Question Period Note: Second-Generation Cut-Off

Indigenous identity is complex and deeply personal. Canada
understands that for many people, registration under the Indian
Act can be an important part of understanding their identity and
heritage.
• Indigenous Services Canada continues to hear from First
Nations that the second-generation cut-off is disrupting their
communities because of the limits it has on the transmittal of
status.
• Indigenous Services Canada is continuing to consult on
solutions to the cut-off in a manner that fulfills our 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 in-depth consultation process
begin to develop solutions to address this inequity.”
The Department anticipates a formal announcement on consultation for this issue in the
coming weeks. In the meantime, the Department continues to offer weekly virtual
information sessions on Bill C-38 for individuals, communities, and Indigenous
organizations. These sessions offer information on the current proposed amendments
and provide a forum for discussion around broader reform issues, including the secondgeneration cut-off.

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 as a priority.
• 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.