GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Act — I-5 93
Removal of material from reserve 93 A person who, without the written permission of the Minister or his duly authorized representative, (a) removes or permits anyone to remove from a reserve (i) minerals, stone, sand, gravel, clay or soil, or (ii) trees, saplings, shrubs, underbrush, timber, cordwood or hay, or (b) has in his possession anything removed from a reserve contrary to this section, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both. R.S., c. I-6, s. 93
Indian Act — I-5 94 to 100
94 to 100 [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 17]
Indian Act — I-5 101
Certificate of analysis is evidence 101 In every prosecution under this Act a certificate of analysis furnished by an analyst employed by the Government of Canada or by a province shall be accepted as evidence of the facts stated therein and of the authority of the person giving or issuing the certificate, without proof of the signature of the person appearing to have signed the certificate or his official character, and without further proof thereof. R.S., c. I-6, s. 101
Indian Act — I-5 102
Penalty where no other provided 102 Every person who is guilty of an offence against any provision of this Act or any regulation made by the Governor in Council or the Minister for which a penalty is not provided elsewhere in this Act or the regulations is liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months or to both. R.S., c. I-6, s. 102
Indian Act — I-5 103
Seizure of goods 103 (1) Whenever a peace officer, a superintendent or a person authorized by the Minister believes on reasonable grounds that a by-law made under subsection 81(1) or 85.1(1) has been contravened or an offence against section 90 or 93 has been committed, he may seize all goods and chattels by means of or in relation to which he believes on reasonable grounds the by-law was contravened or the offence was committed. Detention (2) All goods and chattels seized pursuant to subsection (1) may be detained for a period of three months following the day of seizure unless during that period proceedings are undertaken under this Act in respect of the offence, in which case the goods and chattels may be further detained until the proceedings are finally concluded. Forfeiture (3) Where a person is convicted of an offence against the sections mentioned in subsection (1), the convicting court or judge may order that the goods and chattels by means of or in relation to which the offence was committed, in addition to any penalty imposed, are forfeited to Her Majesty and may be disposed of as the Minister directs. Search (4) A justice who is satisfied by information on oath that there is reasonable ground to believe that there are in a reserve or in any building, receptacle or place any goods or chattels by means of or in relation to which an offence against any of the sections mentioned in subsection (1) has been, is being or is about to be committed may at any time issue a warrant under his hand authorizing a person named therein or a peace officer at any time to search the reserve, building, receptacle or place for any of those goods or chattels. R.S., 1985, c. I-5, s. 103; R.S., 1985, c. 32 (1st Supp.), s. 19; 2014, c. 38, s. 11
Indian Act — I-5 104
Disposition of fines 104 (1) Subject to subsection (2), every fine, penalty or forfeiture imposed under this Act belongs to Her Majesty for the benefit of the band, or of one or more members of the band, with respect to which the offence was committed or to which the offender, if an Indian, belongs. Exception (2) The Governor in Council may from time to time direct that a fine, penalty or forfeiture described in subsection (1) shall be paid to a provincial, municipal or local authority that bears in whole or in part the expense of administering the law under which the fine, penalty or forfeiture is imposed, or that the fine, penalty or forfeiture shall be applied in the manner that he considers will best promote the purposes of the law under which the fine, penalty or forfeiture is imposed, or the administration of that law. Disposition of fines imposed under by-laws (3) If a fine is imposed under a by-law made by the council of a band under this Act, it belongs to the band and subsections (1) and (2) do not apply. R.S., 1985, c. I-5, s. 104; 2014, c. 38, s. 12
Indian Act — I-5 106
Jurisdiction of provincial court judges 106 A provincial court judge has, with respect to matters arising under this Act, jurisdiction over the whole county, union of counties or judicial district in which the city, town or other place for which he is appointed or in which he has jurisdiction under provincial laws is situated. R.S., 1985, c. I-5, s. 106; R.S., 1985, c. 27 (1st Supp.), s. 203
Indian Act — I-5 107
Appointment of justices 107 The Governor in Council may appoint persons to be, for the purposes of this Act, justices of the peace and those persons have the powers and authority of two justices of the peace with regard to (a) any offence under this Act; and (b) any offence under the Criminal Code relating to cruelty to animals, common assault, breaking and entering and vagrancy, where the offence is committed by an Indian or relates to the person or property of an Indian. R.S., c. I-6, s. 107
Indian Act — I-5 108
Commissioners for taking oaths 108 For the purposes of this Act or any matter relating to Indian affairs (a) persons appointed by the Minister for the purpose, (b) superintendents, and (c) the Minister and the Deputy Minister of Indigenous Services, are commissioners for the taking of oaths. R.S., 1985, c. I-5, s. 108 2019, c. 29, s. 358
Indian Act — I-5 109 to 113
109 to 113 [Repealed, R.S., 1985, c. 32 (1st Supp.), s. 20]
Indian Act — I-5 114
Agreements with provinces, etc. 114 (1) The Governor in Council may authorize the Minister, in accordance with this Act, to enter into agreements on behalf of Her Majesty for the education in accordance with this Act of Indian children, with (a) the government of a province; (b) the Commissioner of Yukon; (c) the Commissioner of the Northwest Territories; (c.1) the Commissioner of Nunavut; and (d) a public or separate school board. (e) [Repealed, 2014, c. 38, s. 14] Schools (2) The Minister may, in accordance with this Act, establish, operate and maintain schools for Indian children. R.S., 1985, c. I-5, s. 114; 1993, c. 28, s. 78; 2002, c. 7, s. 184; 2014, c. 38, s. 14
Indian Act — I-5 115
Regulations 115 The Minister may (a) provide for and make regulations with respect to standards for buildings, equipment, teaching, education, inspection and discipline in connection with schools; and (b) provide for the transportation of children to and from school. (c) and (d) [Repealed, 2014, c. 38, s. 15] R.S., 1985, c. I-5, s. 115; 2014, c. 38, s. 15
Indian Act — I-5 116
Attendance 116 (1) Subject to section 117, every Indian child who has attained the age of seven years shall attend school. Idem (2) The Minister may (a) require an Indian who has attained the age of six years to attend school; and (b) require an Indian who becomes sixteen years of age during the school term to continue to attend school until the end of that term. (c) [Repealed, 2014, c. 38, s. 16] R.S., 1985, c. I-5, s. 116; 2014, c. 38, s. 16
Indian Act — I-5 117
When attendance not required 117 An Indian child is not required to attend school if the child (a) is, by reason of sickness or other unavoidable cause that is reported promptly to the principal, unable to attend school; or (b) is under efficient instruction at home or elsewhere. R.S., 1985, c. I-5, s. 117; 2014, c. 38, s. 17
Indian Act — I-5 122
Definitions 122 The following definitions apply in sections 114 to 117. child means an Indian who has attained the age of six years but has not attained the age of sixteen years, and a person who is required by the Minister to attend school; ( enfant ) school includes a day school, technical school and high school. ( école ) truant officer [Repealed, 2014, c. 38, s. 18] R.S., 1985, c. I-5, s. 123; 2014, c. 38, s. 18
Indian Act — I-5
child means an Indian who has attained the age of six years but has not attained the age of sixteen years, and a person who is required by the Minister to attend school; ( enfant )
Indian Act — I-5
school includes a day school, technical school and high school. ( école )
Indian Act — I-5
truant officer [Repealed, 2014, c. 38, s. 18]
Indian Act — I-5 22
Saving from liability 22 For greater certainty, no claim lies against Her Majesty in right of Canada, the Minister, any band, council of a band or member of a band or any other person or body in relation to the omission or deletion of the name of a person from the Indian Register in the circumstances set out in paragraph 6(1)(c), (d) or (e) of the Indian Act .
Indian Act — I-5 23
Report of Minister to Parliament 23 (1) The Minister shall cause to be laid before each House of Parliament, not later than two years after this Act is assented to, a report on the implementation of the amendments to the Indian Act , as enacted by this Act, which report shall include detailed information on (a) the number of persons who have been registered under section 6 of the Indian Act , and the number entered on each Band List under subsection 11(1) of that Act, since April 17, 1985; (b) the names and number of bands that have assumed control of their own membership under section 10 of the Indian Act ; and (c) the impact of the amendments on the lands and resources of Indian bands. Review by Parliamentary committee (2) Such committee of Parliament as may be designated or established for the purposes of this subsection shall, forthwith after the report of the Minister is tabled under subsection (1), review that report and may, in the course of that review, undertake a review of any provision of the Indian Act enacted by this Act.
Indian Act — I-5 11
Transitional: proceedings 11 Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality.
Indian Act — I-5 7
Transitional 7 (2) The Surrendered Lands Register kept in the Department before the coming into force of this Act constitutes, on the coming into force of this Act, the Surrendered and Designated Lands Register.
Indian Act — I-5 24
Transitional: proceedings 24 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Indian Act — I-5 45
Transitional: proceedings 45 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Indian Act — I-5 10
Transitional — proceedings 10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Indian Act — I-5 145
Continuation of existing by-laws 145 (1) By-laws made by a first nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule are deemed to be laws made under section 5 or 9 , as the case may be, to the extent that they are not inconsistent with section 5 or 9 , and remain in force until they are repealed or replaced. Amendment of existing by-laws (2) For greater certainty, subsections 5 (2) to (7) apply to amendments of by-laws referred to in subsection (1).
Indian Act — I-5 21
Existing interests — Indian Act 21 (1) Despite section 12 , if an interest in land in the Former Tsawwassen Reserve was granted or approved under the Indian Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement. Transfer of rights and obligations (2) On the effective date of the Agreement, the rights and obligations of Her Majesty in right of Canada as grantor in respect of such an interest are transferred to the Tsawwassen First Nation, which assumes those rights and obligations in accordance with the interest’s terms and conditions.
Indian Act — I-5 25
Documents in land registries 25 As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act have no effect.
Indian Act — I-5 3.1
Report 3.1 (1) The Minister of Indian Affairs and Northern Development shall cause to be laid before each House of Parliament, not later than two years after this Act comes into force, a report on the provisions and implementation of this Act. Review by committee (2) Such committee of Parliament as may be designated or established for the purposes of this subsection shall, forthwith after the report of the Minister is tabled under subsection (1), review that report and shall, in the course of that review, undertake a review of any provision of this Act.
Indian Act — I-5 4
Definitions 4 In sections 5 to 9, band , Band List , council of a band , registered and Registrar have the same meaning as in subsection 2(1) of the Indian Act .
Indian Act — I-5 5
Registration continued 5 For greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act , any person who was, immediately before the day on which this Act comes into force, registered and entitled to be registered under paragraph 6(1)(a) or (c) of the Indian Act continues to be registered.
Indian Act — I-5 6
Registration entitlements recognized 6 For greater certainty, for the purposes of paragraph 6(1)(f) and subsection 6(2) of the Indian Act , the Registrar must recognize any entitlements to be registered that existed under paragraph 6(1)(a) or (c) of that Act immediately before the day on which this Act comes into force.
Indian Act — I-5 7
Membership maintained — paragraphs 6(1)(a) and (c) 7 For greater certainty, subject to any membership rules established by a band, any person who, immediately before the day on which this Act comes into force, was entitled to be registered under paragraph 6(1)(a) or (c) of the Indian Act and had the right to have their name entered in the Band List maintained by that band continues to have that right.
Indian Act — I-5 8
Membership maintained — paragraph 6(1)(c.1) 8 For greater certainty, subject to any membership rules established by a band on or after the day on which this Act comes into force, any person who is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act , as enacted by subsection 2 (3), and who had, immediately before that day, the right to have their name entered in the Band List maintained by that band continues to have that right.
Indian Act — I-5 9
No liability 9 For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because (a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this Act comes into force; and (b) one of the person’s parents is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act , as enacted by subsection 2(3).
Indian Act — I-5 4
Definition of declaration 4 (1) In sections 5 to 8 and 15 , declaration means the declaration made on August 3, 2015 by the Superior Court of Quebec in Descheneaux c. Canada (Procureur général) , 2015 QCCS 3555, that paragraphs 6(1)(a), (c) and (f) and subsection 6(2) of the Indian Act are inoperative. Same meaning (2) Words and expressions used in sections 5 to 10.1 have the same meaning as in the Indian Act .
Indian Act — I-5 5
Application 5 Sections 6 to 8 apply if the suspension of the declaration expires before the day on which the order referred to in subsection 15(1) is made.
Indian Act — I-5 6
Registration continued 6 For greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act , any person who was, immediately before the suspension of the declaration expires, registered and entitled to be registered under paragraph 6(1)(a), (c) or (f) or subsection 6(2) of that Act continues to be registered.
Indian Act — I-5 7
Registration entitlements recognized 7 For greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act , for the purposes of paragraph 6(1)(f) and subsection 6(2) of that Act, the Registrar must, in respect of the period beginning on the day after the day on which the suspension of the declaration expires and ending on the day on which the order referred to in subsection 15(1) is made, recognize any entitlements to be registered that existed under paragraph 6(1)(a), (c) or (f) or subsection 6(2) of the Indian Act immediately before the suspension of the declaration expires.
Indian Act — I-5 8
Membership continued 8 For greater certainty, any person whose name appeared immediately before the expiry of the suspension of the declaration on a Band List maintained in the Department is not deprived of the right to have their name entered on that Band List by reason only of the declaration.
Indian Act — I-5 9
Construction 9 The provisions of the Indian Act that are amended by this Act are to be liberally construed and interpreted so as to remedy any disadvantage to a woman, or her descendants, born before April 17, 1985, with respect to registration under the Indian Act as it read on April 17, 1985, and to enhance the equal treatment of women and men and their descendants under the Indian Act .
Indian Act — I-5 10
No liability 10 For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty in right of Canada, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because (a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this section comes into force; and (b) one of the person’s parents is entitled to be registered under paragraph 6(1)(c.01) or (c.02) or any of paragraphs 6(1)(c.2) to (c.6) of the Indian Act .
Indian Act — I-5 10.1
No liability 10.1 For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty in right of Canada, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because (a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this section comes into force; and (b) that person or one of the person’s parents, grandparents or other ancestors is entitled to be registered under paragraph 6(1)(a.1), (a.2) or (a.3) of the Indian Act .
Indian Act — I-5 11
Consultations by Minister 11 (1) The Minister must, within six months after the day on which this Act receives royal assent, initiate consultations with First Nations and other interested parties in order to address, in collaboration with those First Nations and other parties, issues raised by the provisions of the Indian Act related to registration and band membership, including consultations on (a) issues relating to adoption; (b) the 1951 cut-off date for entitlement to registration; (c) the second-generation cut-off rule; (d) unknown or unstated paternity; (e) enfranchisement; (f) the continued federal government role in determining Indian status and band membership; and (g) First Nations’ authorities to determine band membership. Requirement (2) The Minister, the First Nations and the other interested parties must, during the consultations, consider the impact of the Canadian Charter of Rights and Freedoms , of the United Nations Declaration on the Rights of Indigenous Peoples and, if applicable, of the Canadian Human Rights Act , in regard to those issues. Report to Parliament — design of consultation process (3) The Minister must cause to be laid before each House of Parliament, within five months after the day on which this Act receives royal assent, a report on the design of a process by which the Minister is to carry out the consultations described to in subsection (1). Report to Parliament — results of consultations (4) The Minister must cause to be laid before each House of Parliament, within 12 months after the day on which the consultations begin, a report on the progress made as a result of the consultations and collaboration. The report must set out details as to the consultations carried out, including details related to (a) issues relating to adoption; (b) the 1951 cut-off date for entitlement to registration; (c) the second-generation cut-off rule; (d) unknown or unstated paternity; (e) enfranchisement; (f) the continued federal government role in determining Indian status and band membership; and (g) First Nations’ authorities to determine band membership. Referral to committee (5) Each report stands referred to any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established to review matters related to Aboriginal affairs.
Indian Act — I-5 12
Report to Parliament 12 (1) The Minister must, within three years after the day on which this Act receives royal assent, (a) undertake the following reviews: (i) a review of the provisions of section 6 of the Indian Act that are enacted by this Act in order to determine whether all of the sex-based inequities have been eliminated with respect to those provisions, and (ii) a review of the operation of the provisions of the Indian Act that are enacted by this Act; and (b) cause to be laid before each House of Parliament a report on those reviews that includes, if he or she determines that any sex-based inequities still exist with respect to the provisions of section 6 of the Indian Act that are enacted by this Act, a statement of any changes to the Indian Act that he or she recommends in order to reduce or eliminate those sex-based inequities. Referral to committee (2) The report stands referred to any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established to review matters related to Aboriginal affairs.
Indian Act — I-5 13
Publication 13 The Minister must publish every report laid before Parliament under sections 11 and 12 on the Department’s website immediately after their tabling.
Indian Act — I-5 14
Same meaning 14 Words and expressions used in sections 11 to 13 have the same meaning as in the Indian Act .
Indian Act — I-5 62
By-laws approved 62 All by-laws made under subsection 83(1) of the Indian Act from July 15, 2019 to May 16, 2020 that received approval, in whole or in part, from the Minister of Crown-Indigenous Relations during that time are deemed to have received it instead from the Minister of Indigenous Services.
Indian Lands Agreement (1986) Act — I-6.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Indian Lands Agreement (1986) Act — I-6.7 1
Short title 1 This Act may be cited as the Indian Lands Agreement (1986) Act .