Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-08-05 and last amended on 2013-04-01. Previous Versions

TRADING WITH INDIANS

Marginal note:Certain property on a reserve may not be acquired
  •  (1) No person may, without the written consent of the Minister, acquire title to any of the following property situated on a reserve, namely,

    • (a) an Indian grave house;

    • (b) a carved grave pole;

    • (c) a totem pole;

    • (d) a carved house post; or

    • (e) a rock embellished with paintings or carvings.

  • Marginal note:Saving

    (2) Subsection (1) does not apply to chattels referred to therein that are manufactured for sale by Indians.

  • Marginal note:Removal, destruction, etc.

    (3) No person shall remove, take away, mutilate, disfigure, deface or destroy any chattel referred to in subsection (1) without the written consent of the Minister.

  • Marginal note:Punishment

    (4) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months.

  • R.S., c. I-6, s. 91.
Marginal note:Departmental employees, etc., prohibited from trading without a licence
  •  (1) No person who is

    • (a) an officer or employee in the Department,

    • (b) a missionary engaged in mission work among Indians, or

    • (c) a school teacher on a reserve,

    shall, without a licence from the Minister or his duly authorized representative, trade for profit with an Indian or sell to him directly or indirectly goods or chattels, but no such licence shall be issued to a full-time officer or employee in the Department.

  • Marginal note:Cancellation of licence

    (2) The Minister or his duly authorized representative may at any time cancel a licence issued under this section.

  • Marginal note:Punishment

    (3) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

  • Marginal note:Dismissal

    (4) Without prejudice to subsection (3), an officer or employee in the Department who contravenes subsection (1) may be dismissed from office.

  • R.S., c. I-6, s. 92.

REMOVAL OF MATERIALS FROM RESERVES

Marginal note:Removal of material from reserve

 A person who, without the written permission of the Minister or his duly authorized representative,

  • (a) removes or permits anyone to remove from a reserve

    • (i) minerals, stone, sand, gravel, clay or soil, or

    • (ii) trees, saplings, shrubs, underbrush, timber, cordwood or hay, or

  • (b) has in his possession anything removed from a reserve contrary to this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. I-6, s. 93.