Annual Report on Registration under the Indian Act, First Nations Membership and Status Cards - 2023

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ISSN: 2818-9469

A disclaimer on the use of the term Indian

Many First Nations people in Canada prefer not to describe themselves as Indians and view this term as rooted in colonialism and racism. Under the Indian Act, the precise legal meaning of the term Indian refers to persons who are entitled to registration.

Table of contents

Messages from Indigenous Services Canada

Message from the Deputy Minister

I am pleased to present the first annual report on registration under the Indian Act, First Nations membership and status cards, which highlights the important work undertaken by Indigenous Services Canada (ISC) during the 2023 calendar year, from receiving and processing more applications than ever before, to partnering with trusted sources to provide services closer to home, to advancing legislative changes to address remaining inequities in registration and membership.

These services continue to be a cornerstone in delivering on the department's mandate to collaborate with Indigenous partners to close socio-economic gaps and improve access to high-quality services. While the goal is to move beyond the Indian Act, registration, membership and status cards currently facilitate access to a range of services with wide-reaching tangible and intangible benefits to First Nations individuals, in the areas of health, housing, education, employment and more.

This report provides transparency and accountability to Indigenous rights-holders and Canadians on the department's commitments in relation to registration, membership and status cards. For the first time since the Final Report to Parliament on the Review of S-3 in December 2020, it highlights notable progress towards long-standing calls for substantive reform in registration and membership.

As ISC looks ahead, we will continue to improve accessibility, timeliness and trustworthiness in the registration process by working with Indigenous rights-holders to find solutions to the existing challenges and legal limitations within the Indian Act.

I invite you to read about this year's accomplishments and efforts to ensure that persons who are entitled to registration under the Indian Act have their rights recognized.

Gina Wilson
Deputy Minister, Indigenous Services Canada

Message from the Registrar

The removal of known sex-based inequities from the registration provisions of the Indian Act since legislative amendments in 2017 and 2019 could result in almost 256,000 newly registered persons by 2041, based on Statistics Canada's high projection assumption.Footnote 1 These amendments have enabled impacted persons to access a range of rights and benefits and resulted in an historic number of registration applications. They have also heightened the initial research required to establish entitlement to registration dating back to 1869, and this has, for some individuals, increased the time it takes to process their application.

Registration under the Indian Act requires an individual to demonstrate their degree of descent from ancestors who are registered, or entitled to be registered, and in some cases, the review of documentation from over one hundred years ago. Once ancestry is established, registration decisions for related family members often become simple and streamlined. This means every application decision rendered, whether it be a registration or denial, solidifies and strengthens the information in the Indian Register and helps reduce processing time for descendants' applications. Rendering decisions efficiently is important, but rendering decisions correctly is more important, as every decision impact generations of First Nations individuals.

As the statutory decision maker responsible for all registration decisions based on the provisions of the Indian Act, I take pride and care in exercising this responsibility and could not render decisions without the dedicated commitment of staff. This valuable work is supported by trusted source partners across the country who assist individuals in navigating the application process and providing culturally informed services. We recognize the wide-ranging impacts that registration has on First Nations individuals and communities and commit to overcoming barriers, misconceptions and unnecessary delays, while upholding the integrity of the Indian Register.

Claire Thie
Indian Registrar, Indigenous Services Canada

Executive summary

This first edition of the Annual Report on Registration under the Indian Act, First Nations Membership and Status Cards covers core program operations in the 2023 calendar year, wherein nearly 160,000 individuals received registration, membership and status card services. In 2023, Indigenous Services Canada (ISC) received and processed more registration and Secure Certificate of Indian Status (SCIS) applications than any year in the past 25 years. This is in part because ISC continued to receive and process applications from individuals impacted by the legislative changes made under S-3, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général).

This report does not capture all related program responsibilities, but rather focuses on the statutory responsibilities related to determining entitlement to registration and membership under the Indian Act and issuing proof of those entitlements. It also highlights the essential role of partners in bringing those services closer to individuals and delivering them in a culturally informed, community-based manner.

The report is intended to increase awareness, promote transparency and address misconceptions about the application process. Moreover, it delivers on reporting commitments outlined in the Government of Canada's response to the seventh report of the Standing Senate Committee on Indigenous Peoples (PDF) titled, "Make it stop! Ending the remaining discrimination in Indian registration (PDF)".

ISC welcomes the opportunity to demonstrate its efforts and progress towards improving service delivery and eliminating inequities in registration and membership.

Who might find this report interesting:

Service overview

Who we are

Indigenous Services Canada (ISC) works collaboratively with partners to improve access to high quality services for First Nations, Inuit and Métis. ISC's vision is to support and empower Indigenous peoples to independently deliver services and address the socio-economic conditions in their communities.

ISC provides registration, membership and status card services to First Nations persons who are entitled to be registered or are registered under the Indian Act.

While being registered under the Indian Act is not the sole marker of First Nation identity, being registered under the Indian Act provides a gateway to a wide range of essential rights and benefits that serve to honour and uphold the Government of Canada's commitments to entitled individuals. Registration has a significant and direct impact on their ability to exercise their rights and access the benefits associated with registration and membership.

Examples of Rights and BenefitsFootnote 3

Registration
  • Tax exemptions under section 87 of the Indian Act
  • Non-Insured Health Benefits (NIHB)
  • First Nations and Inuit Home and Community Care
  • Post-Secondary Student Support
  • University and College Entrance
  • Right to enter and remain in Canada under section 19 of the Immigration and Refugee Protection Act
  • Right to obtain work and stay permits under section 30 of the Immigration and Refugee Protection Act
  • Indigenous Business Directory
  • Firearms License Support
First Nations AffiliationFootnote 4
  • Funding support provided by the First Nation, for example education, housing and social services
  • Right to hold a Certificate of Possession of Lands
  • Right to participate in First Nations elections or referendums
  • Right to participate in settlement-related activities, for example, ratification votes and per capita distributions
  • Indian monies
  • Treaty annuity payments
  • Right to exercise treaty benefits, such as hunting, fishing or trapping in the treaty area

What we do

The Registrar, an ISC employee, has a statutory obligation under the Indian Act to maintain the Indian Register and its accuracy.

ISC assesses individual applications to determine entitlement to registration, membership and status cards. Persons entitled to registration have their name added in the Indian Register and affiliated to a First Nation. The Indian Register is the official record of persons registered under section 6 of the Indian Act and membership lists maintained under Section 11 of the Indian Act. Each person has a record in the Indian Register that lists their personal information, for example, name, date of birth, registration number, First Nation affiliation and ancestry. Affiliation in the Indian Register may not always result in membership, rather membership depends on whether the First Nation's membership list is maintained by ISC or the First Nation.

If the First Nation's membership list is maintained by ISC under section 11 of the Indian Act, affiliated persons automatically become a member of that First Nation.

If the First Nation maintains its own membership list under section 10 of the Indian Act or a self-government agreement, affiliated persons do not automatically become a member of that First Nation. To become a member, affiliated persons need to apply to the First Nation as the First Nation determines who is a member based on their own membership rules.

That distinction between registration and membership supports First Nations self-determination. ISC encourages First Nations to explore paths to assuming control of their membership under section 10 of the Indian Act or by negotiating self-government agreements and modern treaties through Crown-Indigenous Relations and Northern Affairs Canada.

ISC also supports individuals and First Nations communities in exercising their right to protest the addition, omission, deletion or incorrect category code (for example, registration under section 6(2) instead of 6(1)), of a person in the Indian Register or on a membership list maintained by ISC. Once a protest is received, the Registrar conducts an investigation that requires the assessment of all evidence provided by the protestee and/or the protestor and held within departmental records. In some cases, additional information may be requested from the protestee and/or the protestor, as well as from third parties, such as provincial or territorial agencies. As a last measure of recourse, the courts serve as an independent mechanism to review registration decisions, should the individual or First Nation disagree with the protest decision. Each step of the process must be conducted with due diligence and procedural fairness.Footnote 5

In addition to the significant impacts of registration on First Nations individuals, the number of persons added to the Indian Register or affiliated to a First Nation serves as the foundational data source for population numbers. While the Indian Register does not represent the entire First Nations population, maintaining its accuracy is crucial as First Nations and federal, provincial and territorial government departments rely heavily on it in understanding the resources required to deliver services and ensuring those services are only provided to entitled persons.

The Government of Canada has a responsibility to ensure information about policies, programs, services and initiatives is transparently communicated. ISC has made deliberate efforts to raise awareness on changes to registration, make registration more accessible and address misconceptions regarding registration.

Who we serve

While we primarily serve the First Nations population, registration is entirely voluntary. As a result, not all First Nations persons are registered because they may not be entitled or prefer not to apply for personal reasons.

ISC acknowledges there are persisting inequities in registration under the Indian Act stemming from historical assimilationist policies, which may also limit a person's entitlement. The United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan 2023-2028 commits to address some of these inequities through:

Canada also acknowledges that further reforms are necessary to fully remedy inequities in registration and the residual impacts continue to be felt through the lived experiences of First Nations individuals and communities today.

While raising awareness on recent legislative changes and proposed reforms remains a primary focus at this time, Canada will continue working towards more comprehensive reforms with First Nations rights-holders.

ISC also supports registered persons by working with other federal, provincial and territorial government departments to verify an individual's registration status or entitlement to registration. Those verifications help protect an individual's identity, prevent misuse and facilitate access to rights and benefits for registered persons.

Registered persons in Canada
Text alternative for Registered persons in Canada

Total registered persons in Canada as of December 31, 2023: 1,088,567

  • Registered population by gender:
    • Male: 535,633
    • Female: 552,710
    • Another Gender: 224
  • Registered population by province and territory (highest to lowest population):
    • Ontario: 236,959 or 22%
    • Saskatchewan: 175,533 or 16%
    • Manitoba: 173,976 or 16%
    • British Columbia: 158,040 or 15%
    • Alberta: 140,345 or 13%
    • Quebec: 103,036 or 9%
    • Atlantic: 70,300 or 6%
    • Northwest Territories: 20,399 or 2%
    • Yukon: 9,979 or 1%

Registration does not confirm whether a person is Indigenous, but rather whether that person is entitled to be registered under the Indian Act. That means the identity of individuals, such as non-registered First Nations, Inuit and Métis, all of whom are Indigenous, cannot be confirmed by the Indian Act.

The registered population does not include the non-registered First Nations population. For a more fulsome overview of Indigenous populations in Canada, Statistics Canada provides data regarding persons who self-identify as Indigenous on a range of topics.

Operating context

Historical impacts on application processing

Registration and First Nation membership has a longstanding legislative and operational history that is embedded within systems of colonialism toward Indigenous peoples in Canada. It is important to understand how this history has impacted registration under the Indian Act and First Nations membership within Canada and how ISC is working with Indigenous peoples to make necessary changes moving forward.

Legislation related to defining an Indian in Canada has been in place and historically contained provisions that resulted in differential treatment on the basis of sex, date of birth, marriage, divorce, adoptions, enfranchisement, scrip-taking and other factors impacting registration. While several amendments have since been enacted to comply with the Canadian Charter of Rights and Freedoms and eliminate all known sex-based inequities, the Indian Act registration and membership provisions continue to be in critical need of reform.

Due to this evolving and complex legislative history, ensuring that the registration provisions are applied accurately and consistently often requires in-depth research and specialized knowledge. Researchers are required to assess how current and historical legislation applies to generations of ancestors while taking into account several life events before making an entitlement determination for a specific application.

Records to establish entitlement to registration under the Indian Act are often missing or unclear. To facilitate decision-making where evidence to demonstrate entitlement is limited, ISC has established processes to consider and assess individual circumstances on a balance of probabilities, as opposed to certainty or beyond a reasonable doubt. ISC recognizes that obtaining the necessary documentation can prove difficult for applicants, which results in some decisions taking longer than usual, but it is essential to ensuring fair and accurate decision-making.

As legislation changes and new evidence is brought forward, some past decisions may need to be reviewed on a reactive basis to ensure that ancestors' entitlement to registration and membership are fully assessed based on the current provisions of the Indian Act. Once ancestors are assessed, registration often becomes faster and less administratively burdensome for their descendants.

Decentralized processing approach

Since not all registration applications require the same level of research and expertise, ISC has implemented a decentralized approach by processing applications across the country.

Regional offices balance the need for in-person client service and expedite processing when entitlement is clearly established, while other national processing units build specialized teams to understand how an individual's unique ancestral history may have been impacted by legislative changes or other specific circumstances.

Registration and status card services are delivered through national and regional offices across Canada, and in partnership with trusted partners, who are critical in providing services to individuals closer to home.

Canada works in collaboration with service providers to facilitate application processing, including:

  • nearly 600 registration administrators in 523 First Nations
  • 3 national processing units with 187 processing staff
  • 15 regional offices with approximately 100 staff delivering client service and processing requests
  • 27 trusted source partners
  • federal, provincial and territorial government department partners

Steps of the Application Process

  • Step 1: Application received
    • in person at a regional office, First Nations office or trusted source
    • by mail
  • Step 2: Application assessed
    • Confirm an individual's identity
    • Assess application completeness
    • Send to the appropriate national processing unit, if necessary
  • Step 3: Entitlement determined
    • Review all documents submitted and available information within departmental records
    • Seek more information from the applicant and/or provincial or territorial authorities, if necessary
    • Take into account multi-generational life events to apply the registration provisions of the Indian Act
  • Step 4: Registration decision verified
    • Quality assurance process to ensure accurate decision-making
    • Letter sent to communicate the decision to the applicant and registration administrator
    • SCIS issued, if requested
In some cases
  • Protest: Investigation conducted
    • Individual, band council or any member submits a protest in-writing within 3 years of the decision
    • ISC conducts an investigation
    • Letter is sent to communicate the decision to the protestor and/or protestee
  • Appeals: Decision appealed to the courts
    • Individual, band council or any member submits an appeal to the courts within 6 months of the decision
    • Court issues a decision or refers the case back to the Registrar for reconsideration or further investigation

Factors impacting application processing

Increased registration volumes

The annual number of applicationsFootnote 6 has risen from 26,507 in 2016 to a high of 40,950 in 2023, showing greater awareness of and access to registration since S-3, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général) fully came into force on August 15, 2019.

In 2023, 46,420 registration decisions were rendered, resulting in a reduction in the number of outstanding applications from previous years. ISC will continue efforts year over year to process more applications than received as part of the department's commitment to shorter processing times for individuals.

While ISC is committed to minimizing processing times, some applications may require extensive research to maintain the integrity of the Indian Register. Although timely registration is critically important, ISC emphasizes that the accuracy of decision-making cannot be compromised for efficiency and that both must be valued. For this reason, it is unlikely that all registration applications can be processed within a 10-day service standard in the near future, as recommended by the Standing Senate Committee on Indigenous Peoples.Footnote 7

Registration Volumes
Text alternative for Registration Volumes
Year Registration applications received Persons registered
2016 26,507 21,704
2017 26,482 21,881
2018 26,249 15,906
2019 28,339 19,069
2020 19,236 17,581
2021 26,823 26,292
2022 33,405 30,136
2023 40,950 32,784

Increased Secure Certificate of Indian Status volumes

ISC has made a wide range of efforts over the past several years to make registration and the SCIS more accessible to individuals and streamline the application process. Since the introduction of the SCIS in 2009, there has been a significant increase in application rates.

In 2023, ISC received and processed the highest number of SCIS applications yet, representing more than 10% of the registered population in a single year. The department issued 102,014 SCIS with more than a 90% application success rate. Because the SCIS is issued after a person is registered, delays in card issuance are oftentimes from individuals waiting to be registered. Since registration volumes have increased, the volume of status cards issued have increased as well.

Secure Certificate of Indian Status Volumes
Text alternative for Secure Certificate of Indian Status Volumes
Year Total SCIS Issued
2010 9,792
2011 6,089
2012 53,304
2013 44,231
2014 34,948
2015 33,623
2016 34,178
2017 35,213
2018 44,303
2019 54,316
2020 36,513
2021 44,833
2022 72,018
2023 102,014

Part of this success in processing SCIS applications can be attributed to the new online digital tool, available for in-person applications in regional offices that asks easy-to-follow, step-by-step questions to ensure complete applications are submitted. The new digital tool represents a significant move beyond the traditional paper-based and mail-in application process.

Settlements

Registration and SCIS issuance are demand-based programs, making it challenging to predict application volumes, enhance capacity and minimize processing times quickly enough.

There are currently a number of settlements underway to compensate Indigenous individuals and communities to address historical injustices, honor treaty rights and support reconciliation, which may also contribute to difficulties in predicting application volumes.

ISC supports the settlement process by rendering registration decisions and providing individual or aggregate data from the registration system. It also leads to increased demands for priority processing, as registration may impact a person's ability to participate in settlement related activities.

Some examples of recent settlements include the Restoule settlements, agricultural benefits settlements, Sixties Scoop settlement, land-related settlements, drinking water settlements and settlements related to child and family service administration.

Strike

Program operations were further affected by the Public Service Alliance of Canada (PSAC) strike action, which temporarily reduced processing capacity for registration and SCIS applications for eight working days between April 19, 2023 and May 1, 2023.

It is estimated that an additional 1,500 registration applications and 3,350 SCIS applications would have been processed during this period had the strike not occurred, which had a minimal impact on the number of applications processed annually.

ISC has contingency plans for situations that may impact operations and client services, including web site alerts about service disruptions and/or delays, and catch-up plans for when normal service resumes.

Access to identification in emergency situations

The SCIS is a piece of government-issued photo identification that facilitates access to a wide range of rights and benefits, such as housing, healthcare, employment and education.

ISC and First Nations offices regularly provide support in emergency situations by issuing status cards and temporary confirmation of registration documents to individuals experiencing wildfires, floods or evacuations. In 2023, the frequency and severity of emergency situations increased the demand.

Future impacts on processing

ISC recognizes the challenges that individuals face throughout the registration, membership and SCIS application processes and is actively working to innovate and improve services. In the years ahead, ISC will continue improvements based on three guiding principles:

Accessible:
  • Inequities in the Indian Act are addressed through legislative reform
  • Applicants can apply in the way that best suits their needs: in-person, by mail or online
  • Applicants have access to culturally informed support in the application process through registration administrators and trusted sources without travelling long distances
Trusted
  • Applicants feel that decision-making is fair, accurate and consistent
  • Service providers trust the status card as a reliable form of government-issued identification for access to rights, benefits, programs and services
  • Applicants are aware of their right to protest and appeal under section 14 of the Indian Act, should they disagree with the entitlement decision on an application
Timely
  • Processing times are reduced for all applications
  • Common reasons for application processing delays, such as missing documentation, are significantly reduced through digital application services and improved communication strategies

Registration: 2023 in numbers

Text alternative for registration applications 2023

This infographic depicts key information and statistics related to registration applications for the 2023 calendar year.

  • Registration application processing times:
    • Applications from individuals born after 1985 with already registered parents applying through a regional office: national average of 6 weeksFootnote 8
    • Applications impacted by recent legislative changes to the Indian Act: 6 months
    • Applications that require more information: Up to 2 years or more in some casesFootnote 9
  • Registration application volumes:
    • Registration applications received: 40,950Footnote 10
    • Pegistration decisions rendered: 46,420Footnote 11
    • Persons registered: 32,784
    • Denied: 3,610 persons
  • Protests and appeals volumes:
    • Notice of protests receive: 224Footnote 12
    • Notices of protest assessed for validity: 329Footnote 13
    • Protest decisions rendered: 5
    • Decisions appealed to the courts: 0

Secure Certificate of Indian Status: 2023 in numbers

Text alternative for status card applications 2023

This infographic depicts key information and statistics related to status card applications for the 2023 calendar year.

  • Status card application processing times
    • Secure Certificate of Indian Status: Average of 19 weeks processed by ISCFootnote 14
    • Certificate of Indian Status: On-the-spot processed by First Nations
  • SCIS application volumes
    • SCIS applications received: 107,224
    • SCIS applications processed: 113,112
    • SCIS issued: 102,014

Reporting limitations

Processing times are based on the date the application is received. An individual may be given from 90 to 120 days to provide additional information to support their application, while maintaining their place in the processing queue to prevent further delays.

ISC is currently evaluating its decentralized processing approach, which impacts the ability to provide precise and accurate processing times for all applications. In the current state, processing times may vary depending on where and how the application was submitted and the genealogical research required for the application. Future annual reports will aim to provide improved data on application processing times.

ISC only collects data necessary to meet its legislative obligations under the Indian Act and support the provision of rights and benefits to entitled and registered individuals. There are no immediate plans to expand data collection for research purposes.

Legislative reform of registration under the Indian Act

The Government of Canada has formally acknowledged that the Indian Act is an outdated colonial statute. On registration specifically, ISC has shown a commitment to its reform through previous amendments and working towards future changes.

C-31 (1985)

  • Women no longer transferred to husband's First Nation on marriage
  • All enfranchisement provisions, voluntary and involuntary, are removed and enfranchised individuals reinstated
  • Section 10 introduces the ability for First Nations to determine their own membership
  • Children are treated equally, whether they are born in or out of marriage, biological or adopted

C-3 (2011)

  • Entitled grandchildren of those who lost status due to marrying a non-entitled man prior to 1985
  • Introduced the 1951 cut-off as a criteria under the provision 6(1)(c.1) Footnote 15

S-3 (2017 and 2019)

  • Addressed inequities between siblings, cousins, removed or omitted minor children and persons with unknown or unstated parentage (2017)
  • Removed the 1951 cut-off, extending entitlement to generations dating back to 1869 (2019)
  • Repealed paragraph 6(1)(c) and 6(1)(c.1) and replaced it with subsections 6(1)(a.1 to a.3)

Bill C-38 (Introduced December 14, 2022)

  • If passed, proposed amendments will:
    • ensure persons with a family history of enfranchisement will be treated the same as those without
    • enable persons who wish to have their names removed from the Indian Register to apply for deregistration
    • enable women who were automatically transferred to their husbands' First Nation and their descendants to seek reaffiliation with their natal First Nation
    • remove dated language regarding dependent persons from the Indian Act

Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds – (Launched November 20, 2023)

  • Consultation will occur with First Nations rights-holders to address:
    • the second-generation cut-off
    • voting thresholds for First Nations to determine their own membership

ISC recognizes that Indian Act reforms have historically aimed to address targeted issues, and in some cases, caused new inequities to arise, including through the creation of the second-generation cut-off as a result of Bill C-31. While current reforms do not address all known issues in registration and membership, the introduction of Bill C-38, An Act to amend the Indian Act (new registration entitlements), and the launch of the Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds demonstrate a meaningful efforts to shift away from past approaches by proactively seeking bold solutions to remaining inequities in the Indian Act, without the impetus of litigation.

It also underscores the importance of collaborating with First Nations rights-holders, who must be the drivers of all proposed solutions on Indian Act reforms. A piecemeal approach to reform does not adequately address concerns from First Nations communities and individuals; however, adequate time and careful consideration is required to allow for wide and meaningful consultation and ensure that any proposed changes do not create unintended consequences on future generations, without ignoring the imperative to act in a timely way for those who continue to live with the impacts today.

Addressing known sex-based inequities in registration

S-3 removed "the 1951 cut-off" and known sex-based inequities in the registration provisions of the Indian Act that have affected women and their descendants for generations. These changes are a testament to the perseverance and advocacy of Indigenous women, leaders and allies over decades and respond to longstanding concerns raised by First Nations Peoples, the United Nations Humans Rights Committee, the National Inquiry into Missing and Murdered Indigenous Women and Girls and other key stakeholders.

Despite important steps towards greater equity in registration, the Government of Canada recognizes that a legislative remedy does not address the extended harm caused by the patriarchal, colonial and discriminatory attitudes within the Indian Act, such as the historical loss of benefits, rights and community connection. It also does not address remaining inequities or known inequities in the membership provisions of the Indian Act, such as the loss of natal First Nations affiliation that Bill C-38 seeks to address. These historical injustices must continue to be addressed through further legislative changes to the Indian Act such as Bill C-38 and government-wide efforts underway, including the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan 2023-2028, the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan, and the Truth and Reconciliation Commission Calls to Action.

In preparation for S-3, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général), demographic estimates on the number of individuals who would become newly entitled to registration and who would actually register were based on the best information available at the time from Stewart Clatworthy and the Parliamentary Budget Officer (PBO). In 2021, after S-3 came into force, Statistics Canada developed a more up-to-date and time-specific set of estimates regarding the number of individuals who would register under S-3 from 2018 to 2041. The differences between the estimates from Statistics Canada, Stewart Clatworthy and the PBO are explained in a response to the Senate (PDF).

Projection assumptions on registrations under S-3 in 2021

256,000 persons could be newly registered between 2018 and 2041, based on the highest assumption by Statistics Canada

Sources: 2016 Census of Population, 2021 Indian Register data, Clatworthy (2017), PBO (2017) and input from ISC

S-3 application processing

In 2023, ISC continued to receive and process applications from individuals impacted by S-3, which came into effect in two phases: on December 22, 2017 and August 15, 2019.

Looking at implementation since January 1, 2018, ISC has received approximately 73,000 applications under S-3, with nearly 50,000 people being registered as a result. The number of registrations has exceeded Statistics Canada's high assumption that approximately 49,000 new registrations under S-3 would occur by the end of 2023. S-3 applications are a subset of registration applications and represented 49% of all registrations in 2023.

At this point of S-3 implementation, ISC has been processing most applications within its six-month service standard since September 2022. Overall, processing times continue to improve for all applicants, not only persons impacted by S-3.

The Final Report to Parliament on the Review of S-3: December 2020 recognized that S-3 legally achieved its objective of equalizing the treatment of men and women but acknowledged that a number of outstanding inequities in the registration and membership provisions remained and required redress.Footnote 16

As noted in the final report, ISC is committed to collaborating on solutions and discussions with First Nations and Indigenous partners to best address those remaining issues.

Addressing remaining inequities in registration

Enfranchisement

In March 2022, the Minister of Indigenous Services confirmed the Government of Canada's commitment to follow through on the findings of prior national consultations, such as the 2018 Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship, and to address enfranchisement-related inequities in the Indian Act in a timely manner.

Canada's willingness to advance solutions on remaining inequities was first demonstrated by the response to the Hele c. Attorney General of Canada, 2020 QCCS 2406 court ruling, which reversed the enfranchisement of unmarried women between 1951 and 1985. That response resulted in quick compliance with the court ruling and more than 600 registration category amendments that enabled these individuals to transmit entitlement for registration to their descendants.

While ISC does not hold updated address information to communicate directly with impacted individuals, the department's website informed individuals of the category amendments and provided information on Canada's response. Additionally, registration administrators in First Nations communities are notified of changes in affiliated person's registration information, including category codes, by letter and through regular monthly reports.

In June 2021, on behalf of 16 individual plaintiffs, Juristes Power Law launched a Charter challenge seeking to end the inequities and exclusion faced by families descended from persons who were enfranchised under earlier versions of the Indian Act. This is referred to as the Nicholas v. AGC civil claim.

In response, ISC held engagement activities from August to December 2022 to inform the drafting of legislative amendments to the Indian Act.

On December 14, 2022, Bill C-38, An Act to amend the Indian Act (new registration entitlements), was introduced in Parliament. The bill reached the second reading stage on October 20, 2023 and resumed on March 22, 2024Footnote 17. If you believe you are impacted by a family history of Enfranchisement, it is recommended that you submit an application. The Department has established a hold process to ensure efficient application processing for people whose entitlement would be established when Bill C-38 receives Royal Assent or until it becomes clear that it won't move forward.

The proposed amendments would ensure that individuals with a family history of enfranchisement are treated the same as those without, and fully address legislative inequities related to enfranchisement. The bill would also proactively address other issues raised during the consultation held in 2018-2019, including voluntary deregistration, natal band membership and some outdated and offensive language in the Indian Act related to dependent persons, where solutions identified during consultation and engagement sessions were clear.

Those sessions began with a presentation on every issue and proposed amendment to facilitate discussions and ensure meaningful conversations. Sessions offered a space for participants to voice their thoughts, concerns and suggestions on the proposed amendments and what implementation should look like in the future.

Following the introduction of Bill C-38, information sessions and direct engagement with interested individuals and organizations have continued.

Among the many engagement sessions held, the following were commonly raised:

  • participants frequently asked about the timeline of Bill C-38's coming into force.
  • several participants expressed disappointment around the slowness and uncertainty of the parliamentary progress and legislative process
  • participants were critical of the short timeline for engagement; however, they were more understanding once they understood consultation had already taken place
  • participants often asked why the second-generation cut-off was not immediately addressed under Bill C-38
  • some participants noted the term Indian is colonial and offensive, although calls for repeal were more tempered, underscoring the importance of recognition by the Government of Canada

ISC continues to actively communicate with participants and share new information as it becomes available.

Total number of engagement sessions for Bill C-38

  • 50 individual sessions
  • 95 organizational sessions
  • 40 government sessions
  • 55 sessions with First Nations communities

The Minister of Indigenous Services has continually expressed a deep personal commitment to ensuring that Bill C-38 proceeds and passes.

On June 26, 2023, the Minister said:

"Thousands of First Nations people have been denied their status and discriminated against … We tabled Bill C-38 as a step to fix that. I want to assure partners that we have the firm intention of debating and passing this bill as soon as possible when the House resumes in the fall. There is a lot more work to do, but this is a piece I am personally committed to get done. We hope we can count on the opposition's collaboration, and I look forward to working hand in hand with Indigenous partners to study and improve that bill during the parliamentary process."

Second-generation cut-off and section 10 voting thresholds

On November 20, 2023, ISC launched the Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds, a consultation process to seek First Nations recommended legislative remedies to those issues.

Second-Generation cut-off

C-31 created two distinct registration categories under subsubsections 6(1) and 6(2) of the Indian Act. Persons entitled under 6(1) can transmit entitlement, while persons entitled under 6(2) can only transmit entitlement to their descendants if they parent with another entitled person. In other words, entitlement is cut-off after the second-generation of parenting with a non-entitled person.

Registered persons by 6(1) and 6(2) category codes

Text alternative for Registered persons by 6(1) and 6(2) category codes
  • Total registered population as of December 31, 2023: 1,088,567
    • Persons registered 6(1): 776,531
    • persons registered 6(2): 312,036

During the 2018-2019 collaborative process, it was found that a separate and more in-depth consultation is required to determine how best to address the second-generation cut-off. It is not about whether to address the second-generation cut-off, but about how to remedy the issue.

Indigenous rights-holders have regularly reiterated the importance of adequately addressing resource pressures that would result from any comprehensive change.

Section 10 voting thresholds

C-31 enabled First Nations to assume control of their membership under section 10 of the Indian Act with the consent of their electors. The intent to assume control must be approved by a majority of the majority (double majority) of the electorsFootnote 18. In other words, a majority of the eligible electors of the band must vote, and a majority of those who vote must be in favor. Since 1987, nearly 70 First Nations have initiated the process, but many have been unable to meet this threshold due to challenges reaching electors.

First Nations by control of membership

Text alternative for First Nations by control of membership
  • First Nations recognized by ISC/CIRNAC in Canada: 619
    • Membership lists maintained by ISC: 350
    • Membership lists maintained by First Nation under section 10: 229
    • Membership lists maintained through self-government agreements or modern treaties: 40

The Minister of Indigenous Services issued invitations welcoming 22 indigenous organizations to an Indigenous Advisory Process as part of the co-development of the consultation process ahead, which 17 organizations accepted. That proactive work is not driven by the impetus of litigation and will continue to progress through 2024.

The co-development and information sharing phase includes:

  • The Indigenous Advisory Process to co-design the consultation events and activities
  • The Rights-Holders Information Sharing Initiative to share materials and information on the issues, including providing data sheets to each First Nation on the impact of the second-generation cut-off

The consultation activities and events phase to seek First Nation and Indigenous-led solutions will be designed and implemented based on the research and recommendations provided through the Indigenous Advisory Process during the Co-Development and Information Sharing Phase and any preliminary feedback from Indigenous rights-holders and impacted persons.

Implementation of the United Nation Declaration on the Rights of Indigenous Peoples Act (UNDA)

Registration has deep personal and powerful consequences on First Nations individuals and communities, demonstrated by the diverse range of perspectives on key issues related to registration. Any changes to the registration provisions of the Indian Act need to be based on the perspectives of Indigenous rights-holders and the principles of the United Nation Declaration on the Rights of Indigenous Peoples Act (UNDA).

Canada's UNDA action plan includes three interconnected items on civil and political rights that focus on removing remaining inequities in the registration and membership provisions of the Indian Act or moving away from Indian Act registration and membership provisions toward citizenship.

  • Measure 2.7: Support the adoption of Bill C-38, which seeks to address discrimination in the registration and membership provisions of the Indian Act.
  • Measure 2.8: Co-develop a collaborative consultation process on a suite of broader reforms relating to registration and band membership issues, prior to any transition away from the Indian Act. Seek to make the Act's registration and band membership provisions more consistent with the declaration, until a clear consensus on a way forward on comprehensive change or the Act's repeal is possible.
  • Measure 2.9: Consult First Nations and other impacted Indigenous groups to support the co-development of opt-in alternatives to Indian Act registration and membership (First Nation citizenship).

Bill C-38 and the Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds aim to support the Government of Canada's commitment to the UNDA action plan. While the registration provisions require further reform, the significance of recognizing individual's rights under the Indian Act should not be undervalued. Any changes to registration should be handled with care, compassion and the necessary level of consideration from Indigenous rights-holders.

Population projections

ISC continues to leverage the best available projections on the Indigenous population to anticipate the impacts of potential legislative reforms to the Indian Act. This ensures that timely and relevant data informs the policies and programs of the Government of Canada, Indigenous organizations and the Canadian public.

In collaboration with Statistics Canada's Centre for Demography, ISC has developed new population projections for individuals registered under the Indian Act from 2021 to 2066. These projections are based on 2021 Indian Register data adjusted for unreported deaths and delayed birth registrations. Comparably to the 2016 to 2041 projections for S-3, they encompass three scenarios of low, medium, and high population growth, with each scenario integrating specific assumptions regarding fertility, mortality, mixed unions, migration and legislative changes.

Registered population projections: 2021-2066 (3 scenarios)Footnote 19
Text alternative for Registered population projections: 2021-2066 (3 scenarios)

The table above demonstrates the anticipated annual growth of the registered population based on the Indian Act enforced today and the proposed changes under Bill C-38.

There are three lines in the table:

  • A low projection, which includes key data points where the registered population grows from 1,108,000 in 2026 to 1,204,000 in 2046, and up to 1,206,000 in 2066
  • A medium projection, which includes key data points where the registered population grows from 1,119,000 in 2026 to 1,257,000 in 2046, and up to 1,300,000 in 2066
  • A high projection, which includes key data points where the registered population grows from 1,160,000 in 2026 to 1,524,000 in 2046, and up to 1,606,000 in 2066

The low, medium and high projections below demonstrate the anticipated growth of the registered population based on the Indian Act in force today and the proposed changes under Bill C-38, should it be enacted. Of the total registrations estimated, approximately 6,200 registrations may take place over 14 years as a result of Bill C-38.Footnote 20 ISC uses the highest growth assumption to anticipate the number of registration applications and plan for workload management.

ISC further disaggregates regional projections of the registered population into First Nation-level projections using the share-of-growth method. This established demographic approach allocates each community a share of the projected population growth based on its historical contribution to the growth of its parent region. Currently, First Nation-level projections are available for the 2021-2066 period.Footnote 21 Regional and First Nations projections are updated every 5 years.

To support the Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds, ISC also shared community-specific data sheets to demonstrate the impact of the second-generation cut-off by outlining the number of persons currently registered under section 6(2) of the Indian Act and the percentage of the population that will be unable to transmit entitlement to registration to their descendants without further legislative reform.

It's important to note that these projections are forecasts, not statistical predictions or precise estimates. Their accuracy may vary due to different factors, with reliability decreasing further into the future, especially for smaller communities where a single individual can significantly impact population counts. Therefore, it is recommended not to use First Nation-level projections beyond 10 years for needs planning and financial forecasting.

Service improvement initiatives in 2023

Service delivery

ISC is dedicated to enhancing service delivery by implementing innovative solutions and fostering collaboration with Indigenous communities. The ongoing initiatives below will not only reduce processing times and simplify the application process, but also ensure clients receive timely and culturally responsive support.

Trusted sources

A trusted source is a designated registration administrator, organization or provincial, territorial or federal government department who can help individuals complete an application for registration and a status card.

They serve as additional points of service to expand access beyond ISC regional offices, including for persons residing off reserve, and support wider efforts to transfer service delivery to Indigenous peoples.

Trusted sources for registration and status card applicationsFootnote 22
Text alternative for the map of trusted sources

The graphic provides a map of trusted source offices across provinces and territories and 523 First Nations offices offering registration and/or status card services.

Registration administrators

Registration administrators in First Nations communities, also known as membership clerks or other professional titles, are persons selected by First Nations to assist with registration, membership and status cards in a culturally informed manner specific to their community. Registration administrators are compensated by ISC through contribution funding.

Their support has been improved through online training to expand and strengthen community-level and community-led service provision.

  • Nearly 600 registration administrators are trained to support applicants across 523 First Nations communities
  • Training is provided on an ongoing basis to account for new registration administrators or enhance existing knowledge
  • The number of training participants increased from 273 in 2022 to 311 in 2023.
  • 168 registration administrators have been certified to examine original proof of birth documents for registration applications to ensure authenticity and better assist applicants who no longer need to mail in their original document

Also, to prevent the fraudulent reproduction of the laminated-paper status card, additional security features have recently been added to the Certificate of Indian Status issued in First Nation offices.

Sample of Certificate of Indian Status
Text alternative for Sample of Certificate of Indian Status

The graphic above provides a sample of the Certificate of Indian status and identifies the new security features added, which include:

  • secure holographic foil in the header
  • micro text below the header
  • a watermark visible when light is cast against the card
  • chemically reactive agents visible when a chemical alteration is attempted
  • visible and invisible fibers that can be detected both with the naked eye and a UV light

Designated partners

In addition to registration administrators, ISC designates trusted source partners to support individuals in the application process. Those organizations help to fill service gaps and expand points of service in urban and other areas.

Trusted sources Locations Staff trained SCIS applications facilitated
27Footnote 23 30 191 19,604

Additionally, some trusted sources expanded their services to facilitate registration applications, with 45 individuals successfully trained from 11 partner organizations. ISC is continuously developing and funding new partnerships to help bring services closer to individuals and encourages new and existing trusted sources to find out how they can support the application process by emailing sourcesfiables-trustedsources@sac-isc.gc.ca.

Government-to-government

ISC works alongside other federal government departments and provincial and territorial governments to support individuals with the application process or to validate the registration of individuals seeking benefits and services. Some of these partnerships also help ISC provide targeted support to vulnerable populations.

Correctional Services Canada
Helps incarcerated or newly released persons access federal identificationFootnote 24
Canada Border Services Agency
Facilitates Canada-U.S. border crossing
Provicial Ministeries of Finance
Provides point-of-sale tax exemptions on the spotFootnote 25

Digital transformation

Digital application solutions

ISC is implementing digital solutions to modernize the application process, as a more efficient alternative to paper-based and mail-in applications.

At this time, applicants can apply for the SCIS in regional offices across Canada through a digital application process. ISC also completed outreach events to bring that new process closer to communities. When using the new digital application process, applicants 18 or older can also easily choose to have their treaty payment paid to them.

Based on user experience, ISC is enhancing this process with the intention of building an online application, including registration services, for use anytime anywhere.

More than 19,451 SCIS applications were received through the digital application process with an average time of eight minutes per application, compared to 20 minutes or more through the paper-based process.

Cost-free digital Secure Certificate of Indian Status photos

In 2019, ISC launched a cost-free, easy to use SCIS Photo App to enable applicants to take and submit a photo for the SCIS with their smartphone. The app eliminates the cost of a photographer and makes the application process more accessible and convenient to individuals and First Nations communities across the country.

In 2023, applicants saved approximately $650,000 using the SCIS Photo App, based on the average cost of a passport photo available through a retailer. Since the app's launch in 2019, applicants have saved more than $3.2 million.Footnote 26

Process improvements

Simplifying the renewal of the Secure Certificate of Indian Status

Launched in September 2023, the cost-free simplified renewal process makes renewing the SCIS easier for eligible adults by removing the guarantor requirement when applying by mail and offering a shorter application form. Eligible applicants only need to submit a short application form, a copy of their previous SCIS and updated photos to renew their card.

The department continues to find ways to improve processes and simplify the renewal process for the SCIS.

Operational improvements

Enhanced resourcing

In 2023, ISC enhanced staffing and training across several units to respond to increased volumes.

In particular, the Genealogical and Archival Research Unit enhanced their capacity to provide family history searches and letters of ancestry, following the publication of a new web page on how to submit requests. These services provide greater access to information held by ISC to support individual's genealogical research and facilitate Canada-U.S. border-crossing.

ISC is also improving existing methods for workload management and better triaging applications to reduce processing times, for example, by manually redistributing applications between processing units to enhance efficiency. In 2023, 2,700 applications were reassigned to reduce processing times.

Application processing times for persons 65 or older

As part of the implementation of S-3, ISC has prioritized applications from persons 65 or older to ensure that elders who may have lived experiences of discrimination caused by sex-based inequities in the provisions of the Indian Act have their applications processed efficiently. As a result, applications from persons 65 or older were processed in an average of less than 70 days in the 2023 calendar year for mail-in applications. This impacted 2,700 people and their descendants.

Communications

People's feelings and experiences around registration vary, and the recognition of people's rights is deeply personal and, at times, can be complex. Recently, significant efforts were made to reach entitled First Nations individuals, non-registered First Nations individuals, First Nations leadership and service providers to increase the overall awareness and understanding of registration, membership and status cards. To accomplish this, related content was regularly promoted and centered around the following fact-driven messages:

  • registration
    • your ancestors don't need to be registered before you apply for registration; they only have to be entitled to be registered
    • registration happens once and doesn't need to be renewed; however, your status card needs to be periodically renewed
    • once a person is registered, they can choose any proof of registration document that best suits their needs (SCIS, CIS or Temporary Confirmation of Registration Document (TCRD))
  • registration and status cards
    • you can apply for registration and a status card at the same time
    • there is no fee to apply for registration or a status card
    • you don't have to hold a status card once you are registered
  • status cards
    • even if a status card is past its renewal date, the cardholder remains registered and retains the benefits and rights of a registered person
    • your status card has to be renewed to reflect your current appearance and prevent challenges when accessing rights and benefits
    • there are two types of equally valid status cards in circulation: the paper-laminated, First-Nation issued Certificate of Indian Status (since 1956) and the ISC-issued Secure Certificate of Indian Status (since 2009), both of which are official forms of government-issued identification
    • your photos for the SCIS can be taken anywhere, at no cost, using the SCIS Photo App

Information kits

A concise, plain-language information kit about C-38, the Indigenous Advisory Process and how to apply for registration and SCIS issuance was publicly distributed to help raise awareness about the changes to the Indian Act and encourage newly entitled individuals to apply.

ISC web pages

Redesign

ISC undertook a comprehensive review of the web pages on registration and status cards to help simplify the application process and make the information user-friendly and accessible. Updates were based on full internal and external reviews of content, website survey feedback, website analytics data and user experience testing with First Nations persons.

Marketing

In 2023, registration- and status card-related content on ISC's web pages was viewed more than 2.7 million times, which made up 25% of all ISC website views.Footnote 27

Compared to previous years, this represents an increase in traffic that in part could be as a result of paid and unpaid marketing campaigns.

The paid campaign on secure status card renewals, launched February to March 2023, showed a 5% increase in views over non-campaign months, specifically in March 2023, the peak of the campaign.

The paid campaign on secure status card renewals, launched February to March 2023, showed a significant increase in views over non-campaign months. In 2023, ISC web pages on status cards were viewed nearly 228,000 times on average per month. In March 2023, these web pages were viewed nearly 358,000 times, representing an increase of 57%.

Website traffic to ISC Indian status-related content
Text alternative for Website traffic to ISC Indian status-related content

This graphic depicts two-lines, the top-line illustrates the number of pageviews and the bottom-line illustrates the number of website visits.

Month Visits Pageviews
January 136,062 240,505
February 131,133 229,532
March 212,468 357,279
April 119,087 205,243
May 125,666 213,850
June 124,766 211,925
July 125,328 217,503
August 127,626 222,797
September 115,046 205,800
October 124,536 223,328
November 123,348 219,158
December 97,738 182,800
Total 1,562,804 2,729,720
Social media

In 2023, ISC published 210 posts through ISC social media channels.Footnote 28

  Registration / S-3 ImpressionsFootnote 29 Status Cards Impressions
Facebook
24 58,416 92 424,501
X (formerly Twitter)
22 13,989 55 31,279
LinkedIn
0 0 17 25,719
Total 46 72,405 164 481,499
Digital display campaign

Messaging to provide awareness about changes to the Indian Act as a result of S-3 was promoted on highly visible digital displays in Service Canada offices across the country. In 2023, approximately 4.6 million in-person visits were recorded at Service Canada Centres.

Closing remarks – Looking forward to 2024

ISC understands that the history of registration under the Indian Act and the registration provisions can be challenging to understand without substantial knowledge on decades of legislative change. There are many myths, misconceptions, stereotypes and outdated beliefs about registration and status cards.

With such a complicated colonial history, it can be difficult to simplify the application process while ensuring a complete understanding of registration, membership and status cards for all those who have been impacted, be it individuals, First Nations leaders or communities. As a result, individuals face notable barriers in establishing the ancestral and community connections to demonstrate entitlement to registration. To overcome this challenge, ISC will continue to pursue wide-ranging improvements from service delivery to legislative reform in collaboration with Indigenous rights-holders.

While these efforts to help individuals have their right to registration recognized and find remedies for remaining inequities have contributed to reaching newly entitled persons and achieving milestones in application processing, ISC recognizes that more effort is required and is optimistic that application rates and processing times will continue to move in a positive direction as information on changes to the Indian Act spreads and processing efficiencies are implemented. As progress moves forward, information on reform activities, process improvements and general registration information will continue to be shared.

ISC is grateful to readers for their time and attention on those important issues and to the rights-holders who played a key role in providing feedback on our efforts, including on this report. Thank you to all who share a mutual, ongoing commitment to achieving substantive legislative reform and ensuring that registration is timely, trusted and accessible for all who are entitled.

Annex A: Financial and human resource statements

Region Vote 1 Total Vote 1 Costs Vote 10 Total Vote 10 Costs Total Costs
Salary O&M Contributions Grants
Regions $3,970,150 $431,343 $4,401,494 $7,457,897 $ 2,192,698 $9,650,594 $14,052,088
Headquarters $22,522,647 $6,644,369 $29,167,016 $239,227 $- 39,227 $29,406,243
Total $26,492,798 $7,075,712 $33,568,509 $7,697,124 $2,192,698 $9,889,821 $43,458,331

Vote 1 Salary: This is funding used to hire Indigenous Services Canada staff. This includes processing staff, service staff and other services staff. Other services staff is comprised of communications and policy, registration support, card issuance and related services.

Vote 1 O&M: This is funding used by the program for Operations and Maintenance in relation to managing their day-to-day activities required to maintain the cost of doing business. This includes material costs such as envelopes and postage, printing of status cards, costs associated with purchasing devices, office supplies and other services.

Vote 10 Contributions: This is transfer payment funding provided to First Nations for the delivery of programs and services, that is subject to performance conditions specified within the contribution funding agreement. A contribution is to be accounted for and is subject to audit if in default or done randomly.

Vote 10 Grants: This is New Fiscal Relationship (NFR) transfer payment funding that is subject to pre-established eligibility and other entitlement criteria that is provided to First Nations to be used for the delivery of programs or services. This funding is not subject to being accounted for by a recipient nor normally subject to audit by the department. The recipient may be required to report on results achieved.

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