GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Act — I-5 2
f land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band, and (b) except in subsection 18(2), sections 20 to 25, 28, 37, 38, 42, 44, 46, 48 to 51 and 58 to 60 and the regulations made under any of those provisions, includes designated lands; ( réserve ) superintendent includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superintendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve; ( surintendant ) surrendered lands means a reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or surrendered by the band for whose use and benefit it was set apart; ( terres cédées ) survivor , in relation to a deceased individual, means their surviving spouse or common-law partner. ( survivant ) Definition of band (2) The expression band , with reference to a reserve or surrendered lands, means the band for whose use and benefit the reserve or the surrendered lands were set apart. Exercise of powers conferred on band or council (3) Unless the context otherwise requires or this Act otherwise provides, (a) a power conferred on a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the electors of the band; and (b) a power conferred on the council of a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the councillors of the band present at a meeting of the council duly convened. R.S., 1985, c. I-5, s. 2; R.S., 1985, c. 32 (1st Supp.), s. 1, c. 17 (4th Supp.), s. 1; 2000, c. 12, s. 148; 2014, c. 5, s. 43, c. 38, s. 3 2019, c. 29, s. 372 2019, c. 29, s. 375
Indian Act — I-5 (a)
band means a body of Indians (a) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951, (b) for whose use and benefit in common, moneys are held by Her Majesty, or (c) declared by the Governor in Council to be a band for the purposes of this Act; ( bande )
Indian Act — I-5
Band List means a list of persons that is maintained under section 8 by a band or in the Department; ( liste de bande )
Indian Act — I-5
child includes a legally adopted child and a child adopted in accordance with Indian custom; ( enfant )
Indian Act — I-5
common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )
Indian Act — I-5 (a)
council of the band means (a) in the case of a band to which section 74 applies, the council established pursuant to that section, (b) in the case of a band that is named in the schedule to the First Nations Elections Act , the council elected or in office in accordance with that Act, (c) in the case of a band whose name has been removed from the schedule to the First Nations Elections Act in accordance with section 42 of that Act, the council elected or in office in accordance with the community election code referred to in that section, or (d) in the case of any other band, the council chosen according to the custom of the band, or, if there is no council, the chief of the band chosen according to the custom of the band; ( conseil de la bande )
Indian Act — I-5
Department means the Department of Indigenous Services; ( ministère )
Indian Act — I-5
designated lands means a tract of land or any interest therein the legal title to which remains vested in Her Majesty and in which the band for whose use and benefit it was set apart as a reserve has, otherwise than absolutely, released or surrendered its rights or interests, whether before or after the coming into force of this definition; ( terres désignées )
Indian Act — I-5 (a)
elector means a person who (a) is registered on a Band List, (b) is of the full age of eighteen years, and (c) is not disqualified from voting at band elections; ( électeur )
Indian Act — I-5
estate includes real and personal property and any interest in land; ( biens )
Indian Act — I-5
Indian means a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian; ( Indien )
Indian Act — I-5
Indian moneys means all moneys collected, received or held by Her Majesty for the use and benefit of Indians or bands; ( argent des Indiens )
Indian Act — I-5
Indian Register means the register of persons that is maintained under section 5; ( registre des Indiens )
Indian Act — I-5
intoxicant includes alcohol, alcoholic, spirituous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks, drinkable liquids, preparations or mixtures capable of human consumption that are intoxicating; ( boisson alcoolisée )
Indian Act — I-5
member of a band means a person whose name appears on a Band List or who is entitled to have his name appear on a Band List; ( membre d’une bande )
Indian Act — I-5
mentally incompetent Indian means an Indian who, pursuant to the laws of the province in which he resides, has been found to be mentally defective or incompetent for the purposes of any laws of that province providing for the administration of estates of mentally defective or incompetent persons; ( Indien mentalement incapable )
Indian Act — I-5
Minister means the Minister of Indigenous Services; ( ministre )
Indian Act — I-5
registered means registered as an Indian in the Indian Register; ( inscrit )
Indian Act — I-5
Registrar means the officer in the Department who is in charge of the Indian Register and the Band Lists maintained in the Department; ( registraire )
Indian Act — I-5 (a)
reserve (a) means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band, and (b) except in subsection 18(2), sections 20 to 25, 28, 37, 38, 42, 44, 46, 48 to 51 and 58 to 60 and the regulations made under any of those provisions, includes designated lands; ( réserve )
Indian Act — I-5
superintendent includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superintendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve; ( surintendant )
Indian Act — I-5
surrendered lands means a reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or surrendered by the band for whose use and benefit it was set apart; ( terres cédées )
Indian Act — I-5
survivor , in relation to a deceased individual, means their surviving spouse or common-law partner. ( survivant )
Indian Act — I-5 3
Superintendent general 3 The Minister of Indigenous Services shall be the superintendent general of Indian affairs. R.S., 1985, c. I-5, s. 3 2019, c. 29, s. 357
Indian Act — I-5 4
Application of Act 4 (1) A reference in this Act to an Indian does not include any person of the race of aborigines commonly referred to as Inuit. Act may be declared inapplicable (2) The Governor in Council may by proclamation declare that this Act or any portion thereof, except sections 5 to 14.3 or sections 37 to 41, shall not apply to (a) any Indians or any group or band of Indians, or (b) any reserve or any surrendered lands or any part thereof, and may by proclamation revoke any such declaration. Authority confirmed for certain cases (2.1) For greater certainty, and without restricting the generality of subsection (2), the Governor in Council shall be deemed to have had the authority to make any declaration under subsection (2) that the Governor in Council has made in respect of section 11, 12 or 14, or any provision thereof, as each section or provision read immediately prior to April 17, 1985. Certain sections inapplicable to Indians living off reserves (3) Sections 114 to 117 and, unless the Minister otherwise orders, sections 42 to 52 do not apply to or in respect of any Indian who does not ordinarily reside on a reserve or on lands belonging to Her Majesty in right of Canada or a province. R.S., 1985, c. I-5, s. 4; R.S., 1985, c. 32 (1st Supp.), s. 2; 2014, c. 38, s. 4
Indian Act — I-5 4.1
Provisions that apply to all band members 4.1 A reference to an Indian in any of the following provisions shall be deemed to include a reference to any person whose name is entered in a Band List and who is entitled to have it entered therein: the definitions band , Indian moneys and mentally incompetent Indian in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(g) and (h), subsection 74(4), section 84, paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b). R.S., 1985, c. 32 (1st Supp.), s. 3, c. 48 (4th Supp.), s. 1
Indian Act — I-5 5
Indian Register 5 (1) There shall be maintained in the Department an Indian Register in which shall be recorded the name of every person who is entitled to be registered as an Indian under this Act. Existing Indian Register (2) The names in the Indian Register immediately prior to April 17, 1985 shall constitute the Indian Register on April 17, 1985. Deletions and additions (3) The Registrar may at any time add to or delete from the Indian Register 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 the Indian Register. Date of change (4) The Indian Register shall indicate the date on which each name was added thereto or deleted therefrom. Application for registration (5) The name of a person who is entitled to be registered is not required to be recorded in the Indian Register unless an application for registration is made to the Registrar. Unknown or unstated parentage (6) If a parent, grandparent or other ancestor of a person in respect of whom an application is made is unknown — or is unstated on a birth certificate that, if the parent, grandparent or other ancestor were named on it, would help to establish the person’s entitlement to be registered — the Registrar shall, without being required to establish the identity of that parent, grandparent or other ancestor, determine, after considering all of the relevant evidence, whether that parent, grandparent or other ancestor is, was or would have been entitled to be registered. In making the determination, the Registrar shall rely on any credible evidence that is presented by the applicant in support of the application or that the Registrar otherwise has knowledge of and shall draw from it every reasonable inference in favour of the person in respect of whom the application is made. No presumption (7) For greater certainty, if the identity of a parent, grandparent or other ancestor of an applicant is unknown or unstated on a birth certificate, there is no presumption that this parent, grandparent or other ancestor is not, was not or would not have been entitled to be registered. R.S., 1985, c. I-5, s. 5; R.S., 1985, c. 32 (1st Supp.), s. 4; 2017, c. 25, s. 1
Indian Act — I-5 6
 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
Indian Act — I-5 7
Persons not entitled to be registered 7 (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. 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. 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
Indian Act — I-5 8
Band Lists 8 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
Indian Act — I-5 9
Band Lists maintained in Department 9 (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. 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. 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. 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. 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
Indian Act — I-5 11
, 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] 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
Indian Act — I-5 12
Entitlement with consent of band 12 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
Indian Act — I-5 13
Limitation to one Band List 13 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
Indian Act — I-5 13.1
Decision to leave Band List control with Department 13.1 (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. 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. 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
Indian Act — I-5 13.2
Return of control to Department 13.2 (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. 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. 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
Indian Act — I-5 13.3
Entitlement retained 13.3 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
Indian Act — I-5 14
Copy of Band List provided to band council 14 (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. 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. 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
Indian Act — I-5 14.1
Inquiries relating to Indian Register or Band Lists 14.1 The Registrar shall, on inquiry from any person who believes that he or any person he represents is entitled to have his name included in the Indian Register or a Band List maintained in the Department, indicate to the person making the inquiry whether or not that name is included therein. R.S., 1985, c. 32 (1st Supp.), s. 4
Indian Act — I-5 14.2
Protests 14.2 (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. 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. 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. Onus of proof (4) The onus of establishing the grounds of a protest under this section lies on the person making the protest. 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. 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. 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