The Indian Act.. This part of the Indian Act is about Status card.

The Indian Act.. This part of the Indian Act is about Status card.

Persons entitled to be registered

 

6. (1) Subject to section 7, a person is entitled to be registered if

(a) that person was registered or entitled to be registered immediately prior to April 17, 1985;

(b) that person is a member of a body of persons that has been declared by the Governor in Council on or after April 17, 1985 to be a band for the purposes of this Act;

(c) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iv), paragraph 12(1)(b) or subsection 12(2) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions;

(c.1) that person

(i) is a person whose mother’s name was, as a result of the mother’s marriage, omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under paragraph 12(1)(b) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions,

(ii) is a person whose other parent is not entitled to be registered or, if no longer living, was not at the time of death entitled to be registered or was not an Indian at that time if the death occurred prior to September 4, 1951,

(iii) was born on or after the day on which the marriage referred to in subparagraph (i) occurred and, unless the person’s parents married each other prior to April 17, 1985, was born prior to that date, and

(iv) had or adopted a child, on or after September 4, 1951, with a person who was not entitled to be registered on the day on which the child was born or adopted;

(d) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(1), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions;

(e) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951,

(i) under section 13, as it read immediately prior to September 4, 1951, or under any former provision of this Act relating to the same subject-matter as that section, or

(ii) under section 111, as it read immediately prior to July 1, 1920, or under any former provision of this Act relating to the same subject-matter as that section; or

(f) that person is a person both of whose parents are or, if no longer living, were at the time of death entitled to be registered under this section.

Idem

 

(2) Subject to section 7, a person is entitled to be registered if that person is a person one of whose parents is or, if no longer living, was at the time of death entitled to be registered under subsection (1).

Persons not entitled to be registered

 

7. (1) The following persons are not entitled to be registered:

(a) a person who was registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and whose name was subsequently omitted or deleted from the Indian Register under this Act; or

(b) a person who is the child of a person who was registered or entitled to be registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and is also the child of a person who is not entitled to be registered.

Exception

 

(2) Paragraph (1)(a) does not apply in respect of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

Idem

 

(3) Paragraph (1)(b) does not apply in respect of the child of a female person who was, at any time prior to being registered under paragraph 11(1)(f), entitled to be registered under any other provision of this Act.

R.S., 1985, c. I-5, s. 7; R.S., 1985, c. 32 (1st Supp.), s. 4.

http://web.ncf.ca/de723/statuschild.html

 

In Canada, some adoptees may be registered as status Indians and as such, may be eligible for certain benefits.

 

The registration of persons as Indians is the responsibility of the Department of Indian Affairs and Northern Development in Ottawa. The Registrar, appointed under the Indian Act, determines who is and who is not entitled to be registered as an Indian using the entitlement criteria provided in the Indian Act. For more information, please see Who is entitled to receive benefits? on the DIAND website. The Indian Act does not allow for a loss of status by reason of adoption. Therefore Indian children remain registered whether they are adopted by Indians or non-Indians. Additionally, the Indian Act allows non-Indian children adopted by Indians to gain Indian status and possibly band membership.

 

Registration

 

When the Registrar of Indians receives confirmation of the adoption, she takes the following steps:

If the adoptive parents are members of the same band, the child is removed from registration number of the natural parent and is registered with the adoptive parents under his or her adoptive name.

If the adoptive parents are members of another band, a transfer to the band of the adoptive parents can only be considered upon the request of the band council of the padoptive parents’ band.

If the adoptive parents are non-Indian, the child is removed from the registry number of the natural parents and is registered separately in the band. Although the child remains a band member, his or her name does not appear on a published band list.

Trust Funds

 

Indian children adopted by non-Indians may or may not be entitled (depending on the Indian band to which they belong) to band per capita payments. If they are, their funds are placed in individual savings accounts and are administered in the following manner:

the funds are held in trust and paid to the child on application after he or she reaches the age of 18

the funds may be paid out prior to the adopted child reaching the age of 18 only if it can be shown that the interests of the child will suffer if an early release of any or all of the funds being held in trust is not provided.

These funds will not be released unless the child asks for them. The amount of funds held in trust will vary according to the band.

Release of Information

 

When an adopted Indian child reaches the age of 18, the Registrar will provide him or her with a registry number, and the name of the Indian band to which he or she may be registered. This is done only upon request. After a registry number has been issued, a Certificate-of-Indian-Status card will also be provided if requested.

 

Contact

 

Adoption Team

Indian Registration and Band Lists

Department of Indian Affairs and Northern Development

Ottawa, Ontario

K1A 0H4

 

Phone: (819)953-0960

On December 15, 2010 Bill C-3 Gender Equity in Indian Registration Act received Royal Assent and is in effect as of January 31, 2011. Bill C-3 will ensure that eligible grand-children of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status). Because of this legislation, approximately 45,000 persons will become newly entitled to registration.

 

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?

General enquires on Gender Equity in Indian Registration Act should be directed to:

 

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

 

Bill C-3 applicants will be offered an improved service, 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. The Secure Certificate of Indian Status is an identity document issued by INAC to confirm that the cardholder is registered as a Status Indian under the Indian Act.

 

INAC is providing this service to Bill C-3 applicants as they do not currently have a status card. As INAC is moving towards fully implementing the Secure Certificate of Indian Status, it is more efficient for both clients and for INAC to provide these new first-time clients with the new SCIS at the time of registration. Both cards, the current Certificate of Indian Status and the new SCIS provide equal access to benefits and access to programs.

 

This service has resulted in the development of a specific registration form which must be used by Bill C-3 applicants when submitting their request for registration. Application forms are available at the following locations:

 

Online: visit the Bill C-3 application forms section of INAC’s website

By mail: Call 1-800-567-9604 to request an application package.

In person: At any INAC Regional office or call 1-800-567-9604 , or at any Service Canada Centre or call 1-800-O-Canada 1-800-622-6232 .

Due to the large volume of applications that is anticipated to be received in a short time frame, INAC will only be offering a self-service mail-in application option. INAC has set up a dedicated processing unit to handle in a timely fashion Bill C-3 applications. We therefore ask applicants not to send their application to INAC regional offices or Service Canada Centres, but rather to mail it directly to the INAC Processing Unit to ensure that their application is processed in an expedited manner:

 

INAC Application Processing Unit

Indian and Northern Affairs Canada

GD Stn Main

Winnipeg MB R3C 0M2

 

Applicants will be required to include certain identification documents with their completed application form in order to be registered and receive an in-Canada SCIS:

 

Original birth certificate (listing parents names)

Two passport style photographs

Copies of valid identification (i.e. – driver’s licence, passport, government issued ID – copies signed by guarantor)

Guarantor Declaration for SCIS

And if applicable:

 

Legal change of name document or marriage certificate

Custody Court Order

Statutory Declaration Form(s)

Applicants are strongly encouraged to provide all required information and documentation at the time of application. This will avoid unnecessary delays in obtaining registration and the SCIS. Incomplete applications will be assessed for eligibility of registration, and if deemed eligible, clients will be contacted to provide any remaining information or documents

 

We also encourage applicants to use the INAC Public Enquiries Contact Centre ( 1-800-567-9604 ) for questions and mail-in their complete applications directly to the INAC Processing Unit to ensure optimal client service under the circumstances introduced with Bill C-3.

 

Confirmation of registration and receipt of the in-Canada format of the SCIS will occur in two stages. INAC has established an application processing service level standard, which takes into consideration the expectation of receiving large volumes of applications over a short time period. Applications which are complete will be processed for registration within 4-6 months. Individuals who are deemed eligible for registration will receive a letter of confirmation and providing them with registration number which will allow access to benefits and services until the in-Canada SCIS is issued.

 

If all the required documentation has been provided with the application, individuals will receive their in-Canada format of the SCIS within 10-12 weeks after the letter confirming registration has been mailed.

 

http://www.ainc-inac.gc.ca/br/is/bll/rpb/index-eng.asp

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s