Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-09-29 and last amended on 2013-04-01. Previous Versions

GUARDIANSHIP

Marginal note:Property of infant children

 The Minister may administer or provide for the administration of any property to which infant children of Indians are entitled, and may appoint guardians for that purpose.

  • R.S., c. I-6, s. 52.

MONEY OF INFANT CHILDREN

Marginal note:Distributions of capital
  •  (1) The council of a band may determine that the payment of not more than three thousand dollars, or such other amount as may be fixed by order of the Governor in Council, in a year of the share of a distribution under paragraph 64(1)(a) that belongs to an infant child who is a member of the band is necessary or proper for the maintenance, advancement or other benefit of the child.

  • Marginal note:Procedure

    (2) Before making a determination under subsection (1), the council of the band must

    • (a) post in a conspicuous place on the reserve fourteen days before the determination is made a notice that it proposes to make such a determination; and

    • (b) give the members of the band a reasonable opportunity to be heard at a general meeting of the band held before the determination is made.

  • Marginal note:Minister’s duty

    (3) Where the council of the band makes a determination under subsection (1) and notifies the Minister, at the time it gives its consent to the distribution pursuant to paragraph 64(1)(a), that it has made that determination and that, before making it, it complied with subsection (2), the Minister shall make a payment described in subsection (1) for the maintenance, advancement or other benefit of the child to a parent or person who is responsible for the care and custody of the child or, if so requested by the council on giving its consent to that distribution, to the council.

  • R.S., 1985, c. 48 (4th Supp.), s. 3.
Marginal note:Money of infant children of Indians

 The Minister may, regardless of whether a payment is made under section 52.1, pay all or part of any money administered by the Minister under section 52 that belongs to an infant child of an Indian to a parent or person who is responsible for the care and custody of the child or otherwise apply all or part of that money if

  • (a) the Minister is requested in writing to do so by the parent or the person responsible; and

  • (b) in the opinion of the Minister, the payment or application is necessary or proper for the maintenance, advancement or other benefit of the child.

  • R.S., 1985, c. 48 (4th Supp.), s. 3.
Marginal note:Attaining majority
  •  (1) Where a child of an Indian attains the age of majority, the Minister shall pay any money administered by the Minister under section 52 to which the child is entitled to that child in one lump sum.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where requested in writing to do so before a child of an Indian attains the age of majority by a parent or a person who is responsible for the care and custody of the child or by the council of the band of which the child is a member, the Minister may, instead of paying the money in one lump sum, pay it in instalments during a period beginning on the day the child attains the age of majority and ending not later than the day that is three years after that day.

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