Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
The laws about renting that apply in other parts of the province do not apply on reserves.
If your First Nation has a Land Code, you need to look at it to see if it has rules about renting. If it does, those apply.
If there is no Land Code, the Indian Act applies. It says no one is lawfully in possession of land on a reserve unless the First Nation Council has given them possession. This must be approved by the Minister of Indigenous Services Canada (ISC).
Can I Rent Out Land That Has Been Allotted to Me?
A First Nation Member who is in possession of reserve land can transfer the right of possession to another member or the First Nation. The transfer must be approved by the Minister of ISC.
Any agreement that gives someone who is not a member the right to live on or use reserve land is of no effect. The Minister can give someone who is not a member the right to live on or use reserve land without the approval of the First Nation Council for up to one year. If it is for longer than one year, it requires the approval of the First Nation Council.
What Rights Do I Have as a Renter?
If you are a renter and there is no Land Code that deals with your rights, a good starting place is the agreement you made with the person who has rights to the place. There also may be rules about renting in a First Nation Council bylaw or policy or in customary allotment rules.
An agreement is a contract. Both sides agree to do certain things. In an agreement to rent, one person agrees to allow the other person to live there and the other person pays rent. Agreements often deal with other things like how much notice is needed to end the agreement. The person renting can agree to other things like not doing anything illegal in the place.
