mother’s name was, as a result of the mother’s marriage, omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under paragraph 12(1)(b) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions,

      • (ii) is a person whose other parent is not entitled to be registered or, if no longer living, was not at the time of death entitled to be registered or was not an Indian at that time if the death occurred prior to September 4, 1951,

      • (iii) was born on or after the day on which the marriage referred to in subparagraph (i) occurred and, unless the person’s parents married each other prior to April 17, 1985, was born prior to that date, and

      • (iv) had or adopted a child, on or after September 4, 1951, with a person who was not entitled to be registered on the day on which the child was born or adopted;

    • (d) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(1), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions;

    • (e) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951,

      • (i) under section 13, as it read immediately prior to September 4, 1951, or under any former provision of this Act relating to the same subject-matter as that section, or

      • (ii) under section 111, as it read immediately prior to July 1, 1920, or under any former provision of this Act relating to the same subject-matter as that section; or

    • (f) that person is a person both of whose parents are or, if no longer living, were at the time of death entitled to be registered under this section.

  • Marginal note:Idem

    (2) Subject to section 7, a person is entitled to be registered if that person is a person one of whose parents is or, if no longer living, was at the time of death entitled to be registered under subsection (1).

  • Marginal note:Deeming provision

    (3) For the purposes of paragraph (1)(f) and subsection (2),

    • (a) a person who was no longer living immediately prior to April 17, 1985 but who was at the time of death entitled to be registered shall be deemed to be entitled to be registered under paragraph (1)(a);

    • (b) a person described in paragraph (1)(c), (d), (e) or (f) or subsection (2) and who was no longer living on April 17, 1985 shall be deemed to be entitled to be registered under that provision; and

    • (c) a person described in paragraph (1)(c.1) and who was no longer living on the day on which that paragraph comes into force is deemed to be entitled to be registered under that paragraph.

  • R.S., 1985, c. I-5, s. 6;
  • R.S., 1985, c. 32 (1st Supp.), s. 4, c. 43 (4th Supp.), s. 1;
  • 2010, c. 18, s. 2.
Marginal note:Persons not entitled to be registered
  •  (1) The following persons are not entitled to be registered:

    • (a) a person who was registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and whose name was subsequently omitted or deleted from the Indian Register under this Act; or

    • (b) a person who is the child of a person who was registered or entitled to be registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and is also the child of a person who is not entitled to be registered.

  • Marginal note:Exception

    (2) Paragraph (1)(a) does not apply in respect of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

  • Marginal note:Idem

    (3) Paragraph (1)(b) does not apply in respect of the child of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

  • R.S., 1985, c. I-5, s. 7;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.

Band Lists

Marginal note:Band Lists

 There shall be maintained in accordance with this Act for each band a Band List in which shall be entered the name of every person who is a member of that band.

  • R.S., 1985, c. I-5, s. 8;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Band Lists maintained in Department
  •  (1) Until such time as a band assumes control of its Band List, the Band List of that band shall be maintained in the Department by the Registrar.

  • Marginal note:Existing Band Lists

    (2) The names in a Band List of a band immediately prior to April 17, 1985 shall constitute the Band List of that band on April 17, 1985.

  • Marginal note:Deletions and additions

    (3) The Registrar may at any time add to or delete from a Band List maintained in the Department the name of any person who, in accordance with this Act, is entitled or not entitled, as the case may be, to have his name included in that List.

  • Marginal note:Date of change

    (4) A Band List maintained in the Department shall indicate the date on which each name was added thereto or deleted therefrom.

  • Marginal note:Application for entry

    (5) The name of a person who is entitled to have his name entered in a Band List maintained in the Department is not required to be entered therein unless an application for entry therein is made to the Registrar.

  • R.S., 1985, c. I-5, s. 9;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Band control of membership
  •  (1) A band may assume control of its own membership if it establishes membership rules for itself in writing in accordance with this section and if, after the band has given appropriate notice of its intention to assume control of its own membership, a majority of the electors of the band gives its consent to the band’s control of its own membership.

  • Marginal note:Membership rules

    (2) A band may, pursuant to the consent of a majority of the electors of the band,

    • (a) after it has given appropriate notice of its intention to do so, establish membership rules for itself; and

    • (b) provide for a mechanism for reviewing decisions on membership.

  • Marginal note:Exception relating to consent

    (3) Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect in respect of the band, the consents required under subsections (1) and (2) shall be given by a majority of the members of the band who are of the full age of eighteen years.

  • Marginal note:Acquired rights

    (4) Membership rules established by a band under this section may not deprive any person who had the right to have his name entered in the Band List for that band, immediately prior to the time the rules were established, of the right to have his name so entered by reason only of a situation that existed or an action that was taken before the rules came into force.

  • Marginal note:Idem

    (5) For greater certainty, subsection (4) applies in respect of a person who was entitled to have his name entered in the Band List under paragraph 11(1)(c) immediately before the band assumed control of the Band List if that person does not subsequently cease to be entitled to have his name entered in the Band List.

  • Marginal note:Notice to the Minister

    (6) Where the conditions set out in subsection (1) have been met with respect to a band, the council of the band shall forthwith give notice to the Minister in writing that the band is assuming control of its own membership and shall provide the Minister with a copy of the membership rules for the band.

  • Marginal note:Notice to band and copy of Band List

    (7) On receipt of a notice from the council of a band under subsection (6), the Minister shall, if the conditions set out in subsection (1) have been complied with, forthwith

    • (a) give notice to the band that it has control of its own membership; and

    • (b) direct the Registrar to provide the band with a copy of the Band List maintained in the Department.

  • Marginal note:Effective date of band’s membership rules

    (8) Where a band assumes control of its membership under this section, the membership rules established by the band shall have effect from the day on which notice is given to the Minister under subsection (6), and any additions to or deletions from the Band List of the band by the Registrar on or after that day are of no effect unless they are in accordance with the membership rules established by the band.

  • Marginal note:Band to maintain Band List

    (9) A band shall maintain its own Band List from the date on which a copy of the Band List is received by the band under paragraph (7)(b), and, subject to section 13.2, the Department shall have no further responsibility with respect to that Band List from that date.

  • Marginal note:Deletions and additions

    (10) A band may at any time add to or delete from a Band List maintained by it the name of any person who, in accordance with the membership rules of the band, is entitled or not entitled, as the case may be, to have his name included in that list.

  • Marginal note:Date of change

    (11) A Band List maintained by a band shall indicate the date on which each name was added thereto or deleted therefrom.

  • R.S., 1985, c. I-5, s. 10;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.
 
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