The Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds

Find out about the collaborative process to address remaining inequities in registration and membership.

Current status: Open

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Summer 2026 engagement

While Indian Act amendments are seen as a necessary next step to address inequities in registration and membership, Indigenous Services Canada  has heard that, in addition to addressing the second-generation cut-off, enhancing First Nation jurisdiction of membership outside of the Indian Act is also a priority. Through engagement sessions in June and July 2026, ISC is seeking input on:

For further information, please contact: citoyennetepn-fncitizenship@sac-isc.gc.ca

About First Nation jurisdiction

Currently, the Indian Act is the primary legal framework to determine who is a First Nation person, or registered status Indian, in Canadian law and this definition is used for many purposes by the Government of Canada, other governments and organizations as the basis for access to programs and services and eligibility. Although some First Nations determine their own membership, through section 10 of the Indian Act or through Modern Treaty or Self-Government agreements, no First Nation currently determines who is eligible for status under the Indian Act. Legislative changes would be needed to recognize First Nation authority to self-determine who their members are, including registration, separate from the Indian Act.

Measure 2.9 of Canada's United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan is to consult First Nations and other impacted Indigenous groups to support the co-development of opt-in alternatives to Indian Act registration and membership (First Nation citizenship). This consultation will include a broad spectrum of Indigenous demographic groups, such as:

  • women and girls
  • 2SLGBTQI+ people
  • Elders
  • Treaty groups

Measure 2.9, is a key driver for this work in support of United Nations Declaration of the Rights of Indigenous Peoples articles 3, 18, 19 and 33.

To learn more about how registration under the Indian Act and First Nation membership currently works, visit: Applying for registration under the Indian Act, First Nation membership and status cards, what's the difference?

The second-generation cut-off and section 10 voting thresholds

Since 1985, the second-generation cut-off has continued to have deep impacts on First Nation individuals, communities and families.

The second-generation cut-off prevents many First Nations people with status under the Indian Act from passing entitlement on to their children and grandchildren simply because of the person with whom they chose to parent.

The issue of double majority voting thresholds is also being examined. This is to ensure that any proposed solution to the second-generation cut-off does not become an obstacle to First Nations seeking control over their membership lists due to an increased registered population that a legislative remedy would impose.

To learn more about the issues for consultation, visit the Rights-Holders Information Kit.

Timeline

The Collaborative Process

The collaborative process consists of 2 phases:

Phase 1: co-development and information sharing

Indigenous advisory process

The Indigenous Advisory Process was established to provide advice and recommendations to Indigenous Services Canada to help ensure that Indigenous perspectives are considered in the design and delivery of the collaborative process.

The Indigenous Advisory Process membership consists of 1-2 appointed representatives from 17 national, regional, youth and women's Indigenous organizations that represent individuals or communities across Canada affected by the second-generation cut-off.

Indigenous Organizations Table:
  • Assembly of First Nations, British Columbia
  • Assembly of First Nations, Manitoba
  • Assembly of First Nations, National
  • Anishinabek Nation
  • Assembly of Nova Scotia Mi'kmaq Chiefs
  • Congress of Aboriginal Peoples
  • First Nations Summit of British Columbia
  • Indigenous Bar Association
  • National Association of Friendship Centers
  • Native Women's Association of Canada
  • Union of British Columbia's Indian Chiefs
Women's and Youth Caucus:
  • Warriors Rising Youth Society
  • Feminist Alliance for International Action (The Indian Act Sex Discrimination Working Group)
  • Indigenous Youth Council for the National Association of Friendship Centers
  • Ontario First Nations Young Peoples Council
  • Ontario Native Women's Association
  • Quebec Native Women's Association

The work of the Indigenous Advisory Process was ongoing throughout the collaborative process, with members actively engaged in co-developing consultation materials and offering guidance on the design of consultation events and activities for rights-holders.

Rights-holders information sharing kit

A Rights-Holders Information Sharing Kit was developed to support First Nations and impacted Indigenous rights-holders in preparation for consultation events on the second-generation cut-off and section 10 voting thresholds.

The Kit aimed to support rights-holders' readiness for consultation by providing a robust description of the issues, namely, the second-generation cut-off and section 10 voting thresholds. The Rights-Holders Information Sharing Kit underwent a broad distribution strategy by mail, email and is accessible online.

Community-specific data has been shared in a variety of formats as part of this initiative to highlight the impact of the second-generation cut-off on each First Nation's registered population across Canada. This data is available on:

Information sessions

Information sessions on the Rights-Holders Kit are offered throughout the Collaborative Process. Sessions were held virtually through Zoom and were approximately 60 minutes. The session covers the key issues for consultation and is followed by a question and answer period.

Information sessions are still available by request. For more information or to schedule a session, visit the Information Sessions Page.

Consultation readiness form

A consultation readiness form was also available during this phase of information-sharing. To achieve the thresholds of free, prior, and informed consent and the need for deep and meaningful consultation and cooperation as set out in the United Nations Declaration Act, First Nations were encouraged to self-assess their readiness prior to participating in consultation events.

Consultation plan

A consultation plan was co-developed with the Indigenous Advisory Process to further develop the consultation events and activities phase of the Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds. It outlines:

  • the shared objectives
  • legal rationales for consultation
  • lessons learned from previous consultation processes
  • the consultation methods
  • opportunities for funding
  • anticipated timelines

What we heard

Using an overview of the key themes, findings and recommendations heard from the Indigenous Advisory Process, ISC developed a report on what we heard during the process. The report is organized 6 six key themes, including:

  • honouring Indigenous experiences and moving forward
  • acknowledgement of sex-based discrimination
  • legal and human rights obligations
  • equitable resourcing and financial support
  • inclusivity and accessibility
  • timing and duration

To read the full report, visit What We Heard: Indigenous Advisory Process Final Recommendations and Feedback.

The feedback received from the Indigenous Advisory Process in their final reports has also been visually depicted in artwork created by Indigenous artist Tiaré Lani.

To view the artwork, and read the artist's statement, visit What we heard: Artwork and artist statement from Tiaré Lani.

Phase 2: consultation activities and events

Call for proposals: Indigenous-led options for solutions

Proposal-based funding was made available to support First Nations and Indigenous organizations in developing and submitting options for solutions to the Second Generation Cut-Off and Section 10 voting thresholds. Funding up to $10,000 was made available for single-issue proposals that focus on one of the issues for consultation, and up to $20,000 was made available for proposals that address both issues. For more information or details visit the Call for Proposals webpage.

Individual feedback form

An individual feedback form was available for impacted individuals to provide feedback on the impacts of the second-generation cut-off and section 10 voting thresholds and to propose options for solutions to these two issues. Feedback helped to shape future discussions and consultation materials for the next stages of the Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds.

Stay informed

To find out more about the Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds, or to be added to our distribution list for email updates, please contact Registration Reform: Reforme-de-linscription-Registration-Reform@sac-isc.gc.ca.

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