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Indian Act (R.S.C., 1985, c. I-5)

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Act current to 2024-04-01 and last amended on 2019-08-15. Previous Versions

Marginal note:Powers of Minister generally

  •  (1) Subject to this section, all jurisdiction and authority in relation to the property of mentally incompetent Indians is vested exclusively in the Minister.

  • Marginal note:Particular powers

    (2) Without restricting the generality of subsection (1), the Minister may

    • (a) appoint persons to administer the estates of mentally incompetent Indians;

    • (b) order that any property of a mentally incompetent Indian shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose of

      • (i) paying his debts or engagements,

      • (ii) discharging encumbrances on his property,

      • (iii) paying debts or expenses incurred for his maintenance or otherwise for his benefit, or

      • (iv) paying or providing for the expenses of future maintenance; and

    • (c) make such orders and give such directions as he considers necessary to secure the satisfactory management of the estates of mentally incompetent Indians.

  • Marginal note:Property off reserve

    (3) The Minister may order that any property situated off a reserve and belonging to a mentally incompetent Indian shall be dealt with under the laws of the province in which the property is situated.

  • R.S., c. I-6, s. 51

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