Indigenous Services Act 2019
Understanding the Indigenous Services Act 2019
Canada passed the Department of Indigenous Services Act 2019 (Services Act), legislation that includes the transfer of departmental responsibilities to First Nations and Indigenous organizations, without any free, prior and informed consent. It was also done without providing any adequate funding or addressing the current ~$340 billion infrastructure gap. This legislation shifts the burden of service delivery without honouring the Crown’s Treaty obligations to sustain these services.
Engaging with First Nations
The Chief Steering Committee (CSC) recognizes that this legislation will have generational impacts and needs further communication and engagement with First Nations leaders and those doing the work.
They began sharing information directly with First Nations (Alberta region) in 2022 and hosted information sessions regarding the Services Act in early 2023, specifically on the infrastructure programs and services. The main objective for the sessions were to inform about the Services Act, as well as provide a space to discuss what those proposed changes could mean to delivery of services, as well as infrastructure and operations to First Nations.
Potential Risks and Impacts to First Nations
Lack of Capacity
Many Nations don’t have the resources for this transfer of services (finances, people, training, technology, infrastructure), leading to systemic challenges.
No Recognition of Treaty and Inherent Rights
The Act does not align with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) – failing to recognize First Nations’ inherent rights to self-determination.
Funding and Financial Commitment Gaps
There is an estimated ~$340 billion infrastructure gap across all First Nations in Canada – which has not been addressed and no clear figures from Canada of funding going forward with this legislation.
Lack of True Control
The Act positions Indigenous Services Canada (ISC) as the federal overseer, with no clear exit path of ISC’s administration and overall control.
No Free, Prior, and Informed Consent (FPIC)
This Act was put into law without Indigenous consultation and was buried in an ~800-page budget implementation (Bill C-97).
The Services Act Timelines
Source: ISC website