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Marginal note:Appointment of justices

107 The Governor in Council may appoint persons to be, for the purposes of this Act, justices of the peace and those persons have the powers and authority of two justices of the peace with regard to

• (a) any offence under this Act; and

• (b) any offence under the Criminal Code relating to cruelty to animals, common assault, breaking and entering and vagrancy, where the offence is committed by an Indian or relates to the person or property of an Indian.

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Marginal note:Definitions

• 2 (1) In this Act,

  band

  band  means a body of Indians

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  • (c) declared by the Governor in Council to be a band for the purposes of this Act; (bande)

  Band List

  Band List  means a list of persons that is maintained under section 8 by a band or in the Department; (liste de bande)

  council of the band

  council of the band  means

  • (a) in the case of a band to which section 74 applies, the council established pursuant to that section,

  • (b) in the case of a band that is named in the schedule to the First Nations Elections Act, the council elected or in office in accordance with that Act,

  • (c) in the case of a band whose name has been removed from the schedule to the First Nations Elections Act in accordance with section42 of that Act, the council elected or in office in accordance with the community election code referred to in that section, or

  Indian

  Indian  means a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian; (Indien)

  Indian Register

  Indian Register  means the register of persons that is maintained under section 5; (registre des Indiens)

  reserve

  reserve

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  • (b) except in subsection 18(2), sections 20 to 25, 28, 37, 38, 42, 44, 46, 48 to 51 and 58 to 60 and the regulations made under any of those provisions, includes designated lands; (réserve)

  superintendent

  superintendent  includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superintendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve; (surintendant)

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• Marginal note:Exercise of powers conferred on band or council

  (3) Unless the context otherwise requires or this Act otherwise provides,

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Marginal note:Special reserves

36.1 Where lands the legal title to which is not vested in Her Majesty had been set apart for the use and benefit of a band before the coming into force of this section, the effect of section 36 of this Act, as it read immediately before the coming into force of this section, continues in respect of those lands and this Act applies as though the lands were a reserve within the meaning of this Act.

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Marginal note:Application of Act

• 4 (1) A reference in this Act to an Indian does not include any person of the race of aborigines commonly referred to as Inuit.

• Marginal note:Act may be declared inapplicable

  (2) The Governor in Council may by proclamation declare that this Act or any portion thereof, except sections 5 to 14.3 or sections 37 to 41, shall not apply to

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• Marginal note:Authority confirmed for certain cases

  (2.1) For greater certainty, and without restricting the generality of subsection (2), the Governor in Council shall be deemed to have had the authority to make any declaration under subsection (2) that the Governor in Council has made in respect of section 11, 12 or 14, or any provision thereof, as each section or provision read immediately prior to April 17, 1985.

• Marginal note:Certain sections inapplicable to Indians living off reserves

  (3) Sections 114 to 117 and, unless the Minister otherwise orders, sections 42 to 52 do not apply to or in respect of any Indian who does not ordinarily reside on a reserve or on lands belonging to Her Majesty in right of Canada or a province.

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Marginal note:Information by Attorney General

• 31 (1) Without prejudice to section 30, where an Indian or a band alleges that persons other than Indians are or have been

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• Marginal note:Information deemed action by Crown

  (2) An information exhibited under subsection (1) shall, for all purposes of the Federal Courts Act, be deemed to be a proceeding by the Crown within the meaning of that Act.

• Marginal note:Existing remedies preserved

  (3) Nothing in this section shall be construed to impair, abridge or otherwise affect any right or remedy that, but for this section, would be available to Her Majesty or to an Indian or a band.

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