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

On this page

• Update on the Nicholas decision for applicants impacted by a family history of enfranchisement
• Legislative status of Bill S-2: In progress
• Proposed legislative changes under Bill S-2
• Potential changes in entitlement to registration
• Contact us

Update on the Nicholas decision for applicants impacted by a family history of enfranchisement

On August 19, 2025, the Supreme Court of British Columbia issued a decision in the case of Nicholas v. Attorney General (Canada) (Nicholas decision) to remedy inequities in the registration provisions of the Indian Act due to a family history of enfranchisement. The court's declaration comes into effect on June 13, 2026 and applies only to persons with sufficient connection in British Columbia.

As a result, if you have a sufficient connection in British Columbia, this remedy will be applied to your registration application starting on June 13, 2026. 

If you do not have a sufficient connection to British Columbia and you have a family history of enfranchisement, your application will remain on hold until Bill S-2, An Act to amend the Indian Act (new registration entitlements), becomes law or Indigenous Services Canada (ISC) can provide more information.

ISC will continue assessing applications impacted by a family history of enfranchisement, including existing applications previously placed on hold and new applications, to ensure timely implementation of the Nicholas decision, in the order ISC received the application. These applicants will receive a letter from ISC and may be asked for more information to determine if they have sufficient connection to British Columbia.

Make sure your contact information is up-to-date to receive this letter. To update your contact information, contact Public enquiries.

Legislative status of Bill S-2: In progress

On May 29, 2025, Bill S-2 (formerly Bill C-38) was introduced in the Senate to continue efforts to address remaining inequities in the Indian Act.

Bill S-2 continues to move through the House of Commons. Parliament may choose to amend the Bill throughout the process. Both the House of Commons and the Senate need to agree on the final version of the Bill before it can receive Royal Assent and become law.

Visit S-2 (45-1) - LEGISinfo to stay updated on the progress of the Bill.

Proposed legislative changes under Bill S-2

Bill S-2 initially proposed the following amendments:

• ensure entitlement to registration is transmitted the same for persons with a family history of enfranchisement, as it is for those without
• enable persons who wish to have their names removed from the Indian Register to apply for deregistration
• support women who were automatically transferred to their husbands' First Nation, and their descendants, to seek reaffiliation with their natal First Nation
• replace certain offensive and outdated references about First Nations persons with a disability

Bill S-2 has now been amended by the Senate to:

• address the second-generation cut-off by introducing a single-parent rule, allowing entitlement to registration to pass on indefinitely to future generations
• remove the no- liability clauses initially included in Bill S-2

The initially proposed amendments to address enfranchisement, deregistration, natal band and offensive language would come into effect as soon as the law is passed. The no-liability clauses would also be removed immediately.

The proposed amendments to address the second-generation cut-off would come into force 12 months after the law is passed, to enable consultation with First Nations to continue through the Collaborative Process on the Second-Generation Cut-Off and Section 10 Voting Thresholds.

Potential changes in entitlement to registration

You can apply for registration at any time. However, until Bill S-2 becomes law, the proposed amendments cannot be applied to registration applications or protests received by ISC.

For applicants impacted by enfranchisement

• If you have sufficient connection to British Columbia, your application will be processed under the Nicholas decision
• If you do not have sufficient connection to British Columbia, your application will be placed on hold until Bill S-2 becomes law or ISC can provide more information

For applicants affected the second generation cut-off

• Your application may be denied
• Applications impacted by the second-generation cut-off are not being held at this time due to the 12-month delayed coming into force of the proposed amendments to address this issue
• If you're denied before legislative amendments have been made to address the second-generation cut-off, you can reapply if or when the law is changed

To find out about protests, visit If you disagree with the Registrar's decision.

To find out how to apply for registration, visit Register under the Indian Act.

Contact us

To find out more about Bill S-2, email engagementinscriptionpn-fnregistrationengagement@sac-isc.gc.ca.

Related links

• The Honourable Mandy Gull-Masty applauds the introduction of a new bill to address remaining inequities and band membership provisions of the Indian Act
• Bill S-2 : An Act to amend the Indian Act (new registration entitlements) : information kit (PDF Version (1.80 MB, 9 pages)
• Indian Act
• Indian status