GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Act — I-5 46
Minister may declare will void 46 (1) The Minister may declare the will of an Indian to be void in whole or in part if he is satisfied that (a) the will was executed under duress or undue influence; (b) the testator at the time of execution of the will lacked testamentary capacity; (c) the terms of the will would impose hardship on persons for whom the testator had a responsibility to provide; (d) the will purports to dispose of land in a reserve in a manner contrary to the interest of the band or contrary to this Act; (e) the terms of the will are so vague, uncertain or capricious that proper administration and equitable distribution of the estate of the deceased would be difficult or impossible to carry out in accordance with this Act; or (f) the terms of the will are against the public interest. Where will declared void (2) Where a will of an Indian is declared by the Minister or by a court to be wholly void, the person executing the will shall be deemed to have died intestate, and where the will is so declared to be void in part only, any bequest or devise affected thereby, unless a contrary intention appears in the will, shall be deemed to have lapsed. R.S., c. I-6, s. 46
Indian Act — I-5 47
Appeal to Federal Court 47 A decision of the Minister made in the exercise of the jurisdiction or authority conferred on him by section 42, 43 or 46 may, within two months from the date thereof, be appealed by any person affected thereby to the Federal Court, if the amount in controversy in the appeal exceeds five hundred dollars or if the Minister consents to an appeal. R.S., c. I-6, s. 47; R.S., c. 10(2nd Supp.), ss. 64, 65
Indian Act — I-5 48
 intestate and had left no other estate. No community of property (12) There is no community of real or personal property situated in a reserve. (13) and (14) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 9] Equal application to men and women (15) This section applies in respect of an intestate woman as it applies in respect of an intestate man. (16) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 9] R.S., 1985, c. I-5, s. 48; R.S., 1985, c. 32 (1st Supp.), s. 9, c. 48 (4th Supp.), s. 2; 2000, c. 12, ss. 149, 151
Indian Act — I-5 49
Devisee’s entitlement 49 A person who claims to be entitled to possession or occupation of lands in a reserve by devise or descent shall be deemed not to be in lawful possession or occupation of those lands until the possession is approved by the Minister. R.S., c. I-6, s. 49
Indian Act — I-5 50
Non-resident of reserve 50 (1) A person who is not entitled to reside on a reserve does not by devise or descent acquire a right to possession or occupation of land in that reserve. Sale by superintendent (2) Where a right to possession or occupation of land in a reserve passes by devise or descent to a person who is not entitled to reside on a reserve, that right shall be offered for sale by the superintendent to the highest bidder among persons who are entitled to reside on the reserve and the proceeds of the sale shall be paid to the devisee or descendant, as the case may be. Unsold lands revert to band (3) Where no tender is received within six months or such further period as the Minister may direct after the date when the right to possession or occupation of land is offered for sale under subsection (2), the right shall revert to the band free from any claim on the part of the devisee or descendant, subject to the payment, at the discretion of the Minister, to the devisee or descendant, from the funds of the band, of such compensation for permanent improvements as the Minister may determine. Approval required (4) The purchaser of a right to possession or occupation of land under subsection (2) shall be deemed not to be in lawful possession or occupation of the land until the possession is approved by the Minister. R.S., c. I-6, s. 50
Indian Act — I-5 50.1
Regulations 50.1 The Governor in Council may make regulations respecting circumstances where more than one person qualifies as a survivor of an intestate under section 48. 2000, c. 12, s. 150
Indian Act — I-5 51
Powers of Minister generally 51 (1) Subject to this section, all jurisdiction and authority in relation to the property of mentally incompetent Indians is vested exclusively in the Minister. Particular powers (2) Without restricting the generality of subsection (1), the Minister may (a) appoint persons to administer the estates of mentally incompetent Indians; (b) order that any property of a mentally incompetent Indian shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose of (i) paying his debts or engagements, (ii) discharging encumbrances on his property, (iii) paying debts or expenses incurred for his maintenance or otherwise for his benefit, or (iv) paying or providing for the expenses of future maintenance; and (c) make such orders and give such directions as he considers necessary to secure the satisfactory management of the estates of mentally incompetent Indians. Property off reserve (3) The Minister may order that any property situated off a reserve and belonging to a mentally incompetent Indian shall be dealt with under the laws of the province in which the property is situated. R.S., c. I-6, s. 51
Indian Act — I-5 52
Property of infant children 52 The Minister may administer or provide for the administration of any property to which infant children of Indians are entitled, and may appoint guardians for that purpose. R.S., c. I-6, s. 52
Indian Act — I-5 52.1
Distributions of capital 52.1 (1) The council of a band may determine that the payment of not more than three thousand dollars, or such other amount as may be fixed by order of the Governor in Council, in a year of the share of a distribution under paragraph 64(1)(a) that belongs to an infant child who is a member of the band is necessary or proper for the maintenance, advancement or other benefit of the child. Procedure (2) Before making a determination under subsection (1), the council of the band must (a) post in a conspicuous place on the reserve fourteen days before the determination is made a notice that it proposes to make such a determination; and (b) give the members of the band a reasonable opportunity to be heard at a general meeting of the band held before the determination is made. Minister’s duty (3) Where the council of the band makes a determination under subsection (1) and notifies the Minister, at the time it gives its consent to the distribution pursuant to paragraph 64(1)(a), that it has made that determination and that, before making it, it complied with subsection (2), the Minister shall make a payment described in subsection (1) for the maintenance, advancement or other benefit of the child to a parent or person who is responsible for the care and custody of the child or, if so requested by the council on giving its consent to that distribution, to the council. R.S., 1985, c. 48 (4th Supp.), s. 3
Indian Act — I-5 52.2
Money of infant children of Indians 52.2 The Minister may, regardless of whether a payment is made under section 52.1, pay all or part of any money administered by the Minister under section 52 that belongs to an infant child of an Indian to a parent or person who is responsible for the care and custody of the child or otherwise apply all or part of that money if (a) the Minister is requested in writing to do so by the parent or the person responsible; and (b) in the opinion of the Minister, the payment or application is necessary or proper for the maintenance, advancement or other benefit of the child. R.S., 1985, c. 48 (4th Supp.), s. 3
Indian Act — I-5 52.3
Attaining majority 52.3 (1) Where a child of an Indian attains the age of majority, the Minister shall pay any money administered by the Minister under section 52 to which the child is entitled to that child in one lump sum. Exception (2) Notwithstanding subsection (1), where requested in writing to do so before a child of an Indian attains the age of majority by a parent or a person who is responsible for the care and custody of the child or by the council of the band of which the child is a member, the Minister may, instead of paying the money in one lump sum, pay it in instalments during a period beginning on the day the child attains the age of majority and ending not later than the day that is three years after that day. R.S., 1985, c. 48 (4th Supp.), s. 3
Indian Act — I-5 52.4
Relief 52.4 Where, in a proceeding in respect of the share of a distribution under paragraph 64(1)(a) or of money belonging to an infant child that was paid pursuant to section 52.1, 52.2 or 52.3, it appears to the court that the Minister, the band, its council or a member of that council acted honestly and reasonably and ought fairly to be relieved from liability in respect of the payment, the court may relieve the Minister, band, council or member, either in whole or in part, from liability in respect of the payment. R.S., 1985, c. 48 (4th Supp.), s. 3; 1992, c. 1, s. 144(F)
Indian Act — I-5 52.5
Effect of payment 52.5 (1) The receipt in writing from a parent or person who is responsible for the care and custody of an infant child for a payment made pursuant to section 52.1 or 52.2 (a) discharges the duty of the Minister, the band, its council and each member of that council to make the payment to the extent of the amount paid; and (b) discharges the Minister, the band, its council and each member of that council from seeing to its application or being answerable for its loss or misapplication. Idem (2) The receipt in writing from the council of the band of which an infant child is a member for a payment made pursuant to section 52.1 (a) discharges the duty of the Minister to make the payment to the extent of the amount paid; and (b) discharges the Minister from seeing to the application of the amount paid or being answerable for its loss or misapplication. R.S., 1985, c. 48 (4th Supp.), s. 3
Indian Act — I-5 53
Transactions re surrendered and designated lands 53 (1) The Minister or a person appointed by the Minister for the purpose may, in accordance with this Act and the terms of the absolute surrender or designation, as the case may be, (a) manage or sell absolutely surrendered lands; or (b) manage, lease or carry out any other transaction affecting designated lands. Grant where original purchaser dead (2) Where the original purchaser of surrendered lands is dead and the heir, assignee or devisee of the original purchaser applies for a grant of the lands, the Minister may, on receipt of proof in such manner as he directs and requires in support of any claim for the grant and on being satisfied that the claim has been equitably and justly established, allow the claim and authorize a grant to issue accordingly. Departmental employees (3) No person who is appointed pursuant to subsection (1) or who is an officer or a servant of Her Majesty employed in the Department may, except with the approval of the Governor in Council, acquire directly or indirectly any interest in absolutely surrendered or designated lands. R.S., 1985, c. I-5, s. 53; R.S., 1985, c. 17 (4th Supp.), s. 5
Indian Act — I-5 54
Assignments 54 Where absolutely surrendered lands are agreed to be sold and letters patent relating thereto have not issued, or where designated lands are leased or an interest in them granted, the purchaser, lessee or other person who has an interest in the absolutely surrendered or designated lands may, with the approval of the Minister, assign all or part of that interest to any other person. R.S., 1985, c. I-5, s. 54; R.S., 1985, c. 17 (4th Supp.), s. 6
Indian Act — I-5 55
Surrendered and Designated Lands Register 55 (1) There shall be maintained in the Department a register, to be known as the Surrendered and Designated Lands Register, in which shall be recorded particulars in connection with any transaction affecting absolutely surrendered or designated lands. Conditional assignment (2) A conditional assignment shall not be registered. Proof of execution (3) Registration of an assignment may be refused until proof of its execution has been furnished. Effect of registration (4) An assignment registered under this section is valid against an unregistered assignment or an assignment subsequently registered. R.S., 1985, c. I-5, s. 55; R.S., 1985, c. 17 (4th Supp.), s. 7
Indian Act — I-5 56
Certificate of registration 56 Where an assignment is registered, there shall be endorsed on the original copy thereof a certificate of registration signed by the Minister or by an officer of the Department authorized by the Minister to sign such certificates. R.S., c. I-6, s. 56
Indian Act — I-5 57
Regulations 57 The Governor in Council may make regulations (a) authorizing the Minister to grant licences to cut timber on surrendered lands, or, with the consent of the council of the band, on reserve lands; (b) imposing terms, conditions and restrictions with respect to the exercise of rights conferred by licences granted under paragraph (a); (c) providing for the disposition of surrendered mines and minerals underlying lands in a reserve; (d) prescribing the punishment, not exceeding one hundred dollars or imprisonment for a term not exceeding three months or both, that may be imposed on summary conviction for contravention of any regulation made under this section; and (e) providing for the seizure and forfeiture of any timber or minerals taken in contravention of any regulation made under this section. R.S., c. I-6, s. 57
Indian Act — I-5 58
Uncultivated or unused lands 58 (1) Where land in a reserve is uncultivated or unused, the Minister may, with the consent of the council of the band, (a) improve or cultivate that land and employ persons therefor, and authorize and direct the expenditure of such amount of the capital funds of the band as he considers necessary for that improvement or cultivation including the purchase of such stock, machinery or material or for the employment of such labour as the Minister considers necessary; (b) where the land is in the lawful possession of any individual, grant a lease of that land for agricultural or grazing purposes or for any purpose that is for the benefit of the person in possession of the land; and (c) where the land is not in the lawful possession of any individual, grant for the benefit of the band a lease of that land for agricultural or grazing purposes. Distribution of proceeds (2) Out of the proceeds derived from the improvement or cultivation of lands pursuant to paragraph (1)(b), a reasonable rent shall be paid to the individual in lawful possession of the lands or any part thereof and the remainder of the proceeds shall be placed to the credit of the band, but if improvements are made on the lands occupied by an individual, the Minister may deduct the value of the improvements from the rent payable to the individual under this subsection. Lease at request of occupant (3) The Minister may lease for the benefit of any Indian, on application of that Indian for that purpose, the land of which the Indian is lawfully in possession without the land being designated. Disposition of grass, timber, non-metallic substances, etc. (4) Notwithstanding anything in this Act, the Minister may, without an absolute surrender or a designation (a) dispose of wild grass or dead or fallen timber; and (b) with the consent of the council of the band, dispose of sand, gravel, clay and other non-metallic substances on or under lands in a reserve, or, where that consent cannot be obtained without undue difficulty or delay, may issue temporary permits for the taking of sand, gravel, clay and other non-metallic substances on or under lands in a reserve, renewable only with the consent of the council of the band. Proceeds (5) The proceeds of the transactions referred to in subsection (4) shall be credited to band funds or shall be divided between the band and the individual Indians in lawful possession of the lands in such shares as the Minister may determine. R.S., 1985, c. I-5, s. 58; R.S., 1985, c. 17 (4th Supp.), s. 8
Indian Act — I-5 59
Adjustment of contracts 59 The Minister may, with the consent of the council of a band, (a) reduce or adjust the amount payable to Her Majesty in respect of a transaction affecting absolutely surrendered lands, designated lands or other lands in a reserve or the rate of interest payable thereon; and (b) reduce or adjust the amount payable to the band by an Indian in respect of a loan made to the Indian from band funds. R.S., 1985, c. I-5, s. 59; R.S., 1985, c. 17 (4th Supp.), s. 9
Indian Act — I-5 60
Control over lands 60 (1) The Governor in Council may at the request of a band grant to the band the right to exercise such control and management over lands in the reserve occupied by that band as the Governor in Council considers desirable. Withdrawal (2) The Governor in Council may at any time withdraw from a band a right conferred on the band under subsection (1). R.S., c. I-6, s. 60
Indian Act — I-5 61
Indian moneys to be held for use and benefit 61 (1) Indian moneys shall be expended only for the benefit of the Indians or bands for whose use and benefit in common the moneys are received or held, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which Indian moneys are used or are to be used is for the use and benefit of the band. Interest (2) Interest on Indian moneys held in the Consolidated Revenue Fund shall be allowed at a rate to be fixed from time to time by the Governor in Council. R.S., c. I-6, s. 61
Indian Act — I-5 62
Capital and revenue 62 All Indian moneys derived from the sale of surrendered lands or the sale of capital assets of a band shall be deemed to be capital moneys of the band and all Indian moneys other than capital moneys shall be deemed to be revenue moneys of the band. R.S., c. I-6, s. 62
Indian Act — I-5 63
Payments to Indians 63 Notwithstanding the Financial Administration Act , where moneys to which an Indian is entitled are paid to a superintendent under any lease or agreement made under this Act, the superintendent may pay the moneys to the Indian. R.S., c. I-6, s. 63
Indian Act — I-5 64
Expenditure of capital moneys with consent 64 (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of capital moneys of the band (a) to distribute per capita to the members of the band an amount not exceeding fifty per cent of the capital moneys of the band derived from the sale of surrendered lands; (b) to construct and maintain roads, bridges, ditches and watercourses on reserves or on surrendered lands; (c) to construct and maintain outer boundary fences on reserves; (d) to purchase land for use by the band as a reserve or as an addition to a reserve; (e) to purchase for the band the interest of a member of the band in lands on a reserve; (f) to purchase livestock and farm implements, farm equipment or machinery for the band; (g) to construct and maintain on or in connection with a reserve such permanent improvements or works as in the opinion of the Minister will be of permanent value to the band or will constitute a capital investment; (h) to make to members of the band, for the purpose of promoting the welfare of the band, loans not exceeding one-half of the total value of (i) the chattels owned by the borrower, and (ii) the land with respect to which he holds or is eligible to receive a Certificate of Possession, and may charge interest and take security therefor; (i) to meet expenses necessarily incidental to the management of lands on a reserve, surrendered lands and any band property; (j) to construct houses for members of the band, to make loans to members of the band for building purposes with or without security and to provide for the guarantee of loans made to members of the band for building purposes; and (k) for any other purpose that in the opinion of the Minister is for the benefit of the band. Expenditure of capital moneys in accordance with by-laws (2) The Minister may make expenditures out of the capital moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the capital moneys. R.S., 1985, c. I-5, s. 64; R.S., 1985, c. 32 (1st Supp.), s. 10
Indian Act — I-5 64.1
Expenditure of capital moneys with consent 64.1 (1) A person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, exceeds $1,000, together with any interest. Expenditure of capital moneys in accordance with by-laws (2) If the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds $1,000, together with any interest, has been repaid to the band. Regulations (3) The Governor in Council may make regulations prescribing the manner of determining interest for the purpose of subsections (1) and (2). R.S., 1985, c. 32 (1st Supp.), s. 11 2017, c. 25, s. 3.2
Indian Act — I-5 65
Expenditure of capital 65 The Minister may pay from capital moneys (a) compensation to an Indian in an amount that is determined in accordance with this Act to be payable to him in respect of land compulsorily taken from him for band purposes; and (b) expenses incurred to prevent or suppress grass or forest fires or to protect the property of Indians in cases of emergency. R.S., c. I-6, s. 65