STATUS CARDS WILL BE MADE BY APPOINTMENT ONLY
To book an appointment call Iris Corbiere, Interim Membership Clerk at
705-377-5362 ext 228
To book an appointment call Iris Corbiere, Interim Membership Clerk at
705-377-5362 ext 228
What is Indian status? Indian status is the legal status of a person who is registered as an Indian under the Indian Act.
Under the Indian Act, status Indians, also known as registered Indians, may be eligible for a range of benefits, rights, programs and services offered by the federal and provincial or territorial governments.
What is the Indian Register? The Indian Register is the official record identifying persons registered as status Indians under the Indian Act. The person is responsible for maintaining M'Chigeeng First Nation membership records and also acts as a liaison to the Indian Registrar of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)
Who is the Indian Registrar?The Indian Registrar is the only authority under the Indian Act who can determine a person’s eligibility for Indian status. The Indian Registrar is an Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) employee in charge of the Indian Register and the band lists.
The Indian Registrar makes the following decisions for the Register and band lists that are maintained at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC): to add a person's name; to delete a person's name; to omit (not add) a person's name.
INAC maintains certain band lists under section 11 of the Indian Act. Bands also have the option of determining their own membership.
How does a band assume control of its own membership?
There are two ways a band can assume control of its own membership:
In self-government negotiations, the process is similar to that set out in section 10 of the Indian Act; however, the Parliament of Canada will normally approve the membership rules when they are part of self-government legislation.
If the band is under section 10 of the Indian Act, the band works alone with its own legal counsel to develop the membership rules (code). INAC regional offices have no direct role in developing the band's membership rules.
If the band is under section 11 of the Indian Act, the band membership list is maintained at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) by the Indian Registrar.
Under the Indian Act, status Indians, also known as registered Indians, may be eligible for a range of benefits, rights, programs and services offered by the federal and provincial or territorial governments.
What is the Indian Register? The Indian Register is the official record identifying persons registered as status Indians under the Indian Act. The person is responsible for maintaining M'Chigeeng First Nation membership records and also acts as a liaison to the Indian Registrar of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)
Who is the Indian Registrar?The Indian Registrar is the only authority under the Indian Act who can determine a person’s eligibility for Indian status. The Indian Registrar is an Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) employee in charge of the Indian Register and the band lists.
The Indian Registrar makes the following decisions for the Register and band lists that are maintained at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC): to add a person's name; to delete a person's name; to omit (not add) a person's name.
INAC maintains certain band lists under section 11 of the Indian Act. Bands also have the option of determining their own membership.
How does a band assume control of its own membership?
There are two ways a band can assume control of its own membership:
- by developing its own membership rules (code) following the process set out in section 10 of the Indian Act
- by negotiating a broader set of self-government legislation
- the band must give notice to its electors of its intention to assume control of its membership
- the band must develop membership rules that protect any person's right to membership acquired when Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) was maintaining the band list
- a majority of the majority of the band members must approve the intent to assume control of its membership, that is, the majority of the electors of the band must vote, and a majority of those who vote must be in favour of the intent
- the band must give notice in writing to the Minister of Crown–Indigenous Relations and Northern Affairs that it is assuming control of its own membership and provide the Minister and the Office of the Indian Registrar with a copy of its membership rules
In self-government negotiations, the process is similar to that set out in section 10 of the Indian Act; however, the Parliament of Canada will normally approve the membership rules when they are part of self-government legislation.
If the band is under section 10 of the Indian Act, the band works alone with its own legal counsel to develop the membership rules (code). INAC regional offices have no direct role in developing the band's membership rules.
If the band is under section 11 of the Indian Act, the band membership list is maintained at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) by the Indian Registrar.
Section 10 Band - M'Chigeeng First Nation
Being a Section 10 band means that M'Chigeeng assumes control of its own membership under Section 10 of the Indian Act.
The Amendments to the Indian Act in 1985 separated registration in the Indian Register from band membership and gave the choice to bands to assume control of their own band membership. This means that if you are eligible for registration as a Status Indian, you may not necessarily be eligible for Band Membership. The reverse is also true: You may be eligible for Band Membership, but not for registration as a Status Indian.
REGISTRATION – The Indian Registrar retains sole responsibility for the registration of persons in the Indian Register. The term “Status Indian” is used to refer to a person who is registered. Normally, you are eligible for registration if: you were eligible before the Act was changed in 1985; you lost your registration as a result of your marriage to a non-Indian man; you lost your registration because your father was not an Indian; you lost your registration because you or your parents applied to give up registration and First Nation membership through the process known as "enfranchisement"; or Both your parents are eligible for registration for any reason.
THE INDIAN REGISTRAR – was first established in 1951, and is the official within the department who is responsible for the maintenance of the Indian Register and its component parts: the Band lists and General Lists. Band Lists – which contained the names of persons who were band members and entitled to be registered; and General Lists – which contained the names of persons who were not band members, but were entitled to be registered.
MEMBERSHIP -Membership in a band is determined either by: 1. the band under section 10 of the Indian Act. All decisions on who can become a member of a section 10 band are made by the band itself in accordance with the membership rules it has established; or 2. a piece of self-government legislation separate from the Indian Act; or 3. the Indian Registrar under Section 11 of the Indian Act. On June 8, 1987, MFN gave notice to the Minister of Indian Affairs and Northern Development that MFN is assuming control of its own membership. On September 25, 1987, Minister gives notice to MFN, that it is a section 10 band under the Indian Act and determines its own Band Membership.
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Individuals categorized as “6(2) ” cannot pass on status to their children who will not receive Treaty Rights pertaining to:
> Education Benefits
> Health Benefits
> Own Land on the Reserve
> Voting
> Hunting Rights
> Fishing Rights
Please list both parents on Certificate of Live Birth.
> Education Benefits
> Health Benefits
> Own Land on the Reserve
> Voting
> Hunting Rights
> Fishing Rights
Please list both parents on Certificate of Live Birth.
Changes were made to the Indian Act on June 28, 1985 when Bill C-31 was passed. Several categories of “status” were created. Anyone registered or was entitled to be registered before 1985 retained their status as 6(1)(a). Women who lost status because of husbands who enfranchised regained status as 6(1)(d). Children whose parents are any of the 6(1) categories are registered as 6(1)(f). Eventually 6(1)(f) will be the only category left as those eligible under the other 6(1) categories die off.
There is another category we should be concerned about and that is 6(2). This is where only one parent is registered under a 6(1) category. In other words the offspring of a status and a non-status or non-native. A 6(2) cannot pass on status. It is sometimes known as the cut off rule or the double mother clause.
What we are witnessing in our community is an increasing number of children classified as 6(2). If a 6(2) has children they cannot pass on status, their children are non-status. Since taking on the role of Indian Registration Administrator I have noticed there are many 6(2) children in our community and when you include off reserve the numbers probably reach over two hundred. But in some 6(2) cases I am aware that the child, and in some instances, adult, should be categorized as full status because I know both parents are full status or 6(1)(a).
The main reason for this situation is that the father is not listed on the Certificate of Live Birth. This is the document that Aboriginal Affairs relies on to determine the status of the child. When no father is listed Aboriginal Affairs automatically writes in, non-native, thereby giving the child a 6(2) category. This can be rectified by the father making a statutory declaration declaring paternity then Aboriginal Affairs will change the category to a 6(1). Changes to the Live Birth Certificate are not necessary for Aboriginal Affairs to make changes to their information base.
This is going to present a huge problem not only to the families but the whole community when the 6(2)’s start having children of their own, especially if they have children with non-status persons. The children that come from such a union will not have status. They will not be funded by Aboriginal Affairs and will not be entitled to education or health benefits, they will not be able to own land on the reserve or vote in elections, they will not have hunting and fishing rights or any other entitlement under Treaty.
There is another category we should be concerned about and that is 6(2). This is where only one parent is registered under a 6(1) category. In other words the offspring of a status and a non-status or non-native. A 6(2) cannot pass on status. It is sometimes known as the cut off rule or the double mother clause.
What we are witnessing in our community is an increasing number of children classified as 6(2). If a 6(2) has children they cannot pass on status, their children are non-status. Since taking on the role of Indian Registration Administrator I have noticed there are many 6(2) children in our community and when you include off reserve the numbers probably reach over two hundred. But in some 6(2) cases I am aware that the child, and in some instances, adult, should be categorized as full status because I know both parents are full status or 6(1)(a).
The main reason for this situation is that the father is not listed on the Certificate of Live Birth. This is the document that Aboriginal Affairs relies on to determine the status of the child. When no father is listed Aboriginal Affairs automatically writes in, non-native, thereby giving the child a 6(2) category. This can be rectified by the father making a statutory declaration declaring paternity then Aboriginal Affairs will change the category to a 6(1). Changes to the Live Birth Certificate are not necessary for Aboriginal Affairs to make changes to their information base.
This is going to present a huge problem not only to the families but the whole community when the 6(2)’s start having children of their own, especially if they have children with non-status persons. The children that come from such a union will not have status. They will not be funded by Aboriginal Affairs and will not be entitled to education or health benefits, they will not be able to own land on the reserve or vote in elections, they will not have hunting and fishing rights or any other entitlement under Treaty.
Do you have a Child that is still not Registered?
If you have a child that is entitled for registration with Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and still Not registered contact our office.
DOCUMENTS REQUIRED FOR REGISTRATION:
Statement of Live Birth (original long form) is required Signed Consent form of both parents to register with M’Chigeeng First Nation.
Ontario Works will assist in the payment ($35.00) for the long form birth certificate. For more information, contact Iris Corbiere, Interim Membership Clerk
APPLICATION INSTRUCTION TO OBTAIN CIS CARD
Certificate of Indian Status Card Information (Laminated Card)
If you are an adult (over 16 years old) and need a laminated status card (Certificate of Indian Status) you must bring with you 2 pieces of VALID ID.
For children under the age of 12 (1 piece of ID is needed along with a piece of Parent/Guardian ID)For children aged 12 to 16 they can either have 2 pieces of valid ID or 1 of their own and 1 of the parent/guardian Valid ID includes:
If you currently have been issued the Secure Certificate of Indian Status or have applied for the Secure card you must continue forward with this card and we will not issue a Laminated Status Card.
Secure Certificate of Indian Status (SCIS) Application Information
The SCIS can be applied for at the Indigenous and Northern Affairs Canada office located at 40 Elm St. Unit 290, Sudbury, ON. They are also accepting applications by mail. If you have any secure card questions you can call this local regional office at 705-622-5100 Toll Free: 1-800-567-9604 SCIS Application Information (Click Here)
Gender Equity in Indian Registration Act à Bill C-3
AANDC has developed an improved service for Bill C-3 applicants, whereby eligible applicants can expect to receive registration as an Indian under the Indian Act AND an in-Canada Secure Certificate of Indian Status (status card) in one step. This has resulted in the development of a new registration form and a process whereby applications will only be accepted by mail.
Gender Equity Info
Registration Process for Bill C-3 Applicants
Generally speaking, the key criteria to be newly entitled to registration are:
INAC Public Enquiries Contact Centre
Email: InfoPubs@ainc-inac.gc.ca
Phone: (toll-free) 1-800-567-9604
Fax: 1-866-817-3977
TTY: (toll-free) 1-866-553-0554
If you have a child that is entitled for registration with Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and still Not registered contact our office.
DOCUMENTS REQUIRED FOR REGISTRATION:
Statement of Live Birth (original long form) is required Signed Consent form of both parents to register with M’Chigeeng First Nation.
Ontario Works will assist in the payment ($35.00) for the long form birth certificate. For more information, contact Iris Corbiere, Interim Membership Clerk
APPLICATION INSTRUCTION TO OBTAIN CIS CARD
Certificate of Indian Status Card Information (Laminated Card)
If you are an adult (over 16 years old) and need a laminated status card (Certificate of Indian Status) you must bring with you 2 pieces of VALID ID.
For children under the age of 12 (1 piece of ID is needed along with a piece of Parent/Guardian ID)For children aged 12 to 16 they can either have 2 pieces of valid ID or 1 of their own and 1 of the parent/guardian Valid ID includes:
- Birth Certificate
- Health Card
- Provincial Identification Card
- Driver’s Licence
- Employee I.D. with digitized photo
- Student I.D with digitized photo
- Firearms licence
- Old (laminated) Status Card
If you currently have been issued the Secure Certificate of Indian Status or have applied for the Secure card you must continue forward with this card and we will not issue a Laminated Status Card.
Secure Certificate of Indian Status (SCIS) Application Information
The SCIS can be applied for at the Indigenous and Northern Affairs Canada office located at 40 Elm St. Unit 290, Sudbury, ON. They are also accepting applications by mail. If you have any secure card questions you can call this local regional office at 705-622-5100 Toll Free: 1-800-567-9604 SCIS Application Information (Click Here)
Gender Equity in Indian Registration Act à Bill C-3
AANDC has developed an improved service for Bill C-3 applicants, whereby eligible applicants can expect to receive registration as an Indian under the Indian Act AND an in-Canada Secure Certificate of Indian Status (status card) in one step. This has resulted in the development of a new registration form and a process whereby applications will only be accepted by mail.
Gender Equity Info
Registration Process for Bill C-3 Applicants
Generally speaking, the key criteria to be newly entitled to registration are:
- Did your grandmother lose her Indian status as a result of marrying a non-Indian?
- Is one of your parents registered, or entitled to be registered, under sub-section 6(2) of the Indian Act?
- Were you, or one of your siblings, born on or after September 4, 1951?
INAC Public Enquiries Contact Centre
Email: InfoPubs@ainc-inac.gc.ca
Phone: (toll-free) 1-800-567-9604
Fax: 1-866-817-3977
TTY: (toll-free) 1-866-553-0554
