Indian band by-laws are made pursuant to the Indian Act, R.S.C. 1985, c. I-5, sections 81, 83 and 85.1.
As of December 19, 2014 the new Indian Act Amendment and Replacement Act, S.C. 2014, c.38 amends and repeals various sections of the Indian Act, including sections 81, 83, and 85.1. As part of the Act, publication of by-laws is now required on an internet site, in the First Nations Gazette or in a local newspaper that is accessible or has circulation to the community affected by the by-law. By-laws only come into force on publication or later date specified in the by-law. The First Nations Gazette Part II contains close to 3000 digitized by-laws and continues to publish current by-laws that are submitted by authorized representatives of the First Nation.
If a by-law is not posted on the website, you should contact the regional Band Governance office or the First Nation directly.
History of band by-laws
Up until June 1987, band by-laws were registered as regulations with the Clerk of the Privy Council but were exempt from publication in the Canada Gazette as per section 15(2)(e) of the Statutory Instruments Regulations, C.R.C., c. 1509.
On June 25, 1987, the Statutory Instruments Regulations were amended by SOR/87-398 to exempt band by-laws from registration (paragraph 7( l )), as well as from publication.
In 1993, the Statutory Instruments Regulations were further amended by SOR/93-245, revoking section 15(2)(e) but revising section 15(1) to declare that all classes of regulations exempt from registration are exempt from publication.
Print copies of the Statutory Instruments Regulations prior to 1993 can be found in The Canada Gazette, Part II.
Until 1993, by-laws that were registered as regulations prior to the exemption instituted in 1987 were listed in the Canada Gazette, Part II Consolidated Index of Statutory Instruments even though they were not published in the Gazette.
For more information about by-laws see Indigenous Services Canada website, under the Governance link there is a page on By-laws and enforcement.
- Indian Act, R.S.C. 1985 – Justice Laws
- Indian Act Amendment and Replacement Act, S.C. 2014, c.38 – Justice Laws
- First Nations Gazette Part II – First Nations Gazette Part II
- Statutory Instruments Regulations, CRC, c. 1509 – Justice Laws
- The Canada Gazette, Part II – on-site at Courthouse Libraries
- Canada Gazette, Part II Consolidated Index of Statutory Instruments – on-site at Courthouse Libraries
- Indigenous Services Canada – Government of Canada