Program:

• To enable First Nations to assume control of their membership.
• To ensure that the acquired rights of First Nations members are protected as required by the Indian Act.
• To advise the Claims and Indian Government sector on membership components of self-government proposals.

Program History / Background:

INAC determines the membership of First Nations until a First Nation assumes control of its membership under section 10 of the Indian Act. The First Nation assumes control by developing membership rules that protect all rights to membership that had been acquired when INAC was maintaining the membership list. The rules must be approved by a majority of the electorate of the First Nation.

An alternative method by which First Nations can assume control of their membership is through self-government negotiations. The conditions remain essentially the same. The key difference is that the membership issue is part of a larger set of negotiations as opposed to a stand alone action.

Description of Operations:

A First Nation wishing to assume control of its membership under section 10 of the Indian Act develops the membership rules within the community and sends a copy to INAC. If the Minister is satisfied that the conditions of section 10 have been met, the First Nation receives notice that it has control of its membership. Thereafter, all decisions on membership are made by the First Nation.

The process is similar when a First Nation assumes control of its membership through the self-government negotiation process. The main difference is that Parliament normally will approve the membership rules as they form part of the self-government legislation.

232 First Nations now determine their own membership under section 10. An additional 22 control membership through self-government legislation.

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