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Indian Act (R.S.C., 1985, c. I-5)

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Act current to 2019-11-19 and last amended on 2019-08-15. Previous Versions

Marginal note:Persons entitled to be registered

  •  (1) Subject to section 7, a person is entitled to be registered if

    • (a) that person was registered or entitled to be registered immediately before April 17, 1985;

    • (a.1) the name of that person was omitted or deleted from the Indian Register, or from a band list before September 4, 1951, under subparagraph 12(1)(a)(iv), paragraph 12(1)(b) or subsection 12(2) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as any of those provisions;

    • (a.2) that person meets the following conditions:

      • (i) they were born female during the period beginning on September 4, 1951 and ending on April 16, 1985 and their parents were not married to each other at the time of the birth,

      • (ii) their father was at the time of that person’s birth entitled to be registered or, if he was no longer living at that time, was at the time of death entitled to be registered, and

      • (iii) their mother was not at the time of that person’s birth entitled to be registered;

    • (a.3) that person is a direct descendant of a person who is, was or would have been entitled to be registered under paragraph (a.1) or (a.2) and

      • (i) they were born before April 17, 1985, whether or not their parents were married to each other at the time of the birth, or

      • (ii) they were born after April 16, 1985 and their parents were married to each other at any time before April 17, 1985;

    • (b) that person is a member of a body of persons that has been declared by the Governor in Council on or after April 17, 1985 to be a band for the purposes of this Act;

    • (c) [Repealed, 2017, c. 25, s. 2.1]

    • (c.01) [Repealed, 2017, c. 25, s. 2.1]

    • (c.02) [Repealed, 2017, c. 25, s. 2.1]

    • (c.1) [Repealed, 2017, c. 25, s. 2.1]

    • (c.2) [Repealed, 2017, c. 25, s. 2.1]

    • (c.3) [Repealed, 2017, c. 25, s. 2.1]

    • (c.4) [Repealed, 2017, c. 25, s. 2.1]

    • (c.5) [Repealed, 2017, c. 25, s. 2.1]

    • (c.6) [Repealed, 2017, c. 25, s. 2.1]

    • (d) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(1), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions;

    • (e) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951,

      • (i) under section 13, as it read immediately prior to September 4, 1951, or under any former provision of this Act relating to the same subject-matter as that section, or

      • (ii) under section 111, as it read immediately prior to July 1, 1920, or under any former provision of this Act relating to the same subject-matter as that section; or

    • (f) both parents of that person are entitled to be registered under this section or, if the parents are no longer living, were so entitled at the time of death.

  • Marginal note:Persons entitled to be registered

    (2) Subject to section 7, a person is entitled to be registered if one of their parents is entitled to be registered under subsection (1) or, if that parent is no longer living, was so entitled at the time of death.

  • Marginal note:Clarification

    (2.1) A person who is entitled to be registered under both paragraph (1)(f) and any other paragraph of subsection (1) is considered to be entitled to be registered under that other paragraph only, and a person who is entitled to be registered under both subsection (2) and any paragraph of subsection (1) is considered to be entitled to be registered under that paragraph only.

  • Marginal note:Deeming provision

    (3) For the purposes of paragraphs (1)(a.3) and (f) and subsection (2),

    • (a) a person who was no longer living immediately prior to April 17, 1985 but who was at the time of death entitled to be registered shall be deemed to be entitled to be registered under paragraph (1)(a);

    • (b) a person who is described in paragraph (1)(a.1), (d), (e) or (f) or subsection (2) and who was no longer living on April 17, 1985 is deemed to be entitled to be registered under that paragraph or subsection; and

    • (c) [Repealed, 2017, c. 25, s. 2.1]

    • (d) a person who is described in paragraph (1)(a.2) or (a.3) and who was no longer living on the day on which that paragraph came into force is deemed to be entitled to be registered under that paragraph.

  • R.S., 1985, c. I-5, s. 6
  • R.S., 1985, c. 32 (1st Supp.), s. 4, c. 43 (4th Supp.), s. 1
  • 2010, c. 18, s. 2
  • 2017, c. 25, s. 2
  • 2017, c. 25, s. 2.1
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