Indian Act (R.S.C., 1985, c. I-5)

Act current to 2016-01-25 and last amended on 2015-04-02. Previous Versions

Marginal note:Limitation in respect of paragraphs 6(1)(c), (d) and (e)
  •  (1) A person who has received an amount that exceeds one thousand dollars under paragraph 15(1)(a), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(c), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, exceeds one thousand dollars, together with any interest thereon.

  • Marginal note:Additional limitation

    (2) Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds one thousand dollars under paragraph 15(1)(a), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(c), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds one thousand dollars, together with any interest thereon, has been repaid to the band.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations prescribing the manner of determining interest for the purpose of subsections (1) and (2).

  • R.S., 1985, c. 32 (1st Supp.), s. 11.
Marginal note:Expenditure of capital

 The Minister may pay from capital moneys

  • (a) compensation to an Indian in an amount that is determined in accordance with this Act to be payable to him in respect of land compulsorily taken from him for band purposes; and

  • (b) expenses incurred to prevent or suppress grass or forest fires or to protect the property of Indians in cases of emergency.

  • R.S., c. I-6, s. 65.
Marginal note:Expenditure of revenue moneys with consent of band
  •  (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of revenue moneys for any purpose that in the opinion of the Minister will promote the general progress and welfare of the band or any member of the band.

  • Marginal note:Minister may direct expenditure

    (2) The Minister may make expenditures out of the revenue moneys of the band to assist sick, disabled, aged or destitute Indians of the band, to provide for the burial of deceased indigent members of the band and to provide for the payment of contributions under the Employment Insurance Act on behalf of employed persons who are paid in respect of their employment out of moneys of the band.

  • Marginal note:Idem

    (2.1) The Minister may make expenditures out of the revenue 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 revenue moneys.

  • Marginal note:Expenditure of revenue moneys with authority of Minister

    (3) The Minister may authorize the expenditure of revenue moneys of the band for all or any of the following purposes, namely,

    • (a) for the destruction of noxious weeds and the prevention of the spreading or prevalence of insects, pests or diseases that may destroy or injure vegetation on Indian reserves;

    • (b) to prevent, mitigate and control the spread of diseases on reserves, whether or not the diseases are infectious or communicable;

    • (c) to provide for the inspection of premises on reserves and the destruction, alteration or renovation thereof;

    • (d) to prevent overcrowding of premises on reserves used as dwellings;

    • (e) to provide for sanitary conditions in private premises on reserves as well as in public places on reserves; and

    • (f) for the construction and maintenance of boundary fences.

  • R.S., 1985, c. I-5, s. 66;
  • R.S., 1985, c. 32 (1st Supp.), s. 12;
  • 1996, c. 23, s. 187.
Marginal note:Recovery of certain expenses

 Where money is expended by Her Majesty for the purpose of raising or collecting Indian moneys, the Minister may authorize the recovery of the amount so expended from the moneys of the band.

  • R.S., c. I-6, s. 67.
Marginal note:Maintenance of dependants

 Where the Minister is satisfied that an Indian

  • (a) has deserted his spouse or common-law partner or family without sufficient cause,

  • (b) has conducted himself in such a manner as to justify the refusal of his spouse or common-law partner or family to live with him, or

  • (c) has been separated by imprisonment from his spouse or common-law partner and family,

the Minister may order that payments of any annuity or interest money to which that Indian is entitled shall be applied to the support of the spouse or common-law partner or family or both the spouse or common-law partner and family of that Indian.

  • R.S., 1985, c. I-5, s. 68;
  • R.S., 1985, c. 32 (1st Supp.), s. 13;
  • 2000, c. 12, s. 152.
Marginal note:Management of revenue moneys by band
  •  (1) The Governor in Council may by order permit a band to control, manage and expend in whole or in part its revenue moneys and may amend or revoke any such order.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations to give effect to subsection (1) and may declare therein the extent to which this Act and the Financial Administration Act shall not apply to a band to which an order made under subsection (1) applies.

  • R.S., c. I-6, s. 69.

Loans to Indians

Marginal note:Loans to Indians
  •  (1) The Minister of Finance may authorize advances to the Minister out of the Consolidated Revenue Fund of such sums of money as the Minister may require to enable him

    • (a) to make loans to bands, groups of Indians or individual Indians for the purchase of farm implements, machinery, livestock, motor vehicles, fishing equipment, seed grain, fencing materials, materials to be used in native handicrafts, any other equipment, and gasoline and other petroleum products, or for the making of repairs or the payment of wages, or for the clearing and breaking of land within reserves;

    • (b) to expend or to lend money for the carrying out of cooperative projects on behalf of Indians; or

    • (c) to provide for any other matter prescribed by the Governor in Council.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations to give effect to subsection (1).

  • Marginal note:Accounting

    (3) Expenditures that are made under subsection (1) shall be accounted for in the same manner as public moneys.

  • Marginal note:Repayment

    (4) The Minister shall pay to the Receiver General all moneys that he receives from bands, groups of Indians or individual Indians by way of repayments of loans made under subsection (1).

  • Marginal note:Limitation

    (5) The total amount of outstanding advances to the Minister under this section shall not at any one time exceed six million and fifty thousand dollars.

  • Marginal note:Report to Parliament

    (6) The Minister shall within fifteen days after the termination of each fiscal year or, if Parliament is not then in session, within fifteen days after the commencement of the next ensuing session, lay before Parliament a report setting out the total number and amount of loans made under subsection (1) during that year.

  • R.S., c. I-6, s. 70.

Farms

Marginal note:Minister may operate farms
  •  (1) The Minister may operate farms on reserves and may employ such persons as he considers necessary to instruct Indians in farming and may purchase and distribute without charge pure seed to Indian farmers.

  • Marginal note:Application of profits

    (2) The Minister may apply any profits that result from the operation of farms pursuant to subsection (1) on reserves to extend farming operations on the reserves or to make loans to Indians to enable them to engage in farming or other agricultural operations or he may apply those profits in any way that he considers to be desirable to promote the progress and development of the Indians.

  • R.S., c. I-6, s. 71.
 
Date modified: