About band membership and how to transfer to or create a band
Find out about band membership and how to transfer to, create, divide or merge a band.
On this page
How to transfer to another band
If the band you want to transfer to is under:
How does a band assume control of its own membership
There are 2 ways a band can assume control of its own membership:
- by developing its own membership rules following the process set out in section 10 of the Indian Act
- by negotiating a broader set of self-government legislation
Under the process set out in section 10 of the Indian Act:
- 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 the band list was maintained at ISC
- 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 the majority of those who vote must be in favour of the intent
- the band must give notice in writing to the Minister of Indigenous Services 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
If the Minister is satisfied that the conditions of section 10 of the Indian Act have been met, the band will receive notice that it has 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). ISC or CIRNAC 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 ISC by the Indian Registrar.
As of June 2017, 229 bands have assumed control of their own membership under section 10 of the Indian Act, while 38 control membership through self-government legislation outside of the Indian Act.
To find out more
To find out more about how a band assumes control of its own membership, contact:
- your ISC or CIRNAC regional office
- the Office of the Indian Registrar
- by phone: 1-800-567-9604
- by email: aadnc.rigipsoutiennational-iripmnationalsupport.aandc@canada.ca
How to create a band
Bands can be created in 3 ways:
- if asked by those proposing to form a new band, the Minister of Indigenous Services can create, under section 17 of the Indian Act, a new band made up mainly of status Indians
- if asked, after a majority vote by the bands, the Minister of Indigenous Services can merge bands
- if asked and under exceptional unusual circumstances, the Governor in Council can create a new band from a formerly unrecognized group of persons, as was the case with the Qalipu Mi'kmaq First Nation
Dividing a band
Band division falls under section 17 of the Indian Act.
When submitting a request for a band division, you must include the reasons for division and alternatives that were considered. There must be an identified land base and the division must be cost neutral.
Band division usually involves 5 steps:
- The proposed band negotiates the terms of separation with the other affected band or bands.
- ISC reviews the proposed terms to ensure the department can meet any obligations that will fall within its mandate and that all essential matters are addressed.
- The Deputy Minister of Indigenous Services Canada gives approval in principle to the proposal.
- A vote is held in the affected communities to ensure a majority agreement to the separation terms.
- The Minister of Indigenous Services approves the separation agreement in principle.
Most new bands have come into being from a band division. Some have involved both status and non-status Indians, following the general rule that registered members are the majority.
To find out more
Before you begin the band division process, contact your ISC or CIRNAC regional office, as more steps may be required than those listed here.
Merging bands
To merge, or amalgamate, a band with another band, you must submit to your ISC or CIRNAC regional office a band council resolution requesting the merger and give the reason for the request.
Before merging, the bands must prove that they have reached an agreement about how the bands' resources, such as land, assets and funding, will be distributed within the band. The ISC or CIRNAC regional office will examine the proposal to merge. There must be an identified land base and the merger must be cost neutral.
Band merging usually involves, 5 steps:
- The proposed band negotiates the terms of merging with the other affected band or bands.
- ISC reviews the proposed terms to ensure the department can meet any obligation that will fall within its mandate and that all essential matters are addressed.
- The Deputy Minister of Indigenous Services Canada gives approval in principle to the proposal.
- A vote is held in the affected communities to ensure a majority agreement to the merger terms.
- The Minister of Indigenous Services approves the merger agreement in principle.
No additional land will be provided by ISC to the band as a direct result of the merge.
To find out more
Before you begin the band merging process, contact your ISC or CIRNAC regional office, as more steps may be required than those listed here.
Seeking recognition as a band
ISC and CIRNAC regional offices work with unrecognized groups or collectives seeking recognition under the Indian Act. A recommendation is then made to ISC headquarters on what the groups or collectives are seeking in terms of rights. The ISC or CIRNAC regional office working with the groups or collectives must receive a formal written request from the groups or collectives if they officially are seeking to form a band.
To find out more
To find out more about seeking recognition as a new band, contact your ISC or CIRNAC regional office.