INDIAN ACT AND WHAT IT MEANS UNION OF BRITISH COLUMBIA INDIAN CHIEFS 200 - 73 Water Street, Vancouver, B.C. V6B 1A1 Telephone: (604) 684-0231 Fax: (604) 684-5726 UNION OF B.C. INDIAN CHIEFS THE INDIAN ACT AND WHAT IT MEANS THE LAW HADE POSSIBLE BY A GRANT FROM FOUNDATION OF BRITISH COLUMBIA The Indian Act and What it means was interpreted by Nancy Sandy, UBC Native Law Student on contract by the Union of B.C. Indian Chiefs Typed, printed and bound by Ms. Halie Bruce, Union of B.C. Indian Chiefs Copyright 1988 KE The Indian Act 7704 and what it [.a42] means / Union of 1988 British Columbia U55 c.2 Indian COPYRIGHT 1988 First Edition December 1988 UNION OF B.C. INDIAN CHIEFS 200 - 73 Water Street Vancouver, BC V6B 1A1 Telephone: (604) 684-0231 FAX: (604) 684-5726 THE INDIAN ACT AND WHAT IT MEANS No part of this book may be reproduced or transmitted in any form by any means, electronically or mechanically, including photocopying and recording, or by any information storage or retrieval system, without written consent of the Union of B.C. Indian Chiefs. THE INDIAN ACT AND WHAT IT MEANS INDEX SUBJECT SECTION PAGE ADMINISTRATION 3 (1) 6 APPLICATION OF ACT 4 (1) 7 DEFINITION AND REGISTRATION OF INDIANS 5 (1) - 14 Indian Register 5 (1) - 7 (3) 12 - 17 Band Lists 8 - 13 18 - 29 Notice of Band Lists 14 (1) - 14 (3) 30 Inquiries 14.1 31 Protests 14.2 - 14.3 31 - 35 Payments in Respect of Persons Ceasing to be Band Members 15 - 16 36 - 37 New Bands 17 37 - 38 RESERVES 18 - 19 38 - 40 POSSESSION OF LANDS IN RESERVES 20 - 29 40 - 46 TRESPASS ON RESERVES 30 - 31 47 - 48 SALE OR BARTER OF PRODUCE 32 - 33 48 - 49 ROADS AND BRIDGES 34 49 - 50 LANDS TAKEN FOR PUBLIC PURPOSES 35 50 - 51 SPECIAL RESERVES 36 52 SURRENDERS 37 - 41 52 - 56 DESCENT OF PROPERTY 42 - 44 56 - 59 WILLS 45 - 46 60 - 62 APPEALS 47 62 - i - SUBJECT SECTION PAGE DISTRIBUTION OF PROPERTY ON INTESTACY 48 - 50 63 - 70 MENTALLY INCOMPETENT INDIANS 51 70 - 72 GUARDIANSHIP 52 72 MANAGEMENT OF RESERVES AND SURRENDERED LANDS 53 - 60 72 - 80 MANAGEMENT OF INDIAN MONIES 61 - 69 81 - 91 LOANS TO INDIANS 70 91 - 93 FARMS 71 94 TREATY MONEY 72 94 REGULATIONS 73 95 - 97 ELECTIONS OF CHIEFS AND BAND COUNCILS 74 - 80 97 - 104 POWERS OF COUNCIL 81 - 86 104 - 114 TAXATION 87 114 - 115 LEGAL RIGHTS 88 - 90 116 - 11 TRADING WITH INDIANS 91 - 92 118 - 121 REMOVAL OF MATERIALS FROM RESERVES 93 121 - 122 OFFENCES 101 - 102 122 - 123 FORFEITURES AND PENALTIES 103 - 108 123 - 128 SCHOOLS 114 - 123 128 - 136 PRIOR GRANTS 124 137 * * * - ii - UN ION OF B.C. INDIAN CHIEFS 1 INDIAN ACT AND WHAT IT MEANS Chapter 1 - 6 An Act Respecting Indians Short Title Section 1 Section 1 This Act may be cited as the This Act can be called the Indian Act. Indian Act. INTERPRETATION Section 2 (1) Section 2 (1) In this Act, In this Act the following words have the meanings that are given them in this section, "band" means a body of "band" means a group of Indians Indians (a) for whose use and (a) who share the use and benefit in common, lands, benefit of reserve lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after the 4th day of September 1951, (b) for whose use and (b) who share moneys held by benefit in common, moneys the Department of Indian are held by Her Majesty, or Affairs and Northern Develop• ment (the Department), or (c) declared by the Governor (c) a group of Indians which in Council to be a band for the federal cabinet has said the purposes of this Act; is a band; "Band List" means a list of "Band List" means a list of persons that is maintained persons kept by a band or in under Section 8 by a band or the Department pursuant to In the Department; Section 8 (8and Lists); 2 "child" includes a child "child" includes a child bor born in or out of wedlock a in or out of wedlock, an legally adopted child and a Indian or non-Indian child child adopted in accordance legally adopted and an Indian with Indian custom; or a non-Indian child adopted in accordance with Indian custom. "council of the band" means "council of the band" means (a) in the case of a band to (a) either a council elected which Section 74 applies, under the election provisions the council established in Sections 74 to 80, or pursuant to that section, (b) in the case of a band to (b) a council, or chief which Section 74 does not chosen according to band apply, the council chosen custom; 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; See, "Indian Bands Election Regulations", C.R.C. 1978, c. 952 and "Indian Band Election Order", C.R.C. 1978, c. 951. "Department" means the "Department" means the Department of Indian Affairs Department of Indian Affairs and Northern Development; and Northern Development; "elector" means a person who "elector" means a person who is (a) is registered on the (a) registered on a Band Band List, List, (b) is of the full age of (b) aged 18 or more; and eighteen years and (c) is not disqualified from (c) can vote in band voting at band elections; elections (that is, somebody who usually lives on reserve); "estate" includes real and "estate" means everything a personal property and any person owns--land, leases, interest in land; money, car, house, furniture, television, clothes and so on; 3 "Indian" means a person who "Indian" means a person who pursuant to this Act is is registered as an Indian, registered as an Indian or or a person who is entitled is entitled to be registered to be registered as an Indian as an Indian; on the Indian register kept by the Department (Definition and Registration of Indians Section 5 through 14); "Indian moneys" means all "Indian moneys" means any moneys collected, received money collected, received or or held by Her Majesty for held by the federal the use and benefit of government for the use and Indians or bands; benefit of individual Indians or Indian bands; "Indian Register" means the "Indian Register" means the register of persons that is list of persons that is maintained under Section 5; maintained by the Department under Section 5 where the name of every person who is entitled can be registered as an Indian; "intoxicant" includes "intoxicant" means anything alcohol, alcoholic, that people can drink which spirituous, vinous, will make them drunk, and it fermented malt or other includes such things as intoxicating liquor or methylated spirits and combination of liquors and vanilla extract; mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and a 1 1 drinks or drinkable liquids and all preparations or mixtures capable of human consumption that are intoxicating; 4 "member of a band" means a "member of a band" means a person whose name appears on person whose name is on a a Band List or who is Band List kept by a band who entitled to have his name has control of their Band appear on a Band List; Lists/Membership, or if a band does not have control of their Band Lists/Membership, then on the Band List kept by the Department, or who is entitled to have his name on those lists (see, Section 8 - Band Lists); "mentally incompetent "mentally incompetent Indian" Indian" means an Indian who, means an Indian, who because pursuant to the laws of the of the state of his mind, province in which he cannot look after his own resides, has been found to business and according to be mentally defective or provincial law the Court incompetent for the purposes declares the person to be of any laws of that province incapable; providing for the administration of estates of mentally defective or incompetent persons; "Minister" means the "Minister" means the Minister Minister of Indian Affairs of Indian Affairs and and Northern Development; Northern Development; "registered" means "registered" means registered registered as an Indian in as an Indian in the Indian the Indian Register; Register kept by the Department; "Registrar" means the "Registrar" means the officer of the Department Department official in charge who is in charge of the of the Indian Register and Indian Register and the Band the Departmental Band Lists; List maintained In the Department; 5 "reserve" means a tract of "reserve" means a piece of land, the legal title of land legally held by the which is vested in Her federal government, but which Majesty, that has been set has been set aside for the apart by Her Majesty for the use and benefit of an Indian use and benefit of a band; band; "superintendent" includes a "superintendent" includes a commissioner, regional commissioner, regional supervisor, Indian supervisor, Indian superintendent, assistant superintendent, assistant Indian superintendent and Indian superintendent, and any other person declared by any other person the the Minister to be a Minister says is a superintendent for the superintendent; purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve; "surrendered lands" means a "surrendered lands" means any reserve or part of a reserve piece of reserve land or any interest therein, the (including, for example, legal title of which remains minerals) that has been vested In Her Majesty, that surrendered by the band that has been released or had the use and benefit of surrendered by the band for it, but to which the federal whose use an benefit it was government still retains set apart.