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Indian Act (R.S.C., 1985, c. I-5)

Full Document:  

Act current to 2022-01-12 and last amended on 2019-08-15. Previous Versions

Definition and Registration of Indians (continued)

Indian Register (continued)

Marginal note:Persons not entitled to be registered

  •  (1) The following persons are not entitled to be registered:

    • (a) a person who was registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and whose name was subsequently omitted or deleted from the Indian Register under this Act; or

    • (b) a person who is the child of a person who was registered or entitled to be registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and is also the child of a person who is not entitled to be registered.

  • Marginal note:Exception

    (2) Paragraph (1)(a) does not apply in respect of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

  • Marginal note:Idem

    (3) Paragraph (1)(b) does not apply in respect of the child of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

  • R.S., 1985, c. I-5, s. 7
  • R.S., 1985, c. 32 (1st Supp.), s. 4

Band Lists

Marginal note:Band Lists

 There shall be maintained in accordance with this Act for each band a Band List in which shall be entered the name of every person who is a member of that band.

  • R.S., 1985, c. I-5, s. 8
  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Band Lists maintained in Department

  •  (1) Until such time as a band assumes control of its Band List, the Band List of that band shall be maintained in the Department by the Registrar.

  • Marginal note:Existing Band Lists

    (2) The names in a Band List of a band immediately prior to April 17, 1985 shall constitute the Band List of that band on April 17, 1985.

  • Marginal note:Deletions and additions

    (3) The Registrar may at any time add to or delete from a Band List maintained in the Department the name of any person who, in accordance with this Act, is entitled or not entitled, as the case may be, to have his name included in that List.

  • Marginal note:Date of change

    (4) A Band List maintained in the Department shall indicate the date on which each name was added thereto or deleted therefrom.

  • Marginal note:Application for entry

    (5) The name of a person who is entitled to have his name entered in a Band List maintained in the Department is not required to be entered therein unless an application for entry therein is made to the Registrar.

  • R.S., 1985, c. I-5, s. 9
  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Band control of membership

  •  (1) A band may assume control of its own membership if it establishes membership rules for itself in writing in accordance with this section and if, after the band has given appropriate notice of its intention to assume control of its own membership, a majority of the electors of the band gives its consent to the band’s control of its own membership.

  • Marginal note:Membership rules

    (2) A band may, pursuant to the consent of a majority of the electors of the band,

    • (a) after it has given appropriate notice of its intention to do so, establish membership rules for itself; and

    • (b) provide for a mechanism for reviewing decisions on membership.

  • Marginal note:Exception relating to consent

    (3) Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect in respect of the band, the consents required under subsections (1) and (2) shall be given by a majority of the members of the band who are of the full age of eighteen years.

  • Marginal note:Acquired rights

    (4) Membership rules established by a band under this section may not deprive any person who had the right to have his name entered in the Band List for that band, immediately prior to the time the rules were established, of the right to have his name so entered by reason only of a situation that existed or an action that was taken before the rules came into force.

  • Marginal note:Idem

    (5) For greater certainty, subsection (4) applies in respect of a person who was entitled to have his name entered in the Band List under paragraph 11(1)(c) immediately before the band assumed control of the Band List if that person does not subsequently cease to be entitled to have his name entered in the Band List.

  • Marginal note:Notice to the Minister

    (6) Where the conditions set out in subsection (1) have been met with respect to a band, the council of the band shall forthwith give notice to the Minister in writing that the band is assuming control of its own membership and shall provide the Minister with a copy of the membership rules for the band.

  • Marginal note:Notice to band and copy of Band List

    (7) On receipt of a notice from the council of a band under subsection (6), the Minister shall, if the conditions set out in subsection (1) have been complied with, forthwith

    • (a) give notice to the band that it has control of its own membership; and

    • (b) direct the Registrar to provide the band with a copy of the Band List maintained in the Department.

  • Marginal note:Effective date of band’s membership rules

    (8) Where a band assumes control of its membership under this section, the membership rules established by the band shall have effect from the day on which notice is given to the Minister under subsection (6), and any additions to or deletions from the Band List of the band by the Registrar on or after that day are of no effect unless they are in accordance with the membership rules established by the band.

  • Marginal note:Band to maintain Band List

    (9) A band shall maintain its own Band List from the date on which a copy of the Band List is received by the band under paragraph (7)(b), and, subject to section 13.2, the Department shall have no further responsibility with respect to that Band List from that date.

  • Marginal note:Deletions and additions

    (10) A band may at any time add to or delete from a Band List maintained by it the name of any person who, in accordance with the membership rules of the band, is entitled or not entitled, as the case may be, to have his name included in that list.

  • Marginal note:Date of change

    (11) A Band List maintained by a band shall indicate the date on which each name was added thereto or deleted therefrom.

  • R.S., 1985, c. I-5, s. 10
  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Membership rules for Departmental Band List

  •  (1) Commencing on April 17, 1985, a person is entitled to have his name entered in a Band List maintained in the Department for a band if

    • (a) the name of that person was entered in the Band List for that band, or that person was entitled to have it entered in the Band List for that band, immediately prior to April 17, 1985;

    • (b) that person is entitled to be registered under paragraph 6(1)(b) as a member of that band;

    • (c) that person is entitled to be registered under paragraph 6(1)(a.1) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

    • (d) that person was born on or after April 17, 1985 and is entitled to be registered under paragraph 6(1)(f) and both parents of that person are entitled to have their names entered in the Band List or, if no longer living, were at the time of death entitled to have their names entered in the Band List.

  • Marginal note:Additional membership rules for Departmental Band List

    (2) Commencing on the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, or on such earlier day as may be agreed to under section 13.1, where a band does not have control of its Band List under this Act, a person is entitled to have his name entered in a Band List maintained in the Department for the band

    • (a) if that person is entitled to be registered under paragraph 6(1)(d) or (e) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

    • (b) if that person is entitled to be registered under paragraph 6(1)(f) or subsection 6(2) and a parent referred to in that provision is entitled to have his name entered in the Band List or, if no longer living, was at the time of death entitled to have his name entered in the Band List.

  • Marginal note:Deeming provision

    (3) For the purposes of paragraph (1)(d) and subsection (2),

    • (a) a person whose name was omitted or deleted from the Indian Register or a Band List in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member is deemed to be entitled to have the person’s name so entered;

    • (a.1) a person who would have been entitled to be registered under paragraph 6(1)(a.2) or (a.3), had they been living on the day on which that paragraph came into force, and who would otherwise have been entitled, on that day, to have their name entered in a Band List, is deemed to be entitled to have their name so entered; and

    • (b) a person described in paragraph (2)(b) shall be deemed to be entitled to have the person’s name entered in the Band List in which the parent referred to in that paragraph is or was, or is deemed by this section to be, entitled to have the parent’s name entered.

  • Marginal note:Additional membership rules — paragraphs 6(1)(c.01) to (c.6)

    (3.1) A person is entitled to have their name entered in a Band List that is maintained in the Department for a band if

    • (a) they are entitled to be registered under paragraph 6(1)(a.2) and their father is entitled to have his name entered in the Band List or, if their father is no longer living, was so entitled at the time of death; or

    • (b) they are entitled to be registered under paragraph 6(1)(a.3) and one of their parents, grandparents or other ancestors

      • (i) ceased to be entitled to be a member of that band by reason of the circumstances set out in paragraph 6(1)(a.1), or

      • (ii) was not entitled to be a member of that band immediately before April 17, 1985.

    • (c) [Repealed, 2017, c. 25, s. 3.1]

    • (d) [Repealed, 2017, c. 25, s. 3.1]

    • (e) [Repealed, 2017, c. 25, s. 3.1]

    • (f) [Repealed, 2017, c. 25, s. 3.1]

    • (g) [Repealed, 2017, c. 25, s. 3.1]

    • (h) [Repealed, 2017, c. 25, s. 3.1]

    • (i) [Repealed, 2017, c. 25, s. 3.1]

  • Marginal note:Where band amalgamates or is divided

    (4) Where a band amalgamates with another band or is divided so as to constitute new bands, any person who would otherwise have been entitled to have his name entered in the Band List of that band under this section is entitled to have his name entered in the Band List of the amalgamated band or the new band to which that person has the closest family ties, as the case may be.

  • R.S., 1985, c. I-5, s. 11
  • R.S., 1985, c. 32 (1st Supp.), s. 4, c. 43 (4th Supp.), s. 2
  • 2010, c. 18, s. 3
  • 2017, c. 25, s. 3
  • 2017, c. 25, s. 3.1

Marginal note:Entitlement with consent of band

 Commencing on the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, or on such earlier day as may be agreed to under section 13.1, any person who

  • (a) is entitled to be registered under section 6, but is not entitled to have his name entered in the Band List maintained in the Department under section 11, or

  • (b) is a member of another band,

is entitled to have his name entered in the Band List maintained in the Department for a band if the council of the admitting band consents.

  • R.S., 1985, c. I-5, s. 12
  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Limitation to one Band List

 Notwithstanding sections 11 and 12, no person is entitled to have his name entered at the same time in more than one Band List maintained in the Department.

  • R.S., 1985, c. I-5, s. 13
  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Decision to leave Band List control with Department

  •  (1) A band may, at any time prior to the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, decide to leave the control of its Band List with the Department if a majority of the electors of the band gives its consent to that decision.

  • Marginal note:Notice to the Minister

    (2) Where a band decides to leave the control of its Band List with the Department under subsection (1), the council of the band shall forthwith give notice to the Minister in writing to that effect.

  • Marginal note:Subsequent band control of membership

    (3) Notwithstanding a decision under subsection (1), a band may, at any time after that decision is taken, assume control of its Band List under section 10.

  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Return of control to Department

  •  (1) A band may, at any time after assuming control of its Band List under section 10, decide to return control of the Band List to the Department if a majority of the electors of the band gives its consent to that decision.

  • Marginal note:Notice to the Minister and copy of membership rules

    (2) Where a band decides to return control of its Band List to the Department under subsection (1), the council of the band shall forthwith give notice to the Minister in writing to that effect and shall provide the Minister with a copy of the Band List and a copy of all the membership rules that were established by the band under subsection 10(2) while the band maintained its own Band List.

  • Marginal note:Transfer of responsibility to Department

    (3) Where a notice is given under subsection (2) in respect of a Band List, the maintenance of that Band List shall be the responsibility of the Department from the date on which the notice is received and from that time the Band List shall be maintained in accordance with the membership rules set out in section 11.

  • R.S., 1985, c. 32 (1st Supp.), s. 4

Marginal note:Entitlement retained

 A person is entitled to have his name entered in a Band List maintained in the Department pursuant to section 13.2 if that person was entitled to have his name entered, and his name was entered, in the Band List immediately before a copy of it was provided to the Minister under subsection 13.2(2), whether or not that person is also entitled to have his name entered in the Band List under section 11.

  • R.S., 1985, c. 32 (1st Supp.), s. 4

Notice of Band Lists

Marginal note:Copy of Band List provided to band council

  •  (1) Within one month after the day an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, the Registrar shall provide the council of each band with a copy of the Band List for the band as it stood immediately prior to that day.

  • Marginal note:List of additions and deletions

    (2) Where a Band List is maintained by the Department, the Registrar shall, at least once every two months after a copy of the Band List is provided to the council of a band under subsection (1), provide the council of the band with a list of the additions to or deletions from the Band List not included in a list previously provided under this subsection.

  • Marginal note:Lists to be posted

    (3) The council of each band shall, forthwith on receiving a copy of the Band List under subsection (1), or a list of additions to and deletions from its Band List under subsection (2), post the copy or the list, as the case may be, in a conspicuous place on the reserve of the band.

  • R.S., 1985, c. I-5, s. 14
  • R.S., 1985, c. 32 (1st Supp.), s. 4
 
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