Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Generally only members can live on the reserve but the Minister of Indigenous Services Canada can allow non-members to live on or use reserve land.
What Happens To My Allotment If I Can No Longer Live On The Reserve?
This could happen if you are no longer a member of the First Nation because you have transferred your membership to another First Nation. You can transfer your allotment to another member of your First Nation within 6 months. If you do not transfer your allotment, the land goes back to your First Nation.
If the land goes back to your First Nation, the Minister of Indigenous Services Canada can compensate you for permanent improvements. The funds of your First Nation are used to pay this compensation.
Is There a Way For Someone Who Is Not a Member To Live On Or Use Reserve Land?
The Minister of ISC can give any person a permit to live on reserve land or use reserve land for some other purpose. This can be for up to a year. It can be for more than a year if the First Nation Council approves.
First Nation Members, by a majority vote, can designate some of their reserve land so a person who is not a member can lease the land or exercise other rights on the land. The First Nation Council must also recommend that the designation go ahead.
