Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-08-15 and last amended on 2015-04-02. Previous Versions

Marginal note:Membership rules for Departmental Band List
  •  (1) Commencing on April 17, 1985, a person is entitled to have his name entered in a Band List maintained in the Department for a band if

    • (a) the name of that person was entered in the Band List for that band, or that person was entitled to have it entered in the Band List for that band, immediately prior to April 17, 1985;

    • (b) that person is entitled to be registered under paragraph 6(1)(b) as a member of that band;

    • (c) that person is entitled to be registered under paragraph 6(1)(c) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

    • (d) that person was born on or after April 17, 1985 and is entitled to be registered under paragraph 6(1)(f) and both parents of that person are entitled to have their names entered in the Band List or, if no longer living, were at the time of death entitled to have their names entered in the Band List.

  • Marginal note:Additional membership rules for Departmental Band List

    (2) Commencing on the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, or on such earlier day as may be agreed to under section 13.1, where a band does not have control of its Band List under this Act, a person is entitled to have his name entered in a Band List maintained in the Department for the band

    • (a) if that person is entitled to be registered under paragraph 6(1)(d) or (e) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

    • (b) if that person is entitled to be registered under paragraph 6(1)(f) or subsection 6(2) and a parent referred to in that provision is entitled to have his name entered in the Band List or, if no longer living, was at the time of death entitled to have his name entered in the Band List.

  • Marginal note:Deeming provision

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

    • (a) a person whose name was omitted or deleted from the Indian Register or a band list in the circumstances set out in paragraph 6(1)(c), (d) or (e) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member shall be deemed to be entitled to have the person’s name so entered; and

    • (b) a person described in paragraph (2)(b) shall be deemed to be entitled to have the person’s name entered in the Band List in which the parent referred to in that paragraph is or was, or is deemed by this section to be, entitled to have the parent’s name entered.

  • Marginal note:Additional membership rule — paragraph 6(1)(c.1)

    (3.1) A person is entitled to have the person’s name entered in a Band List maintained in the Department for a band if the person is entitled to be registered under paragraph 6(1)(c.1) and the person’s mother ceased to be a member of that band by reason of the circumstances set out in subparagraph 6(1)(c.1)(i).

  • Marginal note:Where band amalgamates or is divided

    (4) Where a band amalgamates with another band or is divided so as to constitute new bands, any person who would otherwise have been entitled to have his name entered in the Band List of that band under this section is entitled to have his name entered in the Band List of the amalgamated band or the new band to which that person has the closest family ties, as the case may be.

  • R.S., 1985, c. I-5, s. 11;
  • R.S., 1985, c. 32 (1st Supp.), s. 4, c. 43 (4th Supp.), s. 2;
  • 2010, c. 18, s. 3.
Marginal note:Entitlement with consent of band

 Commencing on the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, or on such earlier day as may be agreed to under section 13.1, any person who

  • (a) is entitled to be registered under section 6, but is not entitled to have his name entered in the Band List maintained in the Department under section 11, or

  • (b) is a member of another band,

is entitled to have his name entered in the Band List maintained in the Department for a band if the council of the admitting band consents.

  • R.S., 1985, c. I-5, s. 12;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Limitation to one Band List

 Notwithstanding sections 11 and 12, no person is entitled to have his name entered at the same time in more than one Band List maintained in the Department.

  • R.S., 1985, c. I-5, s. 13;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Decision to leave Band List control with Department
  •  (1) A band may, at any time prior to the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, decide to leave the control of its Band List with the Department if a majority of the electors of the band gives its consent to that decision.

  • Marginal note:Notice to the Minister

    (2) Where a band decides to leave the control of its Band List with the Department under subsection (1), the council of the band shall forthwith give notice to the Minister in writing to that effect.

  • Marginal note:Subsequent band control of membership

    (3) Notwithstanding a decision under subsection (1), a band may, at any time after that decision is taken, assume control of its Band List under section 10.

  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Return of control to Department
  •  (1) A band may, at any time after assuming control of its Band List under section 10, decide to return control of the Band List to the Department if a majority of the electors of the band gives its consent to that decision.

  • Marginal note:Notice to the Minister and copy of membership rules

    (2) Where a band decides to return control of its Band List to the Department under subsection (1), the council of the band shall forthwith give notice to the Minister in writing to that effect and shall provide the Minister with a copy of the Band List and a copy of all the membership rules that were established by the band under subsection 10(2) while the band maintained its own Band List.

  • Marginal note:Transfer of responsibility to Department

    (3) Where a notice is given under subsection (2) in respect of a Band List, the maintenance of that Band List shall be the responsibility of the Department from the date on which the notice is received and from that time the Band List shall be maintained in accordance with the membership rules set out in section 11.

  • R.S., 1985, c. 32 (1st Supp.), s. 4.
Marginal note:Entitlement retained

 A person is entitled to have his name entered in a Band List maintained in the Department pursuant to section 13.2 if that person was entitled to have his name entered, and his name was entered, in the Band List immediately before a copy of it was provided to the Minister under subsection 13.2(2), whether or not that person is also entitled to have his name entered in the Band List under section 11.

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

Notice of Band Lists

Marginal note:Copy of Band List provided to band council
  •  (1) Within one month after the day an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, the Registrar shall provide the council of each band with a copy of the Band List for the band as it stood immediately prior to that day.

  • Marginal note:List of additions and deletions

    (2) Where a Band List is maintained by the Department, the Registrar shall, at least once every two months after a copy of the Band List is provided to the council of a band under subsection (1), provide the council of the band with a list of the additions to or deletions from the Band List not included in a list previously provided under this subsection.

  • Marginal note:Lists to be posted

    (3) The council of each band shall, forthwith on receiving a copy of the Band List under subsection (1), or a list of additions to and deletions from its Band List under subsection (2), post the copy or the list, as the case may be, in a conspicuous place on the reserve of the band.

  • R.S., 1985, c. I-5, s. 14;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.

Inquiries

Marginal note:Inquiries relating to Indian Register or Band Lists

 The Registrar shall, on inquiry from any person who believes that he or any person he represents is entitled to have his name included in the Indian Register or a Band List maintained in the Department, indicate to the person making the inquiry whether or not that name is included therein.

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

Protests

Marginal note:Protests
  •  (1) A protest may be made in respect of the inclusion or addition of the name of a person in, or the omission or deletion of the name of a person from, the Indian Register, or a Band List maintained in the Department, within three years after the inclusion or addition, or omission or deletion, as the case may be, by notice in writing to the Registrar, containing a brief statement of the grounds therefor.

  • Marginal note:Protest in respect of Band List

    (2) A protest may be made under this section in respect of the Band List of a band by the council of the band, any member of the band or the person in respect of whose name the protest is made or that person’s representative.

  • Marginal note:Protest in respect of Indian Register

    (3) A protest may be made under this section in respect of the Indian Register by the person in respect of whose name the protest is made or that person’s representative.

  • Marginal note:Onus of proof

    (4) The onus of establishing the grounds of a protest under this section lies on the person making the protest.

  • Marginal note:Registrar to cause investigation

    (5) Where a protest is made to the Registrar under this section, the Registrar shall cause an investigation to be made into the matter and render a decision.

  • Marginal note:Evidence

    (6) For the purposes of this section, the Registrar may receive such evidence on oath, on affidavit or in any other manner, whether or not admissible in a court of law, as the Registrar, in his discretion, sees fit or deems just.

  • Marginal note:Decision final

    (7) Subject to section 14.3, the decision of the Registrar under subsection (5) is final and conclusive.

  • R.S., 1985, c. 32 (1st Supp.), s. 4.
 
Date modified: