Membership

Contact Information

Donita Alec

Receptionist & Membership Clerk

Office: (250) 256-4204

Fax: (250) 256-4058

Ext. 351

Email: reception@tskwaylaxw.com

Bill C-31 was passed on June 28, 1985, since then Ts'kw'aylaxw First Nation has taken over their membership responsibilities. The individuals who first dealt with membership affairs were Sharon Edwards then Verna Diablo the first official membership clerks until 1995. Stacey Leech was the second membership clerk for Ts'kw'aylaxw until 2001, then Cheryl Edwards, and Donita Alec as the current standing membership clerk.

Please Follow this Link to Acquire any Required forms for Indian Status or Status Cards.

On this Page you will find:

1. What is the Indian Act?

2. What is Bill-C 31?

3. Documents required for Birth Event

4. Documents required for Reporting Marriage of Two Indians

5. Documents required for Reporting Marriage of Indian Male to Non-Indian-Acquired Status

6. Documents required for Reporting Marriage of Indian Male to Non-Indian-No Status Gained

7. Documents required for Reporting Marriage of Indian Women to Non-Indian Male

8. Documents required divorce of two Indians

9. Documents required divorce of Indian and Non-Indian

10. Documents required for transfer of children on divorce

11. Documents required for Reporting of confirmed death-Indian

12. Documents required for Reporting of confirmed death-non-Indian

13. Documents required for reporting of confirmed death-members only

14. Documents required for Miscellaneous Additions

15. Transfer from a Departmental Band (Section 11) to another Departmental Band (Sec 11)

16. Transfer from a Departmental Band (section) to a Band Controlled Band List (sec 10)

17. Transfer from a Band Controlled Band List (sec 10) to a Departmental Band (sec 11)

What is the Indian Act?

The Indian Act is federal legislation which dates from 1876. The Minister of Indian Affairs (Robert Nault) and Northern Development is responsible for administering the Indian Act and the implementations of Bill C-31.

The Indian Act does two things affecting all Indian peoples in Canada:

1. It describes how Reserves and Bands can operate:

The Indian Act sets out rules for governing Indian reserves, defines how Bands can be created and spells out the powers of the "Band Councils". Bands do not have to have reserve lands to operated under the Act.

2. It defines who is and isn't recognized as an "Indian":

Before Bill C-31 was passed in 1985, the Act generally defined status Indians in two ways: First, an Indian was any person who was a member of a "Band" recognized for the purposes of the Act (whether or not the Band had reserve lands). Second, the Act defined a number of types of Indian people who were denied recognition as "registered" or "status" Indians, and who were therefore denied membership in Bands.

At various times over the years Indian people who have been denied recognition have included:

• Indian women who married men who were not recognized as Indians;
• Indians who took "Half-breed Scrip" or were descended from someone who took scrip;
• Indians who were "enfranchised" (stripped of status under the Indian Act) for any reason, including wanting to vote, to drink, to own property, to live in another country, to become a lawyer or clergyman, etc., along with their wives and children;
• Indian children who lost status because of illegitimacy or whose mother's and father's mother were not entitled to be registered other than through their marriages, and;
• Indians who were omitted from Band Lists or the Indian Register who otherwise should have been registered or Indians whose community was never recognized as Bands.

What is Bill C-31?

On June 28, 1985 Parliament passed Bill C-31, "An Act to Amend the Indian Act". Because of a presumed Constitutional requirement, the Bill took affect as of April 17, 1985. The Bill has amended the Indian Act in a number of important ways.

1. It ends many of the discriminatory provisions of the Indian Act, especially those which discriminated against women;

2. It changes the meaning of "status" and for the first time allows for limited reinstatement of Indians who were denied or lost status and/or Band membership in the past, and;

3. It allows band to define their own membership rules.

It is important to remember that whether or not you are defined as a "status" or "registered" Indian for the purposes of the Indian Act, if you are of Aboriginal descent and identify as an Indian person you are an Indian for the purposes of the Constitution Act 1982 - the basic law that determines what the federal and provincial governments can legally do. Whatever the Indian Act says now or in the future, if you were born of Indian descent and identify as an Indian, you are Indian. No federal or provincial law can legitimately deny your identity as an Aboriginal person, whether you are an Indian, a Metis, or an Inuit.

DOCUMENTS REQUIRED FOR BIRTH EVENT:

1. Vital Statistics Birth registration or extended birth certificate identifying parents.
2. Birth of Baptismal certificate for those born in Quebec prior to January 1, 1994. Baptism Certificate for Quebec can be accepted only if it was issued by Church authorities before January 1, 1994. Births occurring in Quebec after January 1, 1994 must be accompanied by a birth document identifying the parents and which was issued by the Provincial Vital Statistics officials.
3. Statement of affiliation if two Indian parents are identified and are in different bands/registry groups.
4. Custody orders if applicable.

URGENT: All parents of newly born babies must register their children immediately after birth in order to receive medical service benefits. This is a voluntary process and no longer takes place automatically as before. Remember the band operated by federal government and the registration and obtaining birth certificate is through the provincial government.

DOCUMENTS REQUIRED FOR REPORTING MARRIAGE OF TWO INDIANS

1. Marriage Registration/Certificate;
2. Church Registration/Certificate of Marriage

DOCUMENTS REQUIRED FOR REPORTING OF MARRIAGE INDIAN MALE TO NON-INDIAN -ACQUIRED STATUS:

1. Marriage Registration/Certificate; or
2. Church Registration/Certificate of Marriage; and
3. The wife's Vital statistics Birth Certificate.
4. Statement from wife confirming she wishes to be registered.

DOCUMENTS REQUIRED FOR REPORTING MARRIAGE INDIAN MALE TO NON-INDIAN-NO STATUS GAINED:

1. Marriage Registration/Certificate; or
2. Church Registration/Certificate of Marriage

DOCUMENTS REQUIRED FOR REPORTING MARRIAGE INDIAN WOMAN TO NON - INDIAN MALE:

1. Marriage Registration/Certificate; or
2. Church Registration/Certificate of Marriage.

DOCUMENTS REQUIRED FOR DIVORCE TWO INDIANS:

PRE -Feb 13/86      Divorce Decree Absolute for divorces.

                                   Divorce Decree Nisi, where children are involved.

POST - Feb 13/86    Certificate of Divorce for divorces.

                                     Divorce Judgement, where children are involved

DOCUMENTS REQUIRED FOR DIVORCE INDIAN AND NON-INDIAN:

1. Certificate of Divorce for divorces after 1986.
2. Divorce Decree Absolute for divorces before 1986.

DOCUMENTS REQUIRED FOR TRANSFER OF CHILDREN ON DIVORCE:

1. Divorce Decree Nisi for divorces before 1986.
   
2. Divorce Judgement for divorcees after 1986.
   
3. If the above documents do not deal with the custody of any children registered with the divorced parents, a letter is required, stating with whom the child(ren) resident(s).

DOCUMENTS REQUIRED FOR REPORTING OF CONFIRMED DEATH-INDIAN:

1. Vital Statistics Death Registration;
2. Church Death Registration/Certificate; or
3. Funeral Director's Statement.
4. Burial Permit/Internment Certificate

DOCUMENTS REQUIRED FOR CONFIRMED DEATH - NON-INDIAN:

1. Vital Statistics Death Registration;
   
2. Church Death Registration/Certificate; or
   
3. Funeral Director's Statement.

DOCUMENTS REQUIRED FOR CONFIRMED DEATH - MEMBERS ONLY:

1. Vital Statistics Death Registration;
   
2. Church Death Registration/Certificate; or
   
3. Funeral Director's Statement.
   

DOCUMENTS REQUIRED FOR MISCELLANEOUS ADDITIONS:

1. Birth registration or extended birth certificate identifying parents.
   
2. Vital Statistics Birth Certificate or Baptismal certificate for those born in Quebec prior to January 1, 1994. The baptismal certificate can be used if it was issued by church authorities before that date. Births in Quebec after January 1, 1994 must be accompanied by a document from the Vital Statistics Authorities.

TRANSFER FROM A DEPARTMENTAL BAND (SECTION 11) TO ANOTHER DEPARTMENTAL BAND (SECTION 11):

- Provided for under section 12(b) of the Indian Act

1. - Requires individual's written request for transfer
2. - Requires admitting band council resolution from the new band
3. - Both documents submitted to the Region for processing

TRANSFER FROM A DEPARTMENTAL BAND (SECTION 11) TO ANOTHER DEPARTMENTAL BAND (SECTION 11):

- The Indian Register will show that the individual is no longer a member of former band, but has become a member of the new band.

- The individual will be removed from the band list of the former band and added to the band list of the new band.

TRANSFER FROM A DEPARTMENTAL BAND (SECTION 11) TO A BAND CONTROLLED BAND LIST (SECTION 10):

- Provided for under departmental policy

1. - Requires individual's written request for transfer
2. - Requires releasing band council resolution from the departmental band
3. - Requires admitting band council resolution from the new band
4. - All 3 documents submitted to the Region for processing

TRANSFER FROM A DEPARTMENTAL BAND (SECTION 11) TO A BAND CONTROLLED BAND LIST (SECTION 10):

-The Indian Register will show that the individual is no longer a member of the former band, but has become affiliated with the new band.

- The individual will be removed from the band list of the former band.

TRANSFER FROM A BAND CONTROLLED BAND LIST (SECTION 10) TO A DEPARTMENTAL BAND (SECTION 11):

If the individual is a registered Indian:

- Provided for under section 12(b) of the Indian Act

1. - Requires individual's written request to transfer
2. - Requires admitting band council resolution from the departmental band
3. - Both documents submitted to the Region for processing
4. - The Indian Register will show that the individual is no longer affiliated with the former band, but has become a member of the departmental band
5. - The individual will be added to the band list of the departmental band

TRANSFER FROM A BAND CONTROLLED BAND LIST (SECTION 10) TO A DEPARTMENTAL BAND (SECTION 11):

If the individual is a Non-Indian who has gained membership in the section 10 band as a result of the band's membership rules:

- Provided for under section 12(b) of the Indian Act

1. - Requires individual's written request to transfer
2. - Requires admitting band council resolution from the new band
3. - Both documents submitted to the Region for processing
4. - The individual will be added to the member only list for the departmental band.

Other Duties of the Membership Clerk:

 

Liaising with Medical Services, Health Canada, Vital Statistics, and other federal and provincial departments and agencies to facilitate the provision of services to First Nations clients.