Toolkit / The Indian Department

Band Membership Rules: Section 10 Steps

Introduced as part of the 1985 amendments to the Indian Act, Section 10 is a provision that allows First Nations to opt into developing memberships codes rather than relying on existing federal processes. Under the current system, when a First Nation opts into Section 10, it must write a membership code, hold a vote, and then submit the code to the federal government for review and approval. The process is not ideal, but as First Nations confront yet more amendments and potentially have new members added to their band lists, many are now contemplating membership or citizenship laws to assert some degree of control over who belongs.

This resource is part of the Yellowhead Special Report, Acting Indian: Reflections on Status, Citizenship and Belonging

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