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Indian Act (R.S.C., 1985, c. I-5)

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Act current to 2020-05-17 and last amended on 2019-08-15. Previous Versions

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
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