Chap. 35.

An Act to amend the Indian Act.

[Assented to 12th June, 1914.]

His Majesty, by and with the consent of the Senate and House of Commons of Canada, enacts as follows:-

1. Section 10 of the Indian Act, chapter 81 of the Revised Statutes of Canada, 1906, is repealed and the following is substituted therefor:-

"10. The Governor in Council may establish an industrial school or a boarding school for Indians, or may declare any school or institution where children are provided with board and lodging as well as instruction, and with the managing authorities of which the Superintendent General has made an agreement for the admission of an Indian child or children, and for the inspection of the school or institution, to be an industrial school or boarding school for the purposes of this and the next following section."

2. The following section is inserted in the said Act immediately after section 11:-

"11A. The Governor in Council may take the land of an Indian held under location ticket or otherwise, for school purposes, upon payment to such Indian of the compensation agreed upon, or in case of disagreement such compensation as may be determined in such manner as the Superintendent General may direct."

3. Subsection 3 of section 16, of the said Act is amended by striking out the words "Indian Commissioner or in his absence the Assistant Indian Commissioner" in the second and third lines thereof and substituting therefor the words "Superintendent General."

4. Subsection 4 of section 16 of the said Act is amended by inserting the words "wife and" after the words "the" in the first line thereof.

5. The following section is inserted in the said Act immediately after section 27:-

"27A. The Superintendent General may appoint a person or persons to administer the estate of any deceased Indian and may make such general regulations and such orders in particular cases as he deems necessary to secure the satisfactory administration of such estates."

6. Section 92 of the said Act is amended by adding thereto the following:-

"(e) Make such regulations as he deems necessary for the prevention or mitigation of disease; the frequent and effectual cleansing of streets, yards and premises; the removal of nuisances and unsanitary conditions; the cleansing, purifying, ventilating and disinfecting or premises by the owners and occupiers or other persons having the care or ordering thereof; the supplying of such medical aid, medicine and other articles and accommodation as the Superintendent General may deem necessary for preventing or mitigating an outbreak of any communicable disease; entering and inspecting any premises used for human habitation in any locality in which conditions exist which in the opinion of the Superintendent General are unsanitary, or such as to render the inhabitants specially liable to disease, and for directing the alteration or destruction of any such building which is, in the opinion of the Superintendent General, unfit for human habitation; preventing the overcrowding of premises used for human habitation by limiting the number of dwellers in such premises; preventing and regulating the departure of persons from, and the access of persons to, infected localities; preventing persons or conveyances from passing from one locality to another; detaining persons or conveyances who or which have been exposed to infection for inspection or disinfection until the danger or infection is past; the removal or keeping under surveillance or persons living in infected localities; and any other matter which, in the opinion of the Superintendent General, the general health of the Indians of any locality may require.

"2. In the event of any conflict between any regulation made by the Superintendent General and any rule or regulation made by any band, the regulations made by the Superintendent general shall prevail."

7. Section 105 of the said Act is amended by adding the following subsection thereto:-

"5. No Indian or non-treaty Indian in the provinces of Manitoba, British Columbia, Saskatchewan or Alberta, or in the Territories, shall without the written consent of the Indian Agent, sell, barter, exchange or give to any person or Indian other than an Indian of such band, or kill or destroy any animal or the progeny thereof given to him or to the band under treaty stipulations, or loaned or conditionally given to him or to the band by the Government. Any Indian who violates any of the provisions of this subsection shall be liable on summary conviction to a penalty, not exceeding twenty-five dollars with costs of prosecution or to imprisonment not exceeding two months, or to both fine and imprisonment."

8. Section 149 of the said Act is amended by adding the following subsection thereto:-

"2. Any Indian in the province of Manitoba, British Columbia, Saskatchewan or Alberta, or in the Territories who participates in any Indian dance outside the bounds of his own reserve, or who participates in any show, exhibition, performance, stampede or pageant in aboriginal costume without the consent of the Superintendent general of Indian Affairs or his authorized Agent, and any person who induces or employs any Indian to take part in such dance, show, exhibition, performance, stampede or pageant, or induces any Indian to leave his reserve or employs any Indian for such a purpose, whether the dance, show, exhibition, stampede or pageant has taken place or not, shall on summary conviction be liable to a penalty not exceeding twenty-five dollars, or to imprisonment for one month, or to both penalty and imprisonment."

9. Paragraph (a) of section 135 of the French version of the said Act is amended by inserting after the words "dans les traites" in the second line thereof the following words:-

"ou a quelque personne, du sexe masculin ou feminin, qui est reputee appartenir a la bande particuliere, ou qui vit a la mode des sauvages, ou a quelque enfant de cette personne."