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Indian Act, Part 11
MANAGEMENT OF INDIAN MONEYS
Indian moneys to be held for use and benefit
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.
Interest
(2) Interest on 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.
R.S., c. I-6, s. 61.
Capital and revenue
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.
R.S., c. I-6, s. 62.
Payments to Indians
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.
R.S., c. I-6, s. 63.
Expenditure of capital moneys with consent
64. (1) 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 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) to construct houses for members of the band, to make loans to members of the band for building purposes with or without security and to provide for the guarantee of loans made to members of the band for building purposes; and
(k) for any other purpose that in the opinion of the Minister is for the benefit of the band.
Expenditure of capital moneys in accordance with by-laws
(2) The Minister may make expenditures out of the capital moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the capital moneys.
R.S., 1985, c. I-5, s. 64; R.S., 1985, c. 32 (1st Supp.), s. 10.
Limitation in respect of paragraphs 6(1)(c), (d) and (e)
64.1 (1) A person who has received an amount that exceeds one thousand dollars under paragraph 15(1)(a), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(c), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, exceeds one thousand dollars, together with any interest thereon.
Additional limitation
(2) Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds one thousand dollars under paragraph 15(1)(a), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(c), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds one thousand dollars, together with any interest thereon, has been repaid to the band.
Regulations
(3) The Governor in Council may make regulations prescribing the manner of determining interest for the purpose of subsections (1) and (2).
R.S., 1985, c. 32 (1st Supp.), s. 11.
Expenditure of capital
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.
R.S., c. I-6, s. 65.
Expenditure of revenue moneys with consent of band
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 the opinion of the Minister will promote the general progress and welfare of the band or any member of the band.
Minister may direct expenditure
(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, to provide for the burial of deceased indigent members of the band and to provide for the payment of contributions under the Employment Insurance Act on behalf of employed persons who are paid in respect of their employment out of moneys of the band.
Idem
(2.1) The Minister may make expenditures out of the revenue moneys of a band in accordance with by-laws made pursuant to paragraph 81(1)(p.3) for the purpose of making payments to any person whose name was deleted from the Band List of the band in an amount not exceeding one per capita share of the revenue moneys.
Expenditure of revenue moneys with authority of Minister
(3) The Minister 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.
R.S., 1985, c. I-5, s. 66; R.S., 1985, c. 32 (1st Supp.), s. 12; 1996, c. 23, s. 187.
Recovery of certain expenses
67. Where money is expended by Her Majesty for the purpose of raising or collecting Indian moneys, the Minister may authorize the recovery of the amount so expended from the moneys of the band.
R.S., c. I-6, s. 67.
Maintenance of dependants
68. Where the Minister is satisfied that an Indian
(a) has deserted his spouse or family without sufficient cause,
(b) has conducted himself in such a manner as to justify the refusal of his spouse or family to live with him, or
(c) has been separated by imprisonment from his spouse and family,
the Minister may order that payments of any annuity or interest money to which that Indian is entitled shall be applied to the support of the spouse or family or both the spouse and family of that Indian.
R.S., 1985, c. I-5, s. 68; R.S., 1985, c. 32 (1st Supp.), s. 13.
Management of revenue moneys by band
69. (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.
Regulations
(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.
R.S., c. I-6, s. 69.
LOANS TO INDIANS
Loans to Indians
70. (1) The Minister of Finance may authorize advances to the Minister out of the Consolidated Revenue Fund of 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 for the clearing and breaking of land within reserves;
(b) to expend or to lend money for the carrying out of cooperative projects on behalf of Indians; or
(c) to provide for any other matter prescribed by the Governor in Council.
Regulations
(2) The Governor in Council may make regulations to give effect to subsection (1).
Accounting
(3) Expenditures that are made under subsection (1) shall be accounted for in the same manner as public moneys.
Repayment
(4) The Minister shall pay to the Receiver General all moneys that he receives from bands, groups of Indians or individual Indians by way of repayments of loans made under subsection (1).
Limitation
(5) The total amount of outstanding advances to the Minister under this section shall not at any one time exceed six million and fifty thousand dollars.
Report to Parliament
(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.
R.S., c. I-6, s. 70.
FARMS
Minister may operate farms
71. (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.
Application of profits
(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 those profits in any way that he considers to be desirable to promote the progress and development of the Indians.
R.S., c. I-6, s. 71.
TREATY MONEY
Treaty money payable out of C.R.F.
72. Moneys that are payable to Indians or to Indian bands under a treaty between Her Majesty and a band and for the payment of which the Government of Canada is responsible may be paid out of the Consolidated Revenue Fund.
R.S., c. I-6, s. 72.
REGULATIONS
Regulations
73. (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;
(l) for the construction and maintenance of boundary fences; and
(m) for empowering and authorizing the council of a band to borrow money for band projects or housing purposes and providing for the making of loans out of moneys so borrowed to members of the band for housing purposes.
Punishment
(2) The Governor in Council may prescribe the punishment, not exceeding a fine of one hundred dollars or imprisonment for a term not exceeding three months or both, that may be imposed on summary conviction for contravention of a regulation made under subsection (1).
Orders and regulations
(3) The Governor in Council may make orders and regulations to carry out the purposes and provisions of this Act.
R.S., c. I-6, s. 73.