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Indian Act (R.S.C., 1985, c. I-5)

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Act current to 2022-06-20 and last amended on 2019-08-15. Previous Versions

Powers of the Council (continued)

Marginal note:Recovery of taxes

 Where a tax that is imposed on an Indian by or under the authority of a by-law made under section 83 is not paid in accordance with the by-law, the Minister may pay the amount owing together with an amount equal to one-half of one per cent thereof out of moneys payable out of the funds of the band to the Indian.

  • R.S., c. I-6, s. 84

 [Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11]

Marginal note:By-laws relating to intoxicants

  •  (1) Subject to subsection (2), the council of a band may make by-laws

    • (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the band;

    • (b) prohibiting any person from being intoxicated on the reserve;

    • (c) prohibiting any person from having intoxicants in his possession on the reserve; and

    • (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c).

  • Marginal note:Consent of electors

    (2) A by-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a special meeting of the band called by the council of the band for the purpose of considering the by-law.

  • (3) [Repealed, 2014, c. 38, s. 8]

  • Marginal note:Offence

    (4) Every person who contravenes a by-law made under this section is guilty of an offence and liable on summary conviction

    • (a) in the case of a by-law made under paragraph (1)(a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a by-law made under paragraph (1)(b) or (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., 1985, c. 32 (1st Supp.), s. 16
  • 2014, c. 38, s. 8

Marginal note:Publication of by-laws

  •  (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances.

  • Marginal note:Copies of by-laws

    (2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council.

  • Marginal note:For greater certainty

    (3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one.

  • Marginal note:Coming into force

    (4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law.

  • Marginal note:Duration of publication —  Internet site

    (5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force.

  • R.S., 1985, c. I-5, s. 86
  • 2014, c. 38, s. 9

Taxation

Marginal note:Property exempt from taxation

  •  (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:

    • (a) the interest of an Indian or a band in reserve lands or surrendered lands; and

    • (b) the personal property of an Indian or a band situated on a reserve.

  • Marginal note:Idem

    (2) No Indian or band is subject to taxation in respect of the ownership, occupation, possession or use of any property mentioned in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property.

  • Marginal note:Idem

    (3) No succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any property mentioned in paragraphs (1)(a) or (b) or the succession thereto if the property passes to an Indian, nor shall any such property be taken into account in determining the duty payable under the Dominion Succession Duty Act, chapter 89 of the Revised Statutes of Canada, 1952, or the tax payable under the Estate Tax Act, chapter E-9 of the Revised Statutes of Canada, 1970, on or in respect of other property passing to an Indian.

  • R.S., 1985, c. I-5, s. 87
  • 2005, c. 9, s. 150
  • 2012, c. 19, s. 677

Legal Rights

Marginal note:General provincial laws applicable to Indians

 Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.

  • R.S., 1985, c. I-5, s. 88
  • 2005, c. 9, s. 151
  • 2012, c. 19, s. 678

Marginal note:Restriction on mortgage, seizure, etc., of property on reserve

  •  (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.

  • Marginal note:Exception

    (1.1) Notwithstanding subsection (1), a leasehold interest in designated lands is subject to charge, pledge, mortgage, attachment, levy, seizure, distress and execution.

  • Marginal note:Conditional sales

    (2) A person who sells to a band or a member of a band a chattel under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under the agreement notwithstanding that the chattel is situated on a reserve.

  • R.S., 1985, c. I-5, s. 89
  • R.S., 1985, c. 17 (4th Supp.), s. 12

Marginal note:Property deemed situated on reserve

  •  (1) For the purposes of sections 87 and 89, personal property that was

    • (a) purchased by Her Majesty with Indian moneys or moneys appropriated by Parliament for the use and benefit of Indians or bands, or

    • (b) given to Indians or to a band under a treaty or agreement between a band and Her Majesty,

    shall be deemed always to be situated on a reserve.

  • Marginal note:Restriction on transfer

    (2) Every transaction purporting to pass title to any property that is by this section deemed to be situated on a reserve, or any interest in such property, is void unless the transaction is entered into with the consent of the Minister or is entered into between members of a band or between the band and a member thereof.

  • Marginal note:Destruction of property

    (3) Every person who enters into any transaction that is void by virtue of subsection (2) is guilty of an offence, and every person who, without the written consent of the Minister, destroys personal property that is by this section deemed to be situated on a reserve is guilty of an offence.

  • R.S., c. I-6, s. 90

Trading with Indians

Marginal note:Certain property on a reserve may not be acquired

  •  (1) No person may, without the written consent of the Minister, acquire title to any of the following property situated on a reserve, namely,

    • (a) an Indian grave house;

    • (b) a carved grave pole;

    • (c) a totem pole;

    • (d) a carved house post; or

    • (e) a rock embellished with paintings or carvings.

  • Marginal note:Saving

    (2) Subsection (1) does not apply to chattels referred to therein that are manufactured for sale by Indians.

  • Marginal note:Removal, destruction, etc.

    (3) No person shall remove, take away, mutilate, disfigure, deface or destroy any chattel referred to in subsection (1) without the written consent of the Minister.

  • Marginal note:Punishment

    (4) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months.

  • R.S., c. I-6, s. 91

 [Repealed, 2014, c. 38, s. 10]

Removal of Materials from Reserves

Marginal note:Removal of material from reserve

 A person who, without the written permission of the Minister or his duly authorized representative,

  • (a) removes or permits anyone to remove from a reserve

    • (i) minerals, stone, sand, gravel, clay or soil, or

    • (ii) trees, saplings, shrubs, underbrush, timber, cordwood or hay, or

  • (b) has in his possession anything removed from a reserve contrary to this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. I-6, s. 93

Offences, Punishment and Enforcement

 [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 17]

Marginal note:Certificate of analysis is evidence

 In every prosecution under this Act a certificate of analysis furnished by an analyst employed by the Government of Canada or by a province shall be accepted as evidence of the facts stated therein and of the authority of the person giving or issuing the certificate, without proof of the signature of the person appearing to have signed the certificate or his official character, and without further proof thereof.

  • R.S., c. I-6, s. 101

Marginal note:Penalty where no other provided

 Every person who is guilty of an offence against any provision of this Act or any regulation made by the Governor in Council or the Minister for which a penalty is not provided elsewhere in this Act or the regulations is liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. I-6, s. 102

Marginal note:Seizure of goods

  •  (1) Whenever a peace officer, a superintendent or a person authorized by the Minister believes on reasonable grounds that a by-law made under subsection 81(1) or 85.1(1) has been contravened or an offence against section 90 or 93 has been committed, he may seize all goods and chattels by means of or in relation to which he believes on reasonable grounds the by-law was contravened or the offence was committed.

  • Marginal note:Detention

    (2) All goods and chattels seized pursuant to subsection (1) may be detained for a period of three months following the day of seizure unless during that period proceedings are undertaken under this Act in respect of the offence, in which case the goods and chattels may be further detained until the proceedings are finally concluded.

  • Marginal note:Forfeiture

    (3) Where a person is convicted of an offence against the sections mentioned in subsection (1), the convicting court or judge may order that the goods and chattels by means of or in relation to which the offence was committed, in addition to any penalty imposed, are forfeited to Her Majesty and may be disposed of as the Minister directs.

  • Marginal note:Search

    (4) A justice who is satisfied by information on oath that there is reasonable ground to believe that there are in a reserve or in any building, receptacle or place any goods or chattels by means of or in relation to which an offence against any of the sections mentioned in subsection (1) has been, is being or is about to be committed may at any time issue a warrant under his hand authorizing a person named therein or a peace officer at any time to search the reserve, building, receptacle or place for any of those goods or chattels.

  • R.S., 1985, c. I-5, s. 103
  • R.S., 1985, c. 32 (1st Supp.), s. 19
  • 2014, c. 38, s. 11

Marginal note:Disposition of fines

  •  (1) Subject to subsection (2), every fine, penalty or forfeiture imposed under this Act belongs to Her Majesty for the benefit of the band, or of one or more members of the band, with respect to which the offence was committed or to which the offender, if an Indian, belongs.

  • Marginal note:Exception

    (2) The Governor in Council may from time to time direct that a fine, penalty or forfeiture described in subsection (1) shall be paid to a provincial, municipal or local authority that bears in whole or in part the expense of administering the law under which the fine, penalty or forfeiture is imposed, or that the fine, penalty or forfeiture shall be applied in the manner that he considers will best promote the purposes of the law under which the fine, penalty or forfeiture is imposed, or the administration of that law.

  • Marginal note:Disposition of fines imposed under by-laws

    (3) If a fine is imposed under a by-law made by the council of a band under this Act, it belongs to the band and subsections (1) and (2) do not apply.

  • R.S., 1985, c. I-5, s. 104
  • 2014, c. 38, s. 12

 [Repealed, 2014, c. 38, s. 13]

Marginal note:Jurisdiction of provincial court judges

 A provincial court judge has, with respect to matters arising under this Act, jurisdiction over the whole county, union of counties or judicial district in which the city, town or other place for which he is appointed or in which he has jurisdiction under provincial laws is situated.

  • R.S., 1985, c. I-5, s. 106
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Appointment of justices

 The Governor in Council may appoint persons to be, for the purposes of this Act, justices of the peace and those persons have the powers and authority of two justices of the peace with regard to

  • (a) any offence under this Act; and

  • (b) any offence under the Criminal Code relating to cruelty to animals, common assault, breaking and entering and vagrancy, where the offence is committed by an Indian or relates to the person or property of an Indian.

  • R.S., c. I-6, s. 107

Marginal note:Commissioners for taking oaths

 For the purposes of this Act or any matter relating to Indian affairs

  • (a) persons appointed by the Minister for the purpose,

  • (b) superintendents, and

  • (c) the Minister and the Deputy Minister of Indigenous Services,

are commissioners for the taking of oaths.

 
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