Proposed Solutions for the Second-Generation Cut-Off and Section 10 Voting Thresholds

A funding proposal form for First Nations and Indigenous Organizations to submit options for solutions as part of the Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds.

Privacy Statement

The collection, use and disclosure of personal information by Registration and Membership is authorized under the Indian Act, and is in accordance with the requirements of Privacy Act. Information collected will be used exclusively to assess and communicate the status of the submitted funding application. The collection, use and disclosure of your personal information is required for establishing a point of contact to receive potential Departmental funding. Personal information will be retained pursuant to the Privacy Act and its Regulations.

The collection of information is described in the ISC PPU 110 located in the departmental InfoSource, available at infosource.gc.ca. Individuals have the right to the protection of, access to and request the correction of their personal information under the Privacy Act. If you require clarification concerning the Privacy Notice Statement, please contact the Departmental Access to Information and Privacy Office at 1-819-997-8277 or by email at aadnc.upvp-ppu.aandc@canada.ca.

For more information on privacy issues, your right to file a complaint and the Privacy Act in general, you can consult the Privacy Commissioner at 1-800-282-1376.

Project Description

Issue 1: Second-Generation Cut-Off

The second-generation cut-off occurs after two consecutive generations of parenting with a person who is not entitled to registration, resulting in the third generation not being entitled to registration under the Indian Act. This means if an individual has one grandparent and one parent who are not entitled to registration, the individual will not be entitled to registration.

Community-specific data sheets on the impacts of the second-generation cut-off are available online by visiting Open Data, or by email request.

Issue 2: Section 10 Voting Thresholds

Under section 10 of the Indian Act, First Nations can assume control of their band membership through the creation and adoption of membership codes. To assume control, First Nations must meet several requirements—including consent from the First Nation’s eligible electors.

Consent is achieved only if a "double majority" voting threshold is met — meaning that a majority of the eligible electors of the band must vote, and the majority of those who vote must be in favour.

These issues are being consulted on simultaneously because a solution to the second-generation cut-off may result in an additional 225,000 (or more) individuals becoming newly entitled under the Indian Act. This potential influx would make the double majority voting thresholds a significant obstacle for First Nations who wish to take control of their membership under section 10 of the Indian Act.

Indigenous Services Canada is funding First Nations and Indigenous organizations who wish to propose options for solutions to these issues. Recommendations made in the reports submitted will be assessed for legal viability as potential legislative amendments and will be included in a consultation guide that will support First Nations and Departmentally-led consultation events.

Deadlines

Funding Proposal Template: March 14, 2025
Final Report (for successful applicants): Indigenous-Led Options for Solutions: May 30, 2025

Date modified: 2024-12-06