Indian Act (R.S.C., 1985, c. I-5)

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

Marginal note:Limitation in respect of paragraphs 6(1)(c), (d) and (e)
  •  (1) A person who has received an amount that exceeds one thousand dollars under paragraph 15(1)(a), 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, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(c), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), 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, exceeds one thousand dollars, together with any interest thereon.

  • Marginal note:Additional limitation

    (2) Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds one thousand dollars under paragraph 15(1)(a), 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, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(c), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds one thousand dollars, together with any interest thereon, has been repaid to the band.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations prescribing the manner of determining interest for the purpose of subsections (1) and (2).

  • R.S., 1985, c. 32 (1st Supp.), s. 11.
Marginal note:Expenditure of capital

 The Minister may pay from capital moneys

  • (a) compensation to an Indian in an amount that is determined in accordance with this Act to be payable to him in respect of land compulsorily taken from him for band purposes; and

  • (b) expenses incurred to prevent or suppress grass or forest fires or to protect the property of Indians in cases of emergency.

  • R.S., c. I-6, s. 65.
Marginal note:Expenditure of revenue moneys with consent of band
  •  (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of revenue moneys for any purpose that in the opinion of the Minister will promote the general progress and welfare of the band or any member of the band.

  • Marginal note:Minister may direct expenditure

    (2) The Minister may make expenditures out of the revenue moneys of the band to assist sick, disabled, aged or destitute Indians of the band, to provide for the burial of deceased indigent members of the band and to provide for the payment of contributions under the Employment Insurance Act on behalf of employed persons who are paid in respect of their employment out of moneys of the band.

  • Marginal note:Idem

    (2.1) The Minister may make expenditures out of the revenue moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the revenue moneys.

  • Marginal note:Expenditure of revenue moneys with authority of Minister

    (3) The Minister may authorize the expenditure of revenue moneys of the band for all or any of the following purposes, namely,

    • (a) for the destruction of noxious weeds and the prevention of the spreading or prevalence of insects, pests or diseases that may destroy or injure vegetation on Indian reserves;

    • (b) to prevent, mitigate and control the spread of diseases on reserves, whether or not the diseases are infectious or communicable;

    • (c) to provide for the inspection of premises on reserves and the destruction, alteration or renovation thereof;

    • (d) to prevent overcrowding of premises on reserves used as dwellings;

    • (e) to provide for sanitary conditions in private premises on reserves as well as in public places on reserves; and

    • (f) for the construction and maintenance of boundary fences.

  • R.S., 1985, c. I-5, s. 66;
  • R.S., 1985, c. 32 (1st Supp.), s. 12;
  • 1996, c. 23, s. 187.