October 3, 2026.
OTTAWA — A provision of Canada's Indian Act that can prevent some First Nations people from passing federal registration to future generations remains at the center of a debate over equality, registration and First Nations authority.
The issue is known as the second-generation cut-off. Under the current Indian Act, it can affect people whose family has had two consecutive generations of children with parents who are not entitled to registration.
Indigenous Services Canada says the provision means that, in certain circumstances, a person in the third generation is not entitled to registration under the Indian Act.
The rule was created through amendments to the Indian Act in 1985, when Bill C-31 established two registration categories, sections 6(1) and 6(2).
People registered under section 6(2) generally cannot pass registration entitlement to their children unless the other parent is also entitled to registration. People registered under section 6(1) have broader ability to pass on entitlement.
The result can be that members of the same family have different registration rights.
According to Indigenous Services Canada, as of December 31, 2025, approximately 29.85 percent of people registered under the Indian Act could not independently pass registration entitlement to the next generation.
Bill S-2 could change the rule.
The issue is now before Parliament through Bill S-2, An Act to amend the Indian Act (new registration entitlements).
The original bill did not eliminate the second-generation cut-off. During its study, however, the Senate amended the legislation to introduce a one-parent rule.
Under the proposed amendment, a child could remain entitled to registration if at least one parent is entitled to registration. The Senate amendment would remove the second-generation cut-off and allow entitlement to continue into future generations.
The proposed amendment includes a 12-month delayed coming-into-force period to allow additional engagement with First Nations.
The amended bill passed Senate consideration and was sent to the House of Commons. It passed second reading in the House on February 27, 2026, and is before the House Standing Committee on Indigenous and Northern Affairs.
Bill S-2 has not become law.
First Nations leaders are calling for action.
The Anishinabek Nation has supported eliminating the second-generation cut-off and has called for the one-parent rule contained in the Senate amendments to be retained.
Anishinabek Nation Grand Council Chief Linda Debassige has argued that the existing rules threaten the ability of First Nations people to pass federal recognition to future generations.
The Assembly of First Nations has also supported ending the second-generation cut-off.
Other First Nations leaders have raised concerns about the potential costs and practical effects of adding people to the federal registry, including the impact on First Nations communities and their own membership systems.
Government says consultation is continuing.
Indigenous Services Minister Mandy Gull-Masty has said the government recognizes the importance of addressing the second-generation cut-off but wants additional consultation with First Nations before determining how it should be resolved.
The federal government has established a Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds. The process is examining potential solutions and broader questions concerning First Nations jurisdiction.
The federal government says the consultation process remains active even though the Senate amendment to Bill S-2 already contains a proposed legislative solution.
Registration is not the same as First Nation membership.
An important distinction in the debate is that federal registration and First Nation membership or citizenship are not the same thing.
Registration is determined under the federal Indian Act.
Some First Nations, however, have their own membership codes under section 10 of the Indian Act, while others operate under different membership provisions. First Nations that control their own membership can establish rules determining who belongs to their Nation.
As a result, eliminating the federal second-generation cut-off would not automatically make every newly registered person a member or citizen of a particular First Nation.
The federal consultation process is also examining broader questions concerning First Nations jurisdiction over membership and citizenship.
What happens next?
For now, the existing registration rules remain in effect.
Indigenous Services Canada states that applications affected by the second-generation cut-off may still be denied under the current law. If Parliament subsequently changes the law, individuals who were denied because of the cut-off may be able to reapply.
The federal government estimates that the proposed one-parent rule could have a significant demographic impact. Its analysis estimates that approximately 174,000 people could become newly eligible for registration at implementation, assuming the proposed change were applied retroactively from January 1, 2027.
The government estimates that the proposed change could result in approximately 320,100 additional registered people by 2066 compared with the current system.
Those numbers are projections, not guarantees, and depend on Parliament adopting the proposed changes.
For First Nations families affected by the second-generation cut-off, however, the issue is more immediate: whether federal registration can continue from one generation to the next.
The debate now involves both when Canada will change the registration rules and how First Nations authority over their own membership and citizenship should be protected.
For the moment, the second-generation cut-off remains part of Canadian law, while Parliament and First Nations continue to debate what should replace it.
