Indian Reserve Lands

Potential Approval, Permit or Code of Practice Requirements

Transfer of Administration and Control

• Land Management

Explanation: The Indian Act regulates the transfer of land for highway use for as long as the lands are used for such purposes. The Ministry of Transportation and Infrastructure must make an application to Indigenous and Northern Affairs Canada for the transfer of administration and control of Indian Reserve lands.

Statute: Indian Act, 1985

Relevant Section or Regulation: Section 35

Regulating Agency:  Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)

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Temporary Use and Occupation

• Land Management

Explanation: The Indian Act regulates the temporary use and occupation of an Indian Reserve. A permit from INAC (Indigenous and Northern Affairs Canada) is required to occupy or use an Indian Reserve or to reside or exercise rights on an Indian Reserve.

Statute: Indian Act, 1985

Relevant Section or Regulation: Section 28(2)

Regulating Agency: Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)