Indian Act

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

  • (a) any Indians or any group or band of Indians, or

  • (b) any reserve or any surrendered lands or any part thereof,

  and may by proclamation revoke any such declaration.

• 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 122 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.