Regulations (possible) pursuant to an Act respecting First Nations, Inuit and Métis children, youth and families

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Title or working title of the regulatory initiative

Regulations (possible) pursuant to an Act respecting First Nations, Inuit and Métis children, youth and families

Enabling act(s)

Act respecting First Nations, Inuit and Métis children, youth and families

Description

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force on January 1, 2020.

A distinctions-based approach will be used to explore the need for regulations to support Indigenous governing bodies who wish to exercise partial or full jurisdiction over child and family services and to support the continued implementation of the provisions of the Act that pertain to service delivery, among other aspects of the act.

To facilitate the conclusion of a coordination agreement, at any given time, the Act allows the parties to benefit from a dispute resolution mechanism established by regulation and developed in collaboration with affected Indigenous governing bodies.

Furthermore, regulations could be developed for any matter relating to the application of the Act or respecting the provision of child and family services in relation to Indigenous children. This could also include regulations for any other transitional matter arising from the coming into force of the Act.

Regulations can only be developed by providing a meaningful opportunity to affected Indigenous governing bodies to collaborate in the policy development leading to the making of such regulations.

Regulatory cooperation efforts (domestic and international)

A domestic regulatory cooperation work plan could potentially be needed depending on the result of a meaningful opportunity for the affected Indigenous governing bodies who represent s.35 rights holders to collaborate in the policy development leading to the making of the regulations.

An international regulatory cooperation work plan would not be needed.

Potential impacts on Canadians, including business

The potential regulations would relate to child and family services in relation to Indigenous children. While there is no immediate expected impact on the majority of Canadians, implementing these regulations could help improve the outcomes for Indigenous children, leading to generations of children that will have the support they need to make significant contributions to the Canadian economy.

Consultations

As per section 32(1) of the act, regulations relating to the application of the act could only be made if the affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations. Therefore, the minister must work together with the affected Indigenous governing bodies to develop the policy that can form the basis for the regulations.

Under the section 32(2) of the act, provincial and territorial governments can also collaborate in the policy development leading to the making of the regulations.

Regulatory development will occur in 2 phases comprised of:

  1. Regulatory policy development involving distinction-based engagement and collaboration on regulatory policy.
  2. Regulatory proposal process involving regulatory drafting instructions and culminating in the Canada Gazette process.

Engagement on the potential development of regulations is anticipated to be aligned with engagement on the mandatory five-year review of the act and to occur during the 2023-25 planning period, which may also include the regulatory development phases described above.

Further information

Not applicable.

Departmental Contact

Isabelle Quintal
Director
Strategic Policy, Planning and Results
Child and Family Services Reform Branch
Email: isabelle.quintal@sac-isc.gc.ca
Public Enquiries Toll-free: 1-800-567-9604

The date the regulatory initiative was first included in the Forward Regulatory Plan

March 2020

Find out more

Consult Indigenous Services Canada 's Laws and Regulations web page for:

Consult the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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