Bill S-3: Eliminating known sex-based inequities in registration

Indian status in Canada is governed by the Indian Act. It defines how a person is entitled to be registered. Registered persons are eligible for rights, services and benefits.

Historically, sex-based criteria in the Indian Act caused long-lasting inequities. Canada made changes to the Act in 1985 and 2011 to remove a number of sex-based inequities.

Following engagement with First Nations, further changes were made to the Indian Act in 2017 and 2019 under S-3. These legislative changes addressed outstanding sex-based inequities in registration.

S-3 extends entitlement to descendants of women impacted by sex-based discrimination dating back to 1869. This entitles generations of First Nations people to Indian status.

These changes could mean that you, or someone you know, may be entitled to registration. To know if you are entitled to registration, ask yourself:

• Did my mother, grandmother, or great-grandmother lose status due to:
  • marriage to a non-entitled man before April 17, 1985?
  • being born outside of marriage between an entitled father and non-entitled mother between September 4, 1951 and April 16, 1985?
• Did one of my parents, grandparents or great-grandparents:
  • lose status because of their mother's marriage to a non-entitled man before April 17, 1985?
  • have their name removed from the Indian Register or from a band list because their father was not entitled to status?

To find out if you are entitled to registration and for information on how to apply, visit: Indian status.

Narrator: Indian status in Canada is governed by the Indian Act. It defines how a person is entitled to be registered.

Registered individuals have access to services and benefits offered by federal, provincial and territorial governments.

In 2017, S-3 was partially brought into force. It sought to address outstanding sex-based inequities in registration in the Indian Act. Further amendments under S-3 were made in 2019. Entitlement for Indian status is now extended to descendants of First Nations women impacted by discrimination.

Individuals who were denied status in the past because of sex-based inequities are invited to reapply.

Dakota: Hi, I'm Dakota.

My mom applied for status in 2011 and became registered. My great-grandmother lost status following her marriage to a non-entitled man. She and my grandpa were entitled in 1985.

I also applied in 2011 but was denied.

Do the changes in S-3 impact me?

Narrator: Yes! S-3 impacts the ability for someone to pass entitlement status to additional generations.

The grandchildren of women who lost status may be entitled to registration or a category amendment. This means that they may be able to pass entitlement to their children and their future generations.

There are some variables that may impact your eligibility, including:

• your date of birth
• the date of birth of your parents
• the marital status of your parents or grandparents

Dakota: Considering these changes from S-3, should I reapply for status?

Narrator: Yes! While some people were previously denied status, the changes have extended status, in some cases, for generations.

Like Dakota, you or someone you know could also be newly entitled to status.

To find out more about entitlement to registration and how to apply, visit: Indian status.

Indian status in Canada is governed by the Indian Act. It defines how a person is entitled to be registered. Registered persons are entitled to rights, services and benefits.

Recently, changes were made to the Indian Act to address outstanding sex-based inequities in registration. These legislative changes also streamlined the approach to entitlement decisions of individuals with unknown or unstated parentage.

Meet Janelle.

Janelle applied for status in the past but was denied because her father was not listed on her birth certificate and she could not provide the required evidence to prove her relationship to him.

What can Janelle do?

With the recent changes from S-3, there is more flexibility in the type of evidence to prove parentage.

Beyond a birth certificate, the Indian Registrar must consider multiple credible evidence that determine parentage.

This information can include but is not limited to:

• an amended birth certificate with parental information
• statutory declarations from family members, close relatives, Elders or community members
• church, school, or hospital records
• court documents
• band council resolutions
• census records
• statutory declarations and affidavits

In fact, Janelle is not required to disclose the identity of her father to be entitled to registration.

When a person is unable or unwilling to disclose the identity of a parent, grandparent or other ancestor, the Registrar must decide whether the person is more likely than not entitled to be registered based on the evidence presented.

This standard of proof is called the balance of probabilities and is applied in all situations, including unknown and unstated parentage.

This means that Janelle has more options on information she can provide to demonstrate her parentage when applying for status.

While some people were previously denied status and past entitlement decisions may have been negative in cases of unknown or unstated parentage, the recent changes to the Indian Act have created more opportunities to accept a wide variety of evidence to support parentage.

Like Janelle, you or someone you know could be newly entitled to status today.

To find out more about entitlement or how to apply, visit: Indian status.

Indian status in Canada is governed by the Indian Act. It defines how a person is entitled to be registered. Registered persons are eligible for rights, services and benefits.

Recently, changes were made to the Indian Act to address outstanding sex-based inequities in registration. These legislative changes were made under an act known as S-3. Entitlement for Indian status is now extended to descendants of First Nations women impacted by discrimination.

This means that you, or someone you know, may be eligible.

Individuals can apply for status through Indigenous Services Canada. Eligibility is dependent on ancestry but also factors in other life events.

You may be entitled if to registration if:

• one of your parents or grandparents are registered or entitled to be registered, or
• anyone in your immediate family, such as an uncle, aunt or cousin, is registered or entitled to be registered.

To apply for status for yourself, your child or a dependent adult, you must fill out the application for registration. 

Application forms are available on canada.ca/indian-status or at any Indigenous Services Canada regional office.

You may need a guarantor. A guarantor is a person who can confirm your identity.

Detailed instructions on how to fill out the application form are available on canada.ca/indian-status. A representative at a regional Indigenous Services Canada office can assist you. 

With your application, you will need to provide information about yourself, a child or dependent adult, as well as information about parents or grandparents.

Once you have filled out the relevant sections of the application form, sign and date the form.

You are required to provide documents with your application. Once you have a complete application, submit your application by mail or at an Indigenous Services Canada regional office.

The process to apply for registration requires genealogical verification and research. Depending on the complexity of a file, this may prolong the application process.

To find out how to apply, visit www.canada.ca/indian-status.

Due to COVID-19, please contact the office closest to you before visiting.