Options to Support Broader First Nation Jurisdiction: Summer 2026 Engagement Plan
Indigenous Services Canada is engaging on options to support broader First Nation jurisdiction.
On this page
Rationale
Currently, the Indian Act is the primary legal framework to determine who is a First Nation person (registered status-Indian) in Canadian law as a Status Indian. Although some First Nations determine their own membership, through section 10 of the Indian Act, or through Modern Treaty or Self-Government agreements, no Nations currently determine who is eligible for status under the Indian Act.
Through the Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds (the Collaborative Process), Canada has received a variety of proposals that were submitted from both individuals and First Nations on solutions to address the second generation cut-off and section 10 voting thresholds. This includes introducing a "single parent rule" to address to the immediate impacts of the second-generation cut-off, but also moving beyond the Indian Act to introduce new legislation that enables and recognizes a First Nation's jurisdiction over membership. This includes reviewing Section 10 voting thresholds and recognizing First Nations' membership codes and definitions, consistent with the United Nations Declaration of Indigenous Peoples (UN Declaration).
To advance the Collaborative Process, Indigenous Services Canada (ISC) is seeking feedback on how to implement all recommended approaches, including recognizing First Nation jurisdiction to determine their members according to their own traditional systems and codes. This could include the ways in which Canada can recognize, for the purposes of Indian status, individuals that the First Nation recognizes as community members.
The input received from this round of engagement could inform legislative options to support the transition away from the Indian Act to First Nation jurisdiction over membership, thereby enabling a range of different approaches in accordance with UN Declaration articles.
United Nations Declaration on the Rights of Indigenous Peoples
Canada has committed to advancing the co-developed United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan (PDF) Measure 2.9, which is a key driver for this work:
"Consult First Nations and other impacted Indigenous groups to support the co-development of opt-in alternatives to Indian Act registration and membership (First Nation citizenship). This will include a broad spectrum of Indigenous demographic groups, such as women, girls and 2SLGBTQI+ people, Elders, Treaty groups, etc."
Key United Nations Declaration of the Rights of Indigenous Peoples (PDF) articles related to self-determination and membership include:
- Article 3: "Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
- Article 18: "Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions."
- Article 19: "States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them."
- Article 33: "1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures."
Background
The Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds was formally launched in November 2023 as a direct response to a recommendation from the Minister's Special Representative to launch "a separate and more in-depth consultation process […] to develop solutions to address [the second-generation cut-off]", and to address UNDA Action Plan Measure 2.8. Concurrently, Bill C-38 (An Act to amend the Indian Act (new registration entitlements)) was introduced in December 2022, however the bill died on the Order Paper, along with all other bills on January 6, 2025, when Parliament was prorogued. On May 29, 2025, a new bill was introduced with the same content under Bill S-2 as An Act to amend the Indian Act (new registration entitlements).
A study of Bill S-2 began at the Standing Senate Committee on Indigenous Peoples (APPA) on September 24, 2025. Throughout the study, APPA heard testimony from First Nations, representative organizations, and advocates, which largely focused on an element that was not included in the original bill – addressing the second-generation cut-off. After nearly two months of testimony, on November 18, 2025, the Senate amended Bill S-2 to introduce a single-parent rule to address the second-generation cut-off (removing the cut-off introduced by the 1985 amendments to the Indian Act), with a 12-month delay of coming into force.
Bill S-2 moved to the House of Commons for First Reading on December 10, 2025, and passed second reading on February 27, 2026. It is currently before the Standing Committee on Indigenous and Northern Affairs (INAN) which began at INAN on April 16, 2026.
Guiding principles
The engagement process is designed to:
- promote mutual respect, understanding and good relations
- advance work together to implement the UN Declaration in Canada
- forge stronger relationships with Indigenous peoples
- advance reconciliation
The guiding principles of this engagement are:
- respect
- information sharing and transparency
- inclusiveness
- flexibility
Activities to date
See the timeline of key activities to date under the Collaborative Process.
Engagement approach
In this phase of engagement, feedback will focus on how to implement solutions to the second-generation cut-off, including options towards a self-determined approach for First Nation communities to define membership, as well as implementing the single-parent rule. This phase of engagement will focus on First Nation leadership and section 35 rights holders.
This engagement could inform the development of a draft legislative framework to recognize First Nation jurisdiction over membership and registration and support the transition from the Indian Act to First Nation jurisdiction.
As part of the continued Collaborative Process, engagement will include discussions on legislative options, including possible measures under the Indian Act. This includes:
- exploring expanded section 10 authority as a mechanism to enable First Nations to exercise greater control over membership decisions, including the ability to determine whether and how rules, such as the single-parent rule, would apply within their own membership codes while remaining within the Indian Act structure
- exploring the "double majority" requirement for those who seek to assume membership under the Indian Act, including voting thresholds and ratification of membership codes
- exploring legislative framework options that would recognize First Nation jurisdiction over their right to determine their own people through their own procedures and decision making, including an option of having a "single parent rule" in new legislation
Engagement with representative organizations will include:
- national, regional or provincial groups
- Treaty groups
- cultural groups
Efforts will be made to ensure all regions of Canada; Treaty groups; demographic groups such as women, girls and 2SLGBTQQIA+ people; Elders; knowledge keepers; youth; urban Indigenous groups; non-recognized Indigenous collectivities; and individuals are engaged, in accordance with the UNDA Action Plan Measure.
As part of the targeted engagement, consideration will be given to the unique experiences held by Modern Treaty or Self-Governing First Nations and First Nations operating under section 10 of the Indian Act. These First Nations may have particular interests and experiences on the practical implications that could benefit all. Further engagement will be made with Representative First Nation organizations across all regions of Canada as well as National Indigenous Organizations.
To complement leadership engagement and targeted discussions, ISC will provide updates through social media accounts and this webpage.
Get involved
First Nation partners can participate in the engagement in a number of ways:
- Attend an ISC-hosted engagement session (by invitation)
- Respond in writing to key discussion questions
- Request dedicated engagement discussions with ISC representatives (virtual, in person subject to feasibility)
A copy of this engagement plan is available by emailed request. For further information, to schedule an engagement session with your Nation or to provide input into the process, please contact citoyennetepn-fncitizenship@sac-isc.gc.ca.
Small amounts of funding may be available to support this engagement, please contact citoyennetepn-fncitizenship-@sac-isc.gc.ca to discuss funding options.
Discussion questions
This engagement period focuses around discussion questions were designed to promote input to help identify key principles that support the creation of a framework for new legislation. When preparing responses, respondents are asked to consider:
- existing models or frameworks
- legal viability
- Charter and human rights compliance
- impacts on demographic groups such as:
- women, girls and 2SLGBTQQIA+ people
- Elders
- knowledge keepers
- youth
- people with disabilities
- urban Indigenous groups
- non-recognized Indigenous collectivities
- individuals
Any or all questions can be answered depending on relevance to each respondent.
Addressing the Second-Generation Cut-off
- What do First Nations need from Canada in order to implement an approach the second-generation cut-off, whether it is amending the Indian Act with a "single parent approach" or addressing it through a more self-determined approach via opt-in legislative options?
- What other options could be considered to address the second-generation cut-off?
Core Principles
- What core principles should be included to support First Nations to move away from Indian Act registration and membership and protect the rights of individuals?
- How can Canada avoid imposing a one-size-fits-all approach while recognizing the diversity of First Nation governance systems, legal traditions, and citizenship laws?
- How can future approaches respect First Nation jurisdiction while remaining consistent with domestic and international human rights obligations?
- What safeguards are required to support small or under-resourced Nations and ensure they are not disadvantaged in this transition?
Minimum Standards/legal requirements
- What elements should be included in a new legislative framework that recognizes jurisdiction over membership?
- How could an opt-into mechanism to legislation work?
- How would this work for bands that are currently under Section 10 of the Indian Act, Self Government, or Modern Treaty agreements?
- What common or minimum standards and/or guidelines (legal requirements) should be included in federal legislation related to the determination of a First Nation member or citizen?
- What type of appeal/protest process would need to be in place for individuals to challenge First Nations' decisions?
Individual rights
- What ongoing obligations do Canada and/or First Nations have to registered individuals who may not be recognized as members of a First Nation? Who is obligated to address these?
- What mechanisms or safeguards may be required to support individuals impacted by differing federal and First Nation-specific approaches?
Indigenous Governing Bodies
- Would new models to assuming jurisdiction over membership be available exclusively to recognized Indian Act bands, or should other collectives such a Treaty groups, Tribal Council groups or other designated Governing bodies be recognized?
- What types of roles could a third-party/neutral body hold to support First Nations in jurisdiction over membership (e.g. legal compliance, appeals, registry, etc.)?
- What transition support do First Nations need for assuming and implementing jurisdiction?
National Registry
- For First Nations who assume jurisdiction, what role, if any, should Canada have as it pertains to the Registrar, maintaining a national Register, other infrastructure, historical records, issuing status cards, and systems?
- What, if any, type of standard or common identification (government or non-government) would be required to allow access to services and benefits or tax exemption?
- What role, if any, should a nationally maintained register (government or non-government) continue to play in the future?
Section 10 of the Indian Act
- How could expanding section 10 authority within the Indian Act support First Nations seeking broader jurisdiction over membership work? What changes to Section 10 authorities should be considered if there is legislation that recognizes First Nation jurisdiction?
- What reporting mechanism or information sharing agreements could be used for First Nations to report on who has been recognized so that federal registries could be updated?
- For First Nations transitioning from Canada-controlled membership under section 11 of the Indian Act to First Nation determined membership under section 10, the current requirement is to have a double-majority vote in favour of the transition (i.e. 51% of all members must vote, with 51% of those voting saying yes):
- What would you consider the appropriate voting threshold be to make the transitions under the Indian Act?
- What support do First Nations need to meet any voting threshold for the transition?