Bill C-3 explained in plain English

Bill C-3 creates a new category of Indian registration eligibility for descendants of Indigenous women whose names were removed from the Indian Register or band lists due to marriage, and amends related registration and band membership rules.

This bill responds to a 2009 British Columbia court decision that found gender discrimination in Canada's Indian registration system. Historically, Indigenous women who married non-Indigenous men lost their Indian status and their names were removed from the Indian Register and band membership lists. Their children and descendants were not entitled to register as Indians as a result. Bill C-3 creates a new eligibility category (paragraph 6(1)(c.1) of the Indian Act) that allows certain descendants of these women to become registered Indians. To qualify under this new rule, a person must: 1. Have a mother whose name was removed from the Indian Register or a band list before September 4, 1951, because of her marriage (under old Indian Act provisions that treated men and women differently); 2. Have a non-Indigenous parent (the person's other parent); 3. Have been born on or after the date of their mother's marriage, and (unless the parents married before April 17, 1985) have been born before April 17, 1985; 4. Have had or adopted a child with someone who was not registered as an Indian at the time of the child's birth or adoption. The bill also amends the Indian Act to allow people who qualify under this new rule to have their names entered in band lists if their mother was a member of that band before her removal. The bill includes protection from liability for anyone who acted in good faith under the old rules before this law came into force. It also requires Parliament to receive a report within two years on how the law is working, and Parliament's committees will review that report and the law itself. The law came into force on a date set by Governor in Council order, on or after April 5, 2010. People who were already registered under the old rules continue to be registered.

On 11 March 2010, the Minister of Indian Affairs and Northern Development introduced Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs) (Gender Equity in Indian Registration Act) in the House of Commons and it was given first reading. In April 2009, the Court of Appeal for British Columbia ruled in the case of McIvor v. Canada that certain registration provisions of the Indian Act are unconstitutional as they violate the equality provision of the Charter of Rights and Freedoms. The Court suspended its declaration of invalidity for 12 months - to April 6, 2010 - to give Parliament time to amend the Indian Act. Bill C-3 proposes to render eligible the grandchildren of women who lost status as a result of marrying non-Indian men for registration (Indian status) in accordance with the Indian Act. The proposed amendments do not extend to other situations.