1. This Act may be cited as the Indian Act. 1951, c. 29, s. 1.short title.
1. This Act may be cited as the Indian Act. 1951, c. 29, s. 1.
interpretation.
2. (1) In this Act,
(a) "band" means a body of Indians
(i) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before or after the coming into force of this Act,
(ii) for whose use and benefit in common, moneys are held by Her Majesty, or
(iii) declared by the Governor in Council to be a band for the purposes of this Act;
(b) "child" includes a legally adopted Indian child;
(c) "council of the band" means
(i) in the case of a band to which section 73 applies, the council established pursuant to that section,
(ii) in the cases of a band to which section 73 does not apply, the council chosen according to the custom of the band, or, where there is no council, the chief of the band chosen according to the custom of the band;
(d) "Department" means the Department of Citizenship and Immigration;
(e) "elector" means a person who
(i) is registered on a Band List,
(ii) is of the full age of twenty-one years, and
(iii) is not disqualified from voting at band elections;
(f) "estate" includes real and personal property and any interest in land:
(g) "Indian" means a person who pursuant to this Act is registered as an Indian
or is entitled to be registered as an Indian;
(h) "Indian moneys" means all moneys collected, received or held by Her
Majesty for the use and benefit of Indians or bands;
(i) "intoxicant"includes alcohol, alcoholic, spirituous, vinous, fermented malt or
other intoxicating liquor or combination of liquors and mixed liquor a part of which
is spirituous, vinous, fermented or otherwise intoxicating and all drinks or drinkable
liquids and all preparations or mixtures capable of human consumption that are
intoxicating;
(j) "member of a band" means a person whose name appears on a Band List or
who is entitled to have his name appear on a Band List;
(k) "mentally incompetent Indian" means an Indian who, pursuant to the laws of
the province in which he resides, has been found to be mentally defective or
incompetent for the purposes of any laws of that province providing for the
administration of estates of mentally defective or incompetent persons;
(l) "Minister" means the Minister of Citizenship and Immigration;
(m) "registered" means registered as an Indian in the Indian Register;
(n) "Registrar" means the officer of the Department who is in charge of the
Indian Register;
(o) "reserve" means a tract of land, the legal title to which is vested in Her
Majesty, that has been set apart by Her Majesty for the use and benefit of a band;
(p) "superintendent" includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superintendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve;
(q) "surrendered lands" means a reserve or part of a reserve or any interest
therein, the legal title to which remains vested in Her Majesty, that has been
released or surrendered by the band for whose use and benefit it was set apart.
(2) The expression "band" with reference to a reserve or surrendered lands
means the band for whose use and benefit the reserve or the surrendered lands
were set apart.
(3) Unless the context otherwise requires or this Act otherwise provides
(a) a power conferred upon a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the electors of the band, and
(b) a power conferred upon the council of a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the councillors of the band present at a meeting of the council duly convened. 1951, c. 29, s. 2.
administration.
3. (1) This Act shall be administered by the Minister of Citizenship and
Immigration, who shall be the superintendent general of Indian Affairs.
(2) The Minister may authorize the Deputy Minister of Citizenship and Immigration
or the chief officer in charge of the branch of the Department relating to Indian
affairs to perform and exercise any of the duties, powers and functions that may
be or are required to be performed or exercised by the Minister under this Act or
any other Act of the Parliament of Canada relating to Indian affairs. 1951, c. 29,
s.3.
application of act.
4. (1) This Act does not apply to the race of aborigines commonly referred to as
Eskimos.
(2) The Governor in Council may by proclamation declare that this Act or any
portion thereof, except sections 37 to 41, shall not apply to
(a) any Indians or any group or band of Indians, or
(b) any reserve or any surrendered lands or any part thereof,
and may by proclamation revoke any such declaration. 1951, c. 29, s. 4.
Definition and registration of indians.
5. An Indian Register shall be maintained in the Department, which shall consist
of Band Lists and General Lists and in which shall be recorded the name of every
person who is entitled to be registered as an Indian. 1951, c. 29, s. 5.
6. The name of every person who is a member of a band and is entitled to be registered shall be entered in the Band List for that band, and the name of every person who is not a member of a band and is entitled to be registered shall be entered in a General List. 1951, c. 29, s. 6.
7. (1) The Registrar may at any time add to or delete from a Band List or a
General List the name of any person who, in accordance with the provisions of this
Act, is entitled or not entitled, as the case may be, to have his name included in
that List.
(2) The Indian Register shall indicate the date on which each name was added
thereto or deleted therefrom. 1951, c. 29, s. 7.
8. Upon the coming into force of this Act, the band lists then in existence in the
Department shall constitute the Indian Register, and the applicable lists shall be
posted in a conspicuous place in the superintendent's office that serves the band
or person to whom the list relates and in all other places where band notices are
ordinarily displayed. 1951, c. 29, s. 8.
9. (1) Within six months after a list has been posted in accordance with section
8 or within three months after the name of a person has been added to or deleted
from a Band List or a General List pursuant to section 7
(a) in the case of a Band List, the council of the band, any ten electors of the band, or any three electors if there are less than ten electors in the band,
(b) in the case of a posted portion of a General List, any adult person whose name appears on that posted portion, and
(c) the person whose name was included in or omitted from the list referred to in section 8, or whose name was added to or deleted from a Band List or a General List,
may, by notice in writing to the registrar, containing a brief statement of the grounds therefor, protest the inclusion, omission, addition, or deletion, as the case may be, of the name of that person.
(2) Where a protest is made to the Registrar under this section he shall cause an
investigation to be made into the matter and shall render a decision, and subject
to a reference under subsection (3), the decision of the Registrar is final and
conclusive.
(3) Within three months from the date of a decision of the registrar under this
section
(a) the council of the band affected by the Registrar's decision, or
(b) the person by or in respect of whom the protest was made,
may, by notice in writing, request the Registrar to refer the decision to a judge for review, and thereupon the Registrar shall refer the decision, together with all material considered by the Registrar in making his decision, to the judge of the county or district court of the county or district in which the band is situated or in which the person in respect of whom the protest was made resides, or such other county or district as the Minister may designate, or in the Province of Quebec, to the judge of the Superior Court for the district in which the band is situated or in which the person in respect of whom the protest was made resides, or such other district as the Minister may designate.
(4) The judge of the county, district or Superior Court, as the case may be, shall
inquire into the correctness of the Registrar=s decision, and for such purposes may
exercise all the powers of a commissioner under Part I of the Inquiries Act; the
judge shall decide whether the person in respect of whom the protest was made
is, in accordance with the provisions of this Act, entitled or not entitled, as the case
may be, to have his name included in the Indian Register, and the decision of the
judge is final and conclusive. 1951, c. 29, s. 9.
10. Where the name of a male person is included in, omitted from, added to or
deleted from a Band List or a General List, the names of his wife and his minor
children shall also be included, omitted, added or deleted, as the case may be.
1951, c. 29, s. 10.
11. Subject to section 12, a person is entitled to be registered if that person
(a) on the 26th day of May, 1874, was for the purposes of An Act providing for the organization of the Department of the Secretary of State of Canada, and for the management of Indian and Ordnance Lands, chapter 42 of the statutes of 1868, as amended by section 6 of chapter 6 of the statutes of 1869, and section 8 of chapter 21 of the statutes of 1874, considered to be entitled to hold, use or enjoy the lands and other immovable property belonging to or appropriated to the use of the various tribes, bands or bodies of Indians in Canada;
(b) is a member of a band
(i) for whose use and benefit, in common, lands have been set apart or since the 26th day of May, 1874, have been agreed by treaty to be set apart, or
(ii) that has been declared by the Governor in Council to be a band for the purposes of this Act;
(c) is a male person who is a direct descendant in the male line of a male person described in paragraph (a) or (b);
(d) is the legitimate child of
(i) a male person described in paragraph (a) or (b), or
(ii) a person described in paragraph (c);
(e) is the illegitimate child of a female person described in paragraph (a), (b) or (d) unless the Registrar is satisfied that the father of the child was not an Indian and the Registrar has declared that the child is not entitled to be registered; or
(f) is the wife or widow of a person who is entitled to be registered by virtue of a paragraph (a), (b), (c), (d) or (e).
1951, c. 29, s. 11.
12. (1) The following persons are not entitled to be registered, namely,
(a) a person who
(i) has received or has been allotted half-breed lands or money scrip,
(ii) is a descendant of a person described in subparagraph (i),
(iii) is enfranchised, or
(iv) is a person born of a marriage entered into after the 4th day of September, 1951, and has attained the age of twenty-one years, whose mother and whose father's mother are not persons described in paragraph (a), (b), (d), or entitled to be registered by virtue of paragraph (e) of section 11,
unless, being a woman, that person is the wife or widow or a person described in section 11, and
(b) a woman who is married to a person who is not an Indian.
(2) The Minister may issue to any Indian to whom this Act ceases to apply, a
certificate to that effect. 1951, c. 29, s. 12.
13. (1) Subject to the approval of the Minister, a person whose name appears
on a General List may be admitted into membership of a band with the consent of
the band or the council of the band.
(2) Subject to the approval of the Minister, a member of a band may be admitted
into membership of another band with the consent of the latter band or the council
of that band. 1951, c. 29, s. 13.
14. A woman who is a member of a band ceases to be a member of that
band if she marries a person who is not a member of that band, but if she
marries a member of another band, she thereupon becomes a member of
the band of which her husband is a member. 1951, c. 29, s. 14.
15. (1) Subject to subsection (2), an Indian who becomes enfranchised or who
otherwise ceases to be a member of a band is entitled to receive from Her Majesty
(a) one per capita share of the capital and revenue moneys held by Her Majesty on behalf of the band, and
(b) an amount equal to the amount that in the opinion of the Minister he would have received during the next succeeding twenty years under any treaty then in existence between the band and Her Majesty if he had continued to be a member of the band.
(2) A person is not entitled to receive any amount under subsection (1)
(a) if his name was removed from the Indian register pursuant to a protest made under section 9, or
(b) if he is not entitled to be a member of a band by reason of the application of paragraph (e) of section 11 or subparagraph (iv) of paragraph (a) of section 12.
(3) Where by virtue of this section moneys are payable to a person who is under
the age of twenty-one, the Minister may
(a) pay the moneys to the parent, guardian or other person having the custody of
that person, or
(b) cause payment of the moneys to be withheld until that person reaches the age of twenty-one.
(4) Where the name of a person is removed from the Indian Register and he is
not entitled to any payment under subsection (1), the Minister shall, if he considers
it equitable to do so, authorize payment, out of moneys appropriated by Parliament,
of such compensation as the Minister may determine for any permanent
improvements made by that person on lands in a reserve. 1951, c. 29, s. 15.
16. (1) Section 15 does not apply to a person who ceases to be a member of
one band by reason of his becoming a member of another band by reason of his
becoming a member of another band, but subject to subsection (3), there shall be
transferred to the credit of the latter band the amount to which that person would,
but for this section, have been entitled under section 15.
(2) A person who ceases to be a member of one band by reason of his 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 he 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) Where a woman who is a member of one band becomes a member of
another band by reason of marriage, and the per capita share of the capital and
revenue moneys held by Her Majesty on behalf of the first-mentioned band, there
shall be transferred to the credit of the second-mentioned band an amount equal
to the per capita share held for that band, and the remainder of the money to which
the woman would, but for this section, have been entitled under section 15 shall
be paid to her in such manner and at such times as the Minister may determine.
1951, c. 29, s. 16.
17. (1) The Minister may, whenever he considers it desirable,
(a) constitute new bands and establish Band Lists with respect thereto from existing Band Lists or General Lists, or both, and
(b) amalgamate bands than, by a vote of a majority of their electors, request to
be amalgamated.
(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 Governor in Council determines shall be held for the use
and benefit of the new band. 1951, c. 29, s. 17.
reserves.
18. (1) Subject to the provisions of this Act, reserves shall be 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.
(2) The Governor in Council may authorize the use of lands in a reserve for the
purpose of Indian schools, the administration of Indian affairs, Indian health
projects or 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 such 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. 1951, c. 29, s. 18.
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. 1951, c. 29, s. 19.
possession of lands in reserves.
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.
(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.
(3) For the purposes of this Act, any person who, on the 4th day of September,
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.
(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.
(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.
(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. 1951, c. 29, s. 20.
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. 1951, c. 29, s. 21.
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.
1951, c. 29, s. 22.
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. 1951, c. 29, s. 23.
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. 1951, c. 29, s. 24.
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.
(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. 1951, c. 29, s. 25.
26. Whenever a Certificate of Possession or Occupation 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 and issue a corrected Certificate
in lieu thereof. 1951, c. 29, s. 26.
27. The Minister may, with the consent of the holder thereof, cancel any
Certificate of Possession or Occupation, and may cancel any Certificate of
Possession or Occupation that in his opinion was issued through fraud or in error.
1951, c. 29, s. 27.
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.
(2) The Minister may by permit in writing authorize any person for a period not
exceeding one year, to occupy or use a reserve or to reside or otherwise exercise
rights on a reserve. 1951, c. 29, s. 28.
29. Reserve lands are not subject to seizure under legal process. 1951, c. 29,
s. 29.
trespass on reserves.
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 fine and imprisonment. 1951, c. 29, s.
30.
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 upon
a reserve or part of a reserve, the Attorney General of Canada may exhibit an Information in the Exchequer Court of Canada claiming, on behalf of the Indian or the band, the relief or remedy sought.
(2) An Information exhibited under subsection (1) shall, for all purposes of the
Exchequer Court Act, be deemed to be an action or suit by the Crown within the
meaning of paragraph (d) of section 29 of that Act.
(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. 1951, c. 29, s. 31.
sale or barter of produce.
32. (1) A transaction of any kind whereby a band or a member thereof purports
to sell, barter, exchange, give or otherwise dispose of cattle or other animals, grain
or hay, whether wild or cultivated, or root crops or plants or their products from a
reserve in Manitoba, Saskatchewan or Alberta, to a person other than a member
of that band, is void unless the superintendent approves the transaction in writing.
(2) The Minister may at any time by order exempt a band and the members
thereof or any member thereof from the operation of this section, and may revoke
any such order. 1951, c. 29, s. 32.
33. Every person who enters into a transaction that is void under subsection (1) of section 32 is guilty of an offence. 1951, c. 29, s. 33.
roads and bridges.
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.
(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. 1951, c. 29, s. 34.
lands taken for public purposes.
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.
(2) Unless the Governor in Council otherwise directs, all matters relating to
compulsory taking or using of lands in a reserve under subsection (1) shall be
governed by the statute by which the powers are conferred.
(3) Whenever the Governor in Council has consented to the exercise by a
province, authority or 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.
(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 transfer or grant of land
pursuant to this section shall be paid to the Receiver General of Canada 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). 1951, c. 29, s. 35.
special reserves.
36. Where lands have been set apart for the use and benefit of a band and legal
title thereto is not vested in Her Majesty, this Act applies as though the lands were
a reserve within the meaning of this Act. 1951, c. 29, s. 36.
surrenders.
37. Except where this Act otherwise provides, lands in a reserve shall not be
sold, alienated, leased or otherwise disposed of until they have been surrendered
to Her Majesty by the band for whose use and benefit in common the reserve was
set apart. 1951, c. 29, s. 37.
38. (1) A band may surrender to Her Majesty any right or interest of the band and
its members in a reserve.
(2) A surrender may be absolute or qualified, conditional or unconditional. 1951,
c. 29, s. 38.
39. (1) A 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 at
(i) a general meeting of the band called by the council of the band, or
(ii) a special meeting of the band called by the Minister for the purpose of
considering a proposed surrender, and
(c) it is accepted by the Governor in Council.
(2) Where a majority of the electors of a band did not vote at a meeting called pursuant to subsection (1) of this section or pursuant to section 51 of the Indian Act, chapter 98 of the Revised Statutes of Canada, 1927, the Minister may, if the proposed surrender was assented to by a majority of the electors who did vote, call another meeting by giving thirty days notice thereof .
(3) Where a meeting is called pursuant to subsection (2) and the proposed
surrender is assented to at the meeting by a majority of the members voting, the
surrender shall be deemed, for the purpose of this section, to have been assented
to by a majority of the electors of the band.
(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.
(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.
1951, c. 29, s. 39.
40. When a proposed surrender has been assented to by the band in
accordance with section 39, it 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 shall then be submitted to the Governor in Council for acceptance
or refusal. 1951, c. 29, s. 40.
41. A surrender shall be deemed to confer all rights that are necessary to enable
Her Majesty to carry out the terms of the surrender. 1951, c. 29, s. 41.
descent of property.
42. Unless otherwise provided in 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. 1951, c. 29, s. 42.
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.
1951, c. 29, s. 43.
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 in relation to matters and causes testamentary
upon the Minister by this Act and any other powers, jurisdiction and authority
ordinarily vested in that 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.
(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. 1951, c. 29, s. 44.
wills.
45. (1) Nothing in this Act shall be construed to prevent or prohibit an Indian from
devising or bequeathing his property by 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 .
(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. 1951, c. 29, s. 45.
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.
(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. 1951, c. 29, s. 46.
appeals.
47. (1) 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.
(2) The judges of the Exchequer Court may make rules respecting the practice
and procedure governing appeals under this section. 1951, c. 29, s. 47.
distribution of property on intestacy.
48. (1) Where the net value of the estate of an intestate does not, in the opinion of the Minister, exceed in value two thousand dollars, the estate shall go to the widow.
(2) Where the net value of the estate of an intestate, in the opinion of the
Minister, is two thousand dollars or more, two thousand dollars shall go to the
widow, and the remainder shall go as follows, namely,
(a) if the intestate left no issue, the remainder shall go to the widow,
(b) if the intestate left one child, one-half of the remainder shall go to the widow, and
(c) if the intestate left more than one child, one-third of the remainder shall go to the widow,
and where a child has died leaving issue and such issue is alive at the date of the intestate's death, the widow shall take the same share of the estate as if the child had been living at that date.
(3) Notwithstanding subsections (1) and (2),
(a) where in any particular case the Minister is satisfied that any children of the
deceased will not be adequately provided for, he may direct that all or any part of
the estate that would otherwise go to the widow shall go to the children, and
(b) the Minister may direct that the widow shall have the right, during her
widowhood, to occupy any lands in a reserve that were occupied by her deceased
husband at the time of his death.
(4) Where an intestate dies leaving issue his estate shall be distributed, subject
to the rights of the widow, if any, per stirpes among such issue.
(5) Where an intestate dies leaving no widow or issue, his estate shall go to his
father and mother in equal shares if both are living, but if either of them is dead the
estate shall go to the survivor.
(6) Where an intestate dies leaving no widow or issue or father or mother, his estate shall go to his brothers and sisters in equal shares, and if any brother or sister is dead the children of the deceased brother or sister shall take the share their parent would have taken if living, but where the only persons entitled are children of deceased brothers and sisters, they shall take per capita.
(7) Where an intestate dies leaving no widow, issue, father, mother, brother or
sister, and no children of any deceased brother or sister, his estate shall go to his
next-of-kin.
(8) Where the estate goes to the next-of-kin it shall be distributed equally among
the next-of-kin of equal degree of consanguinity to the intestate and those who
legally represent them, but in no case shall representation be admitted after
brothers' and sisters' children, and any interest in land in a reserve shall vest in Her
Majesty for the benefit of the band if the nearest of kin of the intestate is more
remote than a brother or sister.
(9) For the purposes of this section, degrees of kindred shall be computed by
counting upward from the intestate to the nearest common ancestor and then
downward to the relative, and the kindred of the half-blood shall inherit equally with
those of the whole-blood in the same degree.
(10) Descendants and relatives of the intestate begotten before his death but
born thereafter shall inherit as if they had been born in the lifetime of the intestate
and had survived him.
(11) All such estate as is not disposed of by will shall be distributed as if the
testator had died intestate and had left no other estate.
(12) No widow is entitled to dower in the land of her deceased husband dying
intestate, and no husband is entitled to an estate by courtesy in the land of his
deceased wife so dying, and there is no community of real or personal property
situated in a reserve.
(13) Illegitimate children and their issue shall inherit from the mother as if the
children were legitimate, and shall inherit as if the children were legitimate, through
the mother, if dead, any real or personal property that she would have taken, if
living, by gift, devise or descent from any other person.
(14) Where an instestate, being an illegitimate child, dies leaving no widow or
issue, his estate shall go to his mother, if living, but if the mother is dead his estate
shall go to the other children of the same mother in equal shares, and where any
child is dead the children of the deceased child shall take the share their parent
would have taken if living; but where the only persons entitled are children of
deceased children of the mother, they shall take per capita.
(15) This section applies in respect of an intestate woman as it applies in respect
of an intestate man, and for the purposes of this section "widow" includes
"widower".
(16) In this section "child" includes a legally adopted child. 1951, c. 29, s. 48.
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 that land until the possession is approved by the Minister. 1951, c.
29, s. 49.
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.
(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.
(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 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.
(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. 1951, c. 29, s. 50.
mentally incompetent indians.
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.
(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.
(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. 1951, c. 29, s. 51.
guardianship.
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. 1951, c. 29, s. 52.
management of reserves and surrendered and designated lands.
53. (1) The Minister or a person appointed by the Minister for the purpose may
manage, sell, lease or otherwise dispose of surrendered lands in accordance with
this Act and the terms of the surrender.
(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, upon receipt of proof in such manner as he directs and requires in
support of any claim for the grant and upon being satisfied that the claim has been
equitably and justly established, allow the claim and authorize a grant to issue
accordingly.
(3) No person who is appointed to manage, sell, lease or otherwise dispose of
surrendered lands or who is an officer or 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 surrendered lands. 1951, c. 29, s. 53.
54. Where surrendered lands have been agreed to be sold or otherwise
disposed of and Letters Patent relating thereto have not issued, or where
surrendered lands have been leased, the purchaser, lessee or other person having
an interest in the surrendered lands may, with the approval of the Minister, assign
his interest in the surrendered lands or a part thereof to any other person. 1951,
c. 29, s. 54.
55. (1) There shall be kept in the Department a register, to be known as the
Surrendered Lands Register, in which shall be entered particulars in connection
with any lease or other disposition of surrendered lands or a part thereof to any
other person.
(2) A conditional assignment shall not be registered .
(3) Registration of an assignment may be refused until proof of its execution has
been furnished.
(4) An assignment registered under this section is valid against an unregistered
assignment or an assignment subsequently registered. 1951, c. 29, s. 55.
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. 1951, c. 29,
s. 56.
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 penalty not exceeding one hundred dollars or imprisonment for a term of three months or both fine and imprisonment that may be imposed on summary conviction for violation of any regulation made under this section; and
(e) providing for the seizure and forfeiture of any timber or minerals taken in violation of any regulation made under this section. 1951, c. 29, s. 57.
58. (1) Where land in a reserve is uncultivated or unused for a period of two
years, the Minister may, with the consent of the council of the band,
(a) improve or cultivate that land and employ persons therefor, authorize and direct the expenditure of so much 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 such land for agricultural or grazing purposes or for any purpose that is for the benefit of the person in possession, and
(c) where the land is not in the lawful possession of any individual, grant for the benefit of the band a lease of such land for agricultural or grazing purposes.
(2) Out of the proceeds derived from the improvement or cultivation of lands
pursuant to paragraph (b) of subsection (1), 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
such improvements from the rent payable to the individual under this subsection.
(3) The Minister may lease for the benefit of any Indian upon his application for
that purpose, the land of which the Indian is lawfully in possession without the land
being surrendered.
(4) Notwithstanding anything in this Act, the Minister may, without a surrender
(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 upon or under lands in a reserve, or, where such 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 upon or under lands in a reserve, renewable only with the consent of the council of the band, and the proceeds of such transactions 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. 1951, c. 29, s. 58.
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 sale, lease or other disposition of surrendered lands or a lease or other disposition of 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. 1951, c. 29, s. 59.
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.
(2) The Governor in Council may at any time withdraw from a band a right
conferred on the band under subsection (1). 1951, c. 29, s. 60.
management of indian moneys.
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.
(2) Interest upon 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. 1951,
c. 29, s. 61.
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. 1951, c. 29, s. 62.
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. 1951, c. 29,
s. 63.
64. 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 the 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) for any other purpose that in the opinion of the Minister is for the benefit of the band, 1951, c. 29, s. 64.
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. 1951, c. 29, s. 65.
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 his opinion will
promote the general progress and welfare of the band or any member of the band.
(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 and to provide for the
burial of deceased indigent members of the band.
(3) The Governor in Council 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. 1951, c. 29, s. 66.
67. (1) Where the Minister is satisfied that a male Indian
(a) has deserted his wife or family without sufficient cause,
(b) has conducted himself in such a manner as to justify the refusal of his wife or family to live with him, or
(c) has been separated by imprisonment from his wife and family,
he may order that payments of any annuity or interest money to which that Indian is entitled shall be applied to the support of the wife or family or both the wife and family of that Indian.
(2) Where the Minister is satisfied that a female Indian has deserted her husband
or family, he may order that payments of any annuity or interest money to which
that Indian is entitled shall be applied to the support of her family.
(3) Where the Minister is satisfied that one or both of the parents of an
illegitimate child is an Indian, he may stop payments out of any annuity or interest
moneys to which either or both of the parents would otherwise be entitled and
apply the moneys to the support of the child, but not so as to prejudice the welfare
of any legitimate child of either Indian. 1951, c. 29, s. 67.
68. (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.
(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. 1951, c. 29, s. 68.
loans to indians.
69. (1) The Minister of Finance may from time to time advance to the Minister out
of the Consolidated Revenue Fund 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
(b) to expend or to lend money for the carrying out of cooperative projects on behalf of Indians; or
(2) The Governor in Council may make regulations to give effect to subsection
(1).
(3) Expenditures that are made under subsection (1) shall be accounted for in the
same manner as public moneys.
(4) The Minister shall pay to the Minister of Finance all moneys that he receives
from bands, groups of Indians or individual Indians by way of repayments of loans
made under subsection (1).
(5) The total amount of outstanding advances to the Minister under this section
shall not at any one time exceed three hundred and fifty thousand dollars.
(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. 1951,
c. 29, s. 69.
farms.
70. (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.
(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 such profits in any way that he considers
to be desirable to promote the progress and development of the Indians. 1951, c.
29, s. 70.
treaty money.
71. Moneys that are payable to Indians or to Indian bands under a treaty
between Her Majesty and the band and for the payment of which the Government
of Canada is responsible, may be paid out of the Consolidated Revenue Fund.
1951, c. 29, s. 71.
regulations.
72. (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, and
(l) for the construction and maintenance of boundary fences.
(2) The Governor in Council may prescribe the penalty, not exceeding a fine of
one hundred dollars or imprisonment for a term not exceeding three months or both
fine and imprisonment, that may be imposed on summary conviction for violation
of a regulation made under subsection (1).
(3) The Governor in Council may make orders and regulations to carry out the
purposes and provisions of this Act. 1951, c. 29, s. 72.
elections of chiefs and band councils.
73. (1) Whenever he deems it advisable for the good government of a band, the
Governor in Council 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.
(2) 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.
(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,
(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,
(c) that a reserve shall for voting purposes be divided into not more than six electoral sections containing as nearly as may be an equal number of Indians eligible to vote, and
(d) for the manner in which electoral sections established under paragraph (c) shall be distinguished or identified.
(4) Where the Minister is satisfied that a majority of the electors of a band do not
desire to have the reserve divided into electoral sections and reports to the
Governor in Council accordingly, the Governor in Council may order that the
reserve shall for voting purposes consists of one electoral section. 1951, c. 29, s.
73.
74. (1) No person other than an elector who resides in a section may be
nominated for the office of councillor to represent that section on the council of the
band.
(2) No person may be a candidate for election as chief or councillor unless his
nomination is moved and seconded by persons who are themselves eligible to be
nominated. 1951, c. 29, s. 74.
75. (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.
(2) The regulations made under paragraph (c) of subsection (1) shall make
provision for secrecy of voting. 1951, c. 29, s. 75.
76. (1) A member of a band who is of the full age of twenty-one 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.
(2) A member of a band who is of the full age of twenty-one 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.
1951, c. 29, s. 76.
77. (1) Subject to this section, chiefs and councillors hold office for two years.
(2) The office of chief or councillor 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.
(3) The Minister may declare a person who ceases to hold office by virtue of
subparagraph (iii) of paragraph (b) of subsection (2) to be ineligible to be a
candidate for chief or councillor of a band for a period not exceeding six years.
(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. 1951,
c. 29, s. 77.
78. The Governor in Council may set aside the election of a chief or a councillor 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 violation 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. 1951, c. 29, s. 78.
79. 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 meeting to constitute a quorum. 1951, c. 29, s. 79.
powers of the council.
80. The council of a band may make by-laws not inconsistent with this Act or
with any regulation made by the Governor in Council or the Minister, for any or all
of the following purposes, namely:
(a) to provide for the health of residents on the reserve and to prevent the spreading of contagious and infectious diseases;
(b) the regulation of traffic;
(c) the observance of law and order;
(d) the prevention of disorderly conduct and nuisances;
(e) the protection against and prevention of trespass by cattle and other domestic animals, the establishment of pounds, the appointment of poundkeepers, the regulation of their duties and the provision for fees and charges for their services;
(f) the construction and maintenance of water courses, roads, bridges, ditches, fences and other local works;
(g) the dividing of the reserve or a portion thereof into zones and the prohibition of the construction or maintenance of any class of buildings or the carrying on of any class of business, trade or calling in any zone;
(h) the regulation of the construction, repair and use of buildings, whether owned by the band or by individual members of the band;
(i) the survey and allotment of reserve lands among the members of the band and the establishment of a register of Certificates of Possession and Certificates of Occupation relating to allotments and the setting apart of reserve lands for common use, if authority therefor has been granted under section 60;
(j) the destruction and control of noxious weeds;
(k) the regulation of beekeeping and poultry raising;
(l) the construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies;
(m) the control and prohibition of public games, sports, races, athletic contests and other amusements;
(n) the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise;
(o) the preservation, protection and management of fur-bearing animals, fish and other game on the reserve;
(p) the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prescribed purposes;
(q) with respect to any matter arising out of or ancillary to the exercise of powers under this section; and
(r) the imposition on summary conviction of a fine not exceeding one hundred dollars or imprisonment for a term not exceeding thirty days or both fine and imprisonment for violation of a by-law made under this section. 1951, c. 29, s. 80.
81. (1) A copy of every by-law made under the authority of section 80 shall be
forwarded by mail by the chief or a member of the council of the band to the
Minister within four days after it is made.
(2) A by-law made under section 80 shall come into force forty days after a copy
thereof is forwarded to the Minister pursuant to subsection (1), unless it is
disallowed by the Minister within that period, but the Minister may declare the by-law to be in force at any time before the expiration of that period. 1951, c. 29, s.
81
82. (1) Without prejudice to the powers conferred by section 80, where the
Governor in Council declares that a band has reached an advanced stage of
development, the council of the band may, subject to the approval of the Minister,
make by-laws for any or all of the following purposes, namely:
(a) the raising of money by
(i) the assessment and taxation of interests in land in the reserve of person lawfully in possession thereof, and
(ii) 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 imposition of a penalty for non-payment of taxes imposed pursuant to this section, recoverable on summary conviction, not exceeding the amount of the tax or the amount remaining unpaid; and
(f) with respect to any matter arising out of or ancillary to the exercise of powers under this section.
(2) No expenditure shall be made out of moneys raised pursuant to paragraph (a)
of subsection (1) except under the authority of a by-law of the council of the band.
1951, c. 29, s. 82.
83. Where a tax that is imposed upon an Indian by or under the authority of a by-law made under section 82 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.
1951, c. 29, s. 83.
84. The Governor in Council may revoke a declaration made under section 82
whereupon that section shall no longer apply to the band to which it formerly
applied, but any by-law made under the authority of that section and in force at the
time the declaration is revoked shall be deemed to continue in force until it is
revoked by the Governor in Council. 1951, c. 29, s. 84
85. A copy of a by-law made by the council of a band under this Act, if it is
certified to be a true copy by the superintendent, is prima facie evidence that the
by-law was duly made by the council and approved by the Minister, without proof
of the signature or official character of the superintendent, and no such bylaw is
invalid by reason of any defect in form. 1951, c. 29, s. 85.
taxation.
86. (1) Notwithstanding any other Act of Parliament of Canada or any Act of the
legislature of a province, but subject to subsection (2) and to section 82, the
following property is exempt from taxation, namely,
(a) the interest of an Indian or a band in reserve lands or surrendered lands; and
(b) the personal property of an Indian or band situated on a reserve.
and no Indian or band is subject ot taxation in respect of the ownership, occupation, possession or use of any property mentioned in paragraph (a) or (b) or is otherwise subject to taxation in respect of any such property; and no succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property 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 on or in respect of other property passing to an Indian.
(2) Subsection (1) does not apply to or in respect of the personal property of an
Indian who has executed a waiver under the provisions of paragraph (e) of
subsection (2) of section 14 of the Canada Elections Act. 1951, c. 29, s. 86.
legal rights.
87. Subject to the terms of any treaty and any other Act of the Parliament of
Canada, 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
such laws are inconsistent with this Act or any order, rule, regulation or by-law
made thereunder, and except to the extent that such laws make provision for any
matter for which provision is made by or under this Act. 1951, c. 29, s. 87.
88. (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.
(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. 1951, c. 29, s. 88.
89. (1) For the purposes of sections 86 and 88, 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.
(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.
(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. 1951, c. 29, s. 89.
trading with indians.
90. (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.
(2) Subsection (1) does not apply to chattels referred to therein that are
manufactured for sale by Indians.
(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.
(4) A person who violates 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. 1951, c. 29, s. 90.
91. (1) No person who is
(a) an officer or employee in the Department,
(b) a missionary engaged in mission work among Indians, or
(c) a school teacher on a reserve,
shall, without a licence from the Minister or his duly authorized representative, trade for profit with an Indian or sell to him directly or indirectly goods or chattels, but no such licence shall be issued to a full-time officer or employee in the Department.
(2) The Minister or his duly authorized representative may at any time cancel a
licence issued under this section.
(3) A person who violates subsection (1) is guilty of an offence and is liable on
summary conviction to a fine not exceeding five hundred dollars.
(4) Without prejudice to subsection (3), an officer or employee in the Department
who contravenes subsection (1) may be dismissed from office. 1951, c. 29, s. 91.
penalties.
92. A person who, without the written permission of the Minister or his duly
authorized representative,
(a) removes 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. 1951, c. 29, s. 92.
93. A person who directly or indirectly by himself or by any other person on his behalf knowingly
(a) sells, barters, supplies or gives an intoxicant to
(i) any person on a reserve, or
(ii) an Indian outside a reserve,
(b) opens or keeps or causes to be opened or kept on a reserve a dwelling house, building, tent, or place in which intoxicants are sold, supplied or given to any person, or
(c) makes or manufactures intoxicants on a reserve,
is guilty of an offence and is liable on summary conviction to a fine of not less than fifty dollars and not more than three hundred dollars or to imprisonment for a term of not less than one month and not more than six months, with or without hard labour, or to both fine and imprisonment. 1951, c. 29, s. 93.
94. An Indian who
(a) has intoxicants in his possession,
(b) is intoxicated, or
(c) makes or manufactures intoxicants
off a reserve, is guilty of an offence and is liable on summary conviction to a fine of not less than ten dollars and not more than fifty dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment. 1951, c. 29, s. 94.
95. (1) No offence is committed against subparagraph (ii) of paragraph (a) of
section 93 or paragraph (a) of section 94 if intoxicants are sold to an Indian for
consumption in a public place in accordance with a law of the province where the
sale takes place authorizing the sale of intoxicants to a person for consumption in
a public place.
(2) This section shall not come into force in any province until a proclamation
bringing it into force in the province is issued by the Governor in Council at the
request of the Lieutenant-Governor in Council of the province. 1951, c. 29, s. 95.
96. A person who is found
(a) with intoxicants in his possession, or
(b) intoxicated
on a reserve, is guilty of an offence and is liable on summary conviction to a fine of not less than ten dollars and not more than fifty dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment. 1951, c. 29, s. 96.
97. The provisions of this Act relating to intoxicants do not apply where the
intoxicant is used or is intended to be used in cases of sickness or accident. 1951,
c. 29, s. 97.
98. In any prosecution under this Act the burden of proof that an intoxicant was
used or was intended to be used in a case of sickness or accident is upon the
accused. 1951, c. 29, s. 98.
99. 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 prima facie 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. 1951, c. 29, s. 99.
100. 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 fine and imprisonment. 1951, c.
29, s. 100.
101. (1) Whenever a peace officer or a superintendent or a person authorized
by the Minister believes on reasonable grounds that an offence against section 33,
89, 93, 94 or 96 has been committed, he may seize all goods and chattels by
means of or in relation to which he reasonably believes the offence was committed.
(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 under this Act in respect of the offence, are undertaken, in which case the goods and chattels may be further detained until the proceedings are finally concluded.
(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. 1951, c. 29, s. 101.
102. Every fine, penalty or forfeiture imposed under this Act belongs to Her
Majesty for the benefit of the band with respect to which or to one or more
members of which the offence was committed or to which the offender, if an Indian,
belongs, but the Governor in Council may from time to time direct that the fine,
penalty or forfeiture 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. 1951, c. 29, s. 102.
103. In any order, writ, warrant, summons or proceedings issued under this Act
it is sufficient if the name of the person or Indian referred to therein is the name
given to, or the name by which the person or Indian is known by, the person who
issues the order, writ, warrant, summons or proceedings, and if not part of the
name of the person is given to or known by the person issuing the order, writ,
warrant, summons or proceedings, it is sufficient if the person or Indian is
described in any manner by which he may be identified. 1951, c. 29, s. 103.
104. A police magistrate or a stipendiary magistrate has and may exercise, 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. 1951,
c. 29, s. 104.
105. The Governor in Council may appoint persons to be, for the purposes of
this Act, justices of the peace and those persons have and may exercise the
powers and authority of two justices of the peace with regard to
(a) offences under this Act,
(b) offences under the Criminal Code with respect to inciting Indians on reserves to commit riotous acts, and robbing of Indian graves, and
(c) any offence against the provisions of 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. 1951, c. 29, s. 105.
106. Where, immediately prior to the 4th day of September, 1951, an Indian
agent was ex officio a justice of the peace under the Indian Act, chapter 98 of the
Revised Statutes of Canada, 1927, he shall be deemed, for the purposes of this
Act, to have been appointed under section 105, and he may exercise the powers
and authority conferred by that section until his appointment is revoked by the
Minister. 1951, c. 29, s. 106.
107. 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, Deputy Minister and the chief officer in charge of the branch of the Department relating to Indian affairs
are ex officio commissioners for the taking of oaths. 1951, c. 29, s. 107.
enfranchisement.
108. (1) On the report of the Minister than an Indian has applied for
enfranchisement and that in his opinion the Indian
(a) is of the full age of twenty-one years,
(b) is capable of assuming the duties and responsibilities of citizenship, and
(c) when enfranchised, will be capable of supporting himself and his dependants,
the Governor in Council may by order declare that the Indian and his wife and minor unmarried children are enfranchised.
(2) On the report of the Minister that an Indian woman married a person who is
not an Indian, the Governor in Council may by order declare that the woman is
enfranchised as of the date of her marriage.
(3) Where, in the opinion of the Minster, the wife of an Indian is living apart from
her husband, the names of his wife and his minor children who are living with the
wife shall not be included in an order under subsection (1) that enfranchises the
Indian unless the wife has applied for enfranchisement, but where the Governor
in Council is satisfied that such wife is no longer living apart from her husband, the
Governor in Council may by order declare that the wife and the minor children are
enfranchised.
(4) A person is not enfranchised unless his name appears in an order of
enfranchisement made by the Governor in Council. 1951, c. 29, s. 108.
109. A person with respect to whom an order for enfranchisement is made under
section 108 shall, from the date thereof, be deemed not to be an Indian within the
meaning of this Act or any other statute or law. 1951, c. 29, s. 109.
110. (1) Upon the issue of an order of enfranchisement, any interest in land and
improvements on an Indian reserve of which the enfranchised Indian was in lawful
possession or over which he exercised rights of ownership, at the time of his
enfranchisement, may be disposed of by him by gift or private sale to the band or
another member of the band, but is not so disposed of within thirty days after the
date of the order of enfranchisement such land and improvements shall be offered
for sale by tender by the superintendent and sold to the highest bidder and the
proceeds of such sale paid to him; and if no bid is received and the property
remains unsold after six months from the date of such offering, the land, together
with improvements, shall revert to the band free from any interest of the
enfranchised person therein, subject to the payment, at the discretion of the
Minister, to the enfranchised Indian, from the funds of the band, of such
compensation for permanent improvements as the Minister may determine.
(2) When an order of enfranchisement issues or has issued, the
Governor in Council may, with the consent of the council of the band, by
order declare that any lands within a reserve of which the enfranchised
Indian had formerly been in lawful possession shall cease to be Indian reserve
lands.
(3) When an order has been made under subsection (2), the enfranchised Indian is entitled to occupy such lands for a period of ten years from the date of his enfranchisement, and the enfranchised Indian shall pay to the funds of the band, or there shall, out of any money payable to the enfranchised Indian under this Act, be transferred to the funds of the band, such amount per acre for the lands as the Minister considers to be the value of the common interest of the band in the lands.
(4) At the end of the ten-year period referred to in subsection (3) the Minister shall cause a grant of the lands to be made to the enfranchised Indian or to his legal representatives. 1951, c. 29, s. 110.
111. (1) Where the Minister reports that a band has applied for enfranchisement,
and has submitted a plan for the disposal or division of the funds of the band and
the lands in the reserve, and in his opinion the band is capable of managing its own
affairs as a municipality or part of a municipality, the Governor in Council may by
order approve the plan, declare that all the members of the band are enfranchised,
either as of the date of the order or such later date as may be fixed in the order,
and may make regulations for carrying the plan and the provisions of this section
into effect.
(2) An order for enfranchisement may not be made under subsection (1) unless
more than fifty per cent of the electors of the band signify, at a meeting of the band
called for the purpose, their willingness to become enfranchised under this section,
and their approval of the plan.
(3) The Governor in Council may, for the purpose of giving effect to this section,
authorize the Minister to tender into an agreement with a province or a municipality,
or both, upon such terms as may be agreed upon by the Minister and the province
or municipality, or both.
(4) Without restricting the generality of subsection (3), an agreement made
thereunder may provide for financial assistance to be given to the province or the
municipality or both to assist in the support of indigent, infirm or aged persons to
whom the agreement applies, and such financial assistance, or any part thereof,
shall, if the Minster so directs, be paid out of moneys of the band, and any such
financial assistance not paid out of moneys of the band shall be paid out of moneys
appropriated by Parliament. 1951, c. 29, s. 111.
112. (1) The Minister may appoint a committee to inquire into and report upon
the desirability of enfranchising within the meaning of this Act an Indian or a band,
whether or not the Indian or the band has applied for enfranchisement.
(2) A committee appointed under subsection (1) shall consist of
(a) a judge or retired judge of a superior, surrogate, district or county court,
(b) an officer of the Department, and
(c) a member of the band to be appointed by the council of the band, but if no appointment is made by the council of the band within thirty days after a request therefor is sent by the Minster to the band, a member of the band appointed by the Minister.
(3) Where the committee or a majority thereof reports
(a) in the case of an Indian, that in its opinion the Indian is qualified under paragraphs (a), (b) and (c) of subsection (1) of section 108 to be enfranchised,
(b) in the case of a band, that in the opinion of the committee the band is capable of managing its own affairs as a municipality or part of a municipality, and the committee has submitted a plan for the disposal or division of the funds of the band and the lands in the reserve, and
(c) that it is desirable that the Indian or the band, as the case may be, should be enfranchised,
the report, if approved by the Minister, shall be deemed to be an application for enfranchisement by the Indian or by the band and shall be dealt with as such in accordance with this Act, except that, in the case of a band, the provisions of subsection (2) of section 111 are not applicable.
(4) An Indian or the members of a band shall not be enfranchised under this
section contrary to the terms of any treaty, agreement or undertaking between a
band and Her Majesty that is applicable. 1951, c. 29, s. 112.
schools.
113. The Governor in Council may authorize the Minister, in accordance with this
Act,
(a) to establish, operate and maintain schools for Indian children,
(b) to enter into agreements on behalf of Her Majesty for the education in accordance with this Act of Indian children, with
(i) the government of a province,
(ii) the council of the Northwest Territories,
(iii) the council of the of the Yukon Territory,
(iv) a public or separate school board, and
(v) a religious or charitable organization.
1951, c. 29, s. 113.
114. 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,
(b) provide for the transportation of children to and from school,
(c) enter into agreements with religious organizations for the support and maintenance of children who are being educated in schools operated by those organizations, and
(d) apply the whole or any part of moneys that would otherwise be payable to or on behalf of a child who is attending a residential school to the maintenance of that child at that school. 1951, c. 29, s. 114.
115. (1) Subject to section 116, every Indian child who has attained the age of
seven years shall attend school.
(2) The Minister may
(a) permit an Indian who has attained the age of six years to attend school,
(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, and
(c) require an Indian who becomes sixteen years of age to attend school for such further period as the Minister considers advisable, but no Indian shall be required to attend school after he becomes eighteen years of age. 1951, c. 29, s. 115.
116. 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,
(b) has passed entrance examinations for high school,
(c) is, with the permission in writing of the superintendent, absent from school for a period not exceeding six weeks in each term for the purpose of assisting in husbandry or urgent and necessary household duties,
(d) is under efficient instruction at home or elsewhere, within one year after the written approval by the Minister of such instruction, or
(e) is unable to attend school because there is insufficient accommodation in the school that the child is entitled or directed to attend. 1951, c. 29, s. 116.
117. Every Indian child who is required to attend school shall attend such school
as the Minister may designate, but no child whose parent is a Protestant shall be
assigned to a school conducted under Roman Catholic auspices and no child
whose parent is a Roman Catholic shall be assigned to a school conducted under
Protestant auspices, except by written direction of the parent. 1951, c. 29, s. 117.
118. (1) The Minister may appoint persons, to be called truant officers, to
enforce the attendance of Indian children at school, and for that purpose a truant
officer has the powers of a peace officer.
(2) Without restricting the generality of subsection (1), a truant officer may
(a) enter any place where he believes, on reasonable grounds, that there are Indian children who are between the ages of seven and sixteen years of age, or who are required by the Minister to attend school,
(b) investigate any case of truancy, and
(c) serve written notice on the parent, guardian or other person having the care or legal custody of a child to cause the child to attend school regularly thereafter.
(3) Where a notice has been served in accordance with paragraph (c) of
subsection (2) with respect to a child who is required by this Act to attend school,
and the child does not within three days after the service of notice attend school
and continue to attend school regularly thereafter, the person upon whom the
notice was served is guilty of an offence and liable on summary conviction to a fine
of not more than five dollars or to imprisonment for a term not exceeding ten days
or to fine and imprisonment.
(4) Where a person has been served with a notice in accordance with paragraph
(c) of subsection (2), it is not necessary within a period of twelve months thereafter
to serve that person with any other notice in respect of further non-compliance with
the provisions of this Act, and whenever such person within the period of twelve
months fails to cause the child with respect to whom the notice was served or any
other child of whom he has charge or control to attend school and continue in
regular attendance as required by this Act, such person is guilty of an offence and
liable to the penalties imposed by subsection (3) as if he had been served with the
notice.
(5) A child who is habitually late for school shall be deemed to be absent from
school.
(6) A truant officer may take into custody a child whom he believes on reasonable
grounds to be absent from school contrary to this Act and may convey the child to
school, using as much force as the circumstances require. 1951, c. 29, s. 118.
120. (1) Where the majority of the members of a band belongs to one religious
denomination, the school established on the reserve that has been set apart for the
use and benefit of that band shall be taught by a teacher of that denomination.
(2) Where the majority of the members of a band are not members of the same
religious denomination and the band by a majority vote of those electors of the
band who were present at a meeting called for the purpose requests that day
schools on the reserve should be taught by a teacher belonging to a particular
religious denomination, the school on that reserve shall be taught by a teacher of
that denomination. 1951, c. 29, s. 120.
121. A Protestant or Roman Catholic minority of any band may, with the
approval of and under regulations to be made by the Minister, have a separate day
school or day school classroom established on the reserve unless, in the opinion
of the Governor in Council, the number of children of school age does not so
warrant.
1951, c. 29, s. 121.
122. In sections 113 to 121,
(a) "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,
(b) "school" includes a day school, technical school, high school and residential
school, and
(c) "truant officer" includes
(i) a member of the Royal Canadian Mounted Police,
(ii) a special constable appointed for police duty on a reserve, and
(iii) a school teacher and a chief of the band, when authorized by the Superintendent. 1951, c. 29, s. 122.
prior grants.
123. Where, prior to the 4th day of September, 1951,
(a) a reserve or portion of a reserve was released or surrendered to the Crown pursuant to Part I of the Indian Act, chapter 98 of the Revised Statutes of Canada, 1927, or pursuant to the provisions of the statutes relating to the release or surrender of reserves in force at the time of the release or surrender,
(b) Letters Patent under the Great Seal of Canada were issued purporting to grant a reserve or portion of a reserve so released or surrendered, or any interest
therein, to any person, and
(c) the Letters Patent have not been declared void or inoperative by any Court of competent jurisdiction,
the Letters Patent shall, for all purposes, be deemed to have been issued at the date thereof under the direction of the Governor in Council. 1951, c. 29, s. 124.
edmond cloutier, c.m.g., o.a., d.s.p.
queen=s printer and controller of stationery
ottawa, 1952