October 29, 2019

August 29, 2019

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Removal of the 1951 Cut-off

August 21, 2019

On August 15, 2019, the Government of Canada removed the 1951 cut-off from the Indian Act registration provisions. This was the last remaining provision of Bill S-3 to come into force. As a result, all known sex-based inequities in the Indian Act have been eliminated.  You can see the announcement here: 

 https://www.canada.ca/en/crown-indigenous-relations-northern-affairs/news/2019/08/removal-of-all-sex-based-inequities-in-the-indian-act.html

The removal of the 1951 cut-off ensures that all descendants born prior to April 17, 1985 (or of a marriage before that date) of women who lost status or were removed from band lists because of their marriage to a non-Indian man going back to 1869 will be entitled to registration. In addition to removing the 1951 cut-off from Indian registration, the legislation now in force will result in anyone previously entitled under the 6(1)(c) paragraphs of the Indian Act now being entitled under the new 6(1)(a) paragraphs.

 

Bringing Bill S-3 fully into force to ensure women receive the same rights as men is also in line with the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls to Justice.

 

Through the Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship, First Nations expressed support for Indigenous women’s right to Indian status through the removal of the 1951 cut-off. To review the report that was tabled in Parliament on what was heard during the consultation discussions on the Collaborative Process including the Minister’s Special Representative, Claudette Dumont-Smith’s full report and recommendations, please visit https://www.aadnc-aandc.gc.ca/eng/1560878580290/1560878705449.

 

In addition to bringing all remaining provisions of Bill S-3 into force, the Government of Canada is moving forward with implementing these recommendations and will continue to work with First Nation communities on the implementation of these measures. We will ensure that information on the new provisions is made available and engage with First Nations to monitor the impacts of these legislative changes over time, assess mobility trends of newly registered individuals, and we will factor this information into future funding decisions.

 

If you believe you are entitled to registration, please visit canada.ca/indian-status for more information.

 

The Collaborative Process Team
New Service Offerings Directorate
Crown-Indigenous Relations and Northern Affairs Canada
 

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