The Indian Act is federal legislation that grants First Nations communities certain rights and privileges with regard to their:

• property
• taxes, and
• income.

Sections 88 and 89 of the Indian Act limit a provincial government's ability to pass laws that affect property or income held by Status Indians living on reserves.

This means that our ability to enforce support orders is affected by whether the support payor and the support recipient are Status or Non-Status Indians.

What is a Status Indian?

Status Indians are people who are registered with the federal government as Indians, according to the terms of the Indian Act. Status Indians are also known as Registered Indians.

Status Indians have certain rights and benefits that are not available to Non-Status Indians. The Indian Register is the official record identifying all Status Indians in Canada.

The Indian Act:

• protects the property and income held on reserve by a Status Indian
• does not protect the property and income of a Non Status Indian.

 

Learn More Enforcing support orders under the Indian Act Read our Fact Sheet: Information for First Nations