Document:
Indian Act, Part 9

MENTALLY INCOMPETENT INDIANS

Powers of Minister generally

51. (1) Subject to this section, all jurisdiction and authority in relation to the property of mentally incompetent Indians is vested exclusively in the Minister.

Particular powers

(2) Without restricting the generality of subsection (1), the Minister may

(a) appoint persons to administer the estates of mentally incompetent Indians;

(b) order that any property of a mentally incompetent Indian shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose of

(i) paying his debts or engagements,

(ii) discharging encumbrances on his property,

(iii) paying debts or expenses incurred for his maintenance or otherwise for his benefit, or

(iv) paying or providing for the expenses of future maintenance; and

(c) make such orders and give such directions as he considers necessary to secure the satisfactory management of the estates of mentally incompetent Indians.

Property off reserve

(3) The Minister may order that any property situated off a reserve and belonging to a mentally incompetent Indian shall be dealt with under the laws of the province in which the property is situated.

R.S., c. I-6, s. 51.

GUARDIANSHIP

Property of infant children

52. The Minister may administer or provide for the administration of any property to which infant children of Indians are entitled, and may appoint guardians for that purpose.

R.S., c. I-6, s. 52.

MONEY OF INFANT CHILDREN

Distributions of capital

52.1 (1) The council of a band may determine that the payment of not more than three thousand dollars, or such other amount as may be fixed by order of the Governor in Council, in a year of the share of a distribution under paragraph 64(1)(a) that belongs to an infant child who is a member of the band is necessary or proper for the maintenance, advancement or other benefit of the child.

Procedure

(2) Before making a determination under subsection (1), the council of the band must

(a) post in a conspicuous place on the reserve fourteen days before the determination is made a notice that it proposes to make such a determination; and

(b) give the members of the band a reasonable opportunity to be heard at a general meeting of the band held before the determination is made.

Minister's duty

(3) Where the council of the band makes a determination under subsection (1) and notifies the Minister, at the time it gives its consent to the distribution pursuant to paragraph 64(1)(a), that it has made that determination and that, before making it, it complied with subsection (2), the Minister shall make a payment described in subsection (1) for the maintenance, advancement or other benefit of the child to a parent or person who is responsible for the care and custody of the child or, if so requested by the council on giving its consent to that distribution, to the council.

R.S., 1985, c. 48 (4th Supp.), s. 3.

Money of infant children of Indians

52.2 The Minister may, regardless of whether a payment is made under section 52.1, pay all or part of any money administered by the Minister under section 52 that belongs to an infant child of an Indian to a parent or person who is responsible for the care and custody of the child or otherwise apply all or part of that money if

(a) the Minister is requested in writing to do so by the parent or the person responsible; and

(b) in the opinion of the Minister, the payment or application is necessary or proper for the maintenance, advancement or other benefit of the child.

R.S., 1985, c. 48 (4th Supp.), s. 3.

Attaining majority

52.3 (1) Where a child of an Indian attains the age of majority, the Minister shall pay any money administered by the Minister under section 52 to which the child is entitled to that child in one lump sum.

Exception

(2) Notwithstanding subsection (1), where requested in writing to do so before a child of an Indian attains the age of majority by a parent or a person who is responsible for the care and custody of the child or by the council of the band of which the child is a member, the Minister may, instead of paying the money in one lump sum, pay it in instalments during a period beginning on the day the child attains the age of majority and ending not later than the day that is three years after that day.

R.S., 1985, c. 48 (4th Supp.), s. 3.

Relief

52.4 Where, in a proceeding in respect of the share of a distribution under paragraph 64(1)(a) or of money belonging to an infant child that was paid pursuant to section 52.1, 52.2 or 52.3, it appears to the court that the Minister, the band, its council or a member of that council acted honestly and reasonably and ought fairly to be relieved from liability in respect of the payment, the court may relieve the Minister, band, council or member, either in whole or in part, from liability in respect of the payment.

R.S., 1985, c. 48 (4th Supp.), s. 3; 1992, c. 1, s. 144(F).

Effect of payment

52.5 (1) The receipt in writing from a parent or person who is responsible for the care and custody of an infant child for a payment made pursuant to section 52.1 or 52.2

(a) discharges the duty of the Minister, the band, its council and each member of that council to make the payment to the extent of the amount paid; and

(b) discharges the Minister, the band, its council and each member of that council from seeing to its application or being answerable for its loss or misapplication.

Idem

(2) The receipt in writing from the council of the band of which an infant child is a member for a payment made pursuant to section 52.1

(a) discharges the duty of the Minister to make the payment to the extent of the amount paid; and

(b) discharges the Minister from seeing to the application of the amount paid or being answerable for its loss or misapplication.

R.S., 1985, c. 48 (4th Supp.), s. 3.