If you disagree with the Registrar's decision
Find out how to protest the Registrar's decision on your application for registration under the Indian Act.
If you applied for registration before the Indian Act was amended
If you applied for registration before the Indian Act was amended and your application was denied, you can reapply instead of submitting a protest. To find out whether to reapply or submit a protest, visit Have known sex-based inequities in the Indian Act affected your entitlement to registration.
On this page
What is a protest
A protest is a formal request to the Registrar to contest the decision on an application for registration in the Indian Register.
When a person submits an application for registration, the Registrar:
- determines if the person is entitled to be registered
- determines under which category the person is entitled to be registered
- adds the name of the person in the Indian Register
- adds the name of the person to a band list maintained at Indigenous Services Canada (ISC), if applicable
If you disagree with the Registrar's decision on an application for registration, you can challenge it by submitting a protest.
A protest can be made when the Registrar:
- has added a person's name in the Indian Register or to a band list maintained at ISC
- has deleted or omitted a person's name in the Indian Register or from a band list maintained at ISC
- has registered a person under a category that the person or their authorized representative considers incorrect, for example, registration under subsection 6(2) rather than subsection 6(1) of the Indian Act
The Registrar has no legal authority to determine additions, omissions or deletions to a First Nations list once a First Nation has assumed control of their membership. Protests related to those lists must be submitted in accordance with the First Nation's own rules or through a court.
Who can submit a protest
If the Registrar's decision relates to registration, only the person directly affected by the decision or their authorized representative can make a protest.
An authorized representative may include:
- a parent or legal guardian of a child (15 or younger) or dependent adult
- a lawyer
- another duly authorized person
If the Registrar's decision relates to a band list maintained at ISC, a protest can be made by:
- the band council
- any member of the band
- the person directly affected by the decision or their authorized representative
Protests made by the band council or a band member in relation to a name added to a membership list maintained at ISC can affect a person's entitlement to registration and the addition of their name in the Indian Register.
How to submit a protest
The protest must:
- briefly state the reasons for the protest
- by describing how the Indian Act may have been misinterpreted
or - by indicating what evidence was overlooked at the time of the decision
- by describing how the Indian Act may have been misinterpreted
- be submitted
- in writing to the Registrar
- within 3 years from the Registrar's decision
- by the person directly affected by the decision or their authorized representative, the band council or a band member
What you need to submit with a protest
If available, you can submit new evidence with the protest, including:
- statutory declarations from family members, close relatives, Elders or community members, or anyone with knowledge of parentage
- census records
- birth records
- church records
- hospital records
- school records
- band council resolutions
- band membership or First Nations citizenship list
- any other credible evidence
You don't need to provide evidence already submitted with your application for registration.
Where to submit a protest
A protest must be submitted in writing to the Registrar:
- in person at
- any regional office
- any First Nations office, if applicable
- by mail to
- Indigenous Services Canada
Protest Unit
10 rue Wellington
Gatineau, QC K1A 0H4
- Indigenous Services Canada
What the Registrar will do with the protest
If the protest meets the requirements specified under How to submit a protest, the Registrar will cause an investigation to be made.
When the investigation is complete, the Registrar will determine if the initial decision was:
- correct, and refuse the protest
or
- wrong, and accept the protest
The Registrar will send a letter to inform the protester and the person directly affected, if different from the protester, or their authorized representative, of the decision on the protest.
The Registrar's decision on a protest is final.
If you disagree with the Registrar's final decision on a protest
If you disagree with the Registrar's final decision on a protest, you may appeal it to a court within 6 months after the date of the decision.
The court may:
- determine that the Registrar's decision was correct
- rule that the Registrar's decision was wrong
- change the Registrar's decision
- refer the case back to the Registrar for reconsideration or further investigation
If you have any questions, contact Public enquiries.