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See You Wanted to Know (PDF 197 Kb)
Other Federal Programs and Services STATUS - MOST OFTEN ASKED QUESTIONS
WHO IS ELIGIBLE TO RECEIVE BENEFITS? The answer is in the federal Indian Act. It defines an Indian as "a person who, pursuant to this Act, is registered as an Indian or is entitled to be registered as an Indian." To be eligible to receive benefits under the Indian Act, individuals must be registered in the Indian Register, which is maintained by the Department of Indian Affairs and Northern Development (DIAND). The recognition by the federal government of persons registered under the Indian Act is referred to as Registered Indian Status. Please note that most of the benefits mentioned in this booklet do not apply to Non-Status Indians Ñ individuals of First Nation ancestry who are not registered under the Indian Act. Knowing which programs and policies apply to you may be difficult. Social legislation varies across the ten provinces and three territories and so do the services available to Canadians in general and to Aboriginal people in particular. What you are eligible for depends largely on where you live. You can, however, find out about specific benefits provided by the federal government by contacting regional and district offices of DIAND, Health Canada (contact information is listed at the end of this document) or First Nation offices and tribal councils. WHO IS ELIGIBLE FOR REGISTRATION? Over the years, there have been many rules for deciding who is eligible for registration as an Indian under the Indian Act. Important changes were made to the Act in June 1985, when Parliament passed Bill C-31, An Act to Amend the Indian Act, to bring it into line with the Canadian Charter of Rights and Freedoms. The amendments:
If you are in one of the following categories, you may be able to restore your status as a Registered Indian:
You may also be eligible to be registered as an Indian if one or both of your parents are eligible for registration. To find out more about eligibility for registration under the Indian Act, contact your First Nation office or the nearest DIAND regional or district office. HOW DO I APPLY FOR REGISTRATION? Registration does not happen automatically. For persons born on or after April 17, 1985: 1) Obtain a certified copy of the child's birth registration that shows the names of the child's parents. This document can be obtained from the Division of Vital Statistics for the province or territory where the child was born. 2) Write a letter that states that you wish to register the child as an Indian. Give the name of the parent with whom the child should be registered (children are registered with only one parent). Both parents must sign this letter. 3) Send the copy of the birth registration and the letter to your First Nation office or to your nearest DIAND office. For persons born before April 17, 1985: 1) Obtain and fill out one of the following forms:
Note: Both forms can be obtained from offices of DIAND, First Nations or Aboriginal associations and Aboriginal friendship centres. 2) Include as much information as you can about the applicant's Aboriginal background and the name or location of the First Nation or First Nations to which the applicant's ancestors belonged. If you know the names of relatives who have been registered, you should include these also. 3) Send the completed form to:
Indian Registration and Band Lists Department of Indian Affairs and Northern Development Ottawa, Ontario KIA 0H4 If DIAND staff require more information, they will contact you by mail or telephone. First Nations signed treaties with British and, later, Canadian governments before and after Confederation in 1867. Although these treaties differed, they usually provided for certain rights and payments. Some of the older treaties, for example, included payments for ammunition, annuities, triennial clothing allowances (for Chiefs and Councillors), hunting, fishing and other benefits. Your rights as an individual treaty Indian depend on the precise terms and conditions of your First Nation's treaty. Your First Nation council or DIAND office is the best place to learn more about the rights and benefits to which you may be entitled. You should know, however, that if you live in Manitoba, Saskatchewan or Alberta, your right to hunt, trap and fish, except for commercial purposes, is guaranteed by the Natural Resources Transfer Agreements, 1930. Other rights are guaranteed by the Constitution Act, 1982, as well as by treaties. Registered Indians who live in the Yukon, Nunavut and the Northwest Territories are free to fish and hunt in all seasons throughout the territories. For further information, contact the Yukon Regional Manager of Lands and Trust Services, DIAND or the Government of the Northwest Territories (GNWT) - Department of Renewable Resources. WHO IS ELIGIBLE FOR TREATY PAYMENTS? Your rights as an individual treaty Indian depend on the precise terms and conditions of your First Nation's treaty. A person is entitled to annual treaty payments if he/ she is:
WHO IS ELIGIBLE FOR FIRST NATION FUNDS? You may have the right to a share of any money distributed to First Nation members from the capital and revenue moneys belonging to the First Nation. This money usually comes from oil and gas royalties or from the proceeds from land claims settlements. Please contact your regional DIAND office or your First Nation council for more specific details. WHO CAN CALL THE RESERVE THEIR HOME? Land has been set aside for the use and benefit of the First Nation as a whole; individual First Nation members do not have a right of individual possession except by application of the Indian Act.* First Nation councils may enact residency by-laws that regulate on-reserve residency, but these by-laws cannot infringe on individual residency rights arising from the Indian Act. While the majority of Registered Indians are members of a First Nation, it is important to note that not all Registered Indians are members of a First Nation. If your First Nation is one of the 250 First Nations that controls its own membership, you will have to apply directly to your First Nation for membership. To learn more about your reserve rights and responsibilities, contact your First Nation council or the Regional Director of Lands and Trust Services (LTS), DIAND. For information on the nearest DIAND regional office, please refer to the end of this document and phone for more details. MUST REGISTERED INDIANS PAY TAXES? It depends. There are some situations in which Registered Indians do not pay taxes. Under sections 87 and 90 of the Indian Act, Registered Indians do not pay federal or provincial taxes on their personal and real property that is on a reserve. Personal property includes goods, services and income consistent with Canada Customs and Revenue Agency (CCRA) policies. * In this document, when the term "First Nation" is used in the context of the Indian Act, it refers to an Indian Act band. Since income is personal property, as a Registered (or entitled-to-be-registered) Indian, you may also be exempt from paying income tax on income earned on a reserve. For example, Registered Indians who work on a reserve do not pay federal or provincial taxes on their employment income. See the CCRA's June 1994 guidelines of "Indian Exemption on Employment Income." Registered Indians do not pay federal or provincial sales taxes on personal and real property on a reserve. The federal Goods and Services Tax (GST) does not apply to on-reserve goods or to those goods acquired by a Registered Indian off-reserve, if the goods are delivered to a reserve by the vendor or the vendor's agent. Most provincial sales taxes are applied in a similar fashion. Special provincial rules may apply to items such as automobiles and alcohol. For example, in some provinces, an automobile must be registered to a reserve address to be tax exempt. For more information, contact the relevant provincial tax authorities. A pamphlet outlining how federal GST affects sales and purchases by Registered Indians is available from all CCRA offices. WHAT ABOUT SOCIAL ASSISTANCE AND WELFARE SERVICES? Like all Canadian citizens, Registered Indians who meet the eligibility requirements may receive social assistance and social services. These programs are provided by federal, provincial, territorial, municipal or First Nation governments, depending on where recipients live. Registered Indians are also eligible for the universal social security benefits provided by the federal government to all Canadians, such as the Canada Pension Plan, Old Age Security, Guaranteed Income Supplement and Child Tax Benefit. Your First Nation council or DIAND office can give you more details. In the Northwest Territories, contact the nearest office of the GNWT Department of Social Services. WHAT SORT OF HOUSING HELP EXISTS? Registered Indians have several options for housing assistance from DIAND and the Canada Mortgage and Housing Corporation (CMHC). DIAND provides funding to support on-reserve housing-related activities, including the construction of new houses and renovation of existing units. The program is administered by First Nation councils or their designated housing authorities who establish comprehensive, community-based housing plans to meet the needs of their members. These plans include the allocation of available funding, the establishment of programs, policies and procedures and the planning and implementation of housing projects. Based on your income and assets, you may get financial help from a financial institution following established lending criteria to obtain, purchase or renovate on-reserve housing. Because on-reserve property cannot be mortgaged by a private lender, security may be provided through Ministerial loan guarantees with the consent of your First Nation council. CMHC provides operating subsidies to First Nation councils for non-profit rental housing through its On-Reserve Rental Housing Program (Section 95). CMHC's Residential Rehabilitation Assistance Program (RRAP) is available to on-and off-reserve residents renovating existing housing. The program is administered on reserves by the First Nation councils or their designated housing authorities. Off reserves, the program is operated by CMHC and/ or the provincial or territorial government in co-operation with CMHC. You can learn more about these programs by contacting your First Nation council, the Regional Director of Funding Services, DIAND, or the nearest CMHC office. Information is also available on our Web site at: http://www.ainc.gc.ca/ps/hsg/cih/index_e.html Please note that, in the Northwest Territories and Nunavut, housing assistance is the responsibility of the territorial governments. For further information, contact the territorial government or the CMHC office in Yellowknife. Elementary and secondary educational services are available to Registered Indian children living on reserves through three education systems:
DIAND provides financial assistance, through administering authorities such as First Nation councils, to eligible Registered Indian students enrolled in, or accepted to, eligible post-secondary education programs. DIAND also funds some programs designed for First Nation students at First Nation and post-secondary institutions. Educational services for Registered Indians in the Yukon and Registered Indians and Inuit in the Northwest Territories are provided by the respective territorial governments. Registered Indians and Inuit in northern Quebec receive educational services from the province of Quebec under the James Bay and Northern Quebec Agreement. Details are available at your First Nation council office or from the Regional Director of Education, DIAND. IS HELP AVAILABLE FOR ECONOMIC DEVELOPMENT? DIAND has developed a number of initiatives to encourage and promote economic development in First Nation communities. This programming pertains to the following three areas: community economic development, general business assistance and resource-based opportunities. Community Economic Development:
CEDOs are the predominant economic development agents. They operate in 437 communities and provide support in a number of ways, including:
General Business Assistance:
Resource-based Opportunities:
WHAT HEALTH CARE COVERAGE IS AVAILABLE? Health services for First Nations and Inuit are the responsibility of provincial, territorial and federal governments. The provinces/ territories provide and/ or pay for insured physician and hospital services. The federal government provides treatment and public health services in remote areas and public health services in non-isolated First Nation communities through the First Nations and Inuit Health Branch of Health Canada. Services include community preventive health and health promotion programs and services and environmental health surveillance. Emergency diagnostic and treatment services are provided by the MSB when not available otherwise. Health care premiums in Alberta and British Columbia are also covered. For information about the MSB's Non-Insured Health Benefits Program, please refer to the "Health Canada" section of the "Other Federal Programs and Services" chapter. The federal government encourages and supports the transfer of control of health programs to First Nation and Inuit organizations. Financing for these services is provided by contribution and contract arrangements. For further information, or if you need any of these services, contact your First Nation council or your regional MSB, Health Canada office. In Yukon, Nunavut and Northwest Territories, the territorial governments are responsible for medical and health services. Contact your First Nation council, the territorial Department of Health or your regional health board for more information or assistance. WHAT PROGRAMS ARE AVAILABLE FOR ABORIGINAL YOUTH? Since 1996, the First Nations and Inuit Youth Employment Strategy (YES) has helped to expand existing community initiatives for Aboriginal youth or to develop new initiatives where none existed before. With the exception of the Youth Business Program, the First Nations and Inuit YES programs are highly decentralized and are administered by First Nation and Inuit communities. The flexibility of the programs allows for the development of activities based on specific needs and enables youth to have a sense of ownership and belonging to their communities. DIAND's YES initiative consists of five programs. To be eligible for these programs, you must be a First Nation youth living on reserve or an Inuit youth living in a recognized Inuit community. Other specific eligibility requirements are listed below. First Nations and Inuit Summer Student Career Placement Program supports opportunities for career-related work experience and training to in-school First Nation and Inuit youth during the summer months. The overall purpose is to assist students in preparing for their future entry into the labour market. The program provides for wage contributions to create jobs for Inuit and First Nation students at the secondary and post-secondary levels. First Nations and Inuit Youth Work Experience Program funds proposals from First Nation and Inuit governments and organizations to provide supervised work experience for out-of-school unemployed youth. Participants improve their job skills and future employment prospects while contributing to their communities. For a period of six to nine months, the program pays minimum wage plus benefits to eligible youth between the ages of 16 and 24 years. First Nations and Inuit Youth Business Program focuses on out-of-school, unemployed First Nation and Inuit youth living on reserve or in recognized Inuit communities. This program enables Aboriginal lending institutions to offer eligible youth aged 15 to 30 proactive business opportunity advice and counselling, mentoring and advisory support, and seed capital to explore or develop a business opportunity. First Nations and Inuit Science and Technology Camp Program promotes science and technology as career choices. Participants gain first-hand experience in various science and technology disciplines. The program provides funds to First Nation and Inuit governments or organizations either to design and run a science camp or to provide sponsorship. First Nations Schools Co-operative Education Program funds proposals to establish or expand co-operative education programs in First Nation schools on reserves. The program creates school-based work/ study opportunities that provide meaningful work experience in a supportive environment. To learn more about these programs, contact your First Nation council, hamlet office or regional DIAND office. Information is also available on our Web site at: http://www.inac.gc.ca/ps/ys/index_e.html The Government of Canada has been committed to settling Aboriginal land claims since 1973. The federal government negotiates two types of land claims:
In most of the country, DIAND provides contributions and loans to Aboriginal claimant groups so they can research and negotiate their claims. In British Columbia, however, the Government of Canada, together with the provincial government and the First Nations Summit, have established the British Columbia Treaty Commission (BCTC). The BCTC is a neutral facilitating body which allocates federal and provincial funding to Aboriginal groups involved in negotiations in the province. Details are available in Federal Policy for the Settlement of Native Claims, a policy paper produced by DIAND for the Royal Commission on Aboriginal Peoples. Contact Publications and Public Enquiries (Kiosk), DIAND, at (819) 997-0380. WHAT ABOUT ABORIGINAL SELF-GOVERNMENT? In August 1995, the Government of Canada adopted an approach to negotiating practical and workable arrangements with Aboriginal people to implement their inherent right to self-government. The federal approach to Aboriginal self-government, based on negotiation, will result in new arrangements to give Aboriginal communities the legitimate tools they need to exercise greater control over their lives. Self-government arrangements will recognize Aboriginal people's right to make decisions about matters internal to their communities, integral to their unique cultures, traditions and languages, and connected with their relationship to the land and resources. Under the federal policy, Aboriginal groups may negotiate self-government arrangements over a variety of subject matter, including government structure, land management, health care, child welfare, education, housing and economic development. Negotiations will be between Aboriginal groups, the federal government and, in areas affecting its jurisdiction and interests, the relevant provincial or territorial government. Because Aboriginal groups have different needs, negotiations will not result in a single model of self-government. All self-government agreements will be based on the following key principles:
Self-government arrangements may take many forms based on the diverse historical, cultural, political and economic circumstances of the Aboriginal groups, regions and communities involved. For additional information, please contact: Publications and Public Enquiries (Kiosk), DIAND |
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| Last Updated: 2004-04-23 | 
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