Question Period Note: S-3 – Implementation

• We are pleased to table the third report to Parliament which provides a review of the implementation of S-3.

• We committed to eliminating all sex-based discrimination in Indian Act registration, and we delivered on that promise.

• With S-3 in full force, sex-based inequities in the registration provisions of the Indian Act have been eliminated.

• These changes respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls' Calls for Justice, and to those women and their descendants who fought for these changes for decades.

In July 2016, the Government of Canada introduced a staged approach in response to the Descheneaux decision that included legislative amendments to the Indian Act to address sex-based inequities in registration. The first set of amendments came into force in 2017 to address issues that affected siblings, cousins, omitted minor children, and unknown/unstated parentage. Following consultations with First Nations during the Collaborative Process, further amendments removing what is known as the “1951 cut-off” came into force in August 2019 and eliminated all known sex-based inequities in registration.
Between 2018 and 2019, consultations were held across the country with Indigenous partners and more than 400 communities on how best to bring S-3 into force.

Implementation Process
To assist in application assessment and processing capacity, the Department introduced policy solutions, technical efficiencies and onboarded additional staff at the dedicated S-3 processing unit in Winnipeg. A satellite office in Quebec City that will manage S-3 applications is also being stood up. The Department continues to seek additional investments to improve processing capacity and client experience such as the development of online tools.

Under S-3 legislative amendments to the Indian Act, some individuals registered under subsection 6(2) could be eligible for a category amendment to 6(1) allowing the transfer of status to their descendants. The Department proactively automated over 125,000 category amendments to adhere to the new legislation and continues to automate such changes on an ongoing basis as applications are processed.

Additionally, the Department is obligated to be flexible in the documentation and genealogical evidence submitted by applicants and to assess the evidence in a manner that acknowledges the challenges of attaining certain evidence. All applications and supporting documentation are assessed on the balance of probabilities and not absolute proof.

The service standard remains 6 months to two (2) years for registration depending on the complexity of the file.

The Minister of Indigenous Services Canada is responsible for tabling the third report to Parliament on the review of S-3 by December 11, 2020. The Department is working collaboratively with First Nations partners on outreach and awareness activities to reach individuals who may be eligible for registration.

What the Department is doing to ensure a timely process:

• We are committed to processing applications in an efficient and timely manner.

• We have invested $21.2 million to support application processing.

• We are monitoring registration rates and other impacts to help inform future investments that may be needed.

• We are also hiring more staff and working on digital solutions and system enhancements and remain committed to further improving processing capacity and client service.
Raising awareness on S-3 and how to apply:

• Information sessions continue with First Nations communities and we are working with partners, including the Assembly of First Nations, on S-3 communications and awareness to reach those newly eligible for registration.

• We encourage applicants to visit the Department’s website or call the public enquiries line for information on how to apply.

• We will continue to work collaboratively with First Nations partners on outreach and awareness activities to reach individuals who may be eligible for registration.