Appearance before the Standing Senate Committee on Indigenous Peoples (APPA) - Duty to Consult (May 27, 2026)

Logistics

Date: May 27, 2026
Time: 6:45 p.m. – 7:45 p.m.
Location: Room C128, Senate of Canada Building, 2 Rideau St.

Witnesses

Panel 1

Panel 2

Parliamentary Analysis

Hon. Michèle Audette (Progressive Senators Group) (Chair) may ask about which communities get consulted and how consultation is funded. She may connect her questions to the second-generation cut-off.

Hon. Margo Greenwood (Independent Senators Group) (Deputy Chair) may ask about stable multi‑year funding for community‑led initiatives and alignment with the principles of UNDRIP.

Hon. Bernadette Clement (Independent Senators Group) may ask about timelines for consultation, who is asked to participate, and any feedback or pushback from communities on current consultation practices. She may also connect her questions to the second-generation cut-off.

Hon. Brian Francis (Progressive Senators Group) may ask about the second generation cut-off. He has previously asked for a list of communities consulted for specific projects.

Hon. Nancy Karetak‑Lindell (Independent Senators Group) may ask about capacity-building in the North and how Inuit and Northerners are integrated into decision-making processes as opposed to using consultation as a check-box. She may also ask about individual rights versus collective rights.

Hon. Mary Jane McCallum (Conservative) may ask about Indigenous communities' involvement in finding solutions to consultation issues, who is consulted, the degree and scope of consultation, and how questions are asked to ensure that informed consent could be gained. She may connect her questions to the second-generation cut-off.

Hon. Marilou McPhedran (Non-Affiliated) may ask about different consultation documents for departments, consultations based on revenue sharing, timelines for consultation, and what to do when there are no clear results at the end of consultation.

Hon. Kim Pate (Independent Senators Group) may ask about the slowness of official consultation events, themes that have emerged during consultations, inconsistencies in consultation practices, and how to allow for continued consultation. She may also connect her questions to the second-generation cut-off.

Hon. Paul (PJ) Prosper (Canadian Senators Group) may ask about timelines and criteria for consultation. He may connect his questions to the second-generation cut-off.

Hon. Karen Sorensen (Independent Senators Group) may ask about concrete examples of consultations that translate into measurable improvements, as well as work that spans various levels of government.

Hon. Scott Tannas (Canadian Senators Group) may ask about slow timelines for consultation practices, lack of metrics regarding outcomes, and the relationship between consultation and Indigenous economic participation.

Recent Ministerial Correspondence

Recent APPA studies, reports and government responses

• Examine and report on the subject matter of Bill S-241, An Act to amend the Criminal Code and the Indian Act
• Bill S-225, An Act to establish National Thanadelthur Day
• The subject matter of Part 4 and those elements contained in Division 35 of Part 5 of Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on November 4, 2025
• Examine and report on the government response, dated April 26, 2024, to the committee's fourteenth report (interim), entitled Honouring the Children Who Never Came Home: Truth, Education and Reconciliation, tabled in the Senate on July 19, 2023, during the First Session of the Forty-fourth Parliament
• Examine and report on the government response, dated March 21, 2024, to the committee's twelfth report (interim), entitled On the Outside Looking In: The Implementation of the Cannabis Act and its Effects on Indigenous Peoples, tabled in the Senate on June 14, 2023, during the First Session of the Forty-fourth Parliament

In the Media

Feds propose major overhaul of project assessment process - iPolitics

First Nations say feds didn't consult before signing carbon capture project MOU, ask federal court to weigh in | CBC News

Act on UN advice to eliminate 2nd-generation cut-off, First Nations advocates tell Canada | CBC News

National Newswatch | Judge quashes Alberta separation petition in favour of First Nations

Meeting Proceedings

The meeting is scheduled for May 27, 2026, 6:45 p.m. – 8:45 p.m., with CIRNAC officials appearing with witnesses from Indigenous Services Canada, Environment and Climate Change Canada, and Impact Assessment Agency of Canada scheduled to appear during the first hour (6:45 pm – 7:45 pm).

The Chair will call the meeting to order and provide instructions for the meeting proceedings. They will then introduce the witnesses and invite them to deliver opening remarks (limit of 5 minutes). Following the opening remarks, there will be rounds of questions from Committee.

It is recommended that all speakers speak at a moderate pace and at an appropriate volume to ensure they are heard by the interpreters. A new practice that was recently instituted as a measure to protect interpreters from injury, is that when earpieces are not in use by witnesses, that they be placed on the designated white circles installed on the table.

Departmental Officials appearing as witnesses should avoid making commitments to parliamentarians outside of the meeting's official proceedings. If a Member of Parliament or Senator approaches a witness with questions post-appearance, they should politely redirect that request to the Clerk of the Committee, who will then officially liaise with the Department.

The meeting can be watched via ParlVU, however there may be an up to 70-second delay with the webcast.

Other Information for Appearing In-Person

Witnesses should arrive early to allow time for security screening. Screening could take 30 minutes or more for those without a Hill pass.

Key Data Points

• CIRNAC implements the Federal Initiative on Consultation; the Initiative supports the co-development of consultation protocols and resource centres which supports over 400 Indigenous communities in consultations.
• CIRNAC also provides federal departments and agencies with Guidelines on consultation and accommodation; these guidelines are currently being renewed and are informed by more than 500 Indigenous participants in 42 sessions that took place across Canada in 2024 and 2025.
• In 2025-26, CIRNAC provided training on the duty to consult to more than 1,024 federal officials and responded to approximately 895 consultation and engagement inquiries, supporting more than 40 organizations across the federal government.
• CIRNAC collaborated with five Indigenous partners to co-develop and validate profile information on the Aboriginal and Treaty Rights Information System and delivered 32 webinars and 15 tailored training sessions to federal users in 2025-26.

Key Messages

• CIRNAC's consultation support activities confirm the importance of continued collaboration to ensure consultation processes are coordinated, manageable, and meaningful for Indigenous partners.
• CIRNAC continues to work closely with Indigenous communities and with federal, provincial and territorial practitioners to inform policy approaches that better reflect on‑the‑ground consultation realities. [c) the exploration of standards to improve federal policies and practices.]

Current Status

• Since 2008, CIRNAC has supported federal departments and agencies in fulfilling the Government of Canada's duty to consult. To support a meaningful whole-of-government approach to the duty, CIRNAC:
  • engaged with Indigenous communities and organizations on the renewal of the Guidelines for Federal Officials to Fulfill the Duty to Consult, expected to be released this summer (please refer to the Federal Guidelines on Consultation and Accommodation tab);
  • chairs various federal network meetings at the national and regional levels as well as a working group with provinces and territories to share information and best practices and to increase collaboration;
  • provides funding to its Indigenous partners through the Federal Initiative on Consultation which supports the co-development and implementation of consultation protocols and resource centres (please refer to the Federal Initiative on Consultation tab for further details);
  • manages the Aboriginal and Treaty Rights Information System, a web‑based geographic information system that is co-developed with Indigenous partners and supports federal consultation responsibilities by identifying Indigenous communities and providing information on potential or established Aboriginal and treaty rights;
  • provides training sessions to federal employees, anchored on Indigenous input and priorities identified through guidelines renewal engagement, and timely advice through the Single Window to federal public servants; and,
  • supports major project assessments under the Impact Assessment Act through a horizontal initiative and provides expertise for projects assessed under the Canadian Energy Regulator Act, the Canadian Nuclear Safety Act, and the Building Canada Act (please refer to the Building Canada Act tab), promoting meaningful consultation and partnerships with Indigenous communities.

Background

• The Crown has a legal duty to consult and accommodate when it considers actions that may negatively impact potential or established Aboriginal and/or treaty rights. CIRNAC plays a central role in supporting departments and agencies by providing guidance, tools, and advice to help fulfill these obligations.
• While CIRNAC leads a whole-of-government approach to the duty to consult, all federal departments and agencies in Canada are responsible to comply with the legal Duty to Consult and Accommodate Indigenous groups when they contemplate conduct that might adversely impact potential or established Aboriginal or treaty rights.

Key Data Points

• Budget 2023 provided $11.4 million over three years, for CIRNAC to engage with Indigenous groups to renew the Aboriginal Consultation and Accommodation - Updated Guidelines for Federal Officials to Fulfill the Duty to Consult - March 2011 (the guidelines).
• Regional engagement to inform the renewal of the guidelines concluded in December 2025. In total, more than 500 Indigenous participants in 42 sessions shared their ideas and input on how to improve the guidelines to support a meaningful whole-of-government approach to the duty to consult.

Key Messages

• Renewed guidelines will equip federal officials to conduct more effective, consistent, and respectful consultation processes. The new guidelines will reflect changes in law, policy, and the perspectives of Indigenous peoples. [c) the exploration of standards to improve federal policies and practices.]
• The guidelines will help Ministers make stronger, defensible decisions earlier. They will provide an approach aligned with the United Nations Declaration on the Rights of Indigenous Peoples Act and section 35, reducing legal risk, supporting reconciliation objectives, and improving predictability for major projects under the Building Canada Act. [c) the exploration of standards to improve federal policies and practices.]
• The consultation approach outlined in the new guidelines is oriented for coordination and legally sound, while enabling timely decisions and the use of mitigation or conditions where impacts on rights are identified.

Current Status

• Guidelines are presently being reviewed by members of the Indigenous-Crown Steering Committee and federal officials.
• The new guidelines are anticipated to be published in summer 2026, followed by a strong implementation roll-out through information sessions, training, tools, and practical guidance for federal officials. A final What We Learned Report will also be published, summarizing engagement findings from 2025.

Background

• The Guidelines constitute a policy approach for the federal government to meaningfully fulfill the duty to consult, and some departments and agencies may adapt their internal policies and practices based on these guidelines. [c) the exploration of standards to improve federal policies and practices.]
• It is the responsibility of each federal organization that has the conduct to ensure they meet duty to consult requirements where appropriate. The role of CIRNAC is to provide advice and guidance to federal officials (please refer to CIRNAC's Role in the Duty to Consult).
• To ensure Indigenous perspectives were reflected throughout the renewal process, CIRNAC established a temporary Indigenous‑Crown Steering Committee, composed of consultation experts from 11 Indigenous communities and organizations. The Committee provided ongoing advice and helped strengthen the Indigenous lens guiding the renewal process.
• An Interim Report that captures Phase 1 regional engagement sessions was developed and also has a companion report, which provides a high level summary of the Interim Report. Some of the elements raised at Phase 1 by participants include the following:
  • The importance of recognizing Indigenous responsibilities and governance processes, to work as partners and better collaborate in the development of the consultation plan.
  • Clarity when identifying key players and decision makers, as well as transparency when providing the information about the project and its stage of approval.
  • Addressing impacts to section 35 rights at all stages of consultation, supported by cultural competency and respect for Indigenous knowledge.
• A key themes report was also made available to present the themes that will anchor the new federal Consultation and Accommodation Guidelines before they are finalized.

Key Data Points

• The following key best practices will continue to facilitate positive working relationships with Indigenous Peoples and develop strong foundations for effective and efficient approaches to Indigenous consultation:
  • Early and Robust Preparation: Early readiness measures for consultation begin by developing organizational strategies inclusive of internal coordination and funding mechanisms, as well as appropriately skilled and culturally-informed personnel.
  • Relationship-Based Processes: Working with Indigenous Peoples should move beyond legal compliance toward early, continuous, and respectful dialogue grounded in reconciliation, relationship-building, and respect for section 35 Aboriginal or treaty rights and human rights standards within the UN Declaration and UN Declaration Act.
  • Meaningful Participation: Trust is strengthened through accessible, transparent, and collaborative processes that support Indigenous participation and influence decision-making, including early and sufficient capacity supports mechanisms.
  • Collaborative Issue Resolution: Maintain transparent and ongoing processes to collaboratively identify and address unresolved issues, including consideration for appropriate accommodation and mitigation strategies, shared problem-solving approaches, and clear accountability for following through on commitments and post-decision follow-up.

Key Messages

• CIRNAC continues to provide expert advice and guidance to federal departments and agencies  to incorporate Indigenous informed best practices into their approach to consultation and accommodation to create simpler, more coordinated processes and faster decision making that will meet the Government of Canada's approach to getting major projects built faster while ensuring environmental and regulatory standards are respected. [b) the identification of promising practices and ways to develop positive working relationships.]
• If Pressed: As the Consultation and Accommodation Unit does not perform consultation and accommodation activities, other sectors withing CIRNAC and other departments and agencies are better placed to provide project specific examples of best practices.

Current Status

• CIRNAC will continue to provide expert advice and guidance to federal officials on how to meaningfully fulfill the duty to consult, including through the sharing of best practices and approaches to develop positive working relationships. Please refer to CIRNAC's Role in the Duty to Consult tab for further details. [b) the identification of promising practices and ways to develop positive working relationships.]

Background

• These best practices have been drawn from the Indigenous engagement processes supporting the renewal of the Federal Consultation and Accommodation Guidelines (please refer to Federal Guidelines on Consultation and Accommodation tab), input from Indigenous partners of the Federal Initiative on Consultation (please refer to the Federal Initiative on Consultation tab) as well as the process that informed the newly announced Crown Consultation Hub to be located within the Impact Assessment Agency of Canada.

Key Data Points

• In 2024-25, there were 42,973 visits to the Aboriginal and Treaty Rights Information System (ATRIS) application, and 45,335 visits in 2025-26. Partner departments use the Aboriginal and Treaty Rights Information System to support their consultation work related to major projects and projects of national interest.
• CIRNAC provides a single window for the coordination of strategic advice and guidance and have supported federal officials in over 50% of major projects under the Impact Assessment Act and over 75% of major projects undergoing Northern environmental assessments in the last year.

Key Messages

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) plays a key role in supporting federal departments in meeting their duty to consult obligations, including for projects of national interest under the Building Canada Act.
• Following a national engagement process with First Nations, Inuit and Métis peoples, federal departments and agencies and industry associations, we will publish new consultation and accommodation guidelines in the summer, to better support federal officials in consulting effectively and respectfully for federal activities potentially impacting Section 35 rights.
• CIRNAC is responsible for the Aboriginal and Treaty Rights Information System, or ATRIS, which  supports the early identification of potentially impacted Indigenous groups, including their potential or established Aboriginal or treaty rights. The department is currently taking steps to clarify relevant profiles where Section 35 rights are currently not established and recently added the major projects dataset to the system.

Current Status

• CIRNAC continues to provide advice and support to the Major Projects Office in its ongoing work implementing the Building Canada Act.
• CIRNAC assists the Major Projects Office with the early identification of potentially impacted Indigenous communities and their rights and interests as Projects of National Interest are identified.
• To enable meaningful Indigenous participation in consultation processes, CIRNAC is working to ensure capacity supports are available, particularly in areas where projects have been identified as a project of national interest.
• CIRNAC has been engaging with Indigenous Peoples across Canada on the renewal of the federal consultation and accommodation guidelines. The guidelines outline the overarching whole-of-government approach for Canada to meet its consultation and accommodation obligations where section 35 rights may be impacted as a result of a government decision.

Background

• The Building Canada Act allows the Government of Canada to designate a major project in the national interest, based on consultation with provinces, territories, and Indigenous Peoples. The government is committed to respecting its duty to consult pursuant to section 35 of the Constitution Act, 1982, by consulting with Indigenous rights-holders before a project moves forward for consideration by Governor in Council. These consultations will occur with the aim of securing the free, prior, and informed consent of Indigenous rights-holders.
• The Major Projects Office provides a single point of contact, and leadership, on major projects. This includes partnering with federal departments, provinces, territories, Indigenous Peoples and private-sector participants.
• CIRNAC supports this work by providing expertise to federal departments on the legal duty to consult and accommodate, as well as key information regarding Canada's relationship with Indigenous partners during impact and environmental assessment and regulatory decision-making throughout Canada. Through advice, guidance, and training, CIRNAC supports designated major projects under the Impact Assessment Act, as well as major projects undergoing Northern environmental assessments.
• CIRNAC is updating the federal guidelines for federal officials to fulfil the Crown's duty to consult Indigenous Peoples and accommodate impacts on their rights which will be published in Summer 2026.
• CIRNAC provides training to federal officials to help them fulfill the legal duty to consult.

Key Data Points

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) has co-developed 13 consultation protocols and eight resource centres are in place.
• Collectively, these mechanisms provide consultation capacity support to more than 400 Indigenous governments, communities and organizations in Canada.

Key Messages

• Budget 2025 provided $10.1 million over three years, beginning in 2025-26, for the Federal Initiative on Consultation to support the meaningful participation of Indigenous rightsholders in consultation processes, including those required to advance projects of national interest listed under the Building Canada Act, through the use of Indigenous-led consultation resource centres and protocols.
• Consultation protocols and resource centres serve to foster meaningful dialogue, trust, and reconciliation by moving beyond simple information sharing toward collaborative decision-making that reflects community needs. [a) the needs of Indigenous Nations, specifically First Nations, Inuit and Métis peoples who seek to make the duty to consult more responsive to their community needs.]

Current Status

• The Federal Initiative on Consultation continues to support the efficient discharge of the Crown's duty to consult through self-determined and pre-established processes rather than on a case-by-case basis, as well as the provision of resources and tools to ensure Indigenous groups have the capacity to meaningfully participate and respond to consultation requests.

Background

• CIRNAC leads the co-development of consultation protocols and resource centres with Indigenous partners through the Federal Initiative on Consultation. A consultation protocol creates a process for federal departments to follow when consulting, while a consultation resource centre is a team within an existing organization that supports capacity building for Indigenous communities to respond to consultation requests.
• These consultation tools support Indigenous participation in resource and infrastructure projects, resulting in benefits and efficiencies for all involved, mainly by clarifying roles and responsibilities; promoting relationship-building with proponents; facilitating consistent, timely, and organized Indigenous responses to consultation requests; promoting the coordination of research on federal and provincial activity, informing cumulative effects considerations; and, consolidating consultations and aggregation of Indigenous groups, resulting in reduced requests and efficiency in process.

Key Data Points

• There are currently 385 First Nations scheduled to the First Nations Fiscal Management Act.
• The First Nations Finance Authority has provided close to $4 billion in financing to 104 First Nations for infrastructure and economic development, including supporting First Nations equity stakes in Clearwater Seafoods and Cedar LNG.

Key Messages

• The Government of Canada continues to support Indigenous communities by developing new tools and enhancements to the First Nations Fiscal Management Act to enable their economic prosperity within a strong Canadian economy.
• The legislative vehicle to advance these enhancements to the First Nations Fiscal Management Act has yet to be determined.

Current Status

• Crown-Indigenous Relations and Northern Affairs Canada is co-developing proposed amendments to the First Nations Fiscal Management Act to enable Indigenous-owned Special Purpose Vehicles to become borrowing members and borrow from the First Nations Finance Authority.

Background

• Crown Indigenous Relations and Northern Affairs Canada is co-developing proposed amendments to the First Nations Fiscal Management Act to enable Indigenous owned corporations or limited partnerships, known as Special Purpose Vehicles, to access financing from the First Nations Finance Authority.
• These amendments will support bands and other Indigenous groups to come together to finance their participation in major resource projects, supporting their economic prosperity and building a stronger Canadian economy.
• The proposed amendments to the Act would specifically allow a Special Purpose Vehicle to participate in the Act, apply to become a borrowing member of the First Nations Finance Authority and apply for a loan.
• In order to be qualified for a loan, the Special Purpose Vehicles must be wholly owned by one or more Indian Act Bands or Indigenous groups party to a Modern Treaty, Self-Government or Land Claim Agreement or entities established under such treaty or agreement.
• The Special Purpose Vehicle would not have to undertake financial certification under the Act. They would not be eligible to be elected to the Board of the First Nations Finance Authority  and would not be subject to intervention by the First Nations Financial Management Board.

Key Data Points

• Budget 2021 allocated $10.77 million over four years to CIRNAC to redesign the Additions to Reserve (ATR) Policy in collaboration with First Nations, and $32 million over four years to Indigenous Services Canada (ISC) to accelerate the assessment of ATR proposals.
  
• Funding to continue policy work and support ISC operations was renewed for 2025–26 with $3.38 million to CIRNAC and $10.5 million to ISC.
  
• For 2026-27, CIRNAC will be using $496,000 in A-base funding and $650,000 in Vote 10 reprofiled funding to finalize the redesign of the policy.
  
• Since 2021, investments have supported:
  • A total of 320 First Nation-led and Canada-led engagement activities, generating over 1,300 recommendations on how best to redesign the ATR Policy;
  • These discussions involved 45 First Nations, 37 national First Nation organizations, 43 regional First Nation organizations, 9 provinces, and 7 federal departments and internal partners
  • The creation of a Technical Advisory Committee to provide technical advice and perspectives and support the development of policy options informed by recommendations from First Nation-led engagement activities;
  • Nine interim changes to the ATR Policy to streamline its process while work continued on the comprehensive redesign of the ATR Policy;
  • Capacity funding for Indigenous organizations providing ATR support to First Nations and technical support for 100 First Nations in different stages of the ATR process;
  • The identification of the steps needed to pilot the transfer of some aspects of the ATR service delivery from ISC to a First Nation-led organization; and
  • Completion of 190 ATR proposals since 2022.
    
• ISC currently has an inventory of 878 active ATRs which, once approved, would add 0.6 million acres of land to reserve for Canada's First Nations.
• Since 2006–2007, 189 urban reserves have been created across Canada through service agreements that strengthen cooperation among First Nations, municipalities, provinces, and territories.
• A 2014 study by the First Nations Tax Commission found that six selected urban ATRs created 3,060 on-reserve jobs, 4,328 off-reserve jobs, approximately 600 seasonal positions, and over $1 billion in economic benefits, along with significant fiscal gains for First Nations and local governments.

Duty to Consult and Additions to Reserve

• The federal Additions to Reserve (ATR) policy requires the Government of Canada to consult other Indigenous groups when a First Nation submits a proposal requesting the Minister of Crown Indigenous Relations to set apart land as reserve for the use and benefit of its members.
• First Nation‑led engagement reports and literature reviews undertaken by CIRNAC as part of the ongoing ATR policy redesign have identified the following challenges related to the Duty to Consult in the ATR context:
  • Lack of a consistent national framework — consultation processes vary widely across regions, with unclear guidance, limited authority and insufficient internal capacity to maintain knowledge of traditional territories or conduct detailed assessments.
  • Inefficient and complex consultation processes — redundant steps, overlapping claims among multiple rights‑bearing groups, and large‑scale coordination requirements create delays and administrative burden.
  • Low First Nation capacity and trust — many communities lack the resources needed to participate effectively.
• First Nations have emphasized the need for a more efficient Duty to Consult and accommodation process, recommending:
  • Clarifying and standardizing policy
  • Streamlining and improving the processes
  • Strengthening collaboration and early engagement
  • Building capacity and support
  • Enabling First Nation-led consultation protocols

Key Messages

• CIRNAC is finalizing a draft of the redesigned Additions to Reserve policy and its accompanying directives, including a directive on the Duty to Consult.
• The draft policy and the Duty-to-Consult directive will introduce greater flexibility and collaboration in procedural requirements and encourage the use of existing First Nation consultation protocols where they exist.
• The draft policy and directives will be shared with First Nation partners across Canada for further review before implementation.

Current Status

• CIRNAC is completing a draft of the redesigned ATR Policy and accompanying directives, including the Duty-to-Consult.
• The draft policy and directives will be shared with First Nation partners across Canada for further review before implementation.
• Canada and First Nations partners are considering other initiatives to accelerate the return of land to First Nations like launching pilot projects with First Nations to explore new methods to support land expansion.
• Canada, in collaboration with the Land Advisory Board (LAB) and the National Aboriginal Lands Managers Association (NALMA), will identify the steps required to pilot the transfer of ATR functions from Canada.

Key Data Points

• Aboriginal title claims remain unresolved in large parts of Canada, including most of British Columbia, Quebec and the Atlantic provinces.
• Aboriginal title has been identified at nearly two thirds of active section 35 negotiation tables an issue for negotiation and/or to be discussed.
• Canada is party to 35 active Aboriginal title cases, most of which are in British Columbia. This includes significant active litigation cases involving: Cowichan, Haida, Gitanyow in British Columbia; Kitigan Zibi Anishinabeg in Ontario and Québec; Mi'gmaq as well as Wolastoqey Nations in New Brunswick; and Dakota-Lakota First Nations in the Prairies.
• For several years, the courts have directed the parties to negotiation over litigation as the preferred approach to reconcile rights and title.
• To date, 27 Modern Treaties have been concluded which, among other things resolve Aboriginal title claims. They provide clarity about rights, land ownership, and how land is managed; and protect the rights and interests of private property owners.

Key Messages

• The Supreme Court of Canada has been clear that Aboriginal rights, including Aboriginal title, exist and must be reconciled with Crown sovereignty; and that in doing so requires balancing Aboriginal rights and interests with and broader societal/public interests.
• When rights and title are unsettled, uncertainty follows. It affects Indigenous partners, governments, communities, industry, investment decisions, and major projects.
• For decades, the Courts have pointed governments and Indigenous groups toward negotiation as the preferred path forward. Courts answer legal questions. Negotiations build lasting solutions.
• Courts in British Columbia (Cowichan) and New Brunswick (Wolastoqey) have said different things about relationship between Aboriginal title and private property ownership. Canada has long held that private property interests need to be protected in negotiating to reconcile Aboriginal title.
• This is why Canada is appealing the decision in Cowichan. It is also why no modern treaty, no negotiated agreement, and no federal approach has resulted in people losing privately owned land.

Current Status

• Canada continues to work through negotiations to reconcile Aboriginal title claims through Modern Treaties. This includes work to finalize 3 such Treaties in British Columbia with K'ómoks, Kitselas and Kitsumkalum First Nations. These will be first Modern Treaties completed in BC since 2016.
• Canada is considering approaches to recognizing Aboriginal title outside of Modern Treaties, to align with relevant conditions and/or partners' interest in doing so. For example:
  • In 2024, Canada and Haida signed Chiix̲uujin / Chaaw K̲aawgaa "Big Tide (Low Water)" Haida Title Lands Agreement which recognizes and affirms the Haida Nation has Aboriginal title to Haida Gwaii lands and foreshore out to the low-water mark. This removed significant portions of Haida's Aboriginal rights and title litigation.
  • On February 20, 2026, Canada signed with Musqueam Indian Band (Musqueam): šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement that provide general recognition that Musqueam hold Aboriginal rights and title within the territory, and commit Canada and Musqueam to further negotiations on how and where those rights might apply. The agreement does not impact private property.  
• For more information on relevant active litigation (e.g. Cowichan and Wolastoqey) see separate issue sheets on this.

Background

• Aboriginal title is a constitutionally protected right to the land itself. It arises where an Indigenous nation had exclusive occupation and control over the lands in question in the historic period, when the Crown asserted sovereignty. It gives the Indigenous nation the authority to make decisions about the land, to possess it, to benefit from it economically, and protect its cultural and environmental values.
• Though similar to private fee simple ownership, Aboriginal title is subject to unique constraints, including that it is held communally, can only be transferred to the Crown, and cannot be used in a way that would prevent future generations from enjoying it. Fee simple titles are subject to different constraints, including laws related to environmental protection, zoning, expropriation, and so on. 
• Where Aboriginal title is credibly asserted, the Crown owes a duty to consult when making decisions that could adversely impact that title. This duty lies on a spectrum. The strength of the title claim and the severity of the potential adverse impact determine the depth of the consultation required.

Key Data Points

• This litigation is the focus of considerable national attention due to the BC Supreme Court Decision of August 7, 2025, declaring that the Cowichan Nation has Aboriginal title to an area of urban land in Richmond, British Columbia, which includes some privately owned fee simple lands, along with lands owned by Canada and the City of Richmond.

Key Messages

• Canada disagrees with elements of Court's decision, and we appealed it in our own right on September 8, 2025.
• We understand that this decision may cause uncertainty and concern for private landowners.
• This decision's potential significant implications, including for private property rights, necessitates greater legal clarity, and this clarity can come about through the proper legal process.

Current Status

• All parties to the litigation have appealed the Court's decision. The appeals will likely be heard by the BC Court of Appeal some time in 2026 or early 2027. Hearing dates have not yet been set.
• On January 23, 2026, Montrose Industries Ltd., Montrose Property Holdings and EcoWaste Industries Ltd ("Montrose") in Richmond, BC, filed an application to join the litigation as a party and to reopen the BC Supreme Court trial to make submissions as a company with private landholdings in the title area.
• Canada is consenting to Montrose's application, with limited submissions to be made by Canada.  Montrose's Application will be heard May 25-26, 2026 by the BC Supreme Court.  A decision is anticipated sometime in June 2026.

Background

• In November 2014, the Cowichan Tribes, the Stz'uminus First Nation, the Penelakut Tribe, and the Halalt First Nation commenced an action in the BC Supreme Court against Canada, British Columbia, and the City of Richmond. The Vancouver Fraser Port Authority, Musqueam Indian Band and Tsawwassen First Nation were added as defendants in 2016.
• The plaintiffs sought a declaration of Aboriginal title to 1,846 acres of land located on the waterfront in the City of Richmond, and a declaration of an Aboriginal right to fish for food in the south arm of the Fraser River. The claimed lands include approximately 700 acres of federal lands managed by Vancouver Fraser Port Authority. The remaining lands are municipal (Richmond) or are held by private landowners.
• The BC Supreme Court trial lasted from September 2019 to November 2023. 
• On August 7, 2025, the Court issued its decision, declaring the Plaintiffs have title to approximately 40 percent of the claimed area and an Aboriginal right to fish.
• The Court also declared that:
  • Canada's fee simple interests in the Aboriginal title lands (other than the fuel delivery lands) are defective and invalid;
  • Canada has a duty to negotiate Canada's fee simple interest in the fuel delivery lands with the Plaintiffs' Aboriginal title; and
  • The Crown grants of fee simple interests in the Aboriginal title lands unjustifiably infringe the Plaintiffs' title.
• Canada filed its Notice of Appeal on September 8, 2025, and is appealing portions of the decision around Aboriginal title and invalidity of Canada's fee simple interests. The appeal is filed to achieve clarity and certainty on the issues raised by the decision, which are of national importance. 
• The other parties to the litigation have also appealed parts of the decision. This includes the Cowichan, who have appealed the overall declaration of title. On appeal, Cowichan is seeking title to all of the claimed area or in the alternative, a larger portion of the claim area than that to which title was declared.

Key Data Points

• On February 20, 2026, Canada signed three agreements with Musqueam Indian Band (Musqueam): šxʷq̓ʷal̕təl̕tən - A Rights Recognition Agreement; xʷməθkʷəy̓əm [Musqueam] Stewardship and Marine Management Agreement; and xʷməθkʷəy̓əm [Musqueam] Fisheries Agreement.
• The Rights Recognition Agreement generally recognizes that Musqueam has Aboriginal rights,  including title, within their traditional territory and establishes a framework for future discussions and the negotiation of other agreements that will incrementally implement Musqueam's rights.
• The collaborative processes established through the xʷməθkʷəy̓əm Fisheries Agreement and the xʷməθkʷəy̓əm Stewardship and Marine Management Agreement will enable stronger partnerships with Musqueam, as well as opportunities for the participation of other First Nations and stakeholders for the benefit of all.

Key Messages

• These agreements support the recognition and incremental implementation of Musqueam's section 35 rights within their territory.
• The Musqueam Rights Recognition Agreement generally recognizes that Musqueam holds Aboriginal rights, including title, within their traditional territory, as recognized and affirmed by section 35 of the Constitution. It also establishes a framework for future discussions and negotiations that will support incremental implementation of Musqueam's rights.
• The agreement does not recognize specific rights within the territory, or title to any specific lands. It does not impact private, fee simple land interests, which remain under the purview of the Province of British Columbia. 
• The Musqueam Stewardship and Marine Management Agreement establishes bilateral working groups so that Musqueam knowledge and stewardship practices will guide and inform the marine emergency management and stewardship of lands and waters within Musqueam territory.
• The Musqueam Fisheries Agreement supports the collaborative management of Musqueam fisheries, including the establishment of a bilateral working group, as well as funding to support the implementation of Musqueam fisheries, including access, vessels and gear.  
• These agreements represent a major step forward towards reconciliation and incremental implementation of Musqueam's Aboriginal rights as affirmed under Section 35 of the Constitution Act, 1982.
• Canada's view is that entering into these agreements did not adversely impact the section 35 rights of other First Nations.  
• In the spirit of transparency and respectful nation-to-nation relationships, Canada advised 30 neighbouring First Nations before the agreements were signed.
• If through work carried out under these agreements, Canada contemplates Crown conduct that may adversely impact section 35 rights, the relevant Departments will consult at that time.
• Canada firmly believes that the best way to resolve outstanding claims is to work together in partnership through co-operative negotiations and respectful dialogue, rather than litigation.
• Canada has long held that private property interests need to be protected in negotiating to reconcile Aboriginal title. No modern treaty, no negotiated agreement, and no federal approach has resulted in people losing privately owned land.

Current Status

• The three agreements were signed by Canada and Musqueam on February 20, 2026.
• Work is now underway to implement the agreements, including the development of funding agreements and the establishment of collaborative working groups related to fisheries, stewardship, and marine emergency management.

Background

• Musqueam Indian Band ("Musqueam") is a First Nation located in Vancouver, British Columbia, with a registered population of approximately 1,655 people.
• Musqueam currently have three Indian Reserves totaling 272 hectares. Their main community is on Musqueam Reserve Number 2.
• Musqueam's traditional territory and statement of intent covers significant portions of the Lower Mainland of British Columbia, including Richmond and the City of Vancouver.
• Musqueam has a strong economic and social presence in the Lower Mainland through various agreements and strategic partnerships with the City of Vancouver, Vancouver International Airport Authority, corporations, and non-government organizations.
• Since 2017, Canada and Musqueam have been exploring and negotiating priority areas to recognize and incrementally implement Musqueam's section 35 rights within their territory.
• On February 24, 2025, Musqueam and Canada signed a Revenue Sharing Agreement committing the Government of Canada to share a percentage of ground lease revenues from Vancouver International Airport with Musqueam.
• On March 7, 2025, Musqueam and Canada initialled the Musqueam Self-Government Agreement.

Key Data Points

• This litigation is the focus of considerable national attention since New Brunswick Court of Appeal's ruling in December 2025 that Aboriginal title cannot apply to fee simple lands.

Key Messages

• Most of the lands claimed by the Wolastoqey Nation in the litigation fall under the jurisdiction of the Province of New Brunswick.
• On December 11, 2025, the New Brunswick Court of Appeal held that the Wolastoqey Nation can seek a declaration of Aboriginal title over Crown lands (a formal legal recognition of their title), but for privately owned lands they can only seek a finding of Aboriginal title, which does not affect private ownership.
• We remain committed to advancing reconciliation and upholding our legal obligations to Indigenous People. 
• As this matter is before the courts, we are not in a position to comment further at this time.

Current Status

• On February 6, 2026, the Wolastoqey Nation applied for leave to appeal the New Brunswick Court of Appeal's (NBCA) December 2025 decision.
• In their application, the Wolastoqey Nation argues that the case raises issues of national and public importance and focuses on two key questions:
  • Can Aboriginal title exist over privately held land?
  • Alternatively, is it "plain and obvious" that any claim seeking a declaration of Aboriginal title over privately held fee simple land must fail?
• It is expected that the SCC will issue a determination on whether to grant the appeal sometime between April and June 2026.
• As Canada was not a party to the procedural motions leading to the NBCA decision, Canada must await the SCC response before deciding whether to intervene.
• Once the matter concerning the participation of the private companies in this litigation has been resolved, it is anticipated that a date will be set for Canada to file its Statement of Defence.

Background

• Six First Nations of the Wolastoqey Nation in New Brunswick filed a claim in October 2020 seeking a declaration that they hold Aboriginal title to more than half of the province. The claim alleges this land was never surrendered by treaty. Some of this land is now held in fee simple by private landowners.
• On November 12, 2024, the Court of King's Bench of New Brunswick issued a procedural decision allowing the claim to proceed and holding that Aboriginal title could, in principle, extend to lands held in fee simple. On April 24, 2025, three timber firms appealed this decision to the New Brunswick Court of Appeal.
• On December 11, 2025, the New Brunswick Court of Appeal issued a decision that limits the ability to seek a formal declaration of Aboriginal title over fee simple land. On February 6, 2026, the Wolastoqey Nation applied for leave to appeal the New Brunswick Court of Appeal's (NBCA) December 2025 decision.

Key Data Points

• Negotiations with a number of First Nations continue to advance toward finalizing comprehensive agreements under the British Columbia Treaty process, while negotiations with K'ómoks First Nation, Kitselas First Nation, and Kitsumkalum First Nation have concluded.
• The treaties with K'ómoks, Kitselas and Kitsumkalum First Nations have been initialed by all parties (Kitselas on June 24th, 2024, Kitsumkalum on June 25th, 2024, and K'ómoks on July 22nd, 2024).
• Successful community ratification votes have also been held by these same three First Nations (K'ómoks on March 8th 2025, Kitselas on April 10th 2025, and Kitsumkalum on November 1st 2025).
• Recently British Columbia initiated its provincial ratification process for the K'ómoks and Kitselas treaties. The first step in this process was to introduce provincial treaty implementation legislation. British Columbia introduced this legislation for the K'ómoks treaty on April 14, 2026, and for the Kitselas treaty on April 15, 2026.  British Columbia has not yet introduced provincial implementation legislation for the Kitsumkalum treaty, but it is anticipated that this will occur in the near future.
• Canada will also ratify these treaties through a multistep process. Federal Cabinet authority will need to be sought to sign the treaties and draft federal implementation legislation.
• For the treaty to be fully ratified and come into effect, Canada and British Columbia will also need to have met their duty to consult with neighbouring First Nations. This process remains ongoing.

Key Messages

• Notable progress is being made towards concluding modern treaties in British Columbia.
• In summer 2024, the Governments of Canada and British Columbia initialed treaties with Kitselas [KIT-sell-us], Kitsumkalum [KIT-sum-KAY-lum], and K'ómoks [KO-mox] First Nations. Successful community ratification votes on the treaties were held by all three First Nations in 2025, and the treaties are now progressing through the provincial ratification processes. Federal ratification will follow.
• Throughout the next steps of the ratification process for these three treaties, Crown consultation with neighbouring First Nations will continue.
• Should the treaties be fully ratified and come into effect, these treaties will be the first  treaties concluded in British Columbia in over 10 years, and will clarify land ownership and jurisdiction while promoting regional economic growth and community well-being.
• Progress is also being made at other negotiation tables in British Columbia and across Canada.
•  We remain committed to co-developing agreements to advance Indigenous rights.

Current Status

• Treaties with three First Nations (Kitselas, Kitsumkalum and K'ómoks) are currently in the ratification stage while overlap consultations conclude.
• British Columbia's implementation legislation (the first step in the provincial ratification process) was introduced in April 2026 for the K'ómoks and Kitselas treaties, and it is anticipated that British Columbia will introduce provincial implementation legislation for the Kitsumkalum treaty in the near future.
• Federal Cabinet authority will need to be sought to sign the treaties and draft federal implementation legislation.
• Should British Columbia pass its provincial enabling legislation and federal Cabinet authorities to sign the treaties be secured, the parties would sign each of the three treaties. This would be followed by the passing of federal implementation legislation.
• Negotiations with other British Columbia First Nations  also continue to progress, with up to six treaties targeted for initialing by Fall 2007/Winter 2028.

Background

• Concluding treaties involves close collaboration with provincial and First Nations partners, and includes several steps, each of which can take several months:
  • Presentation of a Final Land and Cash Offer (presented to the First Nation(s) by Canada and British Columbia); 
  • Signing of a Chief Negotiators' Understanding (parties signal agreement on substantive negotiation topics with a limited list of items to finalize); 
  • Initialing (parties signal the conclusion of substantive negotiations, allowing for the beginning of the ratification processes. Consultations with neighbouring Nations and final reviews continue after initialing);
  • Ratification (the First Nation(s), followed by British Columbia and Canada, seek approval of the treaty via their respective processes. The First Nations hold community votes, British Columbia needs to pass implementation legislation and Canada requires Cabinet-level approval for signing and the passing of federal implementation legislation);
  • Signing (all parties sign the Agreement); and
  • Effective date (the treaty takes effect, normally about two to three years after signing, in order to give all parties time to prepare for implementation. The Indian Act would no longer apply except for specific circumstances and the implementation process could begin).
• In negotiations since 1994, K'ómoks First Nation is located in the Comox Valley on the eastern coast of Vancouver Island, BC, and has a registered population of 351 members, of whom 102 reside on reserve.
• In negotiations since 1993, Kitselas and Kitsumkalum First Nations are located near Terrace, British Columbia. Kitselas has a population of 759 with 305 on reserve. Kitsumkalum has a population of 882 with 442 on reserve.

Key Data Points

• In December 2024, the Haida Nation (Haida) and Canada signed the Chiix̲uujin / Chaaw K̲aawga "Big Tide (Low Water)" Haida Title Lands Agreement (the Agreement), bringing a key aspect of active litigation against Canada to a negotiated resolution.
• The Agreement protects fee simple (private property) interests and complements the Gaayhllxid / Gíihlagalgang "Rising Tide" Haida Title Lands Agreement between Haida and British Columbia that was signed in April 2024.
• In November 2024, during a Special House of Assembly, Haida citizens voted 97% in favour to approve the Agreement.
• In February 2025, over 350 community members gathered in Skidegate, Haida Gwaii to celebrate the public announcement of the Agreement.

Key Messages

• The Government of Canada has recognized Aboriginal title for the first time through a negotiated agreement, the Chiix̲uujin [Chee-Whoo-Gin] / Chaaw K̲aawga [Cha-Kow-Gaa] "Big Tide (Low Water)" Haida Title Lands Agreement.
• The Agreement recognizes Haida Aboriginal title to the land and foreshore of Haida Gwaii, while protecting fee simple (private property) interests, ensuring continued access to and use of lands for federal purposes, and preserving the delivery of federal public services for all residents.
• There are no changes to the collection of taxes or the ability of property owners to sell their land, secure financing, build, or alter structures.
• No modern treaty, no negotiated agreement, and no federal approach has resulted in people losing privately owned land.

Current Status

• Canada is advancing work to bring the Agreement into effect through federal implementing legislation.
• On September 5, 2025, with the support of Haida, Canada, and British Columbia, the BC Supreme Court declared that the Haida Nation has Aboriginal title to the land and foreshore of Haida Gwaii, consistent with the terms of both the Agreement and the "Rising Tide" Agreement.
• The effects of the Court's declaration are suspended for 24 months with respect to identified federal interests to give Canada sufficient time to introduce and pass implementing legislation.

Background

• Haida Gwaii is a group of over 200 islands (around one million hectares) located approximately 100 kilometres west of the northern coast of mainland British Columbia.
• The Haida Nation's claims to Aboriginal title and rights in Haida Gwaii were first accepted for negotiation by Canada in 1986.
• In 2002, Haida initiated legal action against Canada and British Columbia, seeking a declaration of Aboriginal title and rights to the entirety of Haida Gwaii, as well as the seabed, water column, marine areas, surmounting airspace, and areas within Canada's Exclusive Economic Zone.
• In 2021, Canada, Haida, and British Columbia signed the GayG̲ahlda / Kwah.hlahl.dáyaa "Changing Tide" Framework for Reconciliation, setting out an incremental approach to negotiating reconciliation agreements.
• In 2023, Canada, Haida, and British Columbia signed the Nang K̲'uula / Nang K̲'úulaas Recognition Agreement, recognizing the Haida Nation as the holder of inherent rights of governance and self-determination, and the Council of the Haida Nation as the governing body of the Haida Nation.
• In April 2024, Haida and British Columbia signed the Gaayhllxid / Gíihlagalgang "Rising Tide" Haida Title Lands Agreement, providing provincial recognition of Haida Aboriginal title on Haida Gwaii, including submerged lands (the seabed) extending up to 14 nautical miles from the low-water mark. The "Rising Tide" Agreement was brought into effect in July 2024 through provincial implementing legislation.
• From May to November 2024, Haida and Canada undertook negotiations to collaboratively develop the Chiix̲uujin / Chaaw K̲aawga "Big Tide (Low Water)" Haida Title Lands Agreement.
• On November 7, 2024, Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation, received royal assent.

Key Data Points

• There are currently 27 Modern Treaties in effect, covering over 40% of Canada's landmass including 80% of the North and forming the basis of Canada's relationships with 30 Indigenous Modern Treaty Partners.
• Implementing Modern Treaties is a whole-of-government responsibility —  Modern Treaties created more than 9,000 obligations across over 30 departments and agencies.
• Evidence shows Modern Treaties are delivering real socio-economic results.
  • Studies have found that First Nations with modern treaties have 17% higher per-capita incomes and twice the rate of improvement in community well-being compared to non-treaty or Indian Act communities.
  • In Yukon, First Nations with Final Agreements saw household incomes rise by 62%—outpacing those without agreements.
• Examples of Indigenous Modern Treaty partners leading or partnering on major economic initiatives include:
  • Air Inuit is wholly owned by Nunavik Inuit through their economic development arm, Makivik Corporation.
  • Whitecap Dakota First Nation owns and is currently expanding the Dakota Dunes Resort, Casino and Golf Course. The expansion, which will include the construction of a spa complex, is expected to generate significant activity in construction and, once completed, tourism for the region at large.

Key Messages

• Modern Treaties and associated self-government arrangements support national priorities like trade, Arctic sovereignty, and resource development, as well as Indigenous-led economic development by:
  • Providing legal and regulatory stability for investors
  • Enabling greater Indigenous decision-making in economic sectors
  • Building economic capacity and participation
• These agreements are signed with the Crown as a whole making their implementation a whole-of-government responsibility. While steps have been taken to improve implementation across federal departments, including through the Cabinet Directive on the Federal Approach to Modern Treaty Implementation and Canada's Collaborative Modern Treaty Implementation Policy, challenges remain and more needs to be done.
• The Commissioner for Modern Treaty Implementation was co-developed with Indigenous Modern Treaty partners to address issues unique to Modern Treaty implementation. Bill C-10, An Act respecting the Commissioner for Modern Treaty Implementation, delivers on a specific policy commitment made jointly by Canada and Indigenous Modern Treaty partners to strengthen accountability for these constitutionally protected agreements.
• The Commissioner's scope would, therefore, be focused on Modern Treaties and their related agreements, such as associated self-government agreements, implementation plans, and fiscal arrangements.
• Historic Treaties are supported through distinct institutional and policy mechanisms — including Treaty Relations Commissions in Saskatchewan and Manitoba — which promote public education, mediation, and dialogue between First Nations and the Crown on treaty implementation issues.
• Additionally, to ensure Provincial and Territorial jurisdiction is respected, the Commissioner would focus on federal implementation activities. Provinces and Territories remain responsible for implementing their own commitments and do not fall under the Commissioner's purview.
• If Bill C-10 is passed by Parliament, the Commissioner for Modern Treaty Implementation will provide independent oversight and ensure that Parliament is kept informed of the Government's implementation activities.

Current Status

• Legislation to establish the Commissioner was introduced in Parliament on September 25, 2025, and is currently advancing to third reading in the House of Commons following completion of assessment by the Parliamentary Standing Committee on Indigenous and Northern Affairs.
• Should the legislation receive Royal Assent, the next step will be the appointment of the inaugural Commissioner and the standing-up of the Office.

Background

• The Commissioner for Modern Treaty Implementation is a proposed Agent of Parliament co-developed in 2023 with all Indigenous Modern Treaty partners to provide independent, expert oversight of federal Modern Treaty Implementation.
• It fulfills a commitment made in Canada's Collaborative Modern Treaty Implementation Policy (2023) and responds to 20 years of Modern Treaty partner advocacy for such a body.
• Legislation was initially introduced in October 2024 as Bill C-77, An Act Respecting the Commissioner for Modern Treaty Implementation. However it died on the Order Paper with the prorogation of Parliament on January 6, 2025 and was reintroduced, in its original form and with the same title, as Bill C-10 on September 25, 2025.

Key Data Points

• On November 30, 2024, Canada and the Manitoba Métis Federation signed the Red River Métis Self-Government Recognition and Implementation Treaty.
• It recognizes the Manitoba Métis Federation as the Indigenous government mandated to represent the Red River Métis in respect of their section 35 right to self-government and recognizes its jurisdiction and authority over internal governance matters. The Treaty does not address harvesting, resources or land-related matters.
• The Manitoba Métis Federation represents approximately 42,500 Red River Métis citizens.

Key Messages

• Canada is committed to ensuring that the duty to consult is met and, where appropriate, that accommodations be made for any Indigenous groups whose rights may be adversely impacted.
• The Red River Métis Self-Government Recognition and Implementation Treaty was shaped by over one year of consultation and engagement with Indigenous groups, including other Métis Governments and organizations as well as First Nations in Manitoba. Numerous accommodations (i.e. modifications to the Treaty) were made during the Crown consultation process toward ensuring the Treaty will not adversely impact the section 35 rights of other Métis and First Nations groups once implemented.

Current Status

• On February 12, 2026, federal implementing legislation, Bill C-21, was introduced in Parliament (Red River Métis Self-Government Recognition and Implementation Treaty Act). The Bill is currently at second reading stage awaiting resumption of debate.
• If passed, Bill C-21 will give legal force and effect to the Red River Métis Self-Government Recognition and Implementation Treaty upon royal assent.

Background

• The Red River Métis Self-Government Recognition and Implementation Treaty states that it is not to be interpreted to imply that the Red River Métis are the only Métis collectivity with rights under section 35(2) of the Constitution Act, 1982.
• Individuals have a choice as to which Métis government represents them. To become a Red River Métis citizen, an individual must choose to apply and meet the applicable eligibility criteria.
• Red River Métis Laws made pursuant to the Treaty will only apply to the internal operation of the Manitoba Métis Federation government, or to individuals who have chosen to register as Red River Métis citizens. That is, individuals who have chosen to register to be a citizen of the Red River Métis. These citizens have mandated the Manitoba Métis Federation to act on behalf of the Red River Métis to represent and advance their collectively-held rights. 
• The Government of Canada strives to negotiate agreements with Indigenous governments in a manner that will not impact the rights of other Indigenous governments or groups.

Key Data Points

• There are 80 oil and gas licences in the North: 69 significant discovery licences and 11 exploration licences.
• The territories are estimated to have one-third of Canada's total conventional oil and gas reserves but the resources remain stranded largely due to their remoteness. The last well was drilled in 2006 and exploration activity largely ceased in 2009.
• In 2016, Canada announced the Arctic offshore oil and gas moratorium, suspending all oil and gas activities in Canada's Arctic waters. The moratorium is reviewed every five years.
• The Government of Canada invested $2.5 million over five years to support Inuvialuit participation in the management and administration of the Western Arctic – Tariuq (Offshore) Accord. An additional $6.9 million over five years was invested to support climate and marine science assessments and the implementation of the Tariuq AccordIn 2023, Canada considered the findings of the first science-based review and maintained the moratorium. The Western Arctic – Tariuq (Offshore) Accord was signed and a second review commenced.
• All resource revenues collected by Canada from the Beaufort Sea since 1993 ($25.8M million) will also be transferred to the Government of Yukon and the Government of the Northwest Territories.

Key Messages

• The Western Arctic – Tariuq (Offshore) Accord establishes a direct role for territorial and Indigenous governments in the co-management of oil and gas in the Arctic offshore.
• Canada is consulting the statutory drafting of the Accord with northern partners which requires their consent prior to introduction.
• Canada is committed to advancing responsible northern resource development in full partnership with Indigenous and territorial governments, while ensuring decisions are informed by science, marine and environmental considerations

Current Status

• CIRNAC is working with the Department of Justice to draft the implementing legislation for the Western Arctic – Tariuq (Offshore) Accord, in consultation with northern Accord partners.
• CIRNAC is working with the Inuvialuit Regional Corporation, the Government of Yukon and the Government of the Northwest Territories in the western Arctic, and the Nunavut Tunngavik Incorporated and the Government of Nunavut in the eastern Arctic to complete the second climate and science-based review, which will inform the decision whether to maintain the moratorium.

Background

• The Western Arctic – Tariuq (Offshore) Accord marks a major milestone in Northern federal – Indigenous resource management and resource revenue agreements as it fulfils a federal commitment from the 1993 Canada-Yukon Oil and Gas Accord and the 2013 Northwest Territories Lands and Resources Devolution Agreement.
• Federal petroleum legislation assigns the Minister of Northern and Arctic Affairs as the Minister for lands and rights disposition on Northern frontier lands (Norman Wells Oil Field (NWT), Nunavut and the Arctic Offshore).
• In December 2016 Canada announced an indefinite moratorium on oil and gas in Canada's Arctic waters, to be reviewed every five years through a climate and marine science-based review. CIRNAC works with territorial governments, the Inuvialuit Regional Corporation and the Nunavut Tunngavik Incorporated to co-develop the review. In summer 2023, the "Report of the Western Arctic Review Committee" and the "Report of the Committee on the Science-Based Assessment of Offshore Oil and Gas Exploration and Development in the Eastern and Central Arctic" were finalized, and the moratorium maintained. A second review is underway and expected to be completed in 2027.
• The moratorium is indefinite but reviewed on a five year cycle. The next decision point is anticipated for 2027, however, since the moratorium is policy-based Cabinet can decide to lift it at any time.
• In August 2023, Canada signed the Western Arctic – Tariuq (Offshore) Accord with the Inuvialuit Regional Corporation, the Government of Yukon and the Government of the Northwest Territories. It establishes an offshore oil and gas co-management agreement and resource revenue sharing arrangement with northern partners, assigning the Inuvialuit equal management authority in the Accord Area and economic benefits from future development.
• The 1993 Canada‒Yukon Oil and Gas Accord provided for the transfer of offshore oil and gas resource revenue of $25.8M to the Government of Northwest Territories and the Government of Yukon, once the parties agreed on how to split the amount. In March 2025, the territories agreed to a split of 60% for the Northwest Territories and 40% for the Yukon.

Key Data Points

• Nunavut makes up one fifth of Canada's land mass. 19% of land in Nunavut is Inuit owned, with Inuit having mineral rights to 2% of that amount. Most of the land outside communities is federal Crown land and, except in places like National Parks, is administered through the Territorial Lands Act.
• The Territorial Lands Act and its Regulations enable, amongst other things, exploration and mining in Nunavut. Related 2024 exploration expenditures totaled $197.9 million, 4.9% of total Canadian exploration expenditures.
• There are 4 active mines in Nunavut, one of which produces a critical mineral (high purity iron at Mary River). The future of mining in Nunavut is represented by advanced exploration at 6 properties, 5 of which are critical minerals (mostly iron, uranium, and copper).
• Potential investments are coming to Nunavut for infrastructure critical to Canada's economic security and sovereignty, including four transportation and energy links (Grays Bay Road and Port – part of a potential Arctic Economic Security Corridor, Kivalliq Hydro Fibre Link, the Qikiqtarjuaq Port, and the Iqaluit Hydro project).
• Budget 2025 committed $76 million to further expand Arctic security across the three territories, plus the Arctic Infrastructure Fund is investing $1 billion in northern infrastructure for both civilian and military use.

Key Messages

• Northern and Arctic sovereignty and security are top priorities for our Government. Working with Indigenous and territorial partners, we are aligning federal efforts through a coordinated strategy to deliver critical infrastructure, bolster human security and unlock economic potential across the North.
• Amendments to the Territorial Lands Act support these priorities; they will unlock critical mineral development and supply chain transport, and further assert Inuit and Canadian sovereignty.
• Development must meet our national interests, including economic security. We must be able to take action when it does not. For this reason, amendments to the Territorial Lands Act are being advanced to protect the national interests of Canada and the interests of Inuit in Nunavut.

Current Status

• Following appropriate consultation with Inuit, First Nation and territorial partners, amendments to the Territorial Lands Act were introduced as Part 4, Division 14 of Bill C-31, A second Act to implement certain provisions of the budget tabled in Parliament on November 4, 2025, introduced on May 6, 2026.
• Consultations with Indigenous rights holders did not result in any changes to the proposed amendments. In response to concerns raised about consistency with section 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act, CIRNAC noted that while work to implement that Act is being advanced in various ways, including through policy and legislative reforms, Canada is proceeding with targeted legislative amendments, such as these amendments to the Territorial Lands Act, to address specific policy objectives.
• Necessary associated regulatory changes will follow passing of the Bill and coming into force of the amendments.

Background

• With the increased attention on northern development, security and sovereignty, Inuit and others have sought to ensure the land and resources management framework in Nunavut, as elsewhere, is sufficiently robust to protect the national interests of Nunavummiut and all Canadians.
• One key element of the land and resources management framework in Nunavut is the Territorial Lands Act, and its regulations. With pending devolution of responsibility for lands and resources to the Government of Nunavut, now is an opportune time to amend the Act to ensure adequate authorities are available to the Government of Canada to act if our national interests are in jeopardy.

Key Data Points

• As of 2025, CIRNAC's Northern Contaminated Sites Program is responsible for the management of approximately 150 contaminated sites across the Yukon, Northwest Territories and Nunavut, representing an estimated environmental liability of $6.4 billion (CIRNAC's Financial Statements, March 2025) and is actively managing 92% of its high-priority sites.
• The Government of Canada has made significant investments to implement the Program:
  • Budgets 2019 and 2023 secured $9.1 billion over 15 years (2020-2035) for the Northern Abandoned Mine Reclamation Program to remediate CIRNAC's eight largest abandoned mine projects;
  • Budget 2024 announced the renewal of Phase V of the Federal Contaminated Sites Action Plan (2025-2030), led by Environment and Climate Change Canada.
• In 2026-2027, the Program's planned spending is $782.6 million across projects in all three territories.
• As of March 2026, since the Program's establishment in 2005:
  • 812 sites were assessed and closed;
  • 33 sites were remediated and closed;
  • 56 sites were remediated and are undergoing long-term monitoring or pending administrative closure;
  • All other sites are in the assessment, planning or active remediation phase.
• Through its commitment to developing socio-economic opportunities for Northerners and Indigenous Peoples, the Program has:
  • created almost 15,000 jobs for Northerners;
  • provided employment opportunities resulting in Indigenous Peoples contributing 36% of total person-hours worked;
  • delivered over 475,000 training hours to Indigenous Peoples and Northerners;
  • established more than 10,200 contracts and supplier agreements to Northern businesses;
  • developed partnerships with Northern colleges and training providers; and,
  • invested $741 million in Indigenous businesses cumulatively since 2010.

Key Messages

• The Government of Canada is committed to the protection of human health and safety and the environment, as well as the development of economic opportunities for Northerners and Indigenous Peoples.
• We continue to collaborate meaningfully with communities, Indigenous Peoples, Territories and interested stakeholders to protect Canadians and the environment.
• The Program works with Indigenous communities to co-develop project-specific governance agreements, procurement frameworks, and socio-economic strategies that promote reconciliation and meaningful engagement with Indigenous Peoples through the full project lifecycle.

Current Status

Background

• Most of CIRNAC's portfolio of contaminated sites originate from private sector mining activity, were abandoned when owners became insolvent and became the responsibility of the Department as owner of last resort in the territories.
• Modern mining regulatory frameworks in the territories are based on the "polluter pays" principle and require companies to put aside sufficient financial security up front to pay for cleanup. Mine operators must provide financial security— such as cash, irrevocable letters of credit, or surety bonds—sufficient to cover the full cost of closure, remediation, and long-term monitoring. This ensures funds remain available even if a company becomes insolvent and significantly reduces the risk of abandoned mines becoming a future liability for taxpayers.
• The Northern Contaminated Sites Program objectives are to reduce risks to human health and the environment; decrease environmental liabilities; and, maximize socio-economic benefits for Indigenous Peoples and northerners.
• The Northern Contaminated Sites Program operates under two funding streams:
  • The Northern Abandoned Mine Reclamation Program manages the eight largest abandoned mine projects in Yukon (Faro, United Keno Hill, Clinton Creek, Ketza, Mount Nansen) and the Northwest Territories (Giant, Cantung, Great Bear Lake).
  • CIRNAC's remaining sites are funded through Environment and Climate Change Canada's Federal Contaminated Sites Action Plan.
• CIRNAC is committed to taking a collaborative approach with Indigenous and other northern partners with respect to the remediation of contaminated sites, going beyond consultation and pursuing co-management governance with partners wherever possible and operating within the co-management regime in the three territories for the approval and execution of remediation projects.

Key Data Points

• The Nunavut Land Use Plan, if approved, would apply to the entire Nunavut Settlement Area, both land and marine regions, representing 20% of Canada, a total area of 1,994,000 kilometers squaredkm².
• The Recommended Plan is the fifth version of the Plan developed by the Nunavut Planning Commission since work on it began in 2007 and is the first that has been submitted for a decision of the Government of Canada, Government of Nunavut and Nunavut Tunngavik Incorporated.
• The Recommended Plan applies three main categories of land use throughout the Nunavut Settlement Area with various levels of restrictions on development:
  • Limited Use (covers 19.8% of the planning region with year round prohibitions on development);
  • Conditional Use (covers 12% of the planning region with seasonal conditions and setbacks on development); and,
  • Mixed Use (covers 65% of the planning region with no restrictions on development).

Key Messages

• The Government of Canada recognizes the importance of Land Use Plans for Nunavut and continues to support a strong and viable co-management regime across the North.
• Coordinated by Crown-Indigenous Relations and Northern Affairs Canada, the Government of Canada continues to collaborate with the Government of Nunavut and Nunavut Tunngavik Incorporated as we move towards making our respective decisions on the recommended Plan.

Current Status

• The Government of Canada is engaged in discussions with the Government of Nunavut and Nunavut Tunngavik Incorporated, with the aim of aligning on a decision whether to accept or reject the Recommended Plan.
• Work on analysis and preparation of recommendations to decision makers is nearing completion.
• Joint Crown consultations with the Government of Nunavut are ongoing with Indigenous rights-holders to fulfill the section 35 duty to consult and address their concerns with the Recommended Plan. After a number of discussions with Indigenous rights holders, CIRNAC and the Government of Nunavut developed proposed recommendations to accommodate potential impacts to rights that would be shared with the Commission, in the event the Plan is rejected and revisions to the Plan are required. In addition, proposed reasons for rejection of the Plan have been shared with Indigenous rights holders for comment. The consultation process is expected to be complete in the next few weeks.

Background

• In the 2023 Recommended Plan, the Nunavut Planning Commission made changes to the 2021 draft Plan that reflect a variety of suggestions from multiple parties (i.e., communities, Indigenous governments and organizations, the Government of Canada, the Government of Nunavut, Nunavut Tunngavik Incorporated, regional Inuit associations, environmental and non-governmental organizations and industry) provided through written submissions and oral testimony in public hearings in five communities in 2022.
• Reactions from external stakeholders to the Recommended Plan have been mixed: some key parties (e.g., the mining industry) indicate they have serious concerns and urge its rejection, and others (e.g., environmental non-governmental organizations) express that the Recommended Plan represents a solid foundation for land management in Nunavut and urge its approval.
• CIRNAC has coordinated the Government of Canada analysis of the Recommended Plan through a federal working group. CIRNAC is also conducting Crown consultation jointly with the Government of Nunavut.

Key Data Points

• Northern economic and defense opportunities: The North has significant nation-building potential – there are 31 known sources of Canada's 34 listed critical minerals, three dual-purpose roads underway or anticipated (one involves a deep-sea port), and four major energy/transmission projects underway or anticipated across the three territories.
• Nation-Building Projects: 5 major projects across the North have been referred to the Major Projects Office: the Iqaluit Nukkiksautiit Hydro Project, Arctic Economic and Security Corridor, Grays Bay Road and Port, Mackenzie Valley Highway and Taltson Hydro Expansion. A sixth project, the Yukon-B.C. Grid Connect, is linked to the North Coast Transmission Line in British Columbia, which has also been referred to the Major Projects Office.
• Funding to accelerate northern projects: Budget 2025 includes $25.5 million over four years, starting in 2025-26, to CIRNAC, and $41.7 million over four years, starting in 2025-26, to CanNor, to accelerate regulatory processes for northern major projects, including nation-building projects.
  • Funding for CIRNAC enhances work underway through the Northern Regulatory Initiative and Northern Participant Funding Program, including $17 million in investments since 2023-2024 to help put in place effective supports for regulatory system readiness and participation.

Key Messages

• Major projects will help defend, build and transform Canada's Northern and Arctic region. This is why the Prime Minister has referred key projects across the North to the Major Projects Office.
• Northern co-management regimes are based in modern treaties and are a model for participatory "one project, one review" processes.
• While Canada has proposed a suite of administrative and process reforms to accelerate federal  review processes, none of these proposed measures will alter, effect, or impose new requirements on treaty-based impact assessment and permitting co-management regimes.
• Budget 2025 investments will enable CIRNAC and CanNor to support a greater number of major projects across the territories to be approved and built within shorter timelines and with increased Indigenous and Northern participation.

Current Status

• CIRNAC and CanNor continue to work with northern partners to support a variety of actions to increase efficiencies in regulatory regimes. This includes:
  • Indigenous regulatory capacity building initiatives;
  • Support for Indigenous-led cumulative effects and baseline studies;
  • Convening Indigenous and territorial governments and co-management boards to identify and advance regulatory system improvements;
  • Enabling Indigenous and northern participation in impact assessments and land-use planning;
  • Coordinating federal involvement in, and issues management for, northern impact assessments and Crown consultation; and,
  • Enhancing Crown and Indigenous relationships and readiness for Crown consultation arising from northern impact assessments.
• Major projects in the North are at varying stages in their development, with some having already entered the regulatory process and others still in development:
  • The Iqaluit Nukkiksautiit Hydro Project is undergoing a screening by the Nunavut Impact Review Board;
  • The Arctic Economic and Security Corridor is at the proposal development stage;
  • Grays Bay Road and Port is undergoing a review by the Nunavut Impact Review Board and a screening by the Environmental Impact Screening Committee (Inuvialuit).
  • The Mackenzie Valley Highway is being advanced in two phases; the first phase is undergoing an impact assessment by the Mackenzie Valley Environmental Impact Review Board while the second is at the proposal development stage; and,
  • The Taltson Hydro Expansion Project is at the proposal development stage.
• CIRNAC is targeting outreach to key Indigenous governments who are implicated by recently referred major projects to support their readiness and has released a pan-territorial call for Indigenous led-studies to generate critical data for these projects and other priority regions across the North.
• Responsibility for ensuring the duty to consult has been met rests with the decision makers; therefore, when the Minister is making a decision (e.g., on an impact assessment or a water licence) CIRNAC must ensure the duty to consult has been met and accommodate for impacts to rights.

Background

• The North benefits from resource management regimes built on the foundation of modern treaties that shape how Indigenous, territorial, and federal governments work together to co-manage resources using "One Project, One Review" approaches.
• Early interventions that enable Indigenous communities and northerners to participate in project reviews, that secure the necessary data for project-decision making and that strengthen foundations for Crown consultation are the most effective way to create efficiencies in northern regulatory processes.
• CIRNAC and CanNor continue to work closely with the Major Projects Office to provide advice on the federal investments and attention needed to unlock the full potential of northern major projects.