Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-06-21 and last amended on 2015-04-02. Previous Versions

Money of Infant Children

Marginal note:Distributions of capital
  •  (1) The council of a band may determine that the payment of not more than three thousand dollars, or such other amount as may be fixed by order of the Governor in Council, in a year of the share of a distribution under paragraph 64(1)(a) that belongs to an infant child who is a member of the band is necessary or proper for the maintenance, advancement or other benefit of the child.

  • Marginal note:Procedure

    (2) Before making a determination under subsection (1), the council of the band must

    • (a) post in a conspicuous place on the reserve fourteen days before the determination is made a notice that it proposes to make such a determination; and

    • (b) give the members of the band a reasonable opportunity to be heard at a general meeting of the band held before the determination is made.

  • Marginal note:Minister’s duty

    (3) Where the council of the band makes a determination under subsection (1) and notifies the Minister, at the time it gives its consent to the distribution pursuant to paragraph 64(1)(a), that it has made that determination and that, before making it, it complied with subsection (2), the Minister shall make a payment described in subsection (1) for the maintenance, advancement or other benefit of the child to a parent or person who is responsible for the care and custody of the child or, if so requested by the council on giving its consent to that distribution, to the council.

  • R.S., 1985, c. 48 (4th Supp.), s. 3.
Marginal note:Money of infant children of Indians

 The Minister may, regardless of whether a payment is made under section 52.1, pay all or part of any money administered by the Minister under section 52 that belongs to an infant child of an Indian to a parent or person who is responsible for the care and custody of the child or otherwise apply all or part of that money if

  • (a) the Minister is requested in writing to do so by the parent or the person responsible; and

  • (b) in the opinion of the Minister, the payment or application is necessary or proper for the maintenance, advancement or other benefit of the child.

  • R.S., 1985, c. 48 (4th Supp.), s. 3.
Marginal note:Attaining majority
  •  (1) Where a child of an Indian attains the age of majority, the Minister shall pay any money administered by the Minister under section 52 to which the child is entitled to that child in one lump sum.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where requested in writing to do so before a child of an Indian attains the age of majority by a parent or a person who is responsible for the care and custody of the child or by the council of the band of which the child is a member, the Minister may, instead of paying the money in one lump sum, pay it in instalments during a period beginning on the day the child attains the age of majority and ending not later than the day that is three years after that day.

  • R.S., 1985, c. 48 (4th Supp.), s. 3.
Marginal note:Relief

 Where, in a proceeding in respect of the share of a distribution under paragraph 64(1)(a) or of money belonging to an infant child that was paid pursuant to section 52.1, 52.2 or 52.3, it appears to the court that the Minister, the band, its council or a member of that council acted honestly and reasonably and ought fairly to be relieved from liability in respect of the payment, the court may relieve the Minister, band, council or member, either in whole or in part, from liability in respect of the payment.

  • R.S., 1985, c. 48 (4th Supp.), s. 3;
  • 1992, c. 1, s. 144(F).
Marginal note:Effect of payment
  •  (1) The receipt in writing from a parent or person who is responsible for the care and custody of an infant child for a payment made pursuant to section 52.1 or 52.2

    • (a) discharges the duty of the Minister, the band, its council and each member of that council to make the payment to the extent of the amount paid; and

    • (b) discharges the Minister, the band, its council and each member of that council from seeing to its application or being answerable for its loss or misapplication.

  • Marginal note:Idem

    (2) The receipt in writing from the council of the band of which an infant child is a member for a payment made pursuant to section 52.1

    • (a) discharges the duty of the Minister to make the payment to the extent of the amount paid; and

    • (b) discharges the Minister from seeing to the application of the amount paid or being answerable for its loss or misapplication.

  • R.S., 1985, c. 48 (4th Supp.), s. 3.

Management of Reserves and Surrendered and Designated Lands

Marginal note:Transactions re surrendered and designated lands
  •  (1) The Minister or a person appointed by the Minister for the purpose may, in accordance with this Act and the terms of the absolute surrender or designation, as the case may be,

    • (a) manage or sell absolutely surrendered lands; or

    • (b) manage, lease or carry out any other transaction affecting designated lands.

  • Marginal note:Grant where original purchaser dead

    (2) Where the original purchaser of surrendered lands is dead and the heir, assignee or devisee of the original purchaser applies for a grant of the lands, the Minister may, on receipt of proof in such manner as he directs and requires in support of any claim for the grant and on being satisfied that the claim has been equitably and justly established, allow the claim and authorize a grant to issue accordingly.

  • Marginal note:Departmental employees

    (3) No person who is appointed pursuant to subsection (1) or who is an officer or a servant of Her Majesty employed in the Department may, except with the approval of the Governor in Council, acquire directly or indirectly any interest in absolutely surrendered or designated lands.

  • R.S., 1985, c. I-5, s. 53;
  • R.S., 1985, c. 17 (4th Supp.), s. 5.
Marginal note:Assignments

 Where absolutely surrendered lands are agreed to be sold and letters patent relating thereto have not issued, or where designated lands are leased or an interest in them granted, the purchaser, lessee or other person who has an interest in the absolutely surrendered or designated lands may, with the approval of the Minister, assign all or part of that interest to any other person.

  • R.S., 1985, c. I-5, s. 54;
  • R.S., 1985, c. 17 (4th Supp.), s. 6.
Marginal note:Surrendered and Designated Lands Register
  •  (1) There shall be maintained in the Department a register, to be known as the Surrendered and Designated Lands Register, in which shall be recorded particulars in connection with any transaction affecting absolutely surrendered or designated lands.

  • Marginal note:Conditional assignment

    (2) A conditional assignment shall not be registered.

  • Marginal note:Proof of execution

    (3) Registration of an assignment may be refused until proof of its execution has been furnished.

  • Marginal note:Effect of registration

    (4) An assignment registered under this section is valid against an unregistered assignment or an assignment subsequently registered.

  • R.S., 1985, c. I-5, s. 55;
  • R.S., 1985, c. 17 (4th Supp.), s. 7.
Marginal note:Certificate of registration

 Where an assignment is registered, there shall be endorsed on the original copy thereof a certificate of registration signed by the Minister or by an officer of the Department authorized by the Minister to sign such certificates.

  • R.S., c. I-6, s. 56.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) authorizing the Minister to grant licences to cut timber on surrendered lands, or, with the consent of the council of the band, on reserve lands;

  • (b) imposing terms, conditions and restrictions with respect to the exercise of rights conferred by licences granted under paragraph (a);

  • (c) providing for the disposition of surrendered mines and minerals underlying lands in a reserve;

  • (d) prescribing the punishment, not exceeding one hundred dollars or imprisonment for a term not exceeding three months or both, that may be imposed on summary conviction for contravention of any regulation made under this section; and

  • (e) providing for the seizure and forfeiture of any timber or minerals taken in contravention of any regulation made under this section.

  • R.S., c. I-6, s. 57.
Marginal note:Uncultivated or unused lands
  •  (1) Where land in a reserve is uncultivated or unused, the Minister may, with the consent of the council of the band,

    • (a) improve or cultivate that land and employ persons therefor, and authorize and direct the expenditure of such amount of the capital funds of the band as he considers necessary for that improvement or cultivation including the purchase of such stock, machinery or material or for the employment of such labour as the Minister considers necessary;

    • (b) where the land is in the lawful possession of any individual, grant a lease of that land for agricultural or grazing purposes or for any purpose that is for the benefit of the person in possession of the land; and

    • (c) where the land is not in the lawful possession of any individual, grant for the benefit of the band a lease of that land for agricultural or grazing purposes.

  • Marginal note:Distribution of proceeds

    (2) Out of the proceeds derived from the improvement or cultivation of lands pursuant to paragraph (1)(b), a reasonable rent shall be paid to the individual in lawful possession of the lands or any part thereof and the remainder of the proceeds shall be placed to the credit of the band, but if improvements are made on the lands occupied by an individual, the Minister may deduct the value of the improvements from the rent payable to the individual under this subsection.

  • Marginal note:Lease at request of occupant

    (3) The Minister may lease for the benefit of any Indian, on application of that Indian for that purpose, the land of which the Indian is lawfully in possession without the land being designated.

  • Marginal note:Disposition of grass, timber, non-metallic substances, etc.

    (4) Notwithstanding anything in this Act, the Minister may, without an absolute surrender or a designation

    • (a) dispose of wild grass or dead or fallen timber; and

    • (b) with the consent of the council of the band, dispose of sand, gravel, clay and other non-metallic substances on or under lands in a reserve, or, where that consent cannot be obtained without undue difficulty or delay, may issue temporary permits for the taking of sand, gravel, clay and other non-metallic substances on or under lands in a reserve, renewable only with the consent of the council of the band.

  • Marginal note:Proceeds

    (5) The proceeds of the transactions referred to in subsection (4) shall be credited to band funds or shall be divided between the band and the individual Indians in lawful possession of the lands in such shares as the Minister may determine.

  • R.S., 1985, c. I-5, s. 58;
  • R.S., 1985, c. 17 (4th Supp.), s. 8.
 
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