Question Period Note: Second-Generation Cut-Off

• Canada recognizes that Indigenous identity is complex and
personal, and that Indian Act registration can be an important
part of individuals’ identity and heritage.
• Canada continues to hear from First Nations about the impacts
of the second-generation cut-off.
• Canada is co-developing consultation on solutions in
accordance with obligations under the United Nations
Declaration on the Rights of Indigenous Peoples Act.

In 1985, the second-generation cut-off was introduced as part of the Bill C-31 amendments and
created two general categories for registration under 6(1) and 6(2) of the Indian Act, each with a
different capacity to transmit entitlement to children. Individuals under these categories have
different capacities to transmit entitlement to their descendants, and individuals entitled under
6(2) cannot pass on that entitlement to their descendants alone. The second-generation cut-off
occurs after two consecutive generations of parenting with a person who is not entitled to
registration. After the second consecutive generation of a parent who is not entitled to
registration, the third generation is no longer entitled to registration.
Bill C-31 amendments were introduced in response to concerns raised by First Nations during
Parliamentary debates with respect to resource pressures and cultural erosion in First Nation
communities. First Nations expected a significant increase in registered individuals with no
current familial, kinship or community ties. The rationale for the inclusion of this cut-off was an
attempt to balance individual and collective rights with a view to protecting First Nation culture
and traditions. The second-generation cut-off is applied without consideration for individual or
family circumstances and the different categorization between 6(1) and 6(2) can cause issues
for registered individuals and their non-entitled children.
During the Collaborative Process of 2018-2019, a number of potential solutions for the second
generation cut-off were raised by First Nations. These included: “removing all cut-offs; shifting to
a one-parent rule (requiring only one parent to be registered); use of blood quantum; use of
DNA; removing the categories completely so people are either simply registered or not; transfer
of control to First Nations to decide who their people are.” In 2019, the Ministerial Special
Representative noted that the federal government must “urgently raise the awareness of this
issue and its impact on First Nation communities” and recommended “a separate and more indepth
consultation process begin to develop solutions to address this inequity.”
The UN Declaration Action Plan Item 8 of the commits to co-develop a consultation process on
broader reform issues while meeting the high thresholds for cooperation and consultation with
First Nations rights-holders.
On July 14, 2023, the Government launched the Collaborative Process on the Second-
Generation Cut-Off and Section 10 Voting Thresholds, a consultation process that will seek First
Nations’ recommended legislative remedies to these issues. The Minister of Indigenous
Services issued invitations welcoming 22 organizations to an Indigenous Advisory Process as
part of the co-development of the consultation process ahead. Co design and information
sharing will progress through the fall with consultation expected to start early in the new year.

If pressed on Consultation
• Indigenous Services Canada is developing consultation on this
issue through the lens of the United Nations Declaration on the
Rights of Indigenous Peoples Act.
• Indigenous Services Canada is committed to launching
consultation on the second-generation cut-off following a codevelopment
phase.
• Indigenous Services Canada welcomes broad participation in
this consultation, as we facilitate dialogue to determine the
preferences of our First Nations partners on a remedy for this
significant issue.