Do you disagree with the Indian Registrar’s decision
Find out how to protest the Indian Registrar's decision on your application for Indian status.
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What is a protest
A protest is a formal request to the Office of the Indian Registrar to contest the Indian Registrar's decision on an application for Indian status.
When a person applies for Indian status, the Indian Registrar:
- determines if the person is entitled to be registered as a Status Indian
- determines under which category the person is entitled to be registered
- adds the name of the person to the Indian Register
- adds the name of the person to a band list that is maintained by the Indian Registrar under section 11 of the Indian Act, if applicable
If you don't agree with the Indian Registrar's decision on an application for Indian status, you can challenge it by submitting a protest.
Under section 14.2 of the Indian Act, a protest can be made when the Indian Registrar:
- has added a person's name to the Indian Register or a band list maintained by the Indian Registrar
- has deleted or omitted a person's name from the Indian Register or a band list maintained by the Indian Registrar
- has registered a person under a category that the person or their authorized representative considers incorrect, such as registration under subsection 6(2) rather than subsection 6(1) of the Indian Act
The Indian Registrar has no legal authority to determine additions, omissions or deletions to a band list once a band has assumed control of their band membership under section 10 of the Indian Act or in a self-government agreement. Protests related to those band lists must be submitted in accordance with the band's own rules or through the courts.
Who can submit a protest
If the Indian Registrar's decision relates only to the Indian Register, the person directly impacted 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 of a dependent adult
- a lawyer
- another duly authorized person
If the Indian Registrar's decision relates to a band list maintained by the Indian Registrar under section 11 of the Indian Act, a protest can be made by:
- the band council
- any member of the band
- the person directly impacted or their authorized representative
Protests made by the band council or a band member in relation to a name added to a band list maintained by the Indian Registrar can impact a person's entitlement to Indian status and the addition of their name to the Indian Register.
How to submit a protest
Under section 14.2 of the Indian Act, 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
and must be submitted:
- in writing to the Indian Registrar
- within 3 years from the Indian Registrar's decision
- by the person directly impacted or their authorized representative, the band council or a band member
Any information provided to the Indian Registrar to protest a decision is received in confidence and exempt from disclosure under the provisions of the Privacy Act.
Where to submit a protest
A protest must be submitted in writing to the Indian Registrar:
Indigenous Services Canada
Protest Unit
10 rue Wellington
Gatineau, QC K1A 0H4
What will the Registrar do with the protest
If the protest meets the requirements specified under How to submit a protest, the Indian Registrar will start an investigation and notify the protester, as well as the person directly impacted or their authorized representative if different from the protester, that a decision will be made based on the results of that investigation.
Once the investigation is complete, the Indian Registrar will determine if the initial decision was:
- correct, and refuse the protest
or - wrong, and accept the protest
The Office of the Indian Registrar will advise the protester, as well as the person directly impacted or their authorized representative if different from the protester, of the Indian Registrar's decision in writing.
The Indian Registrar's decisions on protests are final.
What if you disagree with the Indian Registrar's decision on a protest
If you disagree with a final decision on a protest, you may appeal to a court under section 14.3 of the Indian Act within 6 months after the Indian Registrar has rendered the decision.
According to section 14.3 of the Indian Act, the court may:
- determine that the Indian Registrar's decision was correct
- rule that the Indian Registrar's decision was wrong
- change the Indian Registrar's decision
- refer the case back to the Indian Registrar for reconsideration or further investigation
If you have any questions, contact Public enquiries.