Indian Act (R.S.C., 1985, c. I-5)

Act current to 2015-06-22 and last amended on 2015-04-02. Previous Versions

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.

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.

 [Repealed, 2014, c. 38, s. 10]

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.