Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-04-02 and last amended on 2013-04-01. Previous Versions

Marginal note:Appeal
  •  (1) Within six months after the Registrar renders a decision on a protest under section 14.2,

    • (a) in the case of a protest in respect of the Band List of a band, the council of the band, the person by whom the protest was made, or the person in respect of whose name the protest was made or that person’s representative, or

    • (b) in the case of a protest in respect of the Indian Register, the person in respect of whose name the protest was made or that person’s representative,

    may, by notice in writing, appeal the decision to a court referred to in subsection (5).

  • Marginal note:Copy of notice of appeal to the Registrar

    (2) Where an appeal is taken under this section, the person who takes the appeal shall forthwith provide the Registrar with a copy of the notice of appeal.

  • Marginal note:Material to be filed with the court by Registrar

    (3) On receipt of a copy of a notice of appeal under subsection (2), the Registrar shall forthwith file with the court a copy of the decision being appealed together with all documentary evidence considered in arriving at that decision and any recording or transcript of any oral proceedings related thereto that were held before the Registrar.

  • Marginal note:Decision

    (4) The court may, after hearing an appeal under this section,

    • (a) affirm, vary or reverse the decision of the Registrar; or

    • (b) refer the subject-matter of the appeal back to the Registrar for reconsideration or further investigation.

  • Marginal note:Court

    (5) An appeal may be heard under this section

    • (a) in the Province of Quebec, before the Superior Court for the district in which the band is situated or in which the person who made the protest resides, or for such other district as the Minister may designate;

    • (a.1) in the Province of Ontario, before the Superior Court of Justice;

    • (b) in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, before the Court of Queen’s Bench;

    • (c) in the Province of Prince Edward Island or Newfoundland, before the Trial Division of the Supreme Court;

    • (c.1[Repealed, 1992, c. 51, s. 54]

    • (d) in the Province of Nova Scotia or British Columbia, in Yukon or in the Northwest Territories, before the Supreme Court; or

    • (e) in Nunavut, before the Nunavut Court of Justice.

  • R.S., 1985, c. 32 (1st Supp.), s. 4, c. 27 (2nd Supp.), s. 10;
  • 1990, c. 16, s. 14, c. 17, s. 25;
  • 1992, c. 51, s. 54;
  • 1998, c. 30, s. 14;
  • 1999, c. 3, s. 69;
  • 2002, c. 7, s. 183.

Payments in Respect of Persons Ceasing to be Band Members

  •  (1) to (4) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 5]

  • Marginal note:Commutation of payments under former Act

    (5) Where, prior to September 4, 1951, any woman became entitled, under section 14 of the Indian Act, chapter 98 of the Revised Statutes of Canada, 1927, or any prior provisions to the like effect, to share in the distribution of annuities, interest moneys or rents, the Minister may, in lieu thereof, pay to that woman out of the moneys of the band an amount equal to ten times the average annual amounts of the payments made to her during the ten years last preceding or, if they were paid for less than ten years, during the years they were paid.

  • R.S., 1985, c. I-5, s. 15;
  • R.S., 1985, c. 32 (1st Supp.), s. 5.