Document:
Indian Act, Part 10

MANAGEMENT OF RESERVES AND SURRENDERED AND DESIGNATED LANDS

Transactions re surrendered and designated lands

53. (1) The Minister or a person appointed by the Minister for the purpose may, in accordance with this Act and the terms of the absolute surrender or designation, as the case may be,

(a) manage or sell absolutely surrendered lands; or

(b) manage, lease or carry out any other transaction affecting designated lands.

Grant where original purchaser dead

(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, on receipt of proof in such manner as he directs and requires in support of any claim for the grant and on being satisfied that the claim has been equitably and justly established, allow the claim and authorize a grant to issue accordingly.

Departmental employees

(3) No person who is appointed pursuant to subsection (1) or who is an officer or a 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 absolutely surrendered or designated lands.

R.S., 1985, c. I-5, s. 53; R.S., 1985, c. 17 (4th Supp.), s. 5.

Assignments

54. Where absolutely surrendered lands are agreed to be sold and letters patent relating thereto have not issued, or where designated lands are leased or an interest in them granted, the purchaser, lessee or other person who has an interest in the absolutely surrendered or designated lands may, with the approval of the Minister, assign all or part of that interest to any other person.

R.S., 1985, c. I-5, s. 54; R.S., 1985, c. 17 (4th Supp.), s. 6.

Surrendered and Designated Lands Register

55. (1) There shall be maintained in the Department a register, to be known as the Surrendered and Designated Lands Register, in which shall be recorded particulars in connection with any transaction affecting absolutely surrendered or designated lands.

Conditional assignment

(2) A conditional assignment shall not be registered.

Proof of execution

(3) Registration of an assignment may be refused until proof of its execution has been furnished.

Effect of registration

(4) An assignment registered under this section is valid against an unregistered assignment or an assignment subsequently registered.

R.S., 1985, c. I-5, s. 55; R.S., 1985, c. 17 (4th Supp.), s. 7.

Certificate of registration

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.

R.S., c. I-6, s. 56.

Regulations

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 punishment, not exceeding one hundred dollars or imprisonment for a term not exceeding three months or both, that may be imposed on summary conviction for contravention of any regulation made under this section; and

(e) providing for the seizure and forfeiture of any timber or minerals taken in contravention of any regulation made under this section.

R.S., c. I-6, s. 57.

Uncultivated or unused lands

58. (1) Where land in a reserve is uncultivated or unused, the Minister may, with the consent of the council of the band,

(a) improve or cultivate that land and employ persons therefor, and authorize and direct the expenditure of such amount 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 that land for agricultural or grazing purposes or for any purpose that is for the benefit of the person in possession of the land; and

(c) where the land is not in the lawful possession of any individual, grant for the benefit of the band a lease of that land for agricultural or grazing purposes.

Distribution of proceeds

(2) Out of the proceeds derived from the improvement or cultivation of lands pursuant to paragraph (1)(b), 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 the improvements from the rent payable to the individual under this subsection.

Lease at request of occupant

(3) The Minister may lease for the benefit of any Indian, on application of that Indian for that purpose, the land of which the Indian is lawfully in possession without the land being designated.

Disposition of grass, timber, non-metallic substances, etc.

(4) Notwithstanding anything in this Act, the Minister may, without an absolute surrender or a designation

(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 on or under lands in a reserve, or, where that 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 on or under lands in a reserve, renewable only with the consent of the council of the band.

Proceeds

(5) The proceeds of the transactions referred to in subsection (4) 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.

R.S., 1985, c. I-5, s. 58; R.S., 1985, c. 17 (4th Supp.), s. 8.

Adjustment of contracts

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 transaction affecting absolutely surrendered lands, designated lands or other 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.

R.S., 1985, c. I-5, s. 59; R.S., 1985, c. 17 (4th Supp.), s. 9.

Control over lands

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.

Withdrawal

(2) The Governor in Council may at any time withdraw from a band a right conferred on the band under subsection (1).

R.S., c. I-6, s. 60.