S-21453-4Charles III2025An Act to amend the Indian Act (new registration entitlements)An Act to amend the Indian Act (new registration entitlements)An Act to amend the Indian Act (new registration entitlements)202512
4
91228SUMMARYThis enactment amends the Indian Act to provide, among other things, new entitlements to registration in the Indian Register in response to the challenge of certain provisions of the Act under the Canadian Charter of Rights and Freedoms in Nicholas v. Canada (Attorney General) and that the persons who have become so entitled also have the right to have their names entered in a Band List maintained in the Department of Indigenous Services.His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:R.S., c. I-5Indian Act
The definition mentally incompetent Indian in subsection 2(1) of the Indian Act is repealed.Subsection 2(1) of the Act is amended by adding the following in alphabetical order:dependent person means an Indian who, under an Act of the province in which they reside, has been found to be unable to manage their estate by reason of an illness or impairment affecting their cognitive capacity; (personne dépendante)
R.S., c. 48 (4th Supp.), s. 1Section 4.1 of the Act is replaced by the following:
Provisions that apply to all band membersA reference to an Indian in any of the following provisions shall be deemed to include a reference to any person whose name is entered in a Band List and who is entitled to have it entered therein: the definitions band, Indian moneys and dependent person in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(g) and (h), subsection 74(4), section 84, paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b).
Section 5 of the Act is amended by adding the following after subsection (7):Application for removalA person who wishes to have their name removed from the Indian Register shall apply in writing to the Registrar, in which case the Registrar shall remove their name from the Indian Register and from the Band List maintained in the Department.
2017, c. 25, ss. 2(2) and 2.1(3)Paragraph 6(1)(a.1) of the Act is replaced by the following:the name of that person was omitted or deleted from the Indian Register, or from a Band List before September 4, 1951, undersubparagraph 12(1)(a)(iii) or (iv), paragraph 12(1)(b) or subsection 12(2), as each provision read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as any of those provisions,section 13, as it read immediately before September 4, 1951, or under any former provision of this Act relating to the same subject matter as that section,section 111, as it read immediately before July 1, 1920, or under any former provision of this Act relating to the same subject matter as that section, orsection 112, as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that section;2017, c. 25, s. 2.1(5)Paragraph 6(1)(a.3) of the Act is replaced by the following:that person is a direct descendant of a person who is, was or would have been entitled to be registered under paragraph (a), (a.1) or (a.2);R.S., c. 32 (1st Supp.), s. 4Subsection 6(1) of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraphs (d) and (e).2017, c. 25, s. 2(4)Paragraph 6(1)(f) of the Act is replaced by the following:at least one parent of that person is entitled to be registered under this section or, if the parent is no longer living, was or would have been so entitled at the time of their death.2017, c. 25, s. 2(5)Subsections 6(2) and (2.1) of the Act are repealed.2017, c. 25, s. 2.1(6)The portion of subsection 6(3) of the Act before paragraph (a) is replaced by the following:Deeming provisionFor the purposes of paragraphs (1)(a.3) and (f),2017, c. 25, s. 2.1(7)Paragraph 6(3)(b) of the Act is replaced by the following:a person who is described in paragraph (1)(a.1) or (f) or subsection (2) and who was no longer living on April 17, 1985 is deemed to be entitled to be registered under that paragraph or subsection; and2017, c. 25, s. 2.1(7)Paragraph 6(3)(b) of the Act is replaced by the following:a person who is described in paragraph (1)(a.1) or (f) and who was no longer living on April 17, 1985, is deemed to be entitled to be registered under that paragraph; and
R.S., c. 32 (1st Supp.), s. 4Paragraph 11(1)(d) of the Act is replaced by the following:that person is entitled to be registered under paragraph 6(1)(f) and at least one parent of that person is entitled to have their name entered in the Band List or, if the parent is no longer living, was or would have been so entitled at the time of death.R.S., c. 32 (1st Supp.), s. 4Paragraph 11(2)(a) of the Act is repealed.R.S., c. 32 (1st Supp.), s. 4Paragraph 11(2)(b) of the Act is replaced by the following:if that person is entitled to be registered under paragraph 6(1)(f) and a parent referred to in that provision is entitled to have their name entered in the Band List or, if no longer living, was or would have been, at the time of their death, entitled to have their name entered in the Band List.2017, c. 25, s. 3.1(2)Paragraph 11(3)(a) of the Act is replaced by the following:a person whose name was omitted or deleted from the Indian Register or a Band List in the circumstances set out in paragraph 6(1)(a.1) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member is deemed to be entitled to have the person’s name so entered;Section 11 of the Act is amended by adding the following after subsection (3.1):Additional membership rules — married womenA person is entitled to have their name entered in a Band List that is maintained in the Department for a band ifthe person ceased to be a member of that band under section 14, as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that section; orthe person is entitled to be registered and is a direct descendant of a person referred to in paragraph (a).
Section 51 of the Act and the heading before it are replaced by the following:Dependent Persons
Powers of Minister generallySubject to this section, all jurisdiction and authority in relation to the estate of a dependent person is vested exclusively in the Minister.Particular powersWithout restricting the generality of subsection (1), the Minister mayappoint a person to administer the estate of a dependent person;order that any property of a dependent person shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose ofpaying their debts or engagements,discharging encumbrances on their property,paying debts or expenses incurred for their maintenance or otherwise for their benefit, orpaying or providing for the expenses of future maintenance; andmake such orders and give such directions as the Minister considers necessary to secure the satisfactory management of the estate of a dependent person.Property off reserveThe Minister may order that any property situated off a reserve and belonging to a dependent person shall be dealt with under the laws of the province in which the property is situated.
Subsections 64.1(1) and (2) of the Act are amended by replacing “6(1)(a.1), (d) or (e)” with “6(1)(a.1)”.
Related Provisions
Same meaningWords and expressions used in sections 9 to 11 have the same meaning as in the Indian Act.
Entitlements continuedFor greater certainty, a person’s entitlement to be registered continues if their name or the name of one of their parents, grandparents or other ancestors is removed from the Indian Register under subsection 5(8) of the Indian Act, as enacted by section 3.
Deeming provisionFor greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act, any person who was, immediately before the day on which subsection 4(5) of this Act comes into force, registered and entitled to be registered under subsection 6(2) of the Indian Act is deemed registered under paragraph 6(1)(f) of the Indian Act.
Registration entitlements recognizedFor greater certainty, for the purpose of paragraph 6(1)(f) of the Indian Act, the Registrar must recognize any entitlements to be registered that existed under subsection 6(2) of the Indian Act immediately before the day on which subsection 4(5) of this Act comes into force.
Coming into Force
Twelve months after royal assentSubsections 4(2), (4), (5), (6) and (8) and 5(1) and (3) come into force 12 months after the day on which this Act receives royal assent.