Resource: First Nations’ Authority to Determine Band Membership

Assembly of First Nations

This resource explains the three ways band membership is controlled under the Indian Act following Bill C-31’s 1985 amendments. These include:

  • Section 10 Bands: Have taken control of membership by creating their own rules, following a double majority vote and formal notice. Existing members cannot be removed.
  • Section 11 Bands: Membership lists are maintained by the Indian Registrar, tied automatically to status eligibility. No consent is required on behalf of the Band.
  • Self-governing First Nations: Control membership through a modern treaty or self-government agreement (available since 1995).