Indian Act (R.S.C., 1985, c. I-5)

Act current to 2015-05-11 and last amended on 2015-04-02. Previous Versions

 [Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11]

Marginal note:By-laws relating to intoxicants
  •  (1) Subject to subsection (2), the council of a band may make by-laws

    • (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the band;

    • (b) prohibiting any person from being intoxicated on the reserve;

    • (c) prohibiting any person from having intoxicants in his possession on the reserve; and

    • (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c).

  • Marginal note:Consent of electors

    (2) A by-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a special meeting of the band called by the council of the band for the purpose of considering the by-law.

  • (3) [Repealed, 2014, c. 38, s. 8]

  • Marginal note:Offence

    (4) Every person who contravenes a by-law made under this section is guilty of an offence and liable on summary conviction

    • (a) in the case of a by-law made under paragraph (1)(a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a by-law made under paragraph (1)(b) or (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., 1985, c. 32 (1st Supp.), s. 16;
  • 2014, c. 38, s. 8.
Marginal note:Publication of by-laws
  •  (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances.

  • Marginal note:Copies of by-laws

    (2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council.

  • Marginal note:For greater certainty

    (3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one.

  • Marginal note:Coming into force

    (4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law.

  • Marginal note:Duration of publication —  Internet site

    (5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force.

  • R.S., 1985, c. I-5, s. 86;
  • 2014, c. 38, s. 9.