Indian Act

Version of section 39 from 2002-12-31 to 2013-02-28:

Marginal note:How lands surrendered or designated
  •  (1) An absolute surrender or a designation is void unless

    • (a) it is made to Her Majesty;

    • (b) it is assented to by a majority of the electors of the band

      • (i) at a general meeting of the band called by the council of the band,

      • (ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender or designation, or

      • (iii) by a referendum as provided in the regulations; and

    • (c) it is accepted by the Governor in Council.

  • Marginal note:Minister may call meeting or referendum

    (2) Where a majority of the electors of a band did not vote at a meeting or referendum called pursuant to subsection (1), the Minister may, if the proposed absolute surrender or designation was assented to by a majority of the electors who did vote, call another meeting by giving thirty days notice thereof or another referendum as provided in the regulations.

  • Marginal note:Assent of band

    (3) Where a meeting is called pursuant to subsection (2) and the proposed absolute surrender or designation is assented to at the meeting or referendum by a majority of the electors voting, the surrender or designation shall be deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.

  • Marginal note:Secret ballot

    (4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.

  • Marginal note:Officials required

    (5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.

  • R.S., 1985, c. I-5, s. 39;
  • R.S., 1985, c. 17 (4th Supp.), s. 3.
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