Indian Act (R.S.C., 1985, c. I-5)

Act current to 2015-03-24 and last amended on 2015-02-26. Previous Versions

TAXATION

Marginal note:Property exempt from taxation
  •  (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:

    • (a) the interest of an Indian or a band in reserve lands or surrendered lands; and

    • (b) the personal property of an Indian or a band situated on a reserve.

  • Marginal note:Idem

    (2) No Indian or band is subject to taxation in respect of the ownership, occupation, possession or use of any property mentioned in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property.

  • Marginal note:Idem

    (3) No succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any property mentioned in paragraphs (1)(a) or (b) or the succession thereto if the property passes to an Indian, nor shall any such property be taken into account in determining the duty payable under the Dominion Succession Duty Act, chapter 89 of the Revised Statutes of Canada, 1952, or the tax payable under the Estate Tax Act, chapter E-9 of the Revised Statutes of Canada, 1970, on or in respect of other property passing to an Indian.

  • R.S., 1985, c. I-5, s. 87;
  • 2005, c. 9, s. 150;
  • 2012, c. 19, s. 677.

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.