 (1)(a)(iv) – referred to commonly as the double-mother rule),
- Illegitimate children, whose registration was successfully protested on the grounds that their father did not have status under the Act, however their mother did have status,
- A person who lost registration because their parents (or head of the household) applied to give up registration and First Nation membership through the process known as “enfranchisement” (s. 109(1) or its predecessor section),
- Children of people listed in 1 to 6 above,
- Illegitimate daughters of status Indian men and women without status, born before April 17, 1985.
Application forms for registration under the Indian Act are available online, at Crown-Indigenous Relations and Northern Affairs Canada.
Acceptance by a Nation or a Band
Section 9 of the Indian Act has the Department of the Registrar maintaining control of a band’s membership list if the band has not assumed control under section 10 of the Indian Act. Registrations and deletions from a band list that is maintained by the Department are completed by sending the appropriate application to the Registrar.
Section 10 of the Indian Act allows bands to control membership. This means that even if you are a registered Indian, that does not automatically mean you are a member of your First Nation. Each nation has its own criteria for membership that is listed within the Membership Codes that are ratified by the First Nation Community. Conversely, this also means that a person can become a citizen of a First Nation while not being a registered Indian.
Benefits of having Indian Status and Band or Nation membership
A registered Indian is eligible for many programs and services. These include:
1. Treaty Annuity payments. These are annual payments made by the federal government to registered Indians who are entitled to these payments through membership to bands that have signed historic treaties with the Crown.
2. Social Programs
- Income Assistance Program
- National Child Benefit Reinvestment
- Assisted Living Program
- First Nations Child and Family Services Program
- Family Violence Prevention Program
3. Band Employee Benefits
An individual’s rights to the programs can vary depending on whether the person is a registered Indian and/or a citizen of a Nation.
For more information, visit Crown-Indigenous Relations and Northern Affairs Canada, or view the Indian Act.
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