HOUSEINCOMMITTEE

Senate

45th Parliament · Session 1

Bill S-2: An Act to amend the Indian Act (new registration entitlements)

Introduced

May 29, 2025

Current Stage

HouseInCommittee

Last Updated

February 27, 2026

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Bill S-2

Fri Feb 27 2026

An Act to amend the Indian Act (new registration entitlements)

Impact Rating

4/5

Short Summary

Fixes historical gender discrimination in the Indian Act, granting Status Indian rights to thousands of previously excluded descendants, as mandated by a court ruling.

Indian Act

Status Indian

Indigenous Rights

Historical Discrimination

Registration Entitlements

Detailed Analysis

This bill amends the Indian Act to correct historical and ongoing gender-based discrimination in who is entitled to Status Indian registration. It specifically addresses issues raised by court challenges, granting status to individuals and their descendants who were previously excluded under outdated rules related to marriage or voluntary enfranchisement before 1985. Additionally, the bill removes the offensive and antiquated legal term "mentally incompetent Indian" and replaces it with the modernized term "dependent person" for the purpose of managing estates. The legislation explicitly prevents individuals who gain status from suing the government for compensation related to the decades they were denied rights.

Why does this bill exist?

Origin (Court Ruling)

This bill is a direct response to the Nicholas v. Canada (Attorney General) Charter challenge, which found that certain provisions in the Indian Act still resulted in discriminatory registration entitlements.

Key Points

Expands Status Indian registration to include individuals and their descendants who were historically excluded by discriminatory clauses related to marriage or enfranchisement prior to 1985.
Repeals the offensive term "mentally incompetent Indian" and replaces it with the modern, clinical term "dependent person" concerning the administration of estates.
Allows Status Indians to voluntarily apply to have their names removed from the Indian Register and Departmental Band Lists.
Confirms that gaining registration under these new amendments does not create a right to compensation or damages against the Crown for past discrimination.
Clarifies the Minister's authority to administer the estates of dependent persons, updating the language but retaining the underlying power.

Impact By Group

Previously excluded Indigenous individuals and their descendants

(Rights Expanded)

They become entitled to Status Indian registration, gaining access to federal programs, tax exemptions on reserves, and non-insured health benefits.

Indigenous communities/Band Councils

(Harder)

Band lists maintained by the government will grow, potentially increasing the demand for limited community housing, infrastructure, and services funded by the Band or federal transfers.

Vulnerable Indigenous persons (dependent persons)

(Neutral)

The derogatory legal term used to define their status is removed and replaced with 'dependent person,' though the Minister retains the same legal authority over their estates.

Benefits & Pros

Rectifies long-standing gender-based discrimination within the core legislation governing Indigenous identity and rights.

Provides access to federal programs and benefits (like health and education funding) for thousands of newly registered Status Indians.

Removes derogatory and outdated language from federal statutes, contributing to reconciliation efforts.

Affirms the ability of a person to choose self-determination by allowing them to voluntarily remove their name from the Register.

Beneficiaries

Individuals and descendants previously denied Status due to gender or marriage discrimination

First Nations seeking to correct historical injustices

The federal government (by resolving a Charter challenge and preventing compensation lawsuits)

Risks & Cons

Explicitly shields the government from liability and compensation claims by those who suffered decades of marginalization due to denied status.

The influx of thousands of new members could strain the housing, infrastructure, and social services capacity of First Nations communities.

The bill maintains the Minister's ultimate authority over the property of 'dependent persons,' continuing a paternalistic approach to vulnerable people.

Does not fully address all remaining forms of discrimination in the Indian Act registration system.

Affected Groups

None directly, but Band Councils may face resource strain due to increased membership

Before & After

Currently, a woman who lost her status in 1960 for marrying a non-Indigenous man, and her children, may be denied registration due to discriminatory clauses. Under this bill, she and her direct descendants become entitled to Status Indian registration, granting them access to federal health, education, and housing programs.

Real World Scenario

Currently: Mary Smith, whose ancestor lost status in the 1950s due to marriage discrimination, is denied Status Indian registration and cannot access non-insured health benefits (like dental care) for her children. Under this Bill: Mary applies and is granted Status Indian registration, allowing her and her children to receive federal education funding and non-insured health benefits.

Frequently Asked Questions

Who specifically gains Status Indian rights under this new law?

Can I sue the government for compensation if I was denied status for decades?

House of Commons

First reading

Completed on December 10, 2025

Second reading

Completed on February 27, 2026

Consideration in committee

In Progress

Report stage

Not yet started

Third reading

Not yet started

Senate

First reading

Completed on May 29, 2025

Second reading

Completed on June 25, 2025

Consideration in committee

Completed on November 25, 2025

Report stage

Completed on December 2, 2025

Third reading

Completed on December 4, 2025

Abuse Potential

The bill updates the language related to individuals unable to manage their estates (changing 'mentally incompetent Indian' to 'dependent person') but leaves the Minister with exclusive and broad jurisdiction over these estates. The Minister retains the power to appoint administrators, order the sale or disposal of property, and make any orders deemed necessary for satisfactory management. While intended to protect vulnerable individuals, this grants significant, unchecked power to a federal official over the private property of certain Status Indians, raising the risk of paternalistic overreach or property mismanagement, which has historically occurred under the Indian Act.

Financial Impact

This bill will result in significant, ongoing federal spending to provide new Status Indian benefits (healthcare, education, housing support) to the newly registered population. It explicitly blocks compensation claims for past discrimination.

Broad Economic Impact

Direct Cost/Benefit

Everyday Life

Moderate impact

Admin Burden

Requires new forms

Timeline

Phased in over 1-2 years. While the law takes effect immediately, the administrative process of applying for and processing the expected influx of registrations will take time, delaying access to benefits for many applicants.

Bill Text Versions

2 Versions

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Summary

This enactment amends the Indian Act to provide, among other things, new entitlements to registration in the Indian Register in response to the challenge of certain provisions of the Act under the Canadian Charter of Rights and Freedoms in Nicholas v. Canada (Attorney General) and that the persons who have become so entitled also have the right to have their names entered in a Band List maintained in the Department of Indigenous Services.

Full Text

R.S., c. I- 5 Indian Act 1 (1) The definition mentally incompetent Indian in subsection 2(1) of the Indian Act is repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: dependent person means an Indian who, under an Act of the province in which they reside, has been found to be unable to manage their estate by reason of an illness or impairment affecting their cognitive capacity; ( personne dépendante ) R.S., c. 48 (4th Supp.), s. 1 2 Section 4.1 of the Act is replaced by the following: Provisions that apply to all band members 4. 1 A reference to an Indian in any of the following provisions shall be deemed to include a reference to any person whose name is entered in a Band List and who is entitled to have it entered therein: the definitions band , Indian moneys and dependent person in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(g) and (h), subsection 74(4), section 84, paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b). 3 Section 5 of the Act is amended by adding the following after subsection (7): Application for removal (8) A person who wishes to have their name removed from the Indian Register shall apply in writing to the Registrar, in which case the Registrar shall remove their name from the Indian Register and from the Band List maintained in the Department. 2017, c. 25, ss. 2(2) and 2.1(3) 4 (1) Paragraph 6(1)(a.1) of the Act is replaced by the following: (a.1) the name of that person was omitted or deleted from the Indian Register, or from a Band List before September 4, 1951, under (i) subparagraph 12(1)(a)(iii) or (iv), paragraph 12(1)(b) or subsection 12(2), as each provision read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as any of those provisions, (ii) section 13, as it read immediately before September 4, 1951, or under any former provision of this Act relating to the same subject matter as that section, (iii) section 111, as it read immediately before July 1, 1920, or under any former provision of this Act relating to the same subject matter as that section, or (iv) section 112, as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that section; 2017, c. 25, s. 2.1(5) (2) Paragraph 6(1)(a.3) of the Act is replaced by the following: (a.3) that person is a direct descendant of a person who is, was or would have been entitled to be registered under paragraph (a), (a.1) or (a.2); R.S., c. 32 (1st Supp.), s. 4 (3) Subsection 6(1) of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraphs (d) and (e). 2017, c. 25, s. 2(4) (4) Paragraph 6(1)(f) of the Act is replaced by the following: (f) at least one parent of that person is entitled to be registered under this section or, if the parent is no longer living, was or would have been so entitled at the time of their death. 2017, c. 25, s. 2(5) (5) Subsections 6(2) and (2.1) of the Act are repealed. 2017, c. 25, s. 2.1(6) (6) The portion of subsection 6(3) of the Act before paragraph (a) is replaced by the following: Deeming provision (3) For the purposes of paragraphs (1)(a.3) and (f), 2017, c. 25, s. 2.1(7) (7) Paragraph 6(3)(b) of the Act is replaced by the following: (b) a person who is described in paragraph (1)(a.1) or (f) or subsection (2) and who was no longer living on April 17, 1985 is deemed to be entitled to be registered under that paragraph or subsection; and 2017, c. 25, s. 2.1(7) (8) Paragraph 6(3)(b) of the Act is replaced by the following: (b) a person who is described in paragraph (1)(a.1) or (f) and who was no longer living on April 17, 1985, is deemed to be entitled to be registered under that paragraph; and R.S., c. 32 (1st Supp.), s. 4 5 (1) Paragraph 11(1)(d) of the Act is replaced by the following: (d) that person is entitled to be registered under paragraph 6(1)(f) and at least one parent of that person is entitled to have their name entered in the Band List or, if the parent is no longer living, was or would have been so entitled at the time of death. R.S., c. 32 (1st Supp.), s. 4 (2) Paragraph 11(2)(a) of the Act is repealed. R.S., c. 32 (1st Supp.), s. 4 (3) Paragraph 11(2)(b) of the Act is replaced by the following: (b) if that person is entitled to be registered under paragraph 6(1)(f) and a parent referred to in that provision is entitled to have their name entered in the Band List or, if no longer living, was or would have been, at the time of their death, entitled to have their name entered in the Band List. 2017, c. 25, s. 3.1(2) (4) Paragraph 11(3)(a) of the Act is replaced by the following: (a) a person whose name was omitted or deleted from the Indian Register or a Band List in the circumstances set out in paragraph 6(1)(a.1) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member is deemed to be entitled to have the person’s name so entered; (5) Section 11 of the Act is amended by adding the following after subsection (3.1): Additional membership rules — married women (3.2) A person is entitled to have their name entered in a Band List that is maintained in the Department for a band if (a) the person ceased to be a member of that band under section 14, as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that section; or (b) the person is entitled to be registered and is a direct descendant of a person referred to in paragraph (a). 6 Section 51 of the Act and the heading before it are replaced by the following: Dependent Persons Powers of Minister generally 51 (1) Subject to this section, all jurisdiction and authority in relation to the estate of a dependent person is vested exclusively in the Minister. Particular powers (2) Without restricting the generality of subsection (1), the Minister may (a) appoint a person to administer the estate of a dependent person; (b) order that any property of a dependent person shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose of (i) paying their debts or engagements, (ii) discharging encumbrances on their property, (iii) paying debts or expenses incurred for their maintenance or otherwise for their benefit, or (iv) paying or providing for the expenses of future maintenance; and (c) make such orders and give such directions as the Minister considers necessary to secure the satisfactory management of the estate of a dependent person. Property off reserve (3) The Minister may order that any property situated off a reserve and belonging to a dependent person shall be dealt with under the laws of the province in which the property is situated. 7 Subsections 64.1(1) and (2) of the Act are amended by replacing “6(1)(a.1), (d) or (e)” with “6(1)(a.1)”. Related Provisions Same meaning 8 Words and expressions used in sections 9 to 11 have the same meaning as in the Indian Act . Entitlements continued 9 For greater certainty, a person’s entitlement to be registered continues if their name or the name of one of their parents, grandparents or other ancestors is removed from the Indian Register under subsection 5(8) of the Indian Act , as enacted by section 3 . Deeming provision 10 For greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act , any person who was, immediately before the day on which subsection 4(5) of this Act comes into force, registered and entitled to be registered under subsection 6(2) of the Indian Act is deemed registered under paragraph 6(1)(f) of the Indian Act . Registration entitlements recognized 11 For greater certainty, for the purpose of paragraph 6(1)(f) of the Indian Act , the Registrar must recognize any entitlements to be registered that existed under subsection 6(2) of the Indian Act immediately before the day on which subsection 4(5) of this Act comes into force. Coming into Force Twelve months after royal assent 12 Subsections 4(2), (4), (5), (6) and (8) and 5(1) and (3) come into force 12 months after the day on which this Act receives royal assent.

Version History

December 5, 2025 at 07:20 PM

Doc ID: 13810695

May 30, 2025 at 06:28 AM

Doc ID: 13542656