Elsipogtog First Nation Remission Order: SI/2022-30

Canada Gazette, Part II, Volume 156, Number 12

Registration
SI/2022-30 June 8, 2022

FINANCIAL ADMINISTRATION ACT

Elsipogtog First Nation Remission Order

P.C. 2022-522 May 19, 2022

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board and the Minister of Indigenous Services, under subsection 23(2.1)^{footnote a} of the Financial Administration Act^{footnote b}, remits to the Elsipogtog First Nation the amount of $2,039,081, and any interest paid or payable on it, representing the amount owing to Her Majesty in right of Canada, on condition that that First Nation discontinues, no later than 20 days after the day on which this Order is published in the Canada Gazette, Part II, its application for judicial review pending before the Federal Court of Canada in File No. T-1937-21.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Governor in Council is granting remission under subsection 23(2.1) of the Financial Administration Act to Elsipogtog First Nation for its outstanding debt in the amount of $2,039,081 stemming from ineligible expenses incurred by Elsipogtog Child and Family Services (now called Oetjgoapeniag Elnoei Family Services) for on-reserve housing. This debt remission is being granted on the basis that doing so is in the public interest to facilitate reconciliation (in particular in the domain of First Nations child and family services) and to avoid putting undue financial hardship on the First Nation.

Objective

This Order removes the existing debt from the Crown’s accounts and allows Elsipogtog First Nation to clear the debt from its accounts.

Background

Housing is an important factor to ensure the wellbeing of children, preserve family unity and build strong and healthy communities. The Government of Canada is committed to supporting First Nations through funding and programs in achieving housing standards on-reserve comparable to those of other Canadians.

In February 2018, as part of litigation arising out of a complaint from the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations, the Canadian Human Rights Tribunal issued 2018 CHRT 4. The decision ordered Canada to pay to delegated First Nations child and family services agencies under the First Nations Child and Family Services Program the actual costs of prevention services and other items. Canada paid those costs in accordance with the terms and conditions of the First Nations Child and Family Services Program.

In 2019, Elsipogtog Child and Family Services used First Nations Child and Family Services Program funds to carry out repairs and renovations to on-reserve houses. It submitted a claim to Indigenous Services Canada for the funds spent to complete the repairs and renovations. Indigenous Services Canada advised Elsipogtog Child and Family Services and the First Nation that the claim was denied because the expenditures were not eligible under the terms and conditions of the First Nations Child and Family Services Program.

Implications

The remission of this debt will provide a final resolution to Elsipogtog First Nation’s debt and allow the First Nation to continue to move forward in building a strong, healthy, and resilient community.

Contact

For more information, please contact

Marc Boivin
Director
Litigation Operations, Policy and Strategic Partnerships
Child and Family Services Reform Sector
Indigenous Services Canada
10 Wellington Street, 7th floor
Gatineau, Quebec
K1A 0H4
Email: marc.boivin@sac-isc.gc.ca