Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Entitlement with consent of band

12 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, any person who

• (a) is entitled to be registered under section 6, but is not entitled to have his name entered in the Band List maintained in the Department under section 11, or

• (b) is a member of another band,

is entitled to have his name entered in the Band List maintained in the Department for a band if the council of the admitting band consents.

Marginal note:Limitation to one Band List

13 Notwithstanding sections 11 and 12, no person is entitled to have his name entered at the same time in more than one Band List maintained in the Department.

Marginal note:Decision to leave Band List control with Department

• 13.1 (1) A band may, at any time prior to 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, decide to leave the control of its Band List with the Department if a majority of the electors of the band gives its consent to that decision.

• Marginal note:Notice to the Minister

  (2) Where a band decides to leave the control of its Band List with the Department under subsection (1), the council of the band shall forthwith give notice to the Minister in writing to that effect.

• Marginal note:Subsequent band control of membership

  (3) Notwithstanding a decision under subsection (1), a band may, at any time after that decision is taken, assume control of its Band List under section 10.

Marginal note:Return of control to Department

• 13.2 (1) A band may, at any time after assuming control of its Band List under section 10, decide to return control of the Band List to the Department if a majority of the electors of the band gives its consent to that decision.

• Marginal note:Notice to the Minister and copy of membership rules

  (2) Where a band decides to return control of its Band List to the Department under subsection (1), the council of the band shall forthwith give notice to the Minister in writing to that effect and shall provide the Minister with a copy of the Band List and a copy of all the membership rules that were established by the band under subsection 10(2) while the band maintained its own Band List.

• Marginal note:Transfer of responsibility to Department

  (3) Where a notice is given under subsection (2) in respect of a Band List, the maintenance of that Band List shall be the responsibility of the Department from the date on which the notice is received and from that time the Band List shall be maintained in accordance with the membership rules set out in section 11.

Marginal note:Entitlement retained

13.3 A person is entitled to have his name entered in a Band List maintained in the Department pursuant to section 13.2 if that person was entitled to have his name entered, and his name was entered, in the Band List immediately before a copy of it was provided to the Minister under subsection 13.2(2), whether or not that person is also entitled to have his name entered in the Band List under section 11.

Notice of Band Lists

Marginal note:Copy of Band List provided to band council

• 14 (1) Within one month after the day an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, the Registrar shall provide the council of each band with a copy of the Band List for the band as it stood immediately prior to that day.

• Marginal note:List of additions and deletions

  (2) Where a Band List is maintained by the Department, the Registrar shall, at least once every two months after a copy of the Band List is provided to the council of a band under subsection (1), provide the council of the band with a list of the additions to or deletions from the Band List not included in a list previously provided under this subsection.

• Marginal note:Lists to be posted

  (3) The council of each band shall, forthwith on receiving a copy of the Band List under subsection (1), or a list of additions to and deletions from its Band List under subsection (2), post the copy or the list, as the case may be, in a conspicuous place on the reserve of the band.

Inquiries

Marginal note:Inquiries relating to Indian Register or Band Lists

14.1 The Registrar shall, on inquiry from any person who believes that he or any person he represents is entitled to have his name included in the Indian Register or a Band List maintained in the Department, indicate to the person making the inquiry whether or not that name is included therein.

Protests

Marginal note:Protests

• 14.2 (1) A protest may be made in respect of the inclusion or addition of the name of a person in, or the omission or deletion of the name of a person from, the Indian Register, or a Band List maintained in the Department, within three years after the inclusion or addition, or omission or deletion, as the case may be, by notice in writing to the Registrar, containing a brief statement of the grounds therefor.

• Marginal note:Protest in respect of Band List

  (2) A protest may be made under this section in respect of the Band List of a band by the council of the band, any member of the band or the person in respect of whose name the protest is made or that person’s representative.

• Marginal note:Protest in respect of Indian Register

  (3) A protest may be made under this section in respect of the Indian Register by the person in respect of whose name the protest is made or that person’s representative.

• Marginal note:Onus of proof

  (4) The onus of establishing the grounds of a protest under this section lies on the person making the protest.

• Marginal note:Registrar to cause investigation

  (5) Where a protest is made to the Registrar under this section, the Registrar shall cause an investigation to be made into the matter and render a decision.

• Marginal note:Evidence

  (6) For the purposes of this section, the Registrar may receive such evidence on oath, on affidavit or in any other manner, whether or not admissible in a court of law, as the Registrar, in his discretion, sees fit or deems just.

• Marginal note:Decision final

  (7) Subject to section 14.3, the decision of the Registrar under subsection (5) is final and conclusive.

Marginal note:Appeal

• 14.3 (1) Within six months after the Registrar renders a decision on a protest under section 14.2,

  • (a) in the case of a protest in respect of the Band List of a band, the council of the band, the person by whom the protest was made, or the person in respect of whose name the protest was made or that person’s representative, or

  • (b) in the case of a protest in respect of the Indian Register, the person in respect of whose name the protest was made or that person’s representative,

  may, by notice in writing, appeal the decision to a court referred to in subsection (5).

• Marginal note:Copy of notice of appeal to the Registrar

  (2) Where an appeal is taken under this section, the person who takes the appeal shall forthwith provide the Registrar with a copy of the notice of appeal.

• Marginal note:Material to be filed with the court by Registrar

  (3) On receipt of a copy of a notice of appeal under subsection (2), the Registrar shall forthwith file with the court a copy of the decision being appealed together with all documentary evidence considered in arriving at that decision and any recording or transcript of any oral proceedings related thereto that were held before the Registrar.

• Marginal note:Decision

  (4) The court may, after hearing an appeal under this section,

  • (a) affirm, vary or reverse the decision of the Registrar; or

  • (b) refer the subject-matter of the appeal back to the Registrar for reconsideration or further investigation.

• Marginal note:Court

  (5) An appeal may be heard under this section

  • (a) in the Province of Quebec, before the Superior Court for the district in which the band is situated or in which the person who made the protest resides, or for such other district as the Minister may designate;

  • (a.1) in the Province of Ontario, before the Superior Court of Justice;

  • (b) in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, before the Court of Queen’s Bench;

  • (c) in the Province of Newfoundland and Labrador, before the Trial Division of the Supreme Court;

  • (c.1) [Repealed, 1992, c. 51, s. 54]

  • (d) in the Province of Nova Scotia, British Columbia or Prince Edward Island, in Yukon or in the Northwest Territories, before the Supreme Court; or

  • (e) in Nunavut, before the Nunavut Court of Justice.

Payments in Respect of Persons Ceasing To Be Band Members

• 15 (1) to (4) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 5]

• Marginal note:Commutation of payments under former Act

  (5) Where, prior to September 4, 1951, any woman became entitled, under section 14 of the Indian Act, chapter 98 of the Revised Statutes of Canada, 1927, or any prior provisions to the like effect, to share in the distribution of annuities, interest moneys or rents, the Minister may, in lieu thereof, pay to that woman out of the moneys of the band an amount equal to ten times the average annual amounts of the payments made to her during the ten years last preceding or, if they were paid for less than ten years, during the years they were paid.

• 16 (1) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 6]

• Marginal note:Transferred member’s interest

  (2) A person who ceases to be a member of one band by reason of becoming a member of another band is not entitled to any interest in the lands or moneys held by Her Majesty on behalf of the former band, but is entitled to the same interest in common in lands and moneys held by Her Majesty on behalf of the latter band as other members of that band.

• (3) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 6]

New Bands

Marginal note:Minister may constitute new bands

• 17 (1) The Minister may, whenever he considers it desirable,

  • (a) amalgamate bands that, by a vote of a majority of their electors, request to be amalgamated; and

  • (b) constitute new bands and establish Band Lists with respect thereto from existing Band Lists, or from the Indian Register, if requested to do so by persons proposing to form the new bands.

• Marginal note:Division of reserves and funds

  (2) Where pursuant to subsection (1) a new band has been established from an existing band or any part thereof, such portion of the reserve lands and funds of the existing band as the Minister determines shall be held for the use and benefit of the new band.

• Marginal note:No protest

  (3) No protest may be made under section 14.2 in respect of the deletion from or the addition to a Band List consequent on the exercise by the Minister of any of the Minister’s powers under subsection (1).