Question Period Note: S-3 – Implementation

• We are pleased to have tabled the third report to Parliament on December 11, 2020, which provides a review of the implementation of S-3 and is available to the public online.

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

• While sex-based inequities have been eliminated, we recognize that other inequities exist.

• Monitoring efforts on the implementation of S-3 are underway while we work to address the non-sex based inequities remaining in registration.

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 is being stood up to support the processing of S-3 applications. 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 tabled the third report to Parliament on the review of S-3 on 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 received $21.2 million to support application processing over three fiscal years.

• We are hiring more staff and working on digital solutions and system enhancements. The Department remains committed to further improving processing capacity and client service.

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

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 and the Native Women’s Association of Canada, 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.