Indian Act

The Indian Act is the principal statute through which the federal government administers the status, lands, and governance of First Nations in Canada. The Act defines who is an ‘Indian’ (status Indian), governs the management of reserve lands and band funds, provides for band governance and elections, and regulates the provision of services to First Nations communities. The Act has been deeply controversial as a tool of colonial assimilation, having historically prohibited Indigenous ceremonies (potlatch, sun dance), imposed compulsory attendance at Indian Residential Schools, and denied the franchise to status Indians. The Act has been progressively amended to remove discriminatory provisions, particularly gender discrimination (Bill C-31 1985, Bill C-3 2011, Bill S-3 2017).

Legal area: Indigenous law governs the legal status of Indigenous peoples, including Indian status, reserve lands, and Aboriginal rights.

Year enacted: 1985

Full text: https://laws-lois.justice.gc.ca/eng/acts/I-5/

Key Provisions

• Section 5: Indian status (registration and entitlement)
• Section 6: Categories of Indian status (6(1) and 6(2) registration)
• Section 18: Reserve lands (possession and use)
• Section 20: Certificates of possession (individual use of reserve land)
• Section 31: Band funds and revenue
• Section 74: Band council elections
• Section 87: Tax exemption (status Indians’ personal property on reserve)
• Section 89: Property protection (exemption from seizure on reserve)

Significance

The Indian Act is Canada’s most historically significant and controversial legislation affecting Indigenous peoples. The Act’s gender discrimination provisions were struck down by the Supreme Court (McIvor v Canada, 2009) and Parliament has progressively amended the Act. The section 87 tax exemption is an important economic benefit for First Nations. The Act is not applicable to Inuit (who are recognized as Indians under section 91(24) of the Constitution Act, 1867 but governed by separate administrative arrangements) or to Métis (who are not ‘Indians’ under the Act but are recognized as Aboriginal peoples under section 35). The government has committed to replacing the Indian Act with nation-to-nation governance arrangements.