Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-02-03 and last amended on 2015-04-02. Previous Versions

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.
Marginal note:Adjustment of contracts

 The Minister may, with the consent of the council of a band,

  • (a) reduce or adjust the amount payable to Her Majesty in respect of a transaction affecting absolutely surrendered lands, designated lands or other lands in a reserve or the rate of interest payable thereon; and

  • (b) reduce or adjust the amount payable to the band by an Indian in respect of a loan made to the Indian from band funds.

  • R.S., 1985, c. I-5, s. 59;
  • R.S., 1985, c. 17 (4th Supp.), s. 9.
Marginal note:Control over lands
  •  (1) The Governor in Council may at the request of a band grant to the band the right to exercise such control and management over lands in the reserve occupied by that band as the Governor in Council considers desirable.

  • Marginal note:Withdrawal

    (2) The Governor in Council may at any time withdraw from a band a right conferred on the band under subsection (1).

  • R.S., c. I-6, s. 60.

Management of Indian Moneys

Marginal note:Indian moneys to be held for use and benefit
  •  (1) Indian moneys shall be expended only for the benefit of the Indians or bands for whose use and benefit in common the moneys are received or held, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which Indian moneys are used or are to be used is for the use and benefit of the band.

  • Marginal note:Interest

    (2) Interest on Indian moneys held in the Consolidated Revenue Fund shall be allowed at a rate to be fixed from time to time by the Governor in Council.

  • R.S., c. I-6, s. 61.
Marginal note:Capital and revenue

 All Indian moneys derived from the sale of surrendered lands or the sale of capital assets of a band shall be deemed to be capital moneys of the band and all Indian moneys other than capital moneys shall be deemed to be revenue moneys of the band.

  • R.S., c. I-6, s. 62.
Marginal note:Payments to Indians

 Notwithstanding the Financial Administration Act, where moneys to which an Indian is entitled are paid to a superintendent under any lease or agreement made under this Act, the superintendent may pay the moneys to the Indian.

  • R.S., c. I-6, s. 63.
Marginal note:Expenditure of capital moneys with consent
  •  (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of capital moneys of the band

    • (a) to distribute per capita to the members of the band an amount not exceeding fifty per cent of the capital moneys of the band derived from the sale of surrendered lands;

    • (b) to construct and maintain roads, bridges, ditches and watercourses on reserves or on surrendered lands;

    • (c) to construct and maintain outer boundary fences on reserves;

    • (d) to purchase land for use by the band as a reserve or as an addition to a reserve;

    • (e) to purchase for the band the interest of a member of the band in lands on a reserve;

    • (f) to purchase livestock and farm implements, farm equipment or machinery for the band;

    • (g) to construct and maintain on or in connection with a reserve such permanent improvements or works as in the opinion of the Minister will be of permanent value to the band or will constitute a capital investment;

    • (h) to make to members of the band, for the purpose of promoting the welfare of the band, loans not exceeding one-half of the total value of

      • (i) the chattels owned by the borrower, and

      • (ii) the land with respect to which he holds or is eligible to receive a Certificate of Possession,

      and may charge interest and take security therefor;

    • (i) to meet expenses necessarily incidental to the management of lands on a reserve, surrendered lands and any band property;

    • (j) to construct houses for members of the band, to make loans to members of the band for building purposes with or without security and to provide for the guarantee of loans made to members of the band for building purposes; and

    • (k) for any other purpose that in the opinion of the Minister is for the benefit of the band.

  • Marginal note:Expenditure of capital moneys in accordance with by-laws

    (2) The Minister may make expenditures out of the capital moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the capital moneys.

  • R.S., 1985, c. I-5, s. 64;
  • R.S., 1985, c. 32 (1st Supp.), s. 10.
 
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