Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-06-12 and last amended on 2013-04-01. Previous Versions

Marginal note:Entitlement retained

 A person is entitled to have his name entered in a Band List maintained in the Department pursuant to section 13.2 if that person was entitled to have his name entered, and his name was entered, in the Band List immediately before a copy of it was provided to the Minister under subsection 13.2(2), whether or not that person is also entitled to have his name entered in the Band List under section 11.

  • R.S., 1985, c. 32 (1st Supp.), s. 4.

Notice of Band Lists

Marginal note:Copy of Band List provided to band council
  •  (1) Within one month after the day an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, the Registrar shall provide the council of each band with a copy of the Band List for the band as it stood immediately prior to that day.

  • Marginal note:List of additions and deletions

    (2) Where a Band List is maintained by the Department, the Registrar shall, at least once every two months after a copy of the Band List is provided to the council of a band under subsection (1), provide the council of the band with a list of the additions to or deletions from the Band List not included in a list previously provided under this subsection.

  • Marginal note:Lists to be posted

    (3) The council of each band shall, forthwith on receiving a copy of the Band List under subsection (1), or a list of additions to and deletions from its Band List under subsection (2), post the copy or the list, as the case may be, in a conspicuous place on the reserve of the band.

  • R.S., 1985, c. I-5, s. 14;
  • R.S., 1985, c. 32 (1st Supp.), s. 4.

Inquiries

Marginal note:Inquiries relating to Indian Register or Band Lists

 The Registrar shall, on inquiry from any person who believes that he or any person he represents is entitled to have his name included in the Indian Register or a Band List maintained in the Department, indicate to the person making the inquiry whether or not that name is included therein.

  • R.S., 1985, c. 32 (1st Supp.), s. 4.

Protests

Marginal note:Protests
  •  (1) A protest may be made in respect of the inclusion or addition of the name of a person in, or the omission or deletion of the name of a person from, the Indian Register, or a Band List maintained in the Department, within three years after the inclusion or addition, or omission or deletion, as the case may be, by notice in writing to the Registrar, containing a brief statement of the grounds therefor.

  • Marginal note:Protest in respect of Band List

    (2) A protest may be made under this section in respect of the Band List of a band by the council of the band, any member of the band or the person in respect of whose name the protest is made or that person’s representative.

  • Marginal note:Protest in respect of Indian Register

    (3) A protest may be made under this section in respect of the Indian Register by the person in respect of whose name the protest is made or that person’s representative.

  • Marginal note:Onus of proof

    (4) The onus of establishing the grounds of a protest under this section lies on the person making the protest.

  • Marginal note:Registrar to cause investigation

    (5) Where a protest is made to the Registrar under this section, the Registrar shall cause an investigation to be made into the matter and render a decision.

  • Marginal note:Evidence

    (6) For the purposes of this section, the Registrar may receive such evidence on oath, on affidavit or in any other manner, whether or not admissible in a court of law, as the Registrar, in his discretion, sees fit or deems just.

  • Marginal note:Decision final

    (7) Subject to section 14.3, the decision of the Registrar under subsection (5) is final and conclusive.

  • R.S., 1985, c. 32 (1st Supp.), s. 4.