Order Amending the Schedule to the Anishinabek Nation Governance Agreement Act (Whitefish River First Nation): SOR/2025-239

Canada Gazette, Part II, Volume 159, Number 26

Registration
SOR/2025-239 November 28, 2025

ANISHINABEK NATION GOVERNANCE AGREEMENT ACT

P.C. 2025-837 November 28, 2025

Whereas, under subsection 14(1) of the Anishinabek Nation Governance Agreement Act footnote a, the Governor in Council is satisfied that the First Nation listed in the annexed Order has, in a manner consistent with the Anishinabek Nation Governance Agreement, ratified the Agreement and has a constitution;

Therefore Her Excellency the Governor General in Council, on the recommendation of the Minister of Crown-Indigenous Relations, makes the annexed Order Amending the Schedule to the Anishinabek Nation Governance Agreement Act (Whitefish River First Nation) under subsection 14(1) of the Anishinabek Nation Governance Agreement Act footnote a.

Order Amending the Schedule to the Anishinabek Nation Governance Agreement Act (Whitefish River First Nation)

Amendment

1 The schedule to the Anishinabek Nation Governance Agreement Act footnote a is amended by adding the following in alphabetical order:

Whitefish River First Nation
Première Nation Whitefish River

Coming into Force

2 This Order comes into force on April 1, 2026.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Whitefish River First Nation has requested to be added as a party to the Anishinabek Nation Governance Agreement. Whitefish River First Nation has met the conditions required to be added as a party.

The schedule to the Anishinabek Nation Governance Agreement Act needs to be updated to reflect the addition of Whitefish River First Nation to the Anishinabek Nation Governance Agreement to ensure consistency between the Agreement and the legislation.

Background

The Anishinabek Nation Governance Agreement

The Anishinabek Nation is comprised of 39 First Nation communities in Ontario.

The Anishinabek Nation Governance Agreement (the Governance Agreement) provides signatory First Nations with self-government and law-making powers. It came into effect on October 1, 2022, as the result of over 20 years of negotiations between the Anishinabek Nation (representing the 39 Anishinabek First Nations) and the Government of Canada. It establishes and empowers an Anishinabek Nation government (B’Maakonigan) to represent signatory First Nations, while preserving the distinct institutions and structures of the individual First Nation governments who are signatories to the Governance Agreement.

Anishinabek Nation First Nations who are parties to the Governance Agreement become accountable to their citizenship on matters of governance and law-making and can make their own decisions in a culturally relevant manner. In contrast, First Nations who are not in self-government agreements must adhere to the governance constraints of the Indian Act. For example, for parties to the Governance Agreement, provisions of the Indian Act that set out the framework for band membership and council elections no longer apply to these First Nations, their citizens and reserve. Parties to the Governance Agreement benefit from a new government-to-government relationship, practical mechanisms for intergovernmental cooperation and continue ongoing management of that relationship alongside capacity development while reducing the application of the Indian Act. As well, the Governance Agreement further enables investments in stable, democratic Indigenous governance structures that are transparent and accountable to their citizens.

Additionally, signatories to the Governance Agreement can make their own decisions about how their elections will be held, who their citizens are and how their governments will operate, as well as how best to protect and promote Anishinaabe language and culture. Once in effect, the parts of the Indian Act that deal with governance no longer apply to the signatory First Nations.

Anishinabek Nation Governance Agreement Act

On June 23, 2022, the Anishinabek Nation Governance Agreement Act received royal assent. Only section 6 of the Act came into force on that date, with the remainder of the Act taking effect on October 1, 2022, in alignment with the effective date of the Governance Agreement. Section 6 allowed the first five signatory Anishinabek First Nations and the Anishinabek Nation to make laws to prepare for full implementation of the Governance Agreement and the Act.

The Act gave effect to the Governance Agreement, recognizing the Anishinabek Nation Government (B’Maakonigan) as a self-governing entity. Five of the 39 Anishinabek First Nations were signatories to the Governance Agreement and have been parties to the Governance Agreement since the effective date. These First Nations are listed in Schedule A of the Governance Agreement and in the schedule of the Act.

The Governance Agreement provides that additional First Nations who did not become parties to the Governance Agreement on the effective date (October 1, 2022) may join as parties to the Governance Agreement at a later date, pursuant to ratification and amendment processes set out in the Governance Agreement.

Community-based approval process

At the request of B’Maakonigan and the First Nations, the Governance Agreement was amended on December 1, 2023, to allow First Nations seeking to be added as a party to the Governance Agreement to follow their own community-based approval processes. This amendment included the addition of Schedule C – Protocol for the Addition of a First Nation as a Party to the Agreement, which outlines how Anishinabek First Nations who have not yet joined the Governance Agreement have the authority to use their own community-based approval processes for ratification.

Addition of new joiners

Aundeck Omni Kaning First Nation and Sheshegwaning First Nation

Having successfully completed their respective community-based approval processes, B’Maakonigan provided its recommendation that both Aundeck Omni Kaning First Nation and Sheshegwaning First Nation be added as parties to the Governance Agreement. In accordance with the Agreement, the Anishinabek Nation (represented by the Grand Council Ogiimah), B’Maakonigan, and the Government of Canada provided their consent by signing the amendment to the Governance Agreement. On December 16, 2024, the Governor in Council amended the Governance Agreement to include both First Nations to the schedule of the Agreement and added the names of the First Nations to the schedule of the Act, with an effective date of April 1, 2025.

As outlined in the Governance Agreement, amendments to the Agreement require the written consent of the Anishinabek Nation (represented by the Grand Council Ogiimah), B’Maakonigan, and the Government of Canada. The Anishinabek Nation, B’Maakonigan and the Government of Canada provided their consent by signing the amendment to the Governance Agreement and on December 16, 2024, the Governor in Council signed the Order in Council to amend the Governance Agreement to include both First Nations with an effective date of April 1, 2025.

Whitefish River First Nation

Whitefish River First Nation successfully completed its community-based approval process and provided its consent by signing a First Nation Declaration of Approval Process form on June 9, 2025. On July 28, 2025, B’Maakonigan provided its recommendation to the Anishinabek Nation Implementation and Operations Committee that Whitefish River First Nation be added as a party to the Governance Agreement. This committee, established pursuant to the Governance Agreement, consists of representatives from the Anishinabek Nation (representing participating First Nations), B’Maakonigan and Canada and maintains responsibility for overseeing implementation of the Governance Agreement and the Anishinabek Nation Fiscal Agreement.

The Anishinabek Nation and B’Maakonigan provided their consent by signing the amendment to the Governance Agreement. The Government of Canada has also signed the amendment to the Governance Agreement. Canada’s consent to amend the Agreement is provided through the Order in Council approving the amendments to the Governance Agreement.

Objective

The objectives of the Order Amending the Schedule to the Anishinabek Nation Governance Agreement Act (Whitefish River First Nation) [the Order] are

Description

The Order amends the schedule of the Anishinabek Nation Governance Agreement Act to include Whitefish River First Nation.

Regulatory development

Consultation

Consultations took place with

Consultations between the Anishinabek Nation, B’Maakonigan, and representatives from Whitefish River First Nation have been ongoing since the effective date of the Governance Agreement. These consultations focused on the process for amending the Governance Agreement to include the First Nation.

Feedback on the community approval process that was submitted by Whitefish River First Nation was comprehensive and no further feedback was required from B’Maakonigan to ensure that the community-based approval process was respected and followed. The Implementation and Operations Committee agreed that the principles outlined in Schedule C to the Governance Agreement were respected and followed and were supportive of Whitefish River First Nation being added to the Governance Agreement.

The Grand Council Ogiimah of the Anishinabek Nation and B’Maakonigan expressed their support by signing the amended Governance Agreement.

This is “opt-in” legislation, in that amendments to add First Nations to the Governance Agreement and to add them to the schedule of the Act are done at the request of interested First Nations.

Given consultations with impacted partners have been carried out, this Order was not prepublished in the Canada Gazette, Part I.

Indigenous engagement, consultation and modern treaty obligations

There are no modern treaties in the geographic area of the Anishinabek Nation Governance Agreement. However, there is one education sectoral self-government agreement (the Anishinabek Nation Education Agreement) that operates within the same landscape.

Potential impacts on the Education Agreement resulting from amending the Act were considered, as the Governance Agreement and Education Agreement are interconnected within the same geographic area and/or First Nations.

Amending the Governance Agreement to add the additional First Nation as a party is a decision that was made at the request of Whitefish River First Nation and B’Maakonigan (the Anishinabek Nation Government). Consultations with impacted First Nations were led by First Nations partners pursuant to the Community Approval Protocol outlined in the Governance Agreement. Upon receiving confirmation of support from the First Nations communities and from B’Maakonigan, a decision was made by the parties to proceed with amending the Governance Agreement to add the additional First Nation. The Order to amend the Act will ensure consistency with the amendment being made to the Governance Agreement, and the recommendations of First Nations partners are reflected in this Order.

Following consultation and consent from the involved First Nations, it was determined that there are no modern treaty or self-government implications resulting from this Order.

Section 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act requires the Government of Canada to take, in consultation and cooperation with Indigenous peoples, all measures necessary to ensure that existing and new laws of Canada, including regulations, are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Engagement with implicated Indigenous groups in the development of the initiative was undertaken. For a description of these activities, see the “Consultation” section.

Instrument choice

The Anishinabek Nation Governance Agreement Act provides that, to schedule signatory First Nations to the Act, an Order made by the Governor in Council is needed. For this reason, no other instruments were considered.

Regulatory analysis

Benefits and costs

There are no costs associated with amending the schedule to the Anishinabek Nation Governance Agreement Act in order to add the name of a First Nation.

Either after First Nations are added to Schedule A of the Governance Agreement or simultaneously, they are added to the schedule of the Anishinabek Nation Governance Agreement Act. This ensures the Act is consistent with Schedule A of the Governance Agreement. However, should there be a discrepancy between the Act and the Agreement, the Agreement prevails.

While the amendment to the Governance Agreement is all that is required to add First Nations as parties to the Agreement for practical purposes, it is necessary to amend both the Governance Agreement and the Act for consistency between the two.

Small business lens

The small business lens does not apply, as there are no associated costs for small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no change in administrative costs or burden to businesses.

Regulatory cooperation and alignment

Chapter 11 of the Governance Agreement outlines the relationship of laws between the Agreement and federal laws, including Canada’s international legal obligations.

The laws of each First Nation and the Anishinabek Nation enacted under the Governance Agreement operate concurrently with federal and provincial laws and do not extend to matters not specifically addressed in the Agreement, including criminal law or criminal procedure, labour relations and working conditions, intellectual property, aeronautics, navigation and shipping, or the official languages of Canada.

If Canada were to consider agreeing to an international treaty that could affect the rights granted through the Governance Agreement, Canada will consult with the signatories to the Anishinabek Nation Governance Agreement.

International obligations

This Order does not impact international agreements.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a strategic environmental and economic assessment is not required. The Order results solely in the aforementioned First Nation being added to the schedule of the Act.

Gender-based analysis plus

Colonization and the introduction of the Indian Act stripped First Nations women of important decision-making roles and influence within their communities.

In 2018, prior to the finalization of the Governance Agreement, it was estimated that, on a national level, only 30% of Indigenous band governance elected councillors or legislative members were women and that only 20% of elected chiefs were women. In the case of the Anishinabek Nation, approximately 48% of elected councillors were women and 30% of the elected chiefs were women. While there was a higher representation of Anishinaabe women in positions where they hold decision-making influence within their communities, the representation of Anishinaabe women in political leadership positions had not yet reached gender parity.

It is anticipated that with the move toward self-government and nation rebuilding, including the First Nation that is the subject of this Order and has joined the Governance Agreement, First Nation communities will work toward reclaiming their culture, language and governance practices, thereby restoring women’s’ empowerment to resume their rightful roles of leadership and influence within their communities.

Implementation, compliance and enforcement, and service standards

The Order comes into force on April 1, 2026, the same day on which the amendment to the Governance Agreement adding the name of Whitefish River First Nation comes into force through an Order in Council.

The Implementation and Operations Committee created pursuant to the Governance Agreement will maintain responsibility for overseeing implementation of the Governance Agreement as laid out in the Governance Agreement, for example, monitoring and assessing the implementation of the Governance Agreement, identifying and attempting to resolve issues, holding regular meetings, establishing procedures, preparing annual updates and more.

Contact

Elizabeth Pigeon
Director
Modern Treaty Management East Directorate
Crown-Indigenous Relations and Northern Affairs Canada
219 Laurier Avenue West
Ottawa, Ontario
K1A 0H4
Email: elizabeth.pigeon@rcaanc-cirnac.gc.ca