Allotments Under The Indian Act

The council of your First Nation can allot reserve land to you. The Minister of Indigenous Services Canada (ISC) must also approve the allotment. Once the Minister approves, you will get a Certificate of Possession to show that the land has been allotted to you.

A Certificate of Possession gives you the sole right to live on and use the land allotted. You can transfer the certificate back to your First Nation or to another member of your First Nation. A transfer to another member must be approved by the Minister of ISC. You cannot transfer or give your certificate to anyone other than a member or your First Nation.

If the Minister does not approve an allotment, they can give the member temporary rights to occupy the land instead and issue a Certificate of Occupation.

The Minister can put conditions on the occupation that must be met before they will approve the allotment and issue a Certificate of Possession. A Certificate of Occupation can be for up to 2 years and can be extended for 2 more years. After that, the Minister must either approve a Certificate of Possession or refuse it. If it is refused, the land goes back to the First Nation and the First Nation Council can reallot it.

Courts have reviewed decisions by councils about allotting reserve land. They have ruled that these decisions can be challenged under the Canadian Charter of Rights and Freedoms and must follow rules about decision making.

If the council takes away your allotment and you have made improvements to the land, the Minister of ISC can order that you be compensated.