Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Regulations respecting band and council meetings

80 The Governor in Council may make regulations with respect to band meetings and council meetings and, without restricting the generality of the foregoing, may make regulations with respect to

• (a) presiding officers at such meetings;

• (b) notice of such meetings;

• (c) the duties of any representative of the Minister at such meetings; and

• (d) the number of persons required at such meetings to constitute a quorum.

Powers of the Council

Marginal note:By-laws

• 81 (1) 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 pound-keepers, the regulation of their duties and the provision for fees and charges for their services;

  • (f) the construction and maintenance of watercourses, 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 bee-keeping and poultry raising;

  • (l) the construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies;

  • (m) the control or 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 prohibited purposes;

  • (p.1) the residence of band members and other persons on the reserve;

  • (p.2) to provide for the rights of spouses or common-law partners and children who reside with members of the band on the reserve with respect to any matter in relation to which the council may make by-laws in respect of members of the band;

  • (p.3) to authorize the Minister to make payments out of capital or revenue moneys to persons whose names were deleted from the Band List of the band;

  • (p.4) to bring subsection 10(3) or 64.1(2) into effect in respect of the band;

  • (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 thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law made under this section.

• Marginal note:Power to restrain by order where conviction entered

  (2) Where any by-law of a band is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.

• Marginal note:Power to restrain by court action

  (3) Where any by-law of a band passed is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by court action at the instance of the band council.

82 [Repealed, 2014, c. 38, s. 7]

Marginal note:Money by-laws

• 83 (1) Without prejudice to the powers conferred by section 81, the council of a band may, subject to the approval of the Minister, make by-laws for any or all of the following purposes, namely,

  • (a) subject to subsections (2) and (3), taxation for local purposes of land, or interests in land, in the reserve, including rights to occupy, possess or use land in the reserve;

  • (a.1) the licensing of businesses, callings, trades and occupations;

  • (b) the appropriation and expenditure of moneys of the band to defray band expenses;

  • (c) the appointment of officials to conduct the business of the council, prescribing their duties and providing for their remuneration out of any moneys raised pursuant to paragraph (a);

  • (d) the payment of remuneration, in such amount as may be approved by the Minister, to chiefs and councillors, out of any moneys raised pursuant to paragraph (a);

  • (e) the enforcement of payment of amounts that are payable pursuant to this section, including arrears and interest;

  • (e.1) the imposition and recovery of interest on amounts that are payable pursuant to this section, where those amounts are not paid before they are due, and the calculation of that interest;

  • (f) the raising of money from band members to support band projects; and

  • (g) with respect to any matter arising out of or ancillary to the exercise of powers under this section.

• Marginal note:Restriction on expenditures

  (2) An expenditure made out of moneys raised pursuant to subsection (1) must be so made under the authority of a by-law of the council of the band.

• Marginal note:Appeals

  (3) A by-law made under paragraph (1)(a) must provide an appeal procedure in respect of assessments made for the purposes of taxation under that paragraph.

• Marginal note:Minister’s approval

  (4) The Minister may approve the whole or a part only of a by-law made under subsection (1).

• Marginal note:Regulations re by-laws

  (5) The Governor in Council may make regulations respecting the exercise of the by-law making powers of bands under this section.

• Marginal note:By-laws must be consistent with regulations

  (6) A by-law made under this section remains in force only to the extent that it is consistent with the regulations made under subsection (5).

Marginal note:Recovery of taxes

84 Where a tax that is imposed on an Indian by or under the authority of a by-law made under section 83 is not paid in accordance with the by-law, the Minister may pay the amount owing together with an amount equal to one-half of one per cent thereof out of moneys payable out of the funds of the band to the Indian.

85 [Repealed, R.S., 1985, c. 17 (4th Supp.), s. 11]

Marginal note:By-laws relating to intoxicants

• 85.1 (1) Subject to subsection (2), the council of a band may make by-laws

  • (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the band;

  • (b) prohibiting any person from being intoxicated on the reserve;

  • (c) prohibiting any person from having intoxicants in his possession on the reserve; and

  • (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c).

• Marginal note:Consent of electors

  (2) A by-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a special meeting of the band called by the council of the band for the purpose of considering the by-law.

• (3) [Repealed, 2014, c. 38, s. 8]

• Marginal note:Offence

  (4) Every person who contravenes a by-law made under this section is guilty of an offence and liable on summary conviction

  • (a) in the case of a by-law made under paragraph (1)(a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

  • (b) in the case of a by-law made under paragraph (1)(b) or (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.

Marginal note:Publication of by-laws

• 86 (1) The council of a band shall publish a copy of every by-law made by the council under this Act on an Internet site, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band, whichever the council considers appropriate in the circumstances.

• Marginal note:Copies of by-laws

  (2) The council of a band shall, on request by any person, provide to the person a copy of a by-law made by the council.

• Marginal note:For greater certainty

  (3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide a copy of the by-law to any person who requests one.

• Marginal note:Coming into force

  (4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published under subsection (1) or on any later day specified in the by-law.

• Marginal note:Duration of publication —  Internet site

  (5) A by-law that is published on an Internet site under subsection (1) must remain accessible in that manner for the period during which it is in force.

Taxation

Marginal note:Property exempt from taxation

• 87 (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:

  • (a) the interest of an Indian or a band in reserve lands or surrendered lands; and

  • (b) the personal property of an Indian or a band situated on a reserve.

• Marginal note:Idem

  (2) No Indian or band is subject to taxation in respect of the ownership, occupation, possession or use of any property mentioned in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property.

• Marginal note:Idem

  (3) No succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any property mentioned in paragraphs (1)(a) or (b) or the succession thereto if the property passes to an Indian, nor shall any such property be taken into account in determining the duty payable under the Dominion Succession Duty Act, chapter 89 of the Revised Statutes of Canada, 1952, or the tax payable under the Estate Tax Act, chapter E-9 of the Revised Statutes of Canada, 1970, on or in respect of other property passing to an Indian.

Legal Rights

Marginal note:General provincial laws applicable to Indians

88 Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.