Guide and Information Resource for Indigenous Governing Bodies Reasserting Jurisdiction Under An Act Respecting First Nations, Inuit, and Metis children, youth and families
Our children are sacred gifts. They carry on our histories, our teachings, and our dreams for the future. Today, we are called to repair, reclaim, and reassert our rightful authority over the care and well-being of our children. Indigenous Perspectives Society offers this guide as a practical and empowering resource for Indigenous Governing Bodies (IGBs) as they reassert jurisdiction over child and family services under An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). This resource affirms that IGBs are the rightful leaders in this work and provides structured guidance, tools, and resources to support each Nation’s unique pathway forward. It restores the responsibilities given to us by our ancestors, affirming our laws, languages, cultures, and traditions in caring for our children and families.
At the core of this process is the recognition of inherent rights and the authority of Indigenous Nations to care for their children according to their own laws, values, and governance systems. Reclaiming jurisdiction is not simply a legal or administrative task—it is an act of self-determination that must reflect community priorities, traditions, ceremony, and cultural protocols.
This guide offers a phased approach to jurisdiction, with a focus on flexibility and community control. The three key phases are:
- Capacity Building (Internal):
Preparing the community by drafting the law, engaging with citizens, identifying services and supports, and building internal structures and capacity. This includes giving notice to Canada, forming working groups, leveraging available funding, and developing a vision for a new child and family services system. - Coordination Agreement & Fiscal Arrangements (External):
Entering into formal negotiations with the federal and provincial governments to establish Coordination and Fiscal Agreements. These agreements outline funding, service transition, data governance, and roles and responsibilities. - Implementation of Jurisdiction:
Enacting the law, beginning service delivery under Indigenous law, transferring cases, and continuing the evolution of governance, administration, and service systems.
The guide emphasizes the importance of community engagement at every step and provides a detailed checklist to support IGBs through the legal, organizational, and operational elements of jurisdiction. It also includes links to tools, templates, funding models, and educational materials developed by First Nations, Indigenous organizations, and academic partners.
Indigenous Perspectives Society developed this resource in the spirit of sharing and support. The collecting and compiling of resource material is offered to Indigenous Governing Bodies to refer to, learn from, and utilize. Recognizing the sovereignty of IGBs, this resource is not a “one size fits all” process and some things offered below may fit for y0ur c0mmunity and some may not. In spirit of reciprocity, take what you need and leave what you don’t. This resource guide is intended for informational purposes, and you are encouraged to follow processes that works best for your community.
Guide and Information Resource for Indigenous Governing Bodies Reasserting Jurisdiction Under An Act Respecting First Nations, Inuit, and Metis children, youth and families
- Understand the Legal Framework
- Canada: Full Text of the Act: Access the complete legislation to understand the legal provisions and obligations.
- ISC: Key Highlights: Summarizes the Act’s purpose, principles, and the best interests of Indigenous children.
- Assembly of First Nations: Primer on Practice Shift: Outlines the national legal principles and standards introduced by the Act.
Background and Informational Resource Links:
Background and Informational Resource Videos:
- The Wahkohtowin Law and Governance Lodge: Community Guide
- The Wahkohtowin Law and Governance Lodge: Bill C-92-The Good, the Bad and the Ugly Part 1
- The Wahkohtowin Law and Governance Lodge: Bill C-92-The Good, the Bad and the Ugly Part 2
- The Wahkohtowin Law and Governance Lodge: Bill C-92 From Compliance to Connection
- Our Children Our Way: Q & A on Bill C-92
- Bill C 92 explained by Marion Roberts
- Cowessess First Nation Talks 2024: Bill C92 with Dr. Cindy Blackstock
- Assess Readiness and Build Capacity
- Jurisdiction Tool-Kit 2.0: Provides guidance on transition planning and setting national minimum standards for service delivery.
- Child and Family Well-Being Law Making Resource Bundle: Offers foundational concepts and steps for First Nations law-making authority.
- Engage in Community Consultation
- MCFD: Pathways to Indigenous Jurisdiction: Details multiple pathways for Indigenous communities to resume jurisdiction over child and family services.
- Our Children Our Way: The Paths to Jurisdiction: Explores different outcomes and agreements available to Indigenous communities.
- Develop and Ratify Indigenous Laws
- ISC: Technical Information Package: Includes checklists and infographics to assist in submitting requests under Section 20(2) of the Act.
- Yellowhead Institute: Bill C-92 Implementation Strategies: Provides strategies for community implementation of the Act.
- Negotiate a Coordination Agreement and Fiscal Arrangement
- Other Funding & Resources
- MCFD: New Funding Model for First Nations Jurisdiction: Outlines a BC-specific funding model to support First Nations jurisdiction over child and family services.
- ISC Capital Assets Guide
- ISC Funding For Capital Assets
- ISC Capital Funding Request Form
- Implement and Monitor Services
- MCFD: Policy 1.2 Upholding Indigenous Jurisdiction: Outlines steps for directors to meet duties related to upholding Indigenous jurisdiction over child and family services.
- Government of Northwest Territories: CFS Practice Standards: Provides standards for commitment to Indigenous children, youth, and families in service delivery.
Things to Consider:
Data Soverighty and Information Management
- IGB Guide for Requesting Files From MCFD
- Requesting Files From MCFD
- First Nations Governance Centre: OCAP Principles
Additional Resources
- First Nations Leadership Council Children & Families Advances legislative, policy, and practice changes regarding First Nations child welfare in British Columbia
- Métis Nation of Alberta – Act C-92 Information on the Act’s affirmation of Métis rights in relation to child and family service.
- Indigenous Child and Family Service Agencies in British Columbia Detail initiatives to address the number of Indigenous children in care and support Indigenous jurisdiction.
- ISC: Notices and Request Related to the Act
- ISC: Repository for Sec. 12 Notices Under the Act
- ISC: Band Council Resolution Regulations
- Yellowhead Institute: C-92 Analysis
- Yellowhead Institute: Does Bill C-92 Make the Grade
- Yellowhead Institute: Community Implementation Fact Sheet
- Our Children Our Way: What is Bill C-92
- Our Children Our Way: Jurisdiction & Governance Resources
- First Nation Caring Society: Preliminary Briefing Sheet on the Act
- First Nation Leadership Council: Bill C-92 in BC
- Assembly of First Nations: Overview of Bill C-92 for Chiefs and Leaders
- Ktunaxa Kinbasket: Bill C-92 Q & A
- Public Guardian & Trustee BC: Property Guardian Coordination Agreements
Affirming Indigenous Governing Body Leadership in the Pathway to Jurisdiction
Indigenous Governing Bodies (IGBs) are the leaders in the pathway to reasserting jurisdiction under An Act respecting First Nations, Inuit and Métis children, youth and families. As the rightful authority, each IGB determines its own law based on its unique vision, values, and traditions. This includes defining the timeline, setting the pace, and making space for pauses or breaks as needed—recognizing that ceremony, culture, community engagement, protocols, and community responsibilities must guide the process.
It is also important to acknowledge that challenges, hardships, and delays may arise throughout this journey. These are expected in any transformative process. IGBs are encouraged not to be discouraged, but to move through these moments with patience, reflection, and resolve. The path is rarely linear, and adapting to the needs of the community is a sign of strength, not setback.
As IGBs move toward developing their own laws, it is essential to engage a legal team that brings the right expertise, knowledge, and resources. Lawyers can play a vital role in helping to translate the IGB’s vision into a law that is functional, enforceable, and aligned with both the community’s traditions and broader legal frameworks. However, it is the IGB—not the legal team—that leads the process. Lawyers are there to support the Nation’s direction, not define it. Their role is to ensure the law works for the IGB, not the other way around.
IGBs also lead the development of Coordination Agreements and Fiscal Agreements with the provincial and federal governments. While historically these types of meetings were government-led, asserting jurisdiction through the Act affirms the IGB’s role as the convenor, chair, and decision-maker. This is a powerful expression of inherent rights and self-governance, creating space for Nation-based systems that reflect Indigenous laws, cultures, and visions for child and family well-being.
When an Indigenous Governing Body decides to reassert their jurisdiction over child welfare, the Act is flexible enough to allow IGBs to determine the method for how that is accomplished. To understand the full scope of the process, there are three main phases to help get programs and services up and operational. These phases include the Capacity Building; Coordination Agreement; and Implementation phases. Below is a phased approach to reasserting child welfare jurisdiction, however, this list is not the only way nor the best but is intended to offer things to consider when utilizing the Act to reassert child welfare in your community.
Proposed Phased Approach to An Act Respecting First Nations, Inuit, and Metis children, youth and families
- Capacity Building Phase (Internal):
- This is the internal work done by community to prepare a law, service delivery model and identify capital needs
- Notice is provided to ISC by the Indigenous Governing Body
- A well-organized Working Group or Committee can support most of the community engagement and planning.
- Through community engagement the following is answered:
- Identify who the law applies to
- Identify what geographical area the law applies
- Determine a conflict resolution model
- What services will be needed
- Draft and ratify the law
- Leverage existing funding
- Capacity Building Funding
- Capital (CHRT-41)
- Prevention
- Post Majority Support Services
- First Nations Representative Services to expand the foundation for jurisdiction and future agency
- Create Governance / Organizational Structures – short and long-term
Develop Vision for New Child & Family Service Agency and Child & Family Services Program
- Community Needs Assessment
- Organizational Structure
- Program and Service Delivery Model
- Capital Requirements
- Comprehensive, detailed costing of programs and operations
- Coordination Agreement & Fiscal Arrangements (External):
- This is the external work done with Canada (ISC) and the Province
- Coordination Agreement is negotiated
- Fiscal Agreement is developed
- Child and Family Services are still under development
- This includes the collection, storage, use and ownership of data
- A data management system is necessary as access to the MCFD ICM system is not permitted to IGBs.
- Jurisdiction (Implementation)
- Beginning to exercise legislative jurisdiction (Supported by Coordination Agreement and Fiscal Agreement)
- This time of transition allows for IGBs to prepare for the accepting of files and transferring to IGB or identified authority
- Continuous evolution of programs, services and administration of
Things to Consider:
- Workload, as it is a significant amount of work.
- Politics
- Federal and Provincial
- Agreements in Principle & Long-Term Funding Reform
- Jurisdiction in other Provinces / Other Coordination Agreements
- Timing of the work and following your own timelines
- Finding a legal team that supports your vision and follows your lead
There are a couple pathways to reasserting an Indigenous Governing Bodies (IGBs) child and family jurisdiction, and there is not a one size fits all process for neither, however, here’s an example of a checklist to guide IGBs through the jurisdiction reassertion process under An Act respecting First Nations, Inuit and Métis children, youth and families:
Indigenous Governing Body Jurisdiction Reassertion Checklist
- Groundwork: Understand the Act
- Read and understand the full Act (link)
- Review summaries and primers (e.g., AFN Primer)
- Identify key principles: best interests of the child, cultural continuity, substantive equality
- Community Readiness & Visioning
- Conduct a community needs assessment
- Host visioning sessions with Elders, youth, and families
- Determine community values and priorities for child and family well-being
- Review the Jurisdiction Tool-Kit 2.0
- Internal Governance & Planning
- Form a working group or committee
- Define roles (legal, policy, communications, community engagement, etc.)
- Create a project plan with timelines and milestones
- Review Child and Family Law-Making Bundle
- Community Engagement
- Host regular community info and feedback sessions
- Translate materials into local language(s)
- Document and incorporate community input into law-making and planning
- Law Development
- Draft or affirm Indigenous child and family laws
- Ensure consistency with national minimum standards
- Review and refine through community engagement
- Prepare submission package under section 20(2), if applicable (Technical Package)
- Coordination Agreement and Fiscal Arrangement Process
- Send written notice to Canada and the province/territory
- Engage in tripartite coordination agreement discussions
- Clarify roles, responsibilities, jurisdictional intersections
- Secure agreements on funding, data sharing, service transition
- Funding and Resource Planning
- Identify funding needs and gaps
- Apply for federal and/or provincial programs
- Align funding strategy with service delivery and staffing models
- Consider BC Funding Model
- Service Delivery Model
- Define service delivery model (direct, delegated, hybrid, etc.)
- Develop policies, procedures, and standards
- Hire and train staff
- Develop partnerships with health, education, and social services
- Implementation
- Launch services under Indigenous law
- Ensure cultural practices and ceremonies are integrated
- Provide wraparound supports for families
- Monitoring, Evaluation & Reporting
- Establish mechanisms for evaluation and continuous improvement
- Develop culturally safe data collection practices
- Report back to community regularly
- Share successes and lessons with other Nations and IGBs
Reference List:
- Government of Canada.An Act respecting First Nations, Inuit and Métis children, youth and families.
https://laws.justice.gc.ca/eng/acts/f-11.73/ - Government of Canada.(2019). Overview of the Act respecting First Nations, Inuit and Métis children, youth and families.
https://www.sac-isc.gc.ca/eng/1568071056750/1568071121755 - Assembly of First Nations.(2020). C-92 Primer: A Shift in Practice.
https://www.afn.ca/wp-content/uploads/2020/02/C-92-Primer_en.pdf - Our Children Our Way Society.(2024). Jurisdiction Tool-Kit 2.0: Transition Planning.
https://ourchildrenourway.ca/wp-content/uploads/2024/02/Jurisdiction-Tool-Kit-2.0-Transition-Planning-2.pdf - Chiefs of Ontario.(2023). Child and Family Well-Being Law-Making Resource Bundle.
https://chiefs-of-ontario.org/wp-content/uploads/2023/03/02-22-2023-Child-and-Family-Well-Being-Law-Making-Bundle-FINAL-002HL_999.pdf - Government of British Columbia.Pathways to Indigenous Jurisdiction.
https://www2.gov.bc.ca/gov/content/governments/indigenous-people/supporting-communities/child-family-development/pathways-to-indigenous-jurisdiction - Our Children Our Way Society.The Paths to Jurisdiction.
https://ourchildrenourway.ca/indigenous-jurisdiction/the-paths-to-jurisdiction/ - Métis National Council.Technical Information Package – Submitting Request under Section 20(2).
https://www.metisnation.ca/uploads/documents/tech-info-pkg-Act-respecting-FN-Inuit-Metis-Children-1579795374325-eng.pdf - Yellowhead Institute.Post C-92 Community Implementation Strategies.
https://yellowheadinstitute.org/wp-content/uploads/2019/07/post-c-92-community-implementation-strategies-factsheet.pdf - Government of British Columbia.New Funding Model for First Nations Jurisdiction over Child and Family Services.
https://engage.gov.bc.ca/govtogetherbc/engagement/new-funding-model-for-first-nations-jurisdiction-over-child-and-family-services/ - Government of Canada.Community Well-Being and Jurisdiction Initiatives (CWJI) Program.
https://www.sac-isc.gc.ca/eng/1638565024162/1638566154510 - Government of British Columbia.(2022). Policy 1.2 – Upholding Indigenous Jurisdiction Over Child and Family Services.
https://www2.gov.bc.ca/assets/gov/family-and-social-supports/policies/policy_12_upholding_indigenous_jurisdiction_over_cfs.pdf - Northwest Territories Health and Social Services.CFS Practice Standards Regarding Indigenous Jurisdiction.
https://www.hss.gov.nt.ca/en/services/child-and-family-services-standards-and-procedures-manual/cfs-practice-standards-regarding - First Nations Leadership Council.Children and Families – Child Welfare Reform.
https://www.fnlc.ca/fnlc-children-families/ - Métis Nation of Alberta.Act C-92 Overview.
https://albertametis.com/programs-services/children-family-services/act-c92/ - Government of British Columbia.Indigenous Child and Family Service Agencies.
https://www2.gov.bc.ca/gov/content/family-social-supports/data-monitoring-quality-assurance/reporting-monitoring/accountability/indigenous-child-and-family-service-agencies