Subsection 91(24) of the Constitution Act, 1867 establishes the authority of Parliament to make laws regarding Indians and lands reserved for Indians.
The Indian Act provides that the election for the chief and council of a band can be held under one of two authorities. One, the Indian Act and the Indian Band Election Regulations: If the chief and council are elected under the Indian Act and the regulations, all voters must be both band members and ordinarily resident on the particular reserve (section 77(1)).
Two, the custom of the individual band: If the chief and council are elected/selected according to the custom of the band, the qualifications for the voters are set by the band, and the band has the sole authority to do this.
Question No. 151-