DOCUMENTS - Acts & Bills - 1953 Act to amend the Indian Act

 

CHAP. 41.

 

An Act to amend the Indian Act.

 

[Assented to 14th May, 1953.]

 

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-

 

PART I.

 

1. Paragraph (a) of subsection (1) of section 69 of The Indian Act, chapter 29 of the statutes of 1951, is repealed and the following substituted therefor:

“(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, or”

 

1. Subsection (1) of section 101 of the said Act is repealed and the following substituted therefor:

“101. (1) Whenever a peace officer or a superintendent or a person authorized by the Minister believes on reasonable grounds that an offence against section thirty-three, eighty- nine, ninety-two, ninety-three, ninety-four or ninety-six has been committed, he may seize all goods and chattels by means of or in relation to which he reasonably believes the offence was committed, and he may enter, open and search any place or thing in or upon which he reasonably believes any such goods or chattels may be found.”

 

1. Section 124 of the said Act is repealed and the following substituted therefor:

“124. Where, prior to the fourth day of September, nineteen hundred and fifty-one, a reserve or portion of a reserve as released or surrendered to the Crown pursuant to Part I of the Indian Act, chapter ninety-eight of the Revised Statutes of Canada, 1927, or pursuant to the provisions of the statutes relating to the release or surrender of reserves in force at the time of the release or surrender, and

1. prior to that date Letters Patent under the Great Seal of Canada were issued purporting to grant a reserve or portion of a reserve so released or surrendered, or any interest therein, to any person, and the Letters Patent have not been declared void or inoperative by any Court of competent jurisdiction, or
2. prior to that date a reserve or portion of a reserve so released or surrendered, or any interest therein, was sold or agreed to be sold by the Crown to any person, and the sale or agreement for sale has not been cancelled or by any Court of

competent jurisdiction declared void or inoperative,

the Letters Patent or the sale or agreement for sale, as the case may be, shall, for all purposes, be deemed to have been issued or made at the date thereof under the direction of the Governor in Council.”

 

PART II.

 

1. Paragraph (a) of subsection (1) of section 69 of the Indian Act, chapter 149 of the Revised Statutes of Canada, 1952, is repealed and the following substituted therefor:

“(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 An Act

 

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, or”

 

1. Subsection (1) of section 101 of the said Act is repealed and the following substituted therefor:

“101. (1) Whenever a peace officer or a superintendent or a person authorized by the Minister believes on reasonable grounds that an offence against section 33, 89, 92, 93, 94 or 96 has been committed, he may seize all goods and chattels by means of or in relation to which he reasonably believes the offence was committed, and he may enter, open and search any place or thing in or upon which he reasonably believes any such goods or chattels may be found.”

 

1. Section 123 of the said Act is repealed and the following substituted therefor:

“123. Where, prior to the 4th day of September, 1951, a reserve or portion of a reserve was released or surrendered to the Crown pursuant to Part I of the Indian Act, chapter 98 of the Revised Statutes of Canada, 1927, or pursuant to the provisions of the statutes relating to the release or surrender of reserves in force at the time of the release or surrender, and

1. prior to that date Letters Patent under the Great Seal of Canada were issued purporting to grant a reserve or portion of a reserve so released or surrendered, or any interest therein, to any person, and the Letters Patent have not been declared void or inoperative by any Court of competent jurisdiction, or
2. prior to that date a reserve or portion of a reserve so released or surrendered, or any interest therein, was sold or agreed to be sold by the Crown to any person, and the sale or agreement for sale has not been cancelled or by any Court of

competent jurisdiction declared void or inoperative,

the Letters Patent or the sale or agreement for sale, as the case may be, shall, for all purposes, be deemed to have been issued or made at the date thereof under the direction of the Governor in Council.”

 

1. This Part shall come into force, and Part I is repealed, on this day the Revised Statutes of Canada, 1952, come into force.