Question Period Note: Indian Act registration and membership reform

N.A.

• The Government of Canada is committed to addressing inequities and broader reform issues in registration and membership under the Indian Act.
• Through Bill S-2, the Government of Canada is bringing forward proposed amendments to the Indian Act that have been co-developed with Indigenous partners, to address some remaining inequities, including enfranchisement.
• While Indigenous Services Canada (ISC) works towards a remedy for enfranchisement, consultation on the second-generation cut-off and section 10 voting thresholds is underway.

Bill S-2
On May 29, 2025, Bill S-2, An Act to amend the Indian Act (new registration entitlements) was introduced in the Senate to continue efforts to address remaining inequities in the Indian Act. Bill S-2 continues the legacy of former Bill C-38, which was first introduced in December 2022 but did not pass before Parliament was dissolved in March 2025. The second reading of Bill S-2 in the Senate was completed on June 25, 2025. On August 19, 2025, the BC Supreme court issued a decision in the Nicholas case, granting the Department an extension until April 30, 2026 to implement Bill S-2. If the proposed amendments of Bill S-2 are passed, the legislation would:
• ensure persons with a family history of enfranchisement will be treated the same as those without
• support persons who wish to have their names removed from the Indian Register to apply for deregistration
• support women who were automatically transferred to their husbands' band to seek reaffiliation with their natal band (women and their direct descendants may apply)
• remove of outdated and offensive language related to dependent persons

Second-Generation Cut-off and Section 10 Voting Thresholds
In 1985, the second-generation cut-off was introduced as part of the Bill C-31 amendments, creating two general categories for registration under 6(1) and 6(2) of the Indian Act. Individuals under these categories have different capacities to pass on 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. 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.
To support First Nations in transitioning away from the Indian Act and reduce departmental control of membership lists, reform is required to address voting threshold concerns tied to an increase in entitlement to registration. On December 9, 2024, phase two of the consultation process on the second-generation cut-off and section 10 voting thresholds was launched with a call for proposals to First Nations for solutions to these issues. 90 First Nations and organizations expressed interest and the Department expects to receive proposed solutions from 76 of the 90 in December 2025. There were no measures announced in the November 2025 Federal Budget related to this work.

Auditor General Report on Registration under the Indian Act
The Auditor General’s Report on Registration under the Indian Act was tabled in the House of Commons on June 10th 2025. The report includes 7 recommendations, all of which ISC agrees on and is already working to implement:
1. Fully implement policies and procedures for processing registration applications, including training and certification of officials, quality assurance, and monitoring and compliance reviews.
2. Clearly and publicly identify service standard to process registration applications, including on its website for the registration program, and report publicly, and annually.
3. Analyze procedures to identify efficiencies to reduce average processing times; and establish and implement timelines and targets to reduce the backlog
4. With respect to processing protests: establish a service standard; report publicly each year; and, analyze procedures to identify efficiencies and reduce average processing time
5. Assess the effectiveness of communications products to determine if the department is meeting the diverse needs of First Nations, and address any gaps identified.
6. Engage with First Nations communities and tribal councils to review and update the funding model that it uses to compensate the work of community-based registration administrators.
7. Engage with trusted source organizations to identify a funding model that would meet their needs for predictable and stable funding and enable them to further support the program.

If pressed on Bill S-2

• Bill S-2 is currently being studied by the Senate committee on Indigenous People and Government of Canada commits to meeting the court deadline in the Nicholas litigation so that individuals with a history of enfranchisement can be registered under the Indian Act.

• Beyond enfranchisement, Bill S-2 also includes provisions for deregistration on request, supporting women to affiliate with their natal band, and removing outdated and offensive language.

• ISC will continue to support First Nations’ right to self-determination in transitioning away from the Indian Act. If pressed on Second-Generation Cut-off

• ISC is responding to the need for consultation on solutions to broader reform issues. First Nations have consistently recommended that a range of inequities in registration and membership be addressed.

• Currently, First Nations are developing solutions on the second- generation cut-off as part of consultation, fulfilling Measure 2.8 of the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan.

• The Government of Canada continues to hear from First Nations about the impacts of the second-generation cut-off and encourages broad participation in this process. If pressed on the Auditor General Report on Registration

• ISC welcomes the Auditor General’s report on Registration under the Indian Act and views this as a constructive opportunity to strengthen processes related to registration services.

• ISC is already taking a number of actions to improve the registration process including: reducing the backlog, updated training and certification for registration officers; and improvements in quality assurance.

• The recommendations, all of which ISC agrees with, are aligned with ongoing efforts to improve registration services.