Notices and requests related to An Act respecting First Nations, Inuit and Métis children, youth and families

On this page

• Overview
• Indigenous legislation
• Notices of intent to exercise legislative authority
• Requests to enter into a coordination agreement
• About coordination agreement discussions

Overview

As of 2024-11-19, Indigenous Services Canada has received:

• 64 notices of intent to exercise jurisdiction via the framework of the Act
• 41 requests to enter into a coordination agreement

As of 2024-11-19:

• 11 coordination agreements have been signed
• 14 Indigenous laws have come into force.

Publication of this information is not intended to confirm any rights recognized and affirmed by section 35 of the Constitution Act, 1982, the status of any notices or requests provided under section 20 of the Act, or the validity of the authorization of each Indigenous governing body.

Indigenous legislation

This table provides links to the child and family service Indigenous laws which have come into force.

Notices of intent to exercise legislative authority

Subsection 20(1) of the Act provides that an Indigenous governing body, acting on behalf of an Indigenous group, community or people with rights affirmed by section 35 of the Constitution Act, 1982, may give notice of their intention to exercise its legislative authority in relation to child and family services to the Minister of Indigenous Services and the government of each province and territory in which the group, community or people is located.

Requests to enter into a coordination agreement

Subsection 20(2) of the Act provides that an Indigenous governing body, acting on behalf of an Indigenous group, community or people, with rights affirmed by section 35 of the Constitution Act, 1982, may submit a request to enter into coordination agreement discussions with Canada and the government of each province and territory in which the group, community or people is located.

This table identifies the requests submitted to the Minister of Indigenous Services Canada, the date the requests were received as well as the dates coordination agreements were entered into with Indigenous governing bodies.

About coordination agreement discussions

Coordination agreement discussions are an opportunity for an Indigenous governing body to collaborate with Canada and the relevant provincial or territorial government to coordinate emergency services, support measures and other processes. This helps ensure the transition to exercising jurisdiction is smooth and effective.

These discussions are also a chance to establish fiscal agreements that are:

• sustainable
• needs-based
• consistent with the principle of substantive equality between the federal government, the provincial/territorial government and the Indigenous governing body in relation to the provision of child and family services by the Indigenous governing body.

When an Indigenous governing body requests to enter into coordination agreement discussions, a 1-year discussion period begins where the Indigenous governing body meets with Canada and the relevant provinces or territories to develop an agreement for the effective delivery of child and family services.

If a coordination agreement is reached within the year, the Indigenous group, community or people's law gains the force of federal law in the province or territory with which the agreement was signed. This takes effect either as of the date that the coordination agreement is entered into or as of the date that the Indigenous governing body wishes to implement its law, if this date differs from the date on which the coordination agreement was entered into.

If no coordination agreement is reached, but the Indigenous governing body made reasonable efforts to enter into an agreement during the 1-year period, the Indigenous governing body may choose to bring its law into force if it has not done so already. In this case, an in-force Indigenous law would also have the force of federal law. The Indigenous governing body can also continue coordination agreement discussions and delay the coming into force of their law past the 1-year period.

Related links

• Key highlights of the Act