Indian Act (R.S.C., 1985, c. I-5)

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

Administration

Marginal note:Minister to administer Act
  •  (1) This Act shall be administered by the Minister, who shall be the superintendent general of Indian affairs.

  • Marginal note:Authority of Deputy Minister and chief officer

    (2) The Minister may authorize the Deputy Minister of Indian Affairs and Northern Development or the chief officer in charge of the branch of the Department relating to Indian affairs to perform and exercise any of the duties, powers and functions that may be or are required to be performed or exercised by the Minister under this Act or any other Act of Parliament relating to Indian affairs.

  • R.S., c. I-6, s. 3.

Application of Act

Marginal note:Application of Act
  •  (1) A reference in this Act to an Indian does not include any person of the race of aborigines commonly referred to as Inuit.

  • Marginal note:Act may be declared inapplicable

    (2) The Governor in Council may by proclamation declare that this Act or any portion thereof, except sections 5 to 14.3 or sections 37 to 41, shall not apply to

    • (a) any Indians or any group or band of Indians, or

    • (b) any reserve or any surrendered lands or any part thereof,

    and may by proclamation revoke any such declaration.

  • Marginal note:Authority confirmed for certain cases

    (2.1) For greater certainty, and without restricting the generality of subsection (2), the Governor in Council shall be deemed to have had the authority to make any declaration under subsection (2) that the Governor in Council has made in respect of section 11, 12 or 14, or any provision thereof, as each section or provision read immediately prior to April 17, 1985.

  • Marginal note:Certain sections inapplicable to Indians living off reserves

    (3) Sections 114 to 117 and, unless the Minister otherwise orders, sections 42 to 52 do not apply to or in respect of any Indian who does not ordinarily reside on a reserve or on lands belonging to Her Majesty in right of Canada or a province.

  • R.S., 1985, c. I-5, s. 4;
  • R.S., 1985, c. 32 (1st Supp.), s. 2;
  • 2014, c. 38, s. 4.
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.
 
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