In the Page you will find:
1. The registrar's office information
2. What is the Indian Act?
3. What is Bill-C 31?
4. Documents required for Birth Event
5. Documents required for Reporting Marriage of Two Indians
6. Documents required for Reporting Marriage of Indian Male to Non-Indian-Acquired Status
7. Documents required for Reporting Marriage of Indian Male to Non-Indian-No Status Gained
8. Documents required for Reporting Marriage of Indian Women to Non-Indian Male
9. Documents required divorce of two Indians
10. Documents required divorce of Indian and Non-Indian
11. Documents required for transfer of children on divorce
12. Documents required for Reporting of confirmed death-Indian
13. Documents required for Reporting of confirmed death-non-Indian
14. Documents required for reporting of confirmed death-members only
15. Documents required for Miscellaneous Additions
16. Transfer from a Departmental Band (Section 11) to another Departmental Band (Sec 11)
17. Transfer from a Departmental Band (section) to a Band Controlled Band List (sec 10)
18. Transfer from a Band Controlled Band List (sec 10) to a Departmental Band (sec 11)
19. Statistics and Age Group Break Down
20. Job Description for Cheryl Edwards
Bill C-31 was passed on June 28, 1985, since then Ts'kw'aylaxw First Nation has taken over their membership responsibilities. The individual who first dealt with membership affairs was Sharon Edwards and then Verna Diablo was the first official membership clerk until 1995. Stacey Leech was the second membership clerk for Ts'kw'aylaxw until 2001, then Cheryl Edwards, and Donita Alec is the current memership clerk.
Membership Program has three separate offices, the main headquarters being in Ottawa. The person who is employed in this department is referred to as the Registrar. In Vancouver at the Indian and Northern Affairs Canada office is the Registration Unit and they can be contacted at BCLTSIRBL@inac-ainc.gc.ca and phone 1-800-665-9320 or 604-666-2059
THE REGISTRAR'S OFFICE (Ottawa)
The Registrar is an official of INAC who is by law responsible for maintaining the list of registered Indians (the Indian Register).
The Registrar's office administers the Indian Register and departmental band list by:
- developing policies and procedures to keep them up to date;
- determining who, in accordance with The Indian Act, is entitled to registration, and who may be omitted or deleted; and
- rendering judicial decisions on protests of additions, deletions, or omissions.
Various units in headquarters assist the Registrar in the operation of the registration process.
REGISTRATION UNIT (600-1138 Melville Street, VANCOUVER, BC V6E 4S3)
The Registration Unit assists the Registrar by:
* entering events into the computerized Indian Registry System to update the official Indian Register;
* reviewing events received from Indian Registry Administrators to ensure that the information is complete and that the IRA has the authority to report the events; and
* monitoring those events which regional Indian Registry Administrators enter into the computerized Indian Registry System.
As Indian Registry Administrator (Membership Clerk), my responsibilities include:
- discovering events (age of majority, births, deaths, marriages and divorces, transfer of child on divorce, miscellaneous additions and/or amendments) which affect the Indian Register and, if applicable, the band list under their administration;
- obtaining documents from band members to verify these events;
- reporting these events to the regional office and/or headquarters to update the Indian Register.
- notifying the regional office of any administrative changes, such as changes in addresses and telephone numbers at the band level; and
- processing certificate of Indian Status (Issuing Status Cards).
- Abide by and follow the policies and procedures manual for administering the membership program.
- As the membership clerk I have no authority to be changing the policies.
- It is not the responsibility of the membership clerk to do research regarding events (age of majority, births, deaths, marriages and divorces, transfer of child on divorce, miscellaneous additions and/or amendments).
The Indian Act recognizes a group of persons as a band if the groups
- holds reserve land; or
- has funds held for it by the federal government; or
- has been declared a band by the Governor in Council.
A band list includes all persons who are members of a particular band. There are two types of band lists:
- Band-controlled band list, maintained by a band (section 10); or
- Departmental band list, maintained by the department (section 11). (Ts'kw'aylaxw First Nation)
Bill C-31 was passed by Parliament on June 28, 1985. This bill made important changes to The Indian Act, intended to:
- assure equality of treatment to men and women;
- enable Indian bands to control their own band membership; and
- abolish enfranchisement.
(This is when the Ts'kw'aylaxw First Nation began taking over their membership program)
An Indian is a person who is registered or entitled to be registered in the Indian Register.
"Member of a band" means a person whose name appears on a band list or who is entitled to have his/her name appear on a band list (Consult The Indian Act, beginning under section 8 for definitions of "band list" and membership rules.)
The Indian Act is federal legislation which dates from 1876. The Minister of Indian Affairs (Robert Nault) and Northern Development is responsible for administering the Indian Act and the implementations of Bill C-31.
The Indian Act basically does two things affecting all Indian people in Canada:
1. It says how Reserves and Bands can operate:
The Act sets out rules for governing Indian reserves, defines how Bands can be created and spells out the powers of the "Band Councils". Bands do not have to have reserve lands to operated under the Act.
2. It defines who is an who is not recognized as an "Indian":
Before Bill C-31 was passed in 1985, the Act generally defined status Indians in two ways: First, an Indian was any person who was a member of a "Band" recognized for the purposes of the Act (whether or not the Band had reserve lands). Second, the Act defined a number of types of Indian people who were denied recognition as "registered" or "status" Indians, and who were therefore denied membership in Bands.
At various times over the years Indian people who have been denied recognition have included:
1. Indian women who married men who were not recognized as Indians;
2. Indians who took "Half-breed Scrip" or were descended from someone who took scrip;
3. Indians who were "enfranchised" (stripped of status under the Indian Act) for any reason, including wanting to vote, to drink, to own property, to live in another country, to become a lawyer or clergyman, etc., along with their wives and children;
4. Indian children who lost status because of illegitimacy or whose mother's and father's mother were not entitled to be registered other than through their marriages, and;
5.Indians who were omitted from Band Lists or the Indian Register who otherwise should have been registered or Indians whose community was never recognized as Bands.
On June 28, 1985 Parliament passed Bill C-31, "An Act to Amend the Indian Act". Because of a presumed Constitutional requirement, the Bill took affect as of April 17, 1985. The Bill has amended the Indian Act in a number of important ways.
1. It ends many of the discriminatory provisions of the Indian Act, especially those which discriminated against women;
2. It changes the meaning of "status" and for the first time allows for limited reinstatement of Indians who were denied or lost status and/or Band membership in the past, and;
3. It allows band to define their own membership rules.
A Not about being Indian
It is important to remember that whether or not you are defined as a "status" or "registered" Indian for the purposes of the Indian Act, if you are of Aboriginal descent and identify as an Indian person you are an Indian for the purposes of the Constitution Act 1982 - the basic law that determines what the federal and provincial governments can legally do. Whatever the Indian Act says now or in the future, if you were born of Indian descent and identify as an Indian, you are Indian. No federal or provincial law can legitimately deny your identity as an Aboriginal person, whether you are an Indian, a Metis, or an Inuit.
1) Vital Statistics Birth registration or extended birth certificate identifying parents.
2) Birth of Baptismal certificate for those born in Quebec prior to January 1, 1994. Baptism Certificate for Quebec can be accepted only if it was issued by Church authorities before January 1, 1994. Births occurring in Quebec after January 1, 1994 must be accompanied by a birth document identifying the parents and which was issued by the Provincial Vital Statistics officials.
3) Statement of affiliation if two Indian parents are identified and are in different bands/registry groups.
4) Custody orders if applicable.
URGENT All parents of newly born babies must register their children immediately after birth in order to receive medical service benefits. This is a voluntary process and no longer takes place automatically as before. Remember the band operated by federal government and the registration and obtaining birth certificate is through the provincial government.
1) Marriage Registration/Certificate;
2) Church Registration/Certificate of Marriage
1) Marriage Registration/Certificate; or
2) Church Registration/Certificate of Marriage; and
3) The wife's Vital statistics Birth Certificate.
4) Statement from wife confirmaing she wishes to be registered.
2) Church Registration/Certificate of Marriage.
pre -Feb 13/86 Divorce Decree Absolute for divorces.
Divorce Decree Nisi, where children are involved.
on or after
Feb 13/86 Certificate of Divorce for divorces.
Divorce Judgement, where children are involved
1) Certificate of Divorce for divorces after 1986.
2) Divorce Decree Absolute for divorces before 1986.
1) Divorce Decree Nisi for divorces before 1986.
2) Divorce Judgement for divorcees after 1986.
3) If the above documents do not deal with the custody of any children registered with the divorced parents, a letter is required, stating with whom the child(ren) reside(s).
1) Vital Statistics Death Registration;
2) Church Death Registration/Certificate; or
3) Funeral Director's Statement.
4) Burial Permit/Internment Certificate
1) Birth registration or extended birth certificate identifying parents.
2) Vital Statistics Birth Certificate or Baptismal certificate for those born in Quebec prior to January 1, 1994. The baptismal certificate can be used if it was issued by church authorities before that date. Births in Quebec after January 1, 1994 must be accompanied by a document from the Vital Statistics Authorities.
- Provided for under section 12(b) of the Indian Act
- Requires individual's written request for transfer
- Requires admitting band council resolution from the new band
- Both documents submitted to the Region for processing
- The Indian Register will show that the individual is no longer a member of former band, but has become a member of the new band.
- The individual will be removed from the band list of the former band and added to the band list of the new band.
- Provided for under departmental policy
- Requires releasing band council resolution from the departmental band
- All 3 documents submitted to the Region for processing
-The Indian Register will show that the individual is no longer a member of the former band, but has become affiliated with the new band.
- The individual will be removed from the band list of the former band.
If the individual is a registered Indian:
- Requires individual's written request to transfer
- Requires admitting band council resolution from the departmental band
- The Indian Register will show that the individual is no longer affiliated with the former band, but has become a member of the departmental band
- The individual will be added to the band list of the departmental band
If the individual is a Non-Indian who has gained membership in the section 10 band as a result of the band's membership rules:
- The individual will be added to the member only list for the departmental band.
Maintains the Indian Register and Band List:
Assist any individual who is applying for registration as a status Indian or band member, by referring them to various organizations for conducting investigative research through archival material: census records, vital statistics records, church records, etc.
Establishing an efficient and effective event reporting system for documents gathered over the month.
Obtaining and carefully examining the supporting documents (birth, death, marriage certificates, etc.) to determine their acceptability for registration purposes.
Checking all pertinent details with the Indian Registry Administrators of other bands before reporting an event affecting those bands and by sending them a copy of the documents submitted to the department to those bands.
Preparing on a monthly basis, a typed report of all events submitted to the department or a nil report when there have been no changes that month.
Carefully reviewing the monthly change reports and new registry pages to ensure that the events reported for the band has been correctly entered into the Indian Registry System.
Posting a copy of the band change reports in the band office on a monthly basis for a period of three years in accordance with the Indian Act.
Forwarding the appropriate documentation and data entry to the department in support of recommendations requiring the approval of the Registrar in Ottawa.
Noting any inconsistencies in the band's Indian Register and advising the department of any required changes.
Participates in the determination of an individual's eligibility for Indian status:
Reviewing application for Indian status
Assisting individual who are conducting research and are attempting to obtain appropriate documentation to determine kinship relationships with individuals who are already registered.
Communicating both verbally and in writing with individual applicants, their representatives, or any other persons who might be able to provide the required documentation to support their registration as a status Indian.
Providing information to applicants on the application of the Indian Act and the department's policies and procedures related to application for Indian status.
Receiving application and appropriate documentation for registration both through Bill C-31 and the Indian Registry System and forwarding them to the appropriate registration authority.
Informing individuals of the decisions made by the registrar concerning their applications for Indian status.
Issues status cards for registered Indians:
Issuing status cares to registered Indians in accordance with departmental policies and procedures.
Having the applicant complete an application form and provide the appropriate identification and picture to process the application.
Verifying the information provided on the application form and ensuring that the information is consistent with the information in the Indian Register.
Processing applications and issuing Certificates of Indian in a timely manner.
Recording the Certificates of Indian Status issued in a status card register and providing a copy of that register to the department when requesting a new supply of status cards.
Ensures that the integrity of the Indian Registry Program is maintained at all times:
Developing and implementing control systems for all Indian Registry information and documentation.
Keeping the Indian Register, Black Registry Pages, blank Certificates of Indian Status and all others Indian registry material in a locked filing cabinet at all times.
By restricting access to the Indian registry records so that persons wishing to obtain information have access only to the information that specifically applies to them.
Following all departmental policies, procedures and directives in performing their duties and responsibilities.
Maintaining an effective and efficient filing system.
Meeting with a departmental officer on a regular basis to review the Indian Registry Program and determine any aspects that need improvements.
Turning over all pertinent band files and records to the departmental officer so that they can be audited for accuracy and completeness.
Implementing the recommendations of the departmental representative regarding the administration of the Indian Registry Program.
Attending refresher training courses when deemed necessary by the departmental officer.
Developing and maintaining good contracts with the Indian Registry Administrators of other band and tribal council offices to facilitate the collection of documents and to ensure that all individuals entitled to be registered are registered in a timely manner.
Liaising with Medical Services, Health Canada, Vital Statistics, and other federal and provincial departments and agencies to facilitate the provision of services to First Nations clients.
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