Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Uncultivated or unused lands

• 58 (1) Where land in a reserve is uncultivated or unused, the Minister may, with the consent of the council of the band,

  • (a) improve or cultivate that land and employ persons therefor, and authorize and direct the expenditure of such amount of the capital funds of the band as he considers necessary for that improvement or cultivation including the purchase of such stock, machinery or material or for the employment of such labour as the Minister considers necessary;

  • (b) where the land is in the lawful possession of any individual, grant a lease of that land for agricultural or grazing purposes or for any purpose that is for the benefit of the person in possession of the land; and

  • (c) where the land is not in the lawful possession of any individual, grant for the benefit of the band a lease of that land for agricultural or grazing purposes.

• Marginal note:Distribution of proceeds

  (2) Out of the proceeds derived from the improvement or cultivation of lands pursuant to paragraph (1)(b), a reasonable rent shall be paid to the individual in lawful possession of the lands or any part thereof and the remainder of the proceeds shall be placed to the credit of the band, but if improvements are made on the lands occupied by an individual, the Minister may deduct the value of the improvements from the rent payable to the individual under this subsection.

• Marginal note:Lease at request of occupant

  (3) The Minister may lease for the benefit of any Indian, on application of that Indian for that purpose, the land of which the Indian is lawfully in possession without the land being designated.

• Marginal note:Disposition of grass, timber, non-metallic substances, etc.

  (4) Notwithstanding anything in this Act, the Minister may, without an absolute surrender or a designation

  • (a) dispose of wild grass or dead or fallen timber; and

  • (b) with the consent of the council of the band, dispose of sand, gravel, clay and other non-metallic substances on or under lands in a reserve, or, where that consent cannot be obtained without undue difficulty or delay, may issue temporary permits for the taking of sand, gravel, clay and other non-metallic substances on or under lands in a reserve, renewable only with the consent of the council of the band.

• Marginal note:Proceeds

  (5) The proceeds of the transactions referred to in subsection (4) shall be credited to band funds or shall be divided between the band and the individual Indians in lawful possession of the lands in such shares as the Minister may determine.

Marginal note:Adjustment of contracts

59 The Minister may, with the consent of the council of a band,

• (a) reduce or adjust the amount payable to Her Majesty in respect of a transaction affecting absolutely surrendered lands, designated lands or other lands in a reserve or the rate of interest payable thereon; and

• (b) reduce or adjust the amount payable to the band by an Indian in respect of a loan made to the Indian from band funds.

Marginal note:Control over lands

• 60 (1) The Governor in Council may at the request of a band grant to the band the right to exercise such control and management over lands in the reserve occupied by that band as the Governor in Council considers desirable.

• Marginal note:Withdrawal

  (2) The Governor in Council may at any time withdraw from a band a right conferred on the band under subsection (1).

Management of Indian Moneys

Marginal note:Indian moneys to be held for use and benefit

• 61 (1) Indian moneys shall be expended only for the benefit of the Indians or bands for whose use and benefit in common the moneys are received or held, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which Indian moneys are used or are to be used is for the use and benefit of the band.

• Marginal note:Interest

  (2) Interest on Indian moneys held in the Consolidated Revenue Fund shall be allowed at a rate to be fixed from time to time by the Governor in Council.

Marginal note:Capital and revenue

62 All Indian moneys derived from the sale of surrendered lands or the sale of capital assets of a band shall be deemed to be capital moneys of the band and all Indian moneys other than capital moneys shall be deemed to be revenue moneys of the band.

Marginal note:Payments to Indians

63 Notwithstanding the Financial Administration Act, where moneys to which an Indian is entitled are paid to a superintendent under any lease or agreement made under this Act, the superintendent may pay the moneys to the Indian.

Marginal note:Expenditure of capital moneys with consent

• 64 (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of capital moneys of the band

  • (a) to distribute per capita to the members of the band an amount not exceeding fifty per cent of the capital moneys of the band derived from the sale of surrendered lands;

  • (b) to construct and maintain roads, bridges, ditches and watercourses on reserves or on surrendered lands;

  • (c) to construct and maintain outer boundary fences on reserves;

  • (d) to purchase land for use by the band as a reserve or as an addition to a reserve;

  • (e) to purchase for the band the interest of a member of the band in lands on a reserve;

  • (f) to purchase livestock and farm implements, farm equipment or machinery for the band;

  • (g) to construct and maintain on or in connection with a reserve such permanent improvements or works as in the opinion of the Minister will be of permanent value to the band or will constitute a capital investment;

  • (h) to make to members of the band, for the purpose of promoting the welfare of the band, loans not exceeding one-half of the total value of

    • (i) the chattels owned by the borrower, and

    • (ii) the land with respect to which he holds or is eligible to receive a Certificate of Possession,

    and may charge interest and take security therefor;

  • (i) to meet expenses necessarily incidental to the management of lands on a reserve, surrendered lands and any band property;

  • (j) to construct houses for members of the band, to make loans to members of the band for building purposes with or without security and to provide for the guarantee of loans made to members of the band for building purposes; and

  • (k) for any other purpose that in the opinion of the Minister is for the benefit of the band.

• Marginal note:Expenditure of capital moneys in accordance with by-laws

  (2) The Minister may make expenditures out of the capital moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the capital moneys.

Marginal note:Expenditure of capital moneys with consent

• 64.1 (1) A person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, exceeds $1,000, together with any interest.

• Marginal note:Expenditure of capital moneys in accordance with by-laws

  (2) If the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds $1,000, together with any interest, has been repaid to the band.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations prescribing the manner of determining interest for the purpose of subsections (1) and (2).

Marginal note:Expenditure of capital

65 The Minister may pay from capital moneys

• (a) compensation to an Indian in an amount that is determined in accordance with this Act to be payable to him in respect of land compulsorily taken from him for band purposes; and

• (b) expenses incurred to prevent or suppress grass or forest fires or to protect the property of Indians in cases of emergency.

Marginal note:Expenditure of revenue moneys with consent of band

• 66 (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of revenue moneys for any purpose that in the opinion of the Minister will promote the general progress and welfare of the band or any member of the band.

• Marginal note:Minister may direct expenditure

  (2) The Minister may make expenditures out of the revenue moneys of the band to assist sick, disabled, aged or destitute Indians of the band, to provide for the burial of deceased indigent members of the band and to provide for the payment of contributions under the Employment Insurance Act on behalf of employed persons who are paid in respect of their employment out of moneys of the band.

• Marginal note:Idem

  (2.1) The Minister may make expenditures out of the revenue moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the revenue moneys.

• Marginal note:Expenditure of revenue moneys with authority of Minister

  (3) The Minister may authorize the expenditure of revenue moneys of the band for all or any of the following purposes, namely,

  • (a) for the destruction of noxious weeds and the prevention of the spreading or prevalence of insects, pests or diseases that may destroy or injure vegetation on Indian reserves;

  • (b) to prevent, mitigate and control the spread of diseases on reserves, whether or not the diseases are infectious or communicable;

  • (c) to provide for the inspection of premises on reserves and the destruction, alteration or renovation thereof;

  • (d) to prevent overcrowding of premises on reserves used as dwellings;

  • (e) to provide for sanitary conditions in private premises on reserves as well as in public places on reserves; and

  • (f) for the construction and maintenance of boundary fences.

Marginal note:Recovery of certain expenses

67 Where money is expended by Her Majesty for the purpose of raising or collecting Indian moneys, the Minister may authorize the recovery of the amount so expended from the moneys of the band.

Marginal note:Maintenance of dependants

68 Where the Minister is satisfied that an Indian

• (a) has deserted his spouse or common-law partner or family without sufficient cause,

• (b) has conducted himself in such a manner as to justify the refusal of his spouse or common-law partner or family to live with him, or

• (c) has been separated by imprisonment from his spouse or common-law partner and family,

the Minister may order that payments of any annuity or interest money to which that Indian is entitled shall be applied to the support of the spouse or common-law partner or family or both the spouse or common-law partner and family of that Indian.