Indian Act

Marginal note:Truant officers

• 119 (1) The Minister may appoint persons, to be called truant officers, to enforce the attendance of Indian children at school, and for that purpose a truant officer has the powers of a peace officer.

• Marginal note:Powers

  (2) Without restricting the generality of subsection (1), a truant officer may, subject to subsection (2.1),

  • (a) enter any place where he believes, on reasonable grounds, that there are Indian children who are between the ages of seven and sixteen years, or who are required by the Minister to attend school;

  • (b) investigate any case of truancy; and

  • (c) serve written notice on the parent, guardian or other person having the care or legal custody of a child to cause the child to attend school regularly thereafter.

• Marginal note:Warrant required to enter dwelling-house

  (2.1) Where any place referred to in paragraph (2)(a) is a dwelling-house, a truant officer may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2.2).

• Marginal note:Authority to issue warrant

  (2.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in paragraph (2)(a) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the truant officer named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (2.3) In executing a warrant issued under subsection (2.2), the truant officer named therein shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Notice to attend school

  (3) Where a notice has been served in accordance with paragraph (2)(c) with respect to a child who is required by this Act to attend school and the child does not within three days after the service of notice attend school and continue to attend school regularly thereafter, the person on whom the notice was served is guilty of an offence and liable on summary conviction to a fine not exceeding five dollars or to imprisonment for a term not exceeding ten days or to both.

• Marginal note:Further notices

  (4) Where a person has been served with a notice in accordance with paragraph (2)(c), it is not necessary within a period of twelve months thereafter to serve that person with any other notice in respect of further non-compliance with this Act, and whenever that person within the period of twelve months fails to cause the child with respect to whom the notice was served or any other child of whom he has charge or control to attend school and continue in regular attendance as required by this Act, that person is guilty of an offence and liable to the punishment imposed by subsection (3) as if he had been served with the notice.

• Marginal note:Tardiness

  (5) A child who is habitually late for school shall be deemed to be absent from school.

• Marginal note:Take into custody

  (6) A truant officer may take into custody a child whom he believes on reasonable grounds to be absent from school contrary to this Act and may convey the child to school, using as much force as the circumstances require.