Removal of the 1951 Cut-off

Backgrounder

On August 15, 2019, the Government of Canada removed the 1951 cut-off from the Indian Act. 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.

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.

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.

From June 2018 to March 2019, the Government consulted with First Nations and Indigenous groups on how best to implement the removal of the 1951 cut-off. Based on what was heard during the Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship, Minister's Special Representative, Claudette Dumont-Smith issued a report with six recommendations for implementation of the removal of the 1951 cut-off, which have been accepted by this Government.  Her recommendations can be viewed here: www.canada.ca/first-nation-citizenship.

In addition to bringing all remaining provisions of Bill S3 into force, the Government of Canada is moving forward with implementing these recommendations.

Going forward, the Government 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.

According to independent demographic estimates, the removal of the 1951 cut-off could result in between 270,000 and 450,000 individuals being newly entitled to registration under the Indian Act over the next decade. The actual increase in the registered population will depend on the number of individuals who choose to apply and whose applications support their registration.

Once registered, First Nations individuals will be eligible for federal benefits and services such as Treaty payments, post-secondary education funding, and NIHB.

No one will lose status as a result of the removal of the 1951 cut-off.

To address Bill S-3 and the coming into force of the 1951 cut-off, Indigenous Services Canada (ISC) is taking steps to improve the application process for registration under the Indian Act and the Secure Certificate of Indian Status (SCIS), including:

  • Examining historical records and completing genealogical research to support application processing.
  • Simplifying the application process and registration requirements.
  • Implementing measures and exploring partnerships to ensure the timely processing of applications.
  • Proactively amending category codes to reflect the new legislation, for example (6(1)(c) to 6(1)(a.1).

Individuals who are already registered do not need to re-apply. All registered individuals, regardless of the category under which they are registered, will continue to be able to access the services and benefits to which they have been deemed entitled. If you are entitled to a category amendment, you may inquire by contacting ISC's Public Enquiries Contact Centre by phone at:

(toll-free) 1-800-567-9604
Fax: 1-866-817-3977
TTY: (toll-free) 1-866-553-0554

Individuals who have applied and are waiting for a decision on their application do not need to reapply. All applications will be assessed based on the amended Indian Act.

If you have never applied for registration or you have previously applied and were denied registration under the Indian Act and believe that you are entitled to registration, you must submit a complete application and supporting documentation. To find out how to apply, visit canada.ca/indian-status.

Application forms for both registration and the SCIS can be found:

  • in-person at any ISC regional office
  • online at canada.ca/indian-status
  • by mail, by calling Public Enquiries (toll-free) at: 1-800-567-9604;
  • by fax at: 1-866-817-3977; or TTY (toll-free): 1-866-553-0554

Applicants are encouraged to apply for both registration and the SCIS. The SCIS is an identity document provided to registered individuals to ensure access to services and benefits administered by federal and provincial/territorial governments and other private sector programs and service providers. Many organizations use the SCIS as the main proof that a person is entitled to receive services and benefits available exclusively to registered individuals.

To avoid unnecessary delays in registration and SCIS issuance, applicants are strongly encouraged to provide all required information and documentation at the time of application.

Completed applications and supporting documentation should be mailed to:

Application Processing Unit
Indigenous Services Canada
PO Box 6700
Winnipeg, MB
R3C 5R5

Information on the registration process as well as general information on Bill S-3 and the removal of the 1951 cut-off can be found at: www.canada.ca/indian-status and www.canada.ca/first-nation-citizenship


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