Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-04-02 and last amended on 2013-04-01. Previous Versions

LEGAL RIGHTS

Marginal note:General provincial laws applicable to Indians

 Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.

  • R.S., 1985, c. I-5, s. 88;
  • 2005, c. 9, s. 151;
  • 2012, c. 19, s. 678.
Marginal note:Restriction on mortgage, seizure, etc., of property on reserve
  •  (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.

  • Marginal note:Exception

    (1.1) Notwithstanding subsection (1), a leasehold interest in designated lands is subject to charge, pledge, mortgage, attachment, levy, seizure, distress and execution.

  • Marginal note:Conditional sales

    (2) A person who sells to a band or a member of a band a chattel under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under the agreement notwithstanding that the chattel is situated on a reserve.

  • R.S., 1985, c. I-5, s. 89;
  • R.S., 1985, c. 17 (4th Supp.), s. 12.
Marginal note:Property deemed situated on reserve
  •  (1) For the purposes of sections 87 and 89, personal property that was

    • (a) purchased by Her Majesty with Indian moneys or moneys appropriated by Parliament for the use and benefit of Indians or bands, or

    • (b) given to Indians or to a band under a treaty or agreement between a band and Her Majesty,

    shall be deemed always to be situated on a reserve.

  • Marginal note:Restriction on transfer

    (2) Every transaction purporting to pass title to any property that is by this section deemed to be situated on a reserve, or any interest in such property, is void unless the transaction is entered into with the consent of the Minister or is entered into between members of a band or between the band and a member thereof.

  • Marginal note:Destruction of property

    (3) Every person who enters into any transaction that is void by virtue of subsection (2) is guilty of an offence, and every person who, without the written consent of the Minister, destroys personal property that is by this section deemed to be situated on a reserve is guilty of an offence.

  • R.S., c. I-6, s. 90.