Indian Act

Marginal note:Conditions — surrender

• 39 (1) An absolute surrender is void unless

  • (a) it is made to Her Majesty;

  • (b) it is assented to by a majority of the electors of the band

    • (i) at a general meeting of the band called by the council of the band,

    • (ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or

    • (iii) by a referendum as provided in the regulations; and

  • (c) it is accepted by the Governor in Council.

• Marginal note:Minister may call meeting or referendum

  (2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.

• Marginal note:Assent of band

  (3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.

• Marginal note:Secret ballot

  (4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.

• Marginal note:Officials required

  (5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.