Francais

What is the issue?

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Since 1985, the Indian Act does not allow the Registrar to remove individuals from the Registrar, even upon their request. Many individuals express a desire to be removed from the Indian Register for a variety of reasons, including:

• wanting to enroll in American Indian Tribes that do not allow those registered under the Indian Act to enroll
• wanting to identify and/or register as a Métis person
• no longer wishing to be recognized on the federal Indian Register
• withdrawing consent to be registered as adults, for those whose parents registered them as children.

The Peavine-Cunningham decision ruled that members of the Métis settlements cannot be registered under the Indian Act, if they wish to maintain their Métis status under the provincial legislation in Alberta. Other Métis groups and American Tribes have shaped their membership rules to exclude those who are registered under the Indian Act.

What is the proposed amendment for this issue?

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The proposed amendment would enable individuals to send an application requesting deregistration (removal of their name from the Indian Register). This written application would result in:

• the withdrawal of an individual’s consent to be registered under the Indian Act
• the removal of that individual’s name from the Indian Register
• the removal of an individual’s name from any section 11 band membership list

Individuals whose names appear on membership lists for section 10 bands or on membership lists held by self-governing First Nations must rely on their First Nation to determine the impact of their deregistration on their membership and band affiliation.

When an individual has had their name removed from the Register, they will:

• legally retain their entitlement to be registered under the Indian Act
• legally retain a right to be registered again in the future
• legally retain the right to transmit their entitlement to their descendants

An individual who has been deregistered will not have the right to access any programs, services, settlements and/or benefits associated with Indian Act registration. If an individual seeks to be re-registered, that individual will have no retroactive claim to any such benefits for the period in which they were deregistered.

Any individual who opts to deregister will retain their entitlement to registration under the Indian Act, including the ability to regain their status in the future.