Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Indian Act (R.S.C., 1985, c. I-5)

Full Document:  

Act current to 2021-05-04 and last amended on 2019-08-15. Previous Versions

Marginal note:Protests

  •  (1) A protest may be made in respect of the inclusion or addition of the name of a person in, or the omission or deletion of the name of a person from, the Indian Register, or a Band List maintained in the Department, within three years after the inclusion or addition, or omission or deletion, as the case may be, by notice in writing to the Registrar, containing a brief statement of the grounds therefor.

  • Marginal note:Protest in respect of Band List

    (2) A protest may be made under this section in respect of the Band List of a band by the council of the band, any member of the band or the person in respect of whose name the protest is made or that person’s representative.

  • Marginal note:Protest in respect of Indian Register

    (3) A protest may be made under this section in respect of the Indian Register by the person in respect of whose name the protest is made or that person’s representative.

  • Marginal note:Onus of proof

    (4) The onus of establishing the grounds of a protest under this section lies on the person making the protest.

  • Marginal note:Registrar to cause investigation

    (5) Where a protest is made to the Registrar under this section, the Registrar shall cause an investigation to be made into the matter and render a decision.

  • Marginal note:Evidence

    (6) For the purposes of this section, the Registrar may receive such evidence on oath, on affidavit or in any other manner, whether or not admissible in a court of law, as the Registrar, in his discretion, sees fit or deems just.

  • Marginal note:Decision final

    (7) Subject to section 14.3, the decision of the Registrar under subsection (5) is final and conclusive.

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