GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Act — I-5 14.3
Appeal 14.3 (1) Within six months after the Registrar renders a decision on a protest under section 14.2, (a) in the case of a protest in respect of the Band List of a band, the council of the band, the person by whom the protest was made, or the person in respect of whose name the protest was made or that person’s representative, or (b) in the case of a protest in respect of the Indian Register, the person in respect of whose name the protest was made or that person’s representative, may, by notice in writing, appeal the decision to a court referred to in subsection (5). Copy of notice of appeal to the Registrar (2) Where an appeal is taken under this section, the person who takes the appeal shall forthwith provide the Registrar with a copy of the notice of appeal. Material to be filed with the court by Registrar (3) On receipt of a copy of a notice of appeal under subsection (2), the Registrar shall forthwith file with the court a copy of the decision being appealed together with all documentary evidence considered in arriving at that decision and any recording or transcript of any oral proceedings related thereto that were held before the Registrar. Decision (4) The court may, after hearing an appeal under this section, (a) affirm, vary or reverse the decision of the Registrar; or (b) refer the subject-matter of the appeal back to the Registrar for reconsideration or further investigation. Court (5) An appeal may be heard under this section (a) in the Province of Quebec, before the Superior Court for the district in which the band is situated or in which the person who made the protest resides, or for such other district as the Minister may designate; (a.1) in the Province of Ontario, before the Superior Court of Justice; (b) in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, before the Court of Queen’s Bench; (c) in the Province of Newfoundland and Labrador, before the Trial Division of the Supreme Court; (c.1) [Repealed, 1992, c. 51, s. 54] (d) in the Province of Nova Scotia, British Columbia or Prince Edward Island, in Yukon or in the Northwest Territories, before the Supreme Court; or (e) in Nunavut, before the Nunavut Court of Justice. R.S., 1985, c. 32 (1st Supp.), s. 4, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 14, c. 17, s. 25; 1992, c. 51, s. 54; 1998, c. 30, s. 14; 1999, c. 3, s. 69; 2002, c. 7, s. 183; 2015, c. 3, s. 118
Indian Act — I-5 15
15 (1) to (4) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 5] Commutation of payments under former Act (5) Where, prior to September 4, 1951, any woman became entitled, under section 14 of the Indian Act , chapter 98 of the Revised Statutes of Canada, 1927, or any prior provisions to the like effect, to share in the distribution of annuities, interest moneys or rents, the Minister may, in lieu thereof, pay to that woman out of the moneys of the band an amount equal to ten times the average annual amounts of the payments made to her during the ten years last preceding or, if they were paid for less than ten years, during the years they were paid. R.S., 1985, c. I-5, s. 15; R.S., 1985, c. 32 (1st Supp.), s. 5
Indian Act — I-5 16
16 (1) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 6] Transferred member’s interest (2) A person who ceases to be a member of one band by reason of becoming a member of another band is not entitled to any interest in the lands or moneys held by Her Majesty on behalf of the former band, but is entitled to the same interest in common in lands and moneys held by Her Majesty on behalf of the latter band as other members of that band. (3) [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 6] R.S., 1985, c. I-5, s. 16; R.S., 1985, c. 32 (1st Supp.), s. 6
Indian Act — I-5 17
Minister may constitute new bands 17 (1) The Minister may, whenever he considers it desirable, (a) amalgamate bands that, by a vote of a majority of their electors, request to be amalgamated; and (b) constitute new bands and establish Band Lists with respect thereto from existing Band Lists, or from the Indian Register, if requested to do so by persons proposing to form the new bands. Division of reserves and funds (2) Where pursuant to subsection (1) a new band has been established from an existing band or any part thereof, such portion of the reserve lands and funds of the existing band as the Minister determines shall be held for the use and benefit of the new band. No protest (3) No protest may be made under section 14.2 in respect of the deletion from or the addition to a Band List consequent on the exercise by the Minister of any of the Minister’s powers under subsection (1). R.S., 1985, c. I-5, s. 17; R.S., 1985, c. 32 (1st Supp.), s. 7
Indian Act — I-5 18
Reserves to be held for use and benefit of Indians 18 (1) Subject to this Act, reserves are held by Her Majesty for the use and benefit of the respective bands for which they were set apart, 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 lands in a reserve are used or are to be used is for the use and benefit of the band. Use of reserves for schools, etc. (2) The Minister may authorize the use of lands in a reserve for the purpose of Indian schools, the administration of Indian affairs, Indian burial grounds, Indian health projects or, with the consent of the council of the band, for any other purpose for the general welfare of the band, and may take any lands in a reserve required for those purposes, but where an individual Indian, immediately prior to the taking, was entitled to the possession of those lands, compensation for that use shall be paid to the Indian, in such amount as may be agreed between the Indian and the Minister, or, failing agreement, as may be determined in such manner as the Minister may direct. R.S., c. I-6, s. 18
Indian Act — I-5 18.1
Children of band members 18.1 A member of a band who resides on the reserve of the band may reside there with his dependent children or any children of whom the member has custody. R.S., 1985, c. 32 (1st Supp.), s. 8
Indian Act — I-5 19
Surveys and subdivisions 19 The Minister may (a) authorize surveys of reserves and the preparation of plans and reports with respect thereto; (b) divide the whole or any portion of a reserve into lots or other subdivisions; and (c) determine the location and direct the construction of roads in a reserve. R.S., c. I-6, s. 19
Indian Act — I-5 20
Possession of lands in a reserve 20 (1) No Indian is lawfully in possession of land in a reserve unless, with the approval of the Minister, possession of the land has been allotted to him by the council of the band. Certificate of Possession (2) The Minister may issue to an Indian who is lawfully in possession of land in a reserve a certificate, to be called a Certificate of Possession, as evidence of his right to possession of the land described therein. Location tickets issued under previous legislation (3) For the purposes of this Act, any person who, on September 4, 1951, held a valid and subsisting Location Ticket issued under The Indian Act, 1880 , or any statute relating to the same subject-matter, shall be deemed to be lawfully in possession of the land to which the location ticket relates and to hold a Certificate of Possession with respect thereto. Temporary possession (4) Where possession of land in a reserve has been allotted to an Indian by the council of the band, the Minister may, in his discretion, withhold his approval and may authorize the Indian to occupy the land temporarily and may prescribe the conditions as to use and settlement that are to be fulfilled by the Indian before the Minister approves of the allotment. Certificate of Occupation (5) Where the Minister withholds approval pursuant to subsection (4), he shall issue a Certificate of Occupation to the Indian, and the Certificate entitles the Indian, or those claiming possession by devise or descent, to occupy the land in respect of which it is issued for a period of two years from the date thereof. Extension and approval (6) The Minister may extend the term of a Certificate of Occupation for a further period not exceeding two years, and may, at the expiration of any period during which a Certificate of Occupation is in force (a) approve the allotment by the council of the band and issue a Certificate of Possession if in his opinion the conditions as to use and settlement have been fulfilled; or (b) refuse approval of the allotment by the council of the band and declare the land in respect of which the Certificate of Occupation was issued to be available for re-allotment by the council of the band. R.S., c. I-6, s. 20
Indian Act — I-5 21
Register 21 There shall be kept in the Department a register, to be known as the Reserve Land Register, in which shall be entered particulars relating to Certificates of Possession and Certificates of Occupation and other transactions respecting lands in a reserve. R.S., c. I-6, s. 21
Indian Act — I-5 22
Improvements on lands 22 Where an Indian who is in possession of lands at the time they are included in a reserve made permanent improvements thereon before that time, he shall be deemed to be in lawful possession of those lands at the time they are included. R.S., c. I-6, s. 22
Indian Act — I-5 23
Compensation for improvements 23 An Indian who is lawfully removed from lands in a reserve on which he has made permanent improvements may, if the Minister so directs, be paid compensation in respect thereof in an amount to be determined by the Minister, either from the person who goes into possession or from the funds of the band, at the discretion of the Minister. R.S., c. I-6, s. 23
Indian Act — I-5 24
Transfer of possession 24 An Indian who is lawfully in possession of lands in a reserve may transfer to the band or another member of the band the right to possession of the land, but no transfer or agreement for the transfer of the right to possession of lands in a reserve is effective until it is approved by the Minister. R.S., c. I-6, s. 24
Indian Act — I-5 25
Indian ceasing to reside on reserve 25 (1) An Indian who ceases to be entitled to reside on a reserve may, within six months or such further period as the Minister may direct, transfer to the band or another member of the band the right to possession of any lands in the reserve of which he was lawfully in possession. When right of possession reverts (2) Where an Indian does not dispose of his right of possession in accordance with subsection (1), the right to possession of the land reverts to the band, subject to the payment to the Indian who was lawfully in possession of the land, from the funds of the band, of such compensation for permanent improvements as the Minister may determine. R.S., c. I-6, s. 25
Indian Act — I-5 26
Correction of Certificate or Location Tickets 26 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
Indian Act — I-5 27
Cancellation of Certificates or Location Tickets 27 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
Indian Act — I-5 28
Grants, etc., of reserve lands void 28 (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. 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
Indian Act — I-5 29
Exemption from seizure 29 Reserve lands are not subject to seizure under legal process. R.S., c. I-6, s. 29
Indian Act — I-5 30
Penalty for trespass 30 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
Indian Act — I-5 31
Information by Attorney General 31 (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. 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. 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
Indian Act — I-5 34
Roads, bridges, etc. 34 (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. 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
Indian Act — I-5 35
Taking of lands by local authorities 35 (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. 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. 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. 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
Indian Act — I-5 36.1
Special reserves 36.1 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
Indian Act — I-5 37
Sales 37 (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. 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
Indian Act — I-5 38
Surrender to Her Majesty 38 (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. 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
Indian Act — I-5 39
Conditions — surrender 39 (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. 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. 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. 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. 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
Indian Act — I-5 39.1
Conditions — designation 39.1 A designation is valid if it is made to Her Majesty, is assented to by a majority of the electors of the band voting at a referendum held in accordance with the regulations, is recommended to the Minister by the council of the band and is accepted by the Minister. 2012, c. 31, s. 208
Indian Act — I-5 40
Certification — surrender 40 A proposed absolute surrender that is assented to by the band in accordance with section 39 shall be certified on oath by the superintendent or other officer who attended the meeting and by the chief or a member of the council of the band and then submitted to the Governor in Council for acceptance or refusal. R.S., 1985, c. I-5, s. 40; R.S., 1985, c. 17 (4th Supp.), s. 4; 2012, c. 31, s. 208
Indian Act — I-5 40.1
Certification — designation 40.1 (1) A proposed designation that is assented to in accordance with section 39.1 shall be certified on oath by an officer of the Department and by the chief or a member of the council of the band. Ministerial decision (2) On the recommendation of the council of the band, the proposed designation shall be submitted to the Minister who may accept or reject it. 2012, c. 31, s. 208
Indian Act — I-5 41
Effect of surrenders and designations 41 An absolute surrender or a designation shall be deemed to confer all rights that are necessary to enable Her Majesty to carry out the terms of the surrender or designation. R.S., 1985, c. I-5, s. 41; R.S., 1985, c. 17 (4th Supp.), s. 4
Indian Act — I-5 42
Powers of Minister with respect to property of deceased Indians 42 (1) Subject to this Act, all jurisdiction and authority in relation to matters and causes testamentary, with respect to deceased Indians, is vested exclusively in the Minister and shall be exercised subject to and in accordance with regulations of the Governor in Council. Regulations (2) The Governor in Council may make regulations providing that a deceased Indian who at the time of his death was in possession of land in a reserve shall, in such circumstances and for such purposes as the regulations prescribe, be deemed to have been at the time of his death lawfully in possession of that land. Application of regulations (3) Regulations made under subsection (2) may be made applicable to estates of Indians who died before, on or after September 4, 1951. R.S., c. I-6, s. 42
Indian Act — I-5 43
Particular powers 43 Without restricting the generality of section 42, the Minister may (a) appoint executors of wills and administrators of estates of deceased Indians, remove them and appoint others in their stead; (b) authorize executors to carry out the terms of the wills of deceased Indians; (c) authorize administrators to administer the property of Indians who die intestate; (d) carry out the terms of wills of deceased Indians and administer the property of Indians who die intestate; and (e) make or give any order, direction or finding that in his opinion it is necessary or desirable to make or give with respect to any matter referred to in section 42. R.S., c. I-6, s. 43
Indian Act — I-5 44
Courts may exercise jurisdiction with consent of Minister 44 (1) The court that would have jurisdiction if a deceased were not an Indian may, with the consent of the Minister, exercise, in accordance with this Act, the jurisdiction and authority conferred on the Minister by this Act in relation to testamentary matters and causes and any other powers, jurisdiction and authority ordinarily vested in that court. Minister may refer a matter to the court (2) The Minister may direct in any particular case that an application for the grant of probate of the will or letters of administration of a deceased shall be made to the court that would have jurisdiction if the deceased were not an Indian, and the Minister may refer to that court any question arising out of any will or the administration of any estate. Orders relating to lands (3) A court that is exercising any jurisdiction or authority under this section shall not without the consent in writing of the Minister enforce any order relating to real property on a reserve. R.S., c. I-6, s. 44
Indian Act — I-5 45
Indians may make wills 45 (1) Nothing in this Act shall be construed to prevent or prohibit an Indian from devising or bequeathing his property by will. Form of will (2) The Minister may accept as a will any written instrument signed by an Indian in which he indicates his wishes or intention with respect to the disposition of his property on his death. Probate (3) No will executed by an Indian is of any legal force or effect as a disposition of property until the Minister has approved the will or a court has granted probate thereof pursuant to this Act. R.S., c. I-6, s. 45