Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Powers of Minister generally

• 51 (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.