Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-11-11 and last amended on 2013-04-01. Previous Versions

RELATED PROVISIONS

  • — R.S., 1985, c. 32 (1st Supp.), ss. 22 and 23

    • Saving from liability

      22. For greater certainty, no claim lies against Her Majesty in right of Canada, the Minister, any band, council of a band or member of a band or any other person or body in relation to the omission or deletion of the name of a person from the Indian Register in the circumstances set out in paragraph 6(1)(c), (d) or (e) of the Indian Act.

  • — R.S., 1985, c. 32 (1st Supp.), ss. 22 and 23

    • Report of Minister to Parliament
      • 23. (1) The Minister shall cause to be laid before each House of Parliament, not later than two years after this Act is assented to, a report on the implementation of the amendments to the Indian Act, as enacted by this Act, which report shall include detailed information on

        • (a) the number of persons who have been registered under section 6 of the Indian Act, and the number entered on each Band List under subsection 11(1) of that Act, since April 17, 1985;

        • (b) the names and number of bands that have assumed control of their own membership under section 10 of the Indian Act; and

        • (c) the impact of the amendments on the lands and resources of Indian bands.

      • Review by Parliamentary committee

        (2) Such committee of Parliament as may be designated or established for the purposes of this subsection shall, forthwith after the report of the Minister is tabled under subsection (1), review that report and may, in the course of that review, undertake a review of any provision of the Indian Act enacted by this Act.

  • — R.S., 1985, c. 27 (2nd Supp.), s. 11

    • Transitional: proceedings

      11. Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality.

  • — R.S., 1985, c. 17 (4th Supp.), s. 7(2)

      • Transitional

         (2) The Surrendered Lands Register kept in the Department before the coming into force of this Act constitutes, on the coming into force of this Act, the Surrendered and Designated Lands Register.

  • — 1990, c. 16, s. 24(1)

    • Transitional: proceedings
      • 24. (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

  • — 1990, c. 17, s. 45(1)

    • Transitional: proceedings
      • 45. (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

  • — 1998, c. 30, s. 10

    • Transitional — proceedings

      10. Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

  • — 2005, c. 9, s. 145

    • Continuation of existing by-laws
      • 145. (1) By-laws made by a first nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule are deemed to be laws made under section 5 or 9, as the case may be, to the extent that they are not inconsistent with section 5 or 9, and remain in force until they are repealed or replaced.

      • Amendment of existing by-laws

        (2) For greater certainty, subsections 5(2) to (7) apply to amendments of by-laws referred to in subsection (1).

  • — 2008, c. 32, s. 21

    • Existing interests — Indian Act
      • 21. (1) Despite section 12, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the Indian Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement.

      • Transfer of rights and obligations

        (2) On the effective date of the Agreement, the rights and obligations of Her Majesty in right of Canada as grantor in respect of such an interest are transferred to the Tsawwassen First Nation, which assumes those rights and obligations in accordance with the interest’s terms and conditions.

  • — 2008, c. 32, s. 25

    • Documents in land registries

      25. As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act have no effect.

  • — 2010, c. 18, s. 3.1

    • Report
      • 3.1 (1) The Minister of Indian Affairs and Northern Development shall cause to be laid before each House of Parliament, not later than two years after this Act comes into force, a report on the provisions and implementation of this Act.

      • Review by committee

        (2) Such committee of Parliament as may be designated or established for the purposes of this subsection shall, forthwith after the report of the Minister is tabled under subsection (1), review that report and shall, in the course of that review, undertake a review of any provision of this Act.

  • — 2010, c. 18, s. 4

    • Definitions

      4. In sections 5 to 8, “band”, “Band List”, “council of a band”, “registered” and “Registrar” have the same meaning as in subsection 2(1) of the Indian Act.

  • — 2010, c. 18, s. 5

    • Registration continued

      5. For greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act, any person who was, immediately before the day on which this Act comes into force, registered and entitled to be registered under paragraph 6(1)(a) or (c) of the Indian Act continues to be registered.

  • — 2010, c. 18, s. 6

    • Registration entitlements recognized

      6. For greater certainty, for the purposes of paragraph 6(1)(f) and subsection 6(2) of the Indian Act, the Registrar must recognize any entitlements to be registered that existed under paragraph 6(1)(a) or (c) of that Act immediately before the day on which this Act comes into force.

  • — 2010, c. 18, s. 7

    • Membership maintained — paragraphs 6(1)(a) and (c)

      7. For greater certainty, subject to any membership rules established by a band, any person who, immediately before the day on which this Act comes into force, was entitled to be registered under paragraph 6(1)(a) or (c) of the Indian Act and had the right to have their name entered in the Band List maintained by that band continues to have that right.

  • — 2010, c. 18, s. 8

    • Membership maintained — paragraph 6(1)(c.1)

      8. For greater certainty, subject to any membership rules established by a band on or after the day on which this Act comes into force, any person who is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act, as enacted by subsection 2(3), and who had, immediately before that day, the right to have their name entered in the Band List maintained by that band continues to have that right.

  • — 2010, c. 18, s. 9

    • No liability

      9. For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because

      • (a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this Act comes into force; and

      • (b) one of the person’s parents is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act, as enacted by subsection 2(3).