What is the Indian Act?

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 does two things affecting all Indian peoples in Canada:

1. It describes how Reserves and Bands can operate:

The Indian 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 and isn't 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:

• Indian women who married men who were not recognized as Indians;
• Indians who took "Half-breed Scrip" or were descended from someone who took scrip;
• 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;
• 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;
• 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.

DOCUMENTS REQUIRED FOR BIRTH EVENT:

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.

DOCUMENTS REQUIRED FOR REPORTING MARRIAGE INDIAN MALE TO NON-INDIAN-NO STATUS GAINED:

1. Marriage Registration/Certificate; or
2. Church Registration/Certificate of Marriage

DOCUMENTS REQUIRED FOR DIVORCE TWO INDIANS:

PRE -Feb 13/86 Divorce Decree Absolute for divorces.

Divorce Decree Nisi, where children are involved.

POST - Feb 13/86 Certificate of Divorce for divorces.

Divorce Judgement, where children are involved

DOCUMENTS REQUIRED FOR TRANSFER OF CHILDREN ON DIVORCE:

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) resident(s).

DOCUMENTS REQUIRED FOR CONFIRMED DEATH - NON-INDIAN:

1. Vital Statistics Death Registration;
2. Church Death Registration/Certificate; or
3. Funeral Director's Statement.

DOCUMENTS REQUIRED FOR CONFIRMED DEATH - MEMBERS ONLY:

1. Vital Statistics Death Registration;
2. Church Death Registration/Certificate; or
3. Funeral Director's Statement.

TRANSFER FROM A DEPARTMENTAL BAND (SECTION 11) TO ANOTHER DEPARTMENTAL BAND (SECTION 11):

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

TRANSFER FROM A DEPARTMENTAL BAND (SECTION 11) TO ANOTHER DEPARTMENTAL BAND (SECTION 11):

• 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.

TRANSFER FROM A BAND CONTROLLED BAND LIST (SECTION 10) TO A DEPARTMENTAL BAND (SECTION 11):

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:

Provided for under section 12(b) of the Indian Act

• Requires individual's written request to transfer
• Requires admitting band council resolution from the new band
• Both documents submitted to the Region for processing
• The individual will be added to the member only list for the departmental band.

Other Duties of the Membership Clerk:

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.