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Indian Act (R.S.C., 1985, c. I-5)

Full Document:  

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

Possession of Lands in Reserves (continued)

Marginal note:Correction of Certificate or Location Tickets

 Whenever a Certificate of Possession or Occupation or a Location Ticket issued under The Indian Act, 1880, or any statute relating to the same subject-matter was, in the opinion of the Minister, issued to or in the name of the wrong person, through mistake, or contains any clerical error or misnomer or wrong description of any material fact therein, the Minister may cancel the Certificate or Location Ticket and issue a corrected Certificate in lieu thereof.

  • R.S., c. I-6, s. 26

Marginal note:Cancellation of Certificates or Location Tickets

 The Minister may, with the consent of the holder thereof, cancel any Certificate of Possession or Occupation or Location Ticket referred to in section 26, and may cancel any Certificate of Possession or Occupation or Location Ticket that in his opinion was issued through fraud or in error.

  • R.S., c. I-6, s. 27

Marginal note:Grants, etc., of reserve lands void

  •  (1) Subject to subsection (2), any deed, lease, contract, instrument, document or agreement of any kind, whether written or oral, by which a band or a member of a band purports to permit a person other than a member of that band to occupy or use a reserve or to reside or otherwise exercise any rights on a reserve is void.

  • Marginal note:Minister may issue permits

    (2) The Minister may by permit in writing authorize any person for a period not exceeding one year, or with the consent of the council of the band for any longer period, to occupy or use a reserve or to reside or otherwise exercise rights on a reserve.

  • R.S., c. I-6, s. 28

Marginal note:Exemption from seizure

 Reserve lands are not subject to seizure under legal process.

  • R.S., c. I-6, s. 29

Trespass on Reserves

Marginal note:Penalty for trespass

 A person who trespasses on a reserve is guilty of an offence and liable on summary conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding one month or to both.

  • R.S., c. I-6, s. 30

Marginal note:Information by Attorney General

  •  (1) Without prejudice to section 30, where an Indian or a band alleges that persons other than Indians are or have been

    • (a) unlawfully in occupation or possession of,

    • (b) claiming adversely the right to occupation or possession of, or

    • (c) trespassing on

    a reserve or part of a reserve, the Attorney General of Canada may exhibit an information in the Federal Court claiming, on behalf of the Indian or band, the relief or remedy sought.

  • Marginal note:Information deemed action by Crown

    (2) An information exhibited under subsection (1) shall, for all purposes of the Federal Courts Act, be deemed to be a proceeding by the Crown within the meaning of that Act.

  • Marginal note:Existing remedies preserved

    (3) Nothing in this section shall be construed to impair, abridge or otherwise affect any right or remedy that, but for this section, would be available to Her Majesty or to an Indian or a band.

  • R.S., 1985, c. I-5, s. 31
  • 2002, c. 8, s. 182

 [Repealed, 2014, c. 38, s. 5]

 [Repealed, 2014, c. 38, s. 5]

Roads and Bridges

Marginal note:Roads, bridges, etc.

  •  (1) A band shall ensure that the roads, bridges, ditches and fences within the reserve occupied by that band are maintained in accordance with instructions issued from time to time by the superintendent.

  • Marginal note:Idem

    (2) Where, in the opinion of the Minister, a band has not carried out the instructions of the superintendent issued under subsection (1), the Minister may cause the instructions to be carried out at the expense of the band or any member thereof and may recover the cost thereof from any amounts that are held by Her Majesty and are payable to the band or member.

  • R.S., c. I-6, s. 34

Lands Taken for Public Purposes

Marginal note:Taking of lands by local authorities

  •  (1) Where by an Act of Parliament or a provincial legislature Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands in a reserve or any interest therein.

  • Marginal note:Procedure

    (2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using of lands in a reserve under subsection (1) are governed by the statute by which the powers are conferred.

  • Marginal note:Grant in lieu of compulsory taking

    (3) Whenever the Governor in Council has consented to the exercise by a province, a municipal or local authority or a corporation of the powers referred to in subsection (1), the Governor in Council may, in lieu of the province, authority or corporation taking or using the lands without the consent of the owner, authorize a transfer or grant of the lands to the province, authority or corporation, subject to any terms that may be prescribed by the Governor in Council.

  • Marginal note:Payment

    (4) Any amount that is agreed on or awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or grant of land pursuant to this section shall be paid to the Receiver General for the use and benefit of the band or for the use and benefit of any Indian who is entitled to compensation or payment as a result of the exercise of the powers referred to in subsection (1).

  • R.S., c. I-6, s. 35

Special Reserves

 [Repealed, 2014, c. 38, s. 6]

Marginal note:Special reserves

 Where lands the legal title to which is not vested in Her Majesty had been set apart for the use and benefit of a band before the coming into force of this section, the effect of section 36 of this Act, as it read immediately before the coming into force of this section, continues in respect of those lands and this Act applies as though the lands were a reserve within the meaning of this Act.

  • 2014, c. 38, s. 6

Surrenders and Designations

Marginal note:Sales

  •  (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve was set apart.

  • Marginal note:Other transactions

    (2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.

  • R.S., 1985, c. I-5, s. 37
  • R.S., 1985, c. 17 (4th Supp.), s. 2
  • 2012, c. 31, s. 206

Marginal note:Surrender to Her Majesty

  •  (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.

  • Marginal note:Designation

    (2) A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.

  • R.S., 1985, c. I-5, s. 38
  • R.S., 1985, c. 17 (4th Supp.), s. 2

Marginal note:Conditions — surrender

  •  (1) An absolute surrender is void unless

    • (a) it is made to Her Majesty;

    • (b) it is assented to by a majority of the electors of the band

      • (i) at a general meeting of the band called by the council of the band,

      • (ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or

      • (iii) by a referendum as provided in the regulations; and

    • (c) it is accepted by the Governor in Council.

  • Marginal note:Minister may call meeting or referendum

    (2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.

  • Marginal note:Assent of band

    (3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.

  • Marginal note:Secret ballot

    (4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.

  • Marginal note:Officials required

    (5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.

  • R.S., 1985, c. I-5, s. 39
  • R.S., 1985, c. 17 (4th Supp.), s. 3
  • 2012, c. 31, s. 207
 
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