Indian Act (R.S.C., 1985, c. I-5)

Act current to 2015-11-16 and last amended on 2015-04-02. Previous Versions


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.


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.