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Indian Act (R.S.C., 1985, c. I-5)

Full Document:  

Act current to 2024-05-28 and last amended on 2019-08-15. Previous Versions


 [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 20]


Marginal note:Agreements with provinces, etc.

  •  (1) The Governor in Council may authorize the Minister, in accordance with this Act, to enter into agreements on behalf of Her Majesty for the education in accordance with this Act of Indian children, with

    • (a) the government of a province;

    • (b) the Commissioner of Yukon;

    • (c) the Commissioner of the Northwest Territories;

    • (c.1) the Commissioner of Nunavut; and

    • (d) a public or separate school board.

    • (e) [Repealed, 2014, c. 38, s. 14]

  • Marginal note:Schools

    (2) The Minister may, in accordance with this Act, establish, operate and maintain schools for Indian children.

  • R.S., 1985, c. I-5, s. 114
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 184
  • 2014, c. 38, s. 14

Marginal note:Regulations

 The Minister may

  • (a) provide for and make regulations with respect to standards for buildings, equipment, teaching, education, inspection and discipline in connection with schools; and

  • (b) provide for the transportation of children to and from school.

  • (c) and (d) [Repealed, 2014, c. 38, s. 15]

  • R.S., 1985, c. I-5, s. 115
  • 2014, c. 38, s. 15

Marginal note:Attendance

  •  (1) Subject to section 117, every Indian child who has attained the age of seven years shall attend school.

  • Marginal note:Idem

    (2) The Minister may

    • (a) require an Indian who has attained the age of six years to attend school; and

    • (b) require an Indian who becomes sixteen years of age during the school term to continue to attend school until the end of that term.

    • (c) [Repealed, 2014, c. 38, s. 16]

  • R.S., 1985, c. I-5, s. 116
  • 2014, c. 38, s. 16

Marginal note:When attendance not required

 An Indian child is not required to attend school if the child

  • (a) is, by reason of sickness or other unavoidable cause that is reported promptly to the principal, unable to attend school; or

  • (b) is under efficient instruction at home or elsewhere.

  • R.S., 1985, c. I-5, s. 117
  • 2014, c. 38, s. 17

 [Repealed, 2014, c. 38, s. 17]

 [Repealed, 2014, c. 38, s. 17]

 [Repealed, 2014, c. 38, s. 17]

 [Repealed, 2014, c. 38, s. 17]

Marginal note:Definitions

 The following definitions apply in sections 114 to 117.


child means an Indian who has attained the age of six years but has not attained the age of sixteen years, and a person who is required by the Minister to attend school; (enfant)


school includes a day school, technical school and high school. (école)

truant officer

truant officer[Repealed, 2014, c. 38, s. 18]

  • R.S., 1985, c. I-5, s. 123
  • 2014, c. 38, s. 18

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