S-2 (45-1) - An Act to amend the Indian Act (new registration entitlements)
Chamber
senate
Stage
3rd Reading
Introduced
May 29, 2025
Progress
This bill expands who can register as an Indian under the Indian Act, fixing historical discrimination identified in a court case.
Key Changes
- Expands eligibility for registration in the Indian Register to cover more people whose ancestors were removed under historical discriminatory provisions, including those affected by rules about enfranchisement and women who married non-Indigenous men
- Consolidates several existing registration eligibility paragraphs (d) and (e) of section 6(1)) into an expanded paragraph (a.1), simplifying the law
- Adds a new right for Band List membership for women who lost band membership upon marriage before 1985, and their direct descendants
- Creates a formal process for individuals to voluntarily remove their own name from the Indian Register
- Replaces the outdated term 'mentally incompetent Indian' with 'dependent person' throughout the Act
- Clarifies that descendants of newly eligible people retain their own registration entitlements even if an ancestor voluntarily removes their name from the Register
Gotchas
- The bill includes a liability shield: the federal government, its employees, and band councils cannot be sued for actions taken in good faith related to the removal or non-registration of names under these new provisions
- Voluntary removal from the Indian Register by one person does not eliminate the registration entitlements of their children, grandchildren, or other descendants
- Newly registered individuals gain the right to be added to Band Lists maintained by the Department, which could affect band resources, housing, and services without necessarily providing additional federal funding
- The bill responds specifically to the Nicholas v. Canada court challenge but may not address all outstanding Charter challenges to Indian Act registration provisions
- People who died before April 17, 1985 are deemed entitled to registration under the new rules, which primarily affects the eligibility of their living descendants rather than the deceased individuals themselves
Who's Affected
- Indigenous people who were previously denied Indian status due to historical discriminatory provisions
- Descendants of Indigenous women who lost status by marrying non-Indigenous men before 1985
- Descendants of people who were enfranchised (voluntarily or involuntarily removed from the Register) under old laws
- Indigenous people with cognitive impairments whose estates are managed under the Indian Act
- First Nations bands whose Band Lists may grow as newly registered individuals are added
Vibes
0 responses
Gotchas
- The bill includes a liability shield: the federal government, its employees, and band councils cannot be sued for actions taken in good faith related to the removal or non-registration of names under these new provisions
- Voluntary removal from the Indian Register by one person does not eliminate the registration entitlements of their children, grandchildren, or other descendants
- Newly registered individuals gain the right to be added to Band Lists maintained by the Department, which could affect band resources, housing, and services without necessarily providing additional federal funding
- The bill responds specifically to the Nicholas v. Canada court challenge but may not address all outstanding Charter challenges to Indian Act registration provisions
- People who died before April 17, 1985 are deemed entitled to registration under the new rules, which primarily affects the eligibility of their living descendants rather than the deceased individuals themselves
Summary
Bill S-2 amends the Indian Act to extend registration rights to more Indigenous people who were previously excluded due to discriminatory historical provisions. The changes respond to a court challenge called Nicholas v. Canada, where certain registration rules were found to violate the Canadian Charter of Rights and Freedoms. The bill restores or grants registration rights to people whose ancestors were removed from the Indian Register under old laws that unfairly stripped status from Indigenous women who married non-Indigenous men, people who were enfranchised (voluntarily or involuntarily gave up status), and others affected by outdated provisions. The bill also allows people to voluntarily remove their own names from the Indian Register, and clarifies that descendants of newly eligible people can also gain registration rights. It updates language in the Act by replacing the outdated and offensive term 'mentally incompetent Indian' with 'dependent person,' reflecting more respectful and modern terminology. The bill was introduced in the Senate by Senator Gold and affects Indigenous people across Canada who were previously denied status under rules that have since been recognized as discriminatory. It also grants newly registered individuals the right to be added to Band Lists maintained by Indigenous Services Canada.
Automatically generated from bill text using Claude
Vibes
0 responses
Recorded Votes
| Date | Description | Yeas | Nays | Result |
|---|---|---|---|---|
| Dec 4, 2025 | An Act to amend the Indian Act (new registration entitlements) – S-2 – Third Reading | 63 | 0 | Adopted |