The Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds
Find out how you can prepare for the upcoming consultation on remaining inequities in registration and membership.
Current status: Open
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The need for a collaborative process
Since 1985, the second-generation cut-off has continued to have deep impacts on First Nation individuals, communities and families.
The second-generation cut-off prevents many First Nations people with status under the Indian Act from passing entitlement on to their children and grandchildren simply because of the person with whom they chose to parent.
The issue of double majority voting thresholds will also be examined. This is to ensure that any proposed solution to the second-generation cut-off does not become an obstacle to First Nations seeking control over their membership lists due to an increased registered population that a legislative remedy would impose.
Timeline leading up to consultation
- 2018-2019: The Collaborative Process on Indian Registration, Band Membership, and First Nation Citizenship consulted on the implementation of Bill S-3, including the removal of the 1951 cut-off and a suite of other broader issues related to registration, membership, and citizenship.
- June 2019: The Minister's Special Representative (MSR) Claudette Dumont-Smith issued her final report on the findings of the Collaborative Process and reported that the inequity of greatest concern raised throughout the consultation was the issue of the second-generation cut-off. With no clear consensus on a solution for the second-generation cut-off, the MSR recommended that "a separate and more in-depth consultation process begin to develop solutions to address this inequity."
- December 2020: The Final Report to Parliament on the Review of S-3 outlined the next steps necessary to address the remaining inequities in the Indian Act, including enfranchisement.
- June 2023: Canada committed to "co-develop a collaborative consultation process on a suite of broader reforms relating to registration and band membership issues" in the United Nations Declaration on the Rights of Indigenous Peoples Act's Action Plan, First Nations Priorities, Action Plan Measure #8.
- November 2023: The Minister of Indigenous Services launched the Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds. Simultaneously, the department established ongoing partnerships with 17 Indigenous organizations across Canada through the Indigenous Advisory Process.
- February 2024: The department began broad distribution of the Rights-Holders Information Kit to First Nations across Canada.
- May 2024: A knowledge sharing circle was held with members of the Indigenous Advisory Process.
- June 2024: Information sessions on the Rights-Holders Information Kit began.
How the collaborative process will work
The collaborative process consists of 2 phases:
- Phase 1: Co-development and information sharing
The first phase of the collaborative process includes:- an Indigenous advisory process
- a rights-holders information sharing initiative
- Phase 2: Consultation activities and events
The second phase of the collaborative process is being co-designed and implemented based on the recommendations heard from the Indigenous Advisory Process during the co-development and information-sharing phase.
Indigenous advisory process
The Indigenous Advisory Process has been established to provide advice and recommendations to Indigenous Services Canada to help ensure that Indigenous perspectives are considered in the design and delivery of the collaborative process.
The Indigenous Advisory Process membership consists of 1-2 appointed representatives from 17 national, regional, youth and women's Indigenous organizations that represent individuals or communities across Canada affected by the second-generation cut-off.
Indigenous Organizations Table:
- Assembly of First Nations, British Columbia
- Assembly of First Nations, Manitoba
- Assembly of First Nations, National
- Anishinabek Nation
- Assembly of Nova Scotia Mi'kmaq Chiefs
- Congress of Aboriginal Peoples
- First Nations Summit of British Columbia
- Indigenous Bar Association
- National Association of Friendship Centers
- Native Women's Association of Canada
- Union of British Columbia's Indian Chiefs
Women's and Youth Caucus:
- Warriors Rising Youth Society
- Feminist Alliance for International Action (The Indian Act Sex Discrimination Working Group)
- Indigenous Youth Council for the National Association of Friendship Centers
- Ontario First Nations Young Peoples Council
- Ontario Native Women's Association
- Quebec Native Women's Association
The work of the Indigenous Advisory Process is ongoing. Members are actively engaged in co-developing consultation materials and offering guidance on the design of consultation events and activities for rights-holders.
Rights-holders information sharing kit
A Rights-Holders Information Sharing Kit has been established to support First Nations and impacted Indigenous rights-holders in preparation for consultation events on the second-generation cut-off and section 10 voting thresholds.
The Kit aims to support rights-holders' readiness for consultation by providing a robust description of the issues, namely, the second-generation cut-off and section 10 voting thresholds. The Rights-Holders Information Sharing Kit includes a broad distribution strategy by mail, email and is accessible online.
Community-specific data sheets have been developed as part of this initiative to highlight the impact of the second-generation cut-off on each First Nation's registered population across Canada. To view the community-specific data sheet for your First Nation, visit Open Data or contact the Registration Reform team at Reforme-de-linscription-Registration-Reform@sac-isc.gc.ca.
Information sessions
Information sessions on the Rights-Holders Kit will be offered throughout the Collaborative Process. Sessions will be held virtually through Zoom and will last approximately 60 minutes. The session will cover the key issues for consultation and be followed by a question and answer period. For more information or to register for a session, visit the Information Sessions Page.
Consultation readiness form
To achieve the thresholds of free, prior, and informed consent and the need for deep and meaningful consultation and cooperation as set out in the United Nations Declaration Act, First Nations are encouraged to self-assess their readiness prior to participating in consultation events.
Is your First Nation ready for consultation on the second-generation cut-off and section 10 voting thresholds? Let us know by filling out the Consultation Readiness Form.
Contact us
To find out more about the Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds, please contact Registration Reform: Reforme-de-linscription-Registration-Reform@sac-isc.gc.ca.
Related links
- Second-Generation Cut-Off
- Bill S-3: Eliminating known-sex-based inequities in registration
- Bill C-38, An Act to amend the Indian Act (new registration entitlements)
- United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan 2023-2028
- United Nations Declaration on the Rights of Indigenous Peoples Act: About the Act
- UN Declaration
- Background on Indian registration
- Launch of the Indigenous Advisory Process on broader reforms of the Indian Act