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Nishnawbe-Aski Legal Services

"We must be the change we wish to see in the world."

- Mahatma Gandhi

Nishnawbe-Aski Legal Services
 
Nishnawbe-Aski Legal Services

LAW UPDATE


In this section, we will provide updates and/or changes to law and policy to ensure that NAN communities and members are aware of the changes in legislation and policy and the impact those changes have on NAN members' rights.



MESHAKE HUNTING CABIN CASE (R v. O'SULLIVAN LAKE OUTFITTERS)

On March 1, 2011 the Province of Ontario abandoned its second appeal of the Meshake hunting cabin case. The appeal was to have been heard in the Ontario Court of Appeal.

More to follow.




GENDER EQUITY IN INDIAN REGISTRATION

On December 15, 2010 Bill C-3 Gender Equity in Indian Registration Act  received Royal Assent.

Bill C-3 came into force on January 31, 2011.

Bill C-3 ensures that the grandchildren of women who lost their Indian status as a result of marrying non-Indian men become entitled to registration for Indian status.

The key criteria for entitlement to registration are:

  • Your grandmother lost her Indian status as a result of marrying a non-Indian
  • One of your parents is registered, or entitled to be registered, under subsection 6(2) of the Indian Act
  • You, or one of your siblings, was born on or after September 4, 1951

Registration Process for Bill C-3 Applicants

For inquiries on Bill C-3 Gender Equity in Indian Registration Act , please contact:

INAC Public Enquiries Contact Centre
Email:  ainc-inac%23gc%23ca|InfoPubs
Phone:  1-800-567-9604 toll free
Fax:  1-866-817-3977
TTY:  1-866-553-0554 toll free



HARMONIZED SALES TAX (HST)

On July 1, 2010, the Harmonized Sales Tax (HST) came into efffect in Ontario. The 13% HST combined the provincial retail sales tax and the federal goods and services tax. Status Indians, Indian bands and councils of an Indian Band are required to pay the 13% HST at point-of-sale.

On June 17, 2010, the Ontario provincial government announced that Status Indians, Indian bands and councils of an Indian Band would be exempt from the current retail sales tax portion of the HST. However, this point-of-sale exemption is not effective until September 1, 2010, for all qualifying off-reserve supplies that are for the personal consumption of a Status Indian or for qualifying band activities. In the interim, Status Indians, Indian bands and councils of an Indian Band are required to pay the HST at point-of-sale unless exempt from the GST under Section 87 of the Indian Act.

For the period July 1, 2010 to August 31, 2010, Status card holders should keep copies of original receipts for off-reserve purchases eligible for the point-of-sale exemption of the retail sales tax. Starting September 1, 2010, Status card holders will be refunded the provincial portion of the HST.

For more information, see Important HST Information for First Nations .



PARDONS

On June 30, 2010, the Criminal Records Act (CRA) was amended by the Government of Canada, which changed how pardons are granted by the National Parole Board. To find out what the changes are and to see if they may apply to you , please see the changes to the Pardon Eligibility and Application Process .










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