Over the years, there have been many rules for deciding who is eligible for registration as an Indian under the Indian Act. Important changes were made to the Act in June 1985, when Parliament passed Bill C-31, An Act to Amend the Indian Act, to bring it into line with the Canadian Charter of Rights and Freedoms.

The amendments:

• repeal discriminatory provisions of the Act, such as those related to gender, marriage and enfranchisement
• restore status and membership to persons who lost their status under previous legislation
• give First Nations the option of assuming control of their membership

If you are in one of the following categories, you may be able to restore your status as a Registered Indian:

• women who lost their status by marrying a man who was not a Status Indian
• children who lost their status because of their mother's marriage
• most people who were enfranchised (agreed to give up their status)
• children who lost their status at age 21 because their mother and their father's mother did not have status under the Indian Act before marriage
• children of unmarried women with status under the Act whose registration was successfully protested because their father did not have status under the Act

You may also be eligible to be registered as an Indian if one or both of your parents are eligible for registration.

To find out more about eligibility for registration under the Indian Act, contact your First Nation office or the nearest DIAND regional or district office.

HOW DO I APPLY FOR REGISTRATION?

Registration does not happen automatically.

For persons born on or after April 17, 1985:

1) Obtain a certified copy of the child's birth registration that shows the names of the child's parents. This document can be obtained from the Division of Vital Statistics for the province or territory where the child was born.

2) Write a letter that states that you wish to register the child as an Indian. Give the name of the parent with whom the child should be registered (children are registered with only one parent). Both parents must sign this letter.

3) Send the copy of the birth registration and the letter to your First Nation office or to your nearest DIAND office.

For persons born before April 17, 1985:

1) Obtain and fill out one of the following forms:

• For a person who is 18 or older: the "Application for Registration of an Adult under the Indian Act."
• For a person who is under 18 or for a person who is intellectually impaired: the "Application for Registration of Children under the Indian Act."

Note: Both forms can be obtained from offices of DIAND, First Nations or Aboriginal associations and Aboriginal friendship centres.

2) Include as much information as you can about the applicant's Aboriginal background and the name or location of the First Nation or First Nations to which the applicant's ancestors belonged. If you know the names of relatives who have been registered, you should include these also.

3) Send the completed form to:

Registrar
Indian Registration and Band Lists
Department of Indian Affairs and Northern Development
Ottawa, Ontario
KIA 0H4

If DIAND staff require more information, they will contact you by mail or telephone.