GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Act — I-5 66
Expenditure of revenue moneys with consent of band 66 (1) With the consent of the council of a band, the Minister may authorize and direct the expenditure of revenue moneys for any purpose that in the opinion of the Minister will promote the general progress and welfare of the band or any member of the band. Minister may direct expenditure (2) The Minister may make expenditures out of the revenue moneys of the band to assist sick, disabled, aged or destitute Indians of the band, to provide for the burial of deceased indigent members of the band and to provide for the payment of contributions under the Employment Insurance Act on behalf of employed persons who are paid in respect of their employment out of moneys of the band. Idem (2.1) The Minister may make expenditures out of the revenue 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 revenue moneys. Expenditure of revenue moneys with authority of Minister (3) The Minister may authorize the expenditure of revenue moneys of the band for all or any of the following purposes, namely, (a) for the destruction of noxious weeds and the prevention of the spreading or prevalence of insects, pests or diseases that may destroy or injure vegetation on Indian reserves; (b) to prevent, mitigate and control the spread of diseases on reserves, whether or not the diseases are infectious or communicable; (c) to provide for the inspection of premises on reserves and the destruction, alteration or renovation thereof; (d) to prevent overcrowding of premises on reserves used as dwellings; (e) to provide for sanitary conditions in private premises on reserves as well as in public places on reserves; and (f) for the construction and maintenance of boundary fences. R.S., 1985, c. I-5, s. 66; R.S., 1985, c. 32 (1st Supp.), s. 12; 1996, c. 23, s. 187
Indian Act — I-5 67
Recovery of certain expenses 67 Where money is expended by Her Majesty for the purpose of raising or collecting Indian moneys, the Minister may authorize the recovery of the amount so expended from the moneys of the band. R.S., c. I-6, s. 67
Indian Act — I-5 68
Maintenance of dependants 68 Where the Minister is satisfied that an Indian (a) has deserted his spouse or common-law partner or family without sufficient cause, (b) has conducted himself in such a manner as to justify the refusal of his spouse or common-law partner or family to live with him, or (c) has been separated by imprisonment from his spouse or common-law partner and family, the Minister may order that payments of any annuity or interest money to which that Indian is entitled shall be applied to the support of the spouse or common-law partner or family or both the spouse or common-law partner and family of that Indian. R.S., 1985, c. I-5, s. 68; R.S., 1985, c. 32 (1st Supp.), s. 13; 2000, c. 12, s. 152
Indian Act — I-5 69
Management of revenue moneys by band 69 (1) The Governor in Council may by order permit a band to control, manage and expend in whole or in part its revenue moneys and may amend or revoke any such order. Regulations (2) The Governor in Council may make regulations to give effect to subsection (1) and may declare therein the extent to which this Act and the Financial Administration Act shall not apply to a band to which an order made under subsection (1) applies. R.S., c. I-6, s. 69
Indian Act — I-5 70
Loans to Indians 70 (1) The Minister of Finance may authorize advances to the Minister out of the Consolidated Revenue Fund of such sums of money as the Minister may require to enable him (a) to make loans to bands, groups of Indians or individual Indians for the purchase of farm implements, machinery, livestock, motor vehicles, fishing equipment, seed grain, fencing materials, materials to be used in native handicrafts, any other equipment, and gasoline and other petroleum products, or for the making of repairs or the payment of wages, or for the clearing and breaking of land within reserves; (b) to expend or to lend money for the carrying out of cooperative projects on behalf of Indians; or (c) to provide for any other matter prescribed by the Governor in Council. Regulations (2) The Governor in Council may make regulations to give effect to subsection (1). Accounting (3) Expenditures that are made under subsection (1) shall be accounted for in the same manner as public moneys. Repayment (4) The Minister shall pay to the Receiver General all moneys that he receives from bands, groups of Indians or individual Indians by way of repayments of loans made under subsection (1). Limitation (5) The total amount of outstanding advances to the Minister under this section shall not at any one time exceed six million and fifty thousand dollars. Report to Parliament (6) The Minister shall within fifteen days after the termination of each fiscal year or, if Parliament is not then in session, within fifteen days after the commencement of the next ensuing session, lay before Parliament a report setting out the total number and amount of loans made under subsection (1) during that year. R.S., c. I-6, s. 70
Indian Act — I-5 71
Minister may operate farms 71 (1) The Minister may operate farms on reserves and may employ such persons as he considers necessary to instruct Indians in farming and may purchase and distribute without charge pure seed to Indian farmers. Application of profits (2) The Minister may apply any profits that result from the operation of farms pursuant to subsection (1) on reserves to extend farming operations on the reserves or to make loans to Indians to enable them to engage in farming or other agricultural operations or he may apply those profits in any way that he considers to be desirable to promote the progress and development of the Indians. R.S., c. I-6, s. 71
Indian Act — I-5 72
Treaty money payable out of C.R.F. 72 Moneys that are payable to Indians or to Indian bands under a treaty between Her Majesty and a band and for the payment of which the Government of Canada is responsible may be paid out of the Consolidated Revenue Fund. R.S., c. I-6, s. 72
Indian Act — I-5 73
Regulations 73 (1) The Governor in Council may make regulations (a) for the protection and preservation of fur-bearing animals, fish and other game on reserves; (b) for the destruction of noxious weeds and the prevention of the spreading or prevalence of insects, pests or diseases that may destroy or injure vegetation on Indian reserves; (c) for the control of the speed, operation and parking of vehicles on roads within reserves; (d) for the taxation, control and destruction of dogs and for the protection of sheep on reserves; (e) for the operation, supervision and control of pool rooms, dance halls and other places of amusement on reserves; (f) to prevent, mitigate and control the spread of diseases on reserves, whether or not the diseases are infectious or communicable; (g) to provide medical treatment and health services for Indians; (h) to provide compulsory hospitalization and treatment for infectious diseases among Indians; (i) to provide for the inspection of premises on reserves and the destruction, alteration or renovation thereof; (j) to prevent overcrowding of premises on reserves used as dwellings; (k) to provide for sanitary conditions in private premises on reserves as well as in public places on reserves; (l) for the construction and maintenance of boundary fences; and (m) for empowering and authorizing the council of a band to borrow money for band projects or housing purposes and providing for the making of loans out of moneys so borrowed to members of the band for housing purposes. Punishment (2) The Governor in Council may prescribe the punishment, not exceeding a fine of one hundred dollars or imprisonment for a term not exceeding three months or both, that may be imposed on summary conviction for contravention of a regulation made under subsection (1). Orders and regulations (3) The Governor in Council may make orders and regulations to carry out the purposes and provisions of this Act. R.S., c. I-6, s. 73
Indian Act — I-5 74
Elected councils 74 (1) Whenever he deems it advisable for the good government of a band, the Minister may declare by order that after a day to be named therein the council of the band, consisting of a chief and councillors, shall be selected by elections to be held in accordance with this Act. Composition of council (2) Unless otherwise ordered by the Minister, the council of a band in respect of which an order has been made under subsection (1) shall consist of one chief, and one councillor for every one hundred members of the band, but the number of councillors shall not be less than two nor more than twelve and no band shall have more than one chief. Regulations (3) The Governor in Council may, for the purposes of giving effect to subsection (1), make orders or regulations to provide (a) that the chief of a band shall be elected by (i) a majority of the votes of the electors of the band, or (ii) a majority of the votes of the elected councillors of the band from among themselves, but the chief so elected shall remain a councillor; and (b) that the councillors of a band shall be elected by (i) a majority of the votes of the electors of the band, or (ii) a majority of the votes of the electors of the band in the electoral section in which the candidate resides and that he proposes to represent on the council of the band. Electoral sections (4) A reserve shall for voting purposes consist of one electoral section, except that where the majority of the electors of a band who were present and voted at a referendum or a special meeting held and called for the purpose in accordance with the regulations have decided that the reserve should for voting purposes be divided into electoral sections and the Minister so recommends, the Governor in Council may make orders or regulations to provide for the division of the reserve for voting purposes into not more than six electoral sections containing as nearly as may be an equal number of Indians eligible to vote and to provide for the manner in which electoral sections so established are to be distinguished or identified. R.S., c. I-6, s. 74
Indian Act — I-5 75
Eligibility 75 (1) No person other than an elector who resides in an electoral section may be nominated for the office of councillor to represent that section on the council of the band. Nomination (2) No person may be a candidate for election as chief or councillor of a band unless his nomination is moved and seconded by persons who are themselves eligible to be nominated. R.S., c. I-6, s. 75
Indian Act — I-5 76
Regulations governing elections 76 (1) The Governor in Council may make orders and regulations with respect to band elections and, without restricting the generality of the foregoing, may make regulations with respect to (a) meetings to nominate candidates; (b) the appointment and duties of electoral officers; (c) the manner in which voting is to be carried out; (d) election appeals; and (e) the definition of residence for the purpose of determining the eligibility of voters. Secrecy of voting (2) The regulations made under paragraph (1)(c) shall provide for secrecy of voting. R.S., c. I-6, s. 76
Indian Act — I-5 77
Eligibility of voters for chief 77 (1) A member of a band who has attained the age of eighteen years and is ordinarily resident on the reserve is qualified to vote for a person nominated to be chief of the band and, where the reserve for voting purposes consists of one section, to vote for persons nominated as councillors. Councillor (2) A member of a band who is of the full age of eighteen years and is ordinarily resident in a section that has been established for voting purposes is qualified to vote for a person nominated to be councillor to represent that section. R.S., 1985, c. I-5, s. 77; R.S., 1985, c. 32 (1st Supp.), s. 14
Indian Act — I-5 78
Tenure of office 78 (1) Subject to this section, the chief and councillors of a band hold office for two years. Vacancy (2) The office of chief or councillor of a band becomes vacant when (a) the person who holds that office (i) is convicted of an indictable offence, (ii) dies or resigns his office, or (iii) is or becomes ineligible to hold office by virtue of this Act; or (b) the Minister declares that in his opinion the person who holds that office (i) is unfit to continue in office by reason of his having been convicted of an offence, (ii) has been absent from three consecutive meetings of the council without being authorized to do so, or (iii) was guilty, in connection with an election, of corrupt practice, accepting a bribe, dishonesty or malfeasance. Disqualification (3) The Minister may declare a person who ceases to hold office by virtue of subparagraph (2)(b)(iii) to be ineligible to be a candidate for chief or councillor of a band for a period not exceeding six years. Special election (4) Where the office of chief or councillor of a band becomes vacant more than three months before the date when another election would ordinarily be held, a special election may be held in accordance with this Act to fill the vacancy. R.S., c. I-6, s. 78
Indian Act — I-5 79
Governor in Council may set aside election 79 The Governor in Council may set aside the election of a chief or councillor of a band on the report of the Minister that he is satisfied that (a) there was corrupt practice in connection with the election; (b) there was a contravention of this Act that might have affected the result of the election; or (c) a person nominated to be a candidate in the election was ineligible to be a candidate. R.S., c. I-6, s. 79
Indian Act — I-5 80
Regulations respecting band and council meetings 80 The Governor in Council may make regulations with respect to band meetings and council meetings and, without restricting the generality of the foregoing, may make regulations with respect to (a) presiding officers at such meetings; (b) notice of such meetings; (c) the duties of any representative of the Minister at such meetings; and (d) the number of persons required at such meetings to constitute a quorum. R.S., c. I-6, s. 80
Indian Act — I-5 83
Money by-laws 83 (1) Without prejudice to the powers conferred by section 81, the council of a band may, subject to the approval of the Minister, make by-laws for any or all of the following purposes, namely, (a) subject to subsections (2) and (3), taxation for local purposes of land, or interests in land, in the reserve, including rights to occupy, possess or use land in the reserve; (a.1) the licensing of businesses, callings, trades and occupations; (b) the appropriation and expenditure of moneys of the band to defray band expenses; (c) the appointment of officials to conduct the business of the council, prescribing their duties and providing for their remuneration out of any moneys raised pursuant to paragraph (a); (d) the payment of remuneration, in such amount as may be approved by the Minister, to chiefs and councillors, out of any moneys raised pursuant to paragraph (a); (e) the enforcement of payment of amounts that are payable pursuant to this section, including arrears and interest; (e.1) the imposition and recovery of interest on amounts that are payable pursuant to this section, where those amounts are not paid before they are due, and the calculation of that interest; (f) the raising of money from band members to support band projects; and (g) with respect to any matter arising out of or ancillary to the exercise of powers under this section. Restriction on expenditures (2) An expenditure made out of moneys raised pursuant to subsection (1) must be so made under the authority of a by-law of the council of the band. Appeals (3) A by-law made under paragraph (1)(a) must provide an appeal procedure in respect of assessments made for the purposes of taxation under that paragraph. Minister’s approval (4) The Minister may approve the whole or a part only of a by-law made under subsection (1). Regulations re by-laws (5) The Governor in Council may make regulations respecting the exercise of the by-law making powers of bands under this section. By-laws must be consistent with regulations (6) A by-law made under this section remains in force only to the extent that it is consistent with the regulations made under subsection (5). R.S., 1985, c. I-5, s. 83; R.S., 1985, c. 17 (4th Supp.), s. 10
Indian Act — I-5 84
Recovery of taxes 84 Where a tax that is imposed on an Indian by or under the authority of a by-law made under section 83 is not paid in accordance with the by-law, the Minister may pay the amount owing together with an amount equal to one-half of one per cent thereof out of moneys payable out of the funds of the band to the Indian. R.S., c. I-6, s. 84
Indian Act — I-5 85
85 [Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11]
Indian Act — I-5 85.1
By-laws relating to intoxicants 85.1 (1) Subject to subsection (2), the council of a band may make by-laws (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the band; (b) prohibiting any person from being intoxicated on the reserve; (c) prohibiting any person from having intoxicants in his possession on the reserve; and (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c). Consent of electors (2) A by-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a special meeting of the band called by the council of the band for the purpose of considering the by-law. (3) [Repealed, 2014, c. 38, s. 8] Offence (4) Every person who contravenes a by-law made under this section is guilty of an offence and liable on summary conviction (a) in the case of a by-law made under paragraph (1)(a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and (b) in the case of a by-law made under paragraph (1)(b) or (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both. R.S., 1985, c. 32 (1st Supp.), s. 16; 2014, c. 38, s. 8
Indian Act — I-5 86
Publication of by-laws 86 (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances. Copies of by-laws (2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council. For greater certainty (3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one. Coming into force (4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law. Duration of publication —  Internet site (5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force. R.S., 1985, c. I-5, s. 86; 2014, c. 38, s. 9
Indian Act — I-5 87
Property exempt from taxation 87 (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act , the following property is exempt from taxation: (a) the interest of an Indian or a band in reserve lands or surrendered lands; and (b) the personal property of an Indian or a band situated on a reserve. Idem (2) No Indian or band is subject to taxation in respect of the ownership, occupation, possession or use of any property mentioned in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property. Idem (3) No succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any property mentioned in paragraphs (1)(a) or (b) or the succession thereto if the property passes to an Indian, nor shall any such property be taken into account in determining the duty payable under the Dominion Succession Duty Act , chapter 89 of the Revised Statutes of Canada, 1952, or the tax payable under the Estate Tax Act , chapter E-9 of the Revised Statutes of Canada, 1970, on or in respect of other property passing to an Indian. R.S., 1985, c. I-5, s. 87; 2005, c. 9, s. 150; 2012, c. 19, s. 677
Indian Act — I-5 88
General provincial laws applicable to Indians 88 Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act , or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts. R.S., 1985, c. I-5, s. 88; 2005, c. 9, s. 151; 2012, c. 19, s. 678
Indian Act — I-5 89
Restriction on mortgage, seizure, etc., of property on reserve 89 (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band. Exception (1.1) Notwithstanding subsection (1), a leasehold interest in designated lands is subject to charge, pledge, mortgage, attachment, levy, seizure, distress and execution. Conditional sales (2) A person who sells to a band or a member of a band a chattel under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under the agreement notwithstanding that the chattel is situated on a reserve. R.S., 1985, c. I-5, s. 89; R.S., 1985, c. 17 (4th Supp.), s. 12
Indian Act — I-5 90
Property deemed situated on reserve 90 (1) For the purposes of sections 87 and 89, personal property that was (a) purchased by Her Majesty with Indian moneys or moneys appropriated by Parliament for the use and benefit of Indians or bands, or (b) given to Indians or to a band under a treaty or agreement between a band and Her Majesty, shall be deemed always to be situated on a reserve. Restriction on transfer (2) Every transaction purporting to pass title to any property that is by this section deemed to be situated on a reserve, or any interest in such property, is void unless the transaction is entered into with the consent of the Minister or is entered into between members of a band or between the band and a member thereof. Destruction of property (3) Every person who enters into any transaction that is void by virtue of subsection (2) is guilty of an offence, and every person who, without the written consent of the Minister, destroys personal property that is by this section deemed to be situated on a reserve is guilty of an offence. R.S., c. I-6, s. 90
Indian Act — I-5 91
Certain property on a reserve may not be acquired 91 (1) No person may, without the written consent of the Minister, acquire title to any of the following property situated on a reserve, namely, (a) an Indian grave house; (b) a carved grave pole; (c) a totem pole; (d) a carved house post; or (e) a rock embellished with paintings or carvings. Saving (2) Subsection (1) does not apply to chattels referred to therein that are manufactured for sale by Indians. Removal, destruction, etc. (3) No person shall remove, take away, mutilate, disfigure, deface or destroy any chattel referred to in subsection (1) without the written consent of the Minister. Punishment (4) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months. R.S., c. I-6, s. 91