All eligible grandchildren of women who lost status as a result of marrying non-Indian men are entitled to registration (Indian status) in accordance with the Indian Act.
Generally speaking, the key criteria to be newly entitled to registration are:
The Government of Canada made these amendments in response to an April 2009 decision by the Court of Appeal for British Columbia in the case of McIvor v. Canada (Registrar of Indian and Northern Affairs).
These amendments are effective as of January 31, 2011.
No one will lose Indian status. In fact, approximately 45,000 individuals will become entitled to Indian registration as a result of this legislation.
In March 2010, in an effort to determine the cost implications of adding approximately 45,000 individuals to the Indian Register the Government of Canada established an Internal Financial Impacts Working Group.
The Internal Financial Impacts Working Group has completed its work. Departmental officials are currently reviewing the report and will use the information in the development of recommendations on program costs.
Bill C-3 was in direct response to a very specific Court decision. The Government of Canada is aware there are broader issues related to Indian registration, Band membership and citizenship that cannot be addressed as quickly.
Putting forth broader amendments to the Indian Act has to be preceded by a thorough engagement with First Nations and other Aboriginal groups and organizations. These issues are complex and as such, broader reform on these matters cannot be resolved overnight or in isolation.
For those being registered for the first time, there are two scenarios that govern band membership. For bands whose membership is determined by Indian and Northern Affairs Canada in accordance with section 11 of the Indian Act, applicants will be added to the band list at the time of registration.
For bands who determine their own membership in accordance with section 10 of the Indian Act, applicants would be directed to the band with which they are affiliated to apply for membership and their entitlement to band membership would depend on the band's rules.
For persons already registered who are being brought under sub-section 6(1) of the Indian Act and are affiliated with a section 11 band there will be no change to your band membership. If you are currently a member of a band who determines their own membership, you will not lose membership unless the membership rules of your band are amended to that effect
Yes. The decision to apply rests with the individual, the parents or guardians. If an individual meets all of the above criteria, they can apply if they are an adult. If they are a minor (ages 15 years of age and under) or a dependant adult, their parent or legal guardians can apply on their behalf.
As of January 31, 2011, applications are being accepted.
Yes. INAC has developed an improved service for Bill C-3 applicants, whereby eligible applicants can expect to receive registration as an Indian under the Indian Act AND an in-Canada Secure Certificate of Indian Status (status card) in one step.
The Secure Certificate of Indian Status is an identity document issued by INAC to confirm that the cardholder is registered as a Status Indian under the Indian Act.
Yes. Since 2006, INAC has been reviewing its processes and procedures in issuing the Certificate of Indian Status to better align with Government of Canada Identification management policy which requires rigorous processes when program funds and tax credits are involved.
This has prompted INAC to review the documentation required for the registration of Status Indians in the Indian Register which results in the issuance of a Card.
Unlike those who currently have Indian Status, Bill C-3 applicants do not currently have a status card. As INAC is moving towards fully implementing the SCIS, it is more efficient for both clients and INAC to provide these new first time clients the new SCIS at the time of registration. Both cards, the current CIS (Certificate of Indian Status) and the new SCIS provide equal access to benefits and access to programs.
No additional direct funding will be provided to First Nations communities for registration of Bill C-3 applicants.
INAC will be offering a direct self-service mail-in application option which requires applicants to mail their application directly to the INAC Processing Unit to ensure timely service. It has also put in place a call centre to handle enquiries 1-800-567-9604 and a dedicated processing unit to handle C-3 files.
The following provides a general list of the documentation which will be required to apply for registration and for an in-Canada SCIS:
And if applicable:
More details on the specific requirements are provided in the application form instructions.
Applicants are strongly encouraged to provide all required information and documentation at the time of application. This will avoid unnecessary delays in obtaining registration and the SCIS.
Incomplete applications will be assessed for eligibility of registration, and if deemed eligible, clients will be contacted to supply any remaining information or documents.
Every possible effort will be made to return original documents within 1 month after an application has been received. Complex situations, such as adoptions, may take longer.
At this point, due to the large volume of applications that are anticipated to be received in a short time frame, INAC will be offering a self-service mail-in application option. This is a similar process to the one that exists today for new adult registration.
Applications will be available at the following locations:
General enquires on Gender Equity in Indian Registration Act should be directed to:
INAC Public Enquiries Contact Centre
Email: InfoPubs@ainc-inac.gc.ca
Phone: (toll-free) 1-800-567-9604
Fax: 1-866-817-3977
TTY: (toll-free) 1-866-553-0554
All completed applications, along with supporting documentation is to be mailed directly to:
Application Processing Unit
Indian and Northern Affairs Canada
GD Stn Main
Winnipeg MB R3C 0M2
Due to the large volume of applications that is anticipated to be received in a short time frame, INAC will only be offering a self-service mail-in application option. INAC has set up a dedicated processing unit to handle in a timely fashion Bill C-3 applications. We therefore ask applicants not to send their application to an INAC Regional Office or a Service Canada Centre, but rather to mail it directly to the INAC Processing Unit to ensure that their application is processed in an expedited manner.
We also encourage applicants to leverage the INAC Public Enquiries Contact Centre for questions and mail-in their complete applications directly to the INAC Processing Unit to ensure optimal client service under the circumstances introduced with Bill C-3.
For more information contact:
INAC Public Enquiries Contact Centre
Email: InfoPubs@ainc-inac.gc.ca
Phone: (toll-free) 1-800-567-9604
Fax: 1-866-817-3977
TTY: (toll-free) 1-866-553-0554
If you have applied before and were refused, you will need to re-apply, with the entire supporting documents which are required, as INAC cannot assume that you still want to be registered.
If the application was sent prior to the passage of Bill C-3 into law, and you were advised from INAC that the application was set aside for consideration once the Bill comes into force, the processing of your application will begin with the information you provided.
If you are deemed eligible for registration, INAC will contact you to provide the additional documentation required to complete the application process so that you can obtain your in-Canada SCIS.
INAC has established an application processing service level, which takes into consideration the expectation to receive large volumes of applications over a short time period. Applications which are complete will be processed for registration within 4-6 months depending on complexity of applications. Individuals who are deemed eligible for registration will receive a Temporary Confirmation of Registration Document providing them with their registration number which will allow access to benefits and services for a period of 12 months, which allows time for the in-Canada SCIS to be issued.
If all the required documentation has been provided, you will receive your in-Canada SCIS within 10 weeks.
We encourage you to read all materials very carefully and make sure all your supporting documents are submitted (including any required original documents, quality passport photographs) with your signed application.
For further information, contact:
INAC Public Enquiries Contact Centre
Email: InfoPubs@ainc-inac.gc.ca
Phone: (toll-free) 1-800-567-9604
Fax: 1-866-817-3977
TTY: (toll-free) 1-866-553-0554
In exceptional circumstances, the registered applicant may request an extension. Each case will be considered based on its merits but we strongly encourage applicants to obtain and submit the required documentation as quickly as possible.
It is more efficient for both clients and INAC to provide these new first-time registered Indians with the new in-Canada SCIS at the time of registration, rather than the laminated Certificate of Indian Status which will be gradually phased out.
A guarantor is required to certify an applicant's identity and the photographs. This is a requirement for the new SCIS which adheres to the Government of Canada Identification management policy when programs and benefits are involved. In some cases, a guarantor may be contacted.
Non-Insured Health Benefits are normally available to First Nations people once they have been registered under the Indian Act. As such, individuals who believe they will be eligible under the provisions of Bill C-3 must first apply for 'status' through INAC's Office of the Indian Registrar.
The Registrar's Office will communicate with applicants in writing regarding receipt and processing of their application, and will confirm whether and when an individual is registered.
Once an individual is registered with INAC, clients are asked to allow up to two weeks for their information to be provided to Health Canada for processing of Non-Insured Health Benefits. Clients are advised to retain all correspondence from INAC for their records, and to contact their respective Non-Insured Health Benefits regional office if they have questions regarding which benefits will be eligible.
The new entitlements to registration provided by Bill C-3 are for the future and do not give rise to any retroactive entitlement to benefits.
You are advised to carry with you at all times a copy of the Information Sheet on the Temporary Confirmation of Registration Document. This information sheet was developed to inform service providers about the context and purpose of the Temporary Confirmation of Registration Document. If a service provider does not accept your Temporary Confirmation of Registration Document, advise the provider to contact INAC Public Enquiries at 1-800-567-9604 for further information
If you did not receive the Information Sheet on the Temporary Confirmation of Registration Document, you can find it on the INAC website in the Bill C-3 Gender Equity Section, or by contacting INAC Public Enquiries at 1-800-567-9604.