Indian Act (R.S.C., 1985, c. I-5)

Act current to 2012-05-14 and last amended on 2011-01-31. Previous Versions

Marginal note:Description of Indians in writs, etc.

 In any order, writ, warrant, summons or proceeding issued under this Act it is sufficient if the name of the Indian or other person referred to therein is the name given to, or the name by which the Indian or other person is known by, the person who issues the order, writ, warrant, summons or proceeding, and if no part of the name of the person is given to or known by the person issuing the order, writ, warrant, summons or proceeding, it is sufficient if the Indian or other person is described in any manner by which he may be identified.

  • R.S., c. I-6, s. 105.
Marginal note:Jurisdiction of provincial court judges

 A provincial court judge has, with respect to matters arising under this Act, jurisdiction over the whole county, union of counties or judicial district in which the city, town or other place for which he is appointed or in which he has jurisdiction under provincial laws is situated.

  • R.S., 1985, c. I-5, s. 106;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Appointment of justices

 The Governor in Council may appoint persons to be, for the purposes of this Act, justices of the peace and those persons have the powers and authority of two justices of the peace with regard to

  • (a) any offence under this Act; and

  • (b) any offence under the Criminal Code relating to cruelty to animals, common assault, breaking and entering and vagrancy, where the offence is committed by an Indian or relates to the person or property of an Indian.

  • R.S., c. I-6, s. 107.
Marginal note:Commissioners for taking oaths

 For the purposes of this Act or any matter relating to Indian affairs

  • (a) persons appointed by the Minister for the purpose,

  • (b) superintendents, and

  • (c) the Minister, Deputy Minister and the chief officer in charge of the branch of the Department relating to Indian affairs,

are commissioners for the taking of oaths.

  • R.S., c. I-6, s. 108.

ENFRANCHISEMENT

 [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 20]

SCHOOLS

Marginal note:Agreements with provinces, etc.
  •  (1) The Governor in Council may authorize the Minister, in accordance with this Act, to enter into agreements on behalf of Her Majesty for the education in accordance with this Act of Indian children, with

    • (a) the government of a province;

    • (b) the Commissioner of Yukon;

    • (c) the Commissioner of the Northwest Territories;

    • (c.1) the Commissioner of Nunavut;

    • (d) a public or separate school board; and

    • (e) a religious or charitable organization.

  • Marginal note:Schools

    (2) The Minister may, in accordance with this Act, establish, operate and maintain schools for Indian children.

  • R.S., 1985, c. I-5, s. 114;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 184.