Membership

Dianne Debassige
MFN Membership & Indian Registration Administrator

705-377-5362 ext. 228
dianned@mchigeeng.ca

Membership Requests:
MFN members call or email to schedule an appointment for Indian Registration Services.

These services are as follows:

Birth Registration

Application for Newborns

Download

Treaty Annuity

Payment Request Form
(click here for contact info)

Download

Indian Registration

16yrs and older

Download

M'Chigeeng Anishinaabek

Belonging Law

Read More

Field or Life Events

And Amendments

Download

MFN Section 10

Membership Registry
.

Learn More

Secured Certificate

of Indian Status Photo App

More Info
Secured Certificate of Indian Status for Already Registered Persons
Download

Determining Entitlement

Entitlement Definition
6 (1)(a)
can pass down entitlement
  • Persons registered or entitled to be registered prior to April 17, 1985, including:
  • Persons born prior to August 14, 1956 who are the illegitimate children of Indian mothers and nan-Indian fathers; if the children were never previously registered and there is no evidence that the Registrar declared them not entitled to be registered before April 17, 1985.

6(1)(a.1)
can pass down entitlement
(formerly 6(1)(c))
  • Indian women who lost their status as a result of marriage to a non-Indian.
  • Children who were enfranchised as a result of their mother’s marriage to a non-Indian -12(1)(a)(iii}.
  • Illegitimate children who were removed as a result of a protest due to non-Indian paternity under the former subsection 12(2).
  • Persons who were omitted or deleted under the former paragraph 12(l)(a)(iv) – double mother clause.
  • Illegitimate children of Indian women born prior to August 14, 1956 who were omitted or deleted because of non-Indian paternitv (truly omitted).

6(1)(a.2) 
Can pass down entitlement
(formerly 6(1)(c.3))
  • Illegitimate female child born between September 4, 1951 and April 16, 1985 of an Indian male that was registered/entitled to be registered under paragraph 6(1)(a) at the time of the child’s birth (Child’s mother was a non-lndian at the time of the child’s birth).
6(1)(a.3) 
Can pass down entitlement
(new category- 2019)
  • Direct descendant of a person entitled/registered under paragraph 6(1)(a.1), 6(1)(a.2)
    i) they were born before April 17, 1985 or
    ii) they were born after April 16, 1985 but their parents were married ta each other prior to April 17, 1985.

** Direct descendant refers to a child, grand-child, great-grandchild, great great-grandchild etc. This means a child of a 6(1)(a.3) can also be entitled under 6(1)(a.3).

6(1)(b) 
Can pass down entitlement 
  • Persons who are members of groups declared to be new bands by the Governor in Council. (Example, Qalipu First Nation, the Mushuau lnnu and Sheshatshiu lnnu First Nations)
6(1)(d) 
Can pass down entitlement
  • Persons who enfranchised by application prior to April, 1985 whose names appeared on an enfranchisement order.
  • Minor unmarried children who are deemed to have been enfranchised with their parent(s) prior to September 4, 1951 but whose names do not appear on an enfranchisement order whether or not their names were actually on the band list.
  • Wives of Indian men who enfranchised prior to September 4, 1951 who were held to be enfranchised even though their names may not appear on the order, unless the wives are affected bv Section 7.
6(1)(e) 
Can pass down entitlement
  • Persons who were removed from membership as a result of living outside of Canada for over five years without authority from the Superintendent General (Section 13 of the Indian Acts of 1906 and 1927).
  • Persons who were enfranchised as a result of their profession or education or because they had entered religious orders (Section 11 of the Indian Act of 1906).
6(1)(f) 
Can pass down entitlement
  • Persons who have no entitlement under any other provision of subsection 6(1) of the Act and whose parents are both registered or entitled to registration as Indians under Section 6 of the Indian Act.
6(2) 
Can only pass down entitlement if other parent is also entitled/registered under Section 6 of the Indian Act
  • Persons who have no entitlement under any other provision of subsection 6(1) of the Indian Act.
  • Persons who have one parent who is registered or entitled to be registered under subsection 6(1) of the Indian Act.

 

Frequently Asked Questions

What is Indian status? Indian status is the legal status of a person who is registered as an Indian under the Indian Act.
Under the Indian Act, status Indians, also known as registered Indians, may be eligible for a range of benefits, rights, programs and services offered by the federal and provincial or territorial governments.

What is the Indian Register? The Indian Register is the official record identifying persons registered as status Indians under the Indian Act. The person is responsible for maintaining M’Chigeeng First Nation membership records and also acts as a liaison to the Indian Registrar of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)

Who is the Indian Registrar? The Indian Registrar is the only authority under the Indian Act who can determine a person’s eligibility for Indian status. The Indian Registrar is an Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) employee in charge of the Indian Register and the band lists.
The Indian Registrar makes the following decisions for the Register and band lists that are maintained at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC): to add a person’s name; to delete a person’s name; to omit (not add) a person’s name.
INAC maintains certain band lists under section 11 of the Indian Act. Bands also have the option of determining their own membership.

How does a band assume control of its own membership?
There are two ways a band can assume control of its own membership:

  • by developing its own membership rules (code) 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:

  1. the band must give notice to its electors of its intention to assume control of its membership
  2. the band must develop membership rules that protect any person’s right to membership acquired when Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) was maintaining the band list
  3. 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 a majority of those who vote must be in favour of the intent
  4. the band must give notice in writing to the Minister of Crown–Indigenous Relations and Northern Affairs 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
  5. 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). INAC 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 Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) by the Indian Registrar.

Section 10 Band – M’Chigeeng First Nation

Being a Section 10 band means that M’Chigeeng assumes control of its own membership under Section 10 of the Indian Act.
The Amendments to the Indian Act in 1985 separated registration in the Indian Register from band membership and gave the choice to bands to assume control of their own band membership. This means that if you are eligible for registration as a Status Indian, you may not necessarily be eligible for Band Membership. The reverse is also true: You may be eligible for Band Membership, but not for registration as a Status Indian.

REGISTRATION
The Indian Registrar retains sole responsibility for the registration of persons in the Indian Register. The term “Status Indian” is used to refer to a person who is registered. Normally, you are eligible for registration if: you were eligible before the Act was changed in 1985; you lost your registration as a result of your marriage to a non-Indian man; you lost your registration because your father was not an Indian; you lost your registration because you or your parents applied to give up registration and First Nation membership through the process known as “enfranchisement”; or Both your parents are eligible for registration for any reason.

THE INDIAN REGISTRAR
First established in 1951, and is the official within the department who is responsible for the maintenance of the Indian Register and its component parts: the Band lists and General Lists. Band Lists – which contained the names of persons who were band members and entitled to be registered; and General Lists – which contained the names of persons who were not band members, but were entitled to be registered.

MEMBERSHIP
Membership in a band is determined either by: 1. the band under section 10 of the Indian Act. All decisions on who can become a member of a section 10 band are made by the band itself in accordance with the membership rules it has established; or 2. a piece of self-government legislation separate from the Indian Act; or 3. the Indian Registrar under Section 11 of the Indian Act. On June 8, 1987, MFN gave notice to the Minister of Indian Affairs and Northern Development that MFN is assuming control of its own membership. On September 25, 1987, Minister gives notice to MFN, that it is a section 10 band under the Indian Act and determines its own Band Membership.