Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Persons entitled to be registered

• 6 (1) Subject to section 7, a person is entitled to be registered if

  • (a) that person was registered or entitled to be registered immediately before April 17, 1985;

  • (a.1) the name of that person was omitted or deleted from the Indian Register, or from a band list before September 4, 1951, under subparagraph 12(1)(a)(iv), paragraph 12(1)(b) or subsection 12(2) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as any of those provisions;

  • (a.2) that person meets the following conditions:

    • (i) they were born female during the period beginning on September 4, 1951 and ending on April 16, 1985 and their parents were not married to each other at the time of the birth,

    • (ii) their father was at the time of that person’s birth entitled to be registered or, if he was no longer living at that time, was at the time of death entitled to be registered, and

    • (iii) their mother was not at the time of that person’s birth entitled to be registered;

  • (a.3) that person is a direct descendant of a person who is, was or would have been entitled to be registered under paragraph (a.1) or (a.2) and

    • (i) they were born before April 17, 1985, whether or not their parents were married to each other at the time of the birth, or

    • (ii) they were born after April 16, 1985 and their parents were married to each other at any time before April 17, 1985;

  • (b) that person is a member of a body of persons that has been declared by the Governor in Council on or after April 17, 1985 to be a band for the purposes of this Act;

  • (c) [Repealed, 2017, c. 25, s. 2.1]

  • (c.01) [Repealed, 2017, c. 25, s. 2.1]

  • (c.02) [Repealed, 2017, c. 25, s. 2.1]

  • (c.1) [Repealed, 2017, c. 25, s. 2.1]

  • (c.2) [Repealed, 2017, c. 25, s. 2.1]

  • (c.3) [Repealed, 2017, c. 25, s. 2.1]

  • (c.4) [Repealed, 2017, c. 25, s. 2.1]

  • (c.5) [Repealed, 2017, c. 25, s. 2.1]

  • (c.6) [Repealed, 2017, c. 25, s. 2.1]

  • (d) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(1), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions;

  • (e) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951,

    • (i) under section 13, as it read immediately prior to September 4, 1951, or under any former provision of this Act relating to the same subject-matter as that section, or

    • (ii) under section 111, as it read immediately prior to July 1, 1920, or under any former provision of this Act relating to the same subject-matter as that section; or

  • (f) both parents of that person are entitled to be registered under this section or, if the parents are no longer living, were so entitled at the time of death.

• Marginal note:Persons entitled to be registered

  (2) Subject to section 7, a person is entitled to be registered if one of their parents is entitled to be registered under subsection (1) or, if that parent is no longer living, was so entitled at the time of death.

• Marginal note:Clarification

  (2.1) A person who is entitled to be registered under both paragraph (1)(f) and any other paragraph of subsection (1) is considered to be entitled to be registered under that other paragraph only, and a person who is entitled to be registered under both subsection (2) and any paragraph of subsection (1) is considered to be entitled to be registered under that paragraph only.

• Marginal note:Deeming provision

  (3) For the purposes of paragraphs (1)(a.3) and (f) and subsection (2),

  • (a) a person who was no longer living immediately prior to April 17, 1985 but who was at the time of death entitled to be registered shall be deemed to be entitled to be registered under paragraph (1)(a);

  • (b) a person who is described in paragraph (1)(a.1), (d), (e) or (f) or subsection (2) and who was no longer living on April 17, 1985 is deemed to be entitled to be registered under that paragraph or subsection; and

  • (c) [Repealed, 2017, c. 25, s. 2.1]

  • (d) a person who is described in paragraph (1)(a.2) or (a.3) and who was no longer living on the day on which that paragraph came into force is deemed to be entitled to be registered under that paragraph.

Marginal note:Persons not entitled to be registered

• 7 (1) The following persons are not entitled to be registered:

  • (a) a person who was registered under paragraph 11(1)(f), 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, and whose name was subsequently omitted or deleted from the Indian Register under this Act; or

  • (b) a person who is the child of a person who was registered or entitled to be registered under paragraph 11(1)(f), 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, and is also the child of a person who is not entitled to be registered.

• Marginal note:Exception

  (2) Paragraph (1)(a) does not apply in respect of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

• Marginal note:Idem

  (3) Paragraph (1)(b) does not apply in respect of the child of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

Band Lists

Marginal note:Band Lists

8 There shall be maintained in accordance with this Act for each band a Band List in which shall be entered the name of every person who is a member of that band.

Marginal note:Band Lists maintained in Department

• 9 (1) Until such time as a band assumes control of its Band List, the Band List of that band shall be maintained in the Department by the Registrar.

• Marginal note:Existing Band Lists

  (2) The names in a Band List of a band immediately prior to April 17, 1985 shall constitute the Band List of that band on April 17, 1985.

• Marginal note:Deletions and additions

  (3) The Registrar may at any time add to or delete from a Band List maintained in the Department the name of any person who, in accordance with this Act, is entitled or not entitled, as the case may be, to have his name included in that List.

• Marginal note:Date of change

  (4) A Band List maintained in the Department shall indicate the date on which each name was added thereto or deleted therefrom.

• Marginal note:Application for entry

  (5) The name of a person who is entitled to have his name entered in a Band List maintained in the Department is not required to be entered therein unless an application for entry therein is made to the Registrar.

Marginal note:Band control of membership

• 10 (1) A band may assume control of its own membership if it establishes membership rules for itself in writing in accordance with this section and if, after the band has given appropriate notice of its intention to assume control of its own membership, a majority of the electors of the band gives its consent to the band’s control of its own membership.

• Marginal note:Membership rules

  (2) A band may, pursuant to the consent of a majority of the electors of the band,

  • (a) after it has given appropriate notice of its intention to do so, establish membership rules for itself; and

  • (b) provide for a mechanism for reviewing decisions on membership.

• Marginal note:Exception relating to consent

  (3) Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect in respect of the band, the consents required under subsections (1) and (2) shall be given by a majority of the members of the band who are of the full age of eighteen years.

• Marginal note:Acquired rights

  (4) Membership rules established by a band under this section may not deprive any person who had the right to have his name entered in the Band List for that band, immediately prior to the time the rules were established, of the right to have his name so entered by reason only of a situation that existed or an action that was taken before the rules came into force.

• Marginal note:Idem

  (5) For greater certainty, subsection (4) applies in respect of a person who was entitled to have his name entered in the Band List under paragraph 11(1)(c) immediately before the band assumed control of the Band List if that person does not subsequently cease to be entitled to have his name entered in the Band List.

• Marginal note:Notice to the Minister

  (6) Where the conditions set out in subsection (1) have been met with respect to a band, the council of the band shall forthwith give notice to the Minister in writing that the band is assuming control of its own membership and shall provide the Minister with a copy of the membership rules for the band.

• Marginal note:Notice to band and copy of Band List

  (7) On receipt of a notice from the council of a band under subsection (6), the Minister shall, if the conditions set out in subsection (1) have been complied with, forthwith

  • (a) give notice to the band that it has control of its own membership; and

  • (b) direct the Registrar to provide the band with a copy of the Band List maintained in the Department.

• Marginal note:Effective date of band’s membership rules

  (8) Where a band assumes control of its membership under this section, the membership rules established by the band shall have effect from the day on which notice is given to the Minister under subsection (6), and any additions to or deletions from the Band List of the band by the Registrar on or after that day are of no effect unless they are in accordance with the membership rules established by the band.

• Marginal note:Band to maintain Band List

  (9) A band shall maintain its own Band List from the date on which a copy of the Band List is received by the band under paragraph (7)(b), and, subject to section 13.2, the Department shall have no further responsibility with respect to that Band List from that date.

• Marginal note:Deletions and additions

  (10) A band may at any time add to or delete from a Band List maintained by it the name of any person who, in accordance with the membership rules of the band, is entitled or not entitled, as the case may be, to have his name included in that list.

• Marginal note:Date of change

  (11) A Band List maintained by a band shall indicate the date on which each name was added thereto or deleted therefrom.

Marginal note:Membership rules for Departmental Band List

• 11 (1) Commencing on April 17, 1985, a person is entitled to have his name entered in a Band List maintained in the Department for a band if

  • (a) the name of that person was entered in the Band List for that band, or that person was entitled to have it entered in the Band List for that band, immediately prior to April 17, 1985;

  • (b) that person is entitled to be registered under paragraph 6(1)(b) as a member of that band;

  • (c) that person is entitled to be registered under paragraph 6(1)(a.1) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

  • (d) that person was born on or after April 17, 1985 and is entitled to be registered under paragraph 6(1)(f) and both parents of that person are entitled to have their names entered in the Band List or, if no longer living, were at the time of death entitled to have their names entered in the Band List.

• Marginal note:Additional membership rules for Departmental Band List

  (2) Commencing on the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, or on such earlier day as may be agreed to under section 13.1, where a band does not have control of its Band List under this Act, a person is entitled to have his name entered in a Band List maintained in the Department for the band

  • (a) if that person is entitled to be registered under paragraph 6(1)(d) or (e) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

  • (b) if that person is entitled to be registered under paragraph 6(1)(f) or subsection 6(2) and a parent referred to in that provision is entitled to have his name entered in the Band List or, if no longer living, was at the time of death entitled to have his name entered in the Band List.

• Marginal note:Deeming provision

  (3) For the purposes of paragraph (1)(d) and subsection (2),

  • (a) a person whose name was omitted or deleted from the Indian Register or a Band List in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member is deemed to be entitled to have the person’s name so entered;

  • (a.1) a person who would have been entitled to be registered under paragraph 6(1)(a.2) or (a.3), had they been living on the day on which that paragraph came into force, and who would otherwise have been entitled, on that day, to have their name entered in a Band List, is deemed to be entitled to have their name so entered; and

  • (b) a person described in paragraph (2)(b) shall be deemed to be entitled to have the person’s name entered in the Band List in which the parent referred to in that paragraph is or was, or is deemed by this section to be, entitled to have the parent’s name entered.

• Marginal note:Additional membership rules — paragraphs 6(1)(c.01) to (c.6)

  (3.1) A person is entitled to have their name entered in a Band List that is maintained in the Department for a band if

  • (a) they are entitled to be registered under paragraph 6(1)(a.2) and their father is entitled to have his name entered in the Band List or, if their father is no longer living, was so entitled at the time of death; or

  • (b) they are entitled to be registered under paragraph 6(1)(a.3) and one of their parents, grandparents or other ancestors

    • (i) ceased to be entitled to be a member of that band by reason of the circumstances set out in paragraph 6(1)(a.1), or

    • (ii) was not entitled to be a member of that band immediately before April 17, 1985.

  • (c) [Repealed, 2017, c. 25, s. 3.1]

  • (d) [Repealed, 2017, c. 25, s. 3.1]

  • (e) [Repealed, 2017, c. 25, s. 3.1]

  • (f) [Repealed, 2017, c. 25, s. 3.1]

  • (g) [Repealed, 2017, c. 25, s. 3.1]

  • (h) [Repealed, 2017, c. 25, s. 3.1]

  • (i) [Repealed, 2017, c. 25, s. 3.1]

• Marginal note:Where band amalgamates or is divided

  (4) Where a band amalgamates with another band or is divided so as to constitute new bands, any person who would otherwise have been entitled to have his name entered in the Band List of that band under this section is entitled to have his name entered in the Band List of the amalgamated band or the new band to which that person has the closest family ties, as the case may be.