Part IIOrderPublished: June 8, 2022
Elsipogtog First Nation Debt Remission
Elsipogtog First Nation Remission Order: SI/2022-30
The Governor in Council used the Financial Administration Act to remit $2,039,081 (and any interest) owed by Elsipogtog First Nation, conditional on the First Nation discontinuing its Federal Court judicial review. The Order was published June 8, 2022 and requires the First Nation to stop the court action within 20 days of that publication.
- Published
- June 8, 2022
- Department
- Unavailable
- Section
- Elsipogtog First Nation Remission Order
- Comment deadline
- June 28, 2022
- Effective date
- Unavailable
- Publication part
- Part II
Summary
Summary#
The federal government used the Financial Administration Act to cancel $2,039,081 in debt owed by Elsipogtog First Nation. The cancellation is tied to a condition: the First Nation must drop a Federal Court judicial review application within 20 days after the order’s publication (published June 8, 2022).
What it does#
- Remits (cancels) $2,039,081, plus any interest, that Elsipogtog First Nation owed to the Crown.
- Requires the First Nation to discontinue its judicial review application in Federal Court (File No. T-1937-21) no later than 20 days after the order was published (June 8, 2022).
- Removes the debt from the government’s accounts and lets the First Nation clear the debt from its own accounts.
- Explains the debt came from repairs and renovations to on‑reserve houses paid for in 2019 by Elsipogtog Child and Family Services (now Oetjgoapeniag Elnoei Family Services) using funds from the First Nations Child and Family Services Program, a use that Indigenous Services Canada later said was ineligible.
- Notes government context: a Canadian Human Rights Tribunal decision in 2018 required Canada to cover certain costs to delegated First Nations child and family services agencies; the remission is presented as a step toward reconciliation in that area.
Who's affected#
- Primarily Elsipogtog First Nation and its child and family services agency, Oetjgoapeniag Elnoei Family Services (formerly Elsipogtog Child and Family Services).
- Indigenous Services Canada and federal financial accounts are directly involved because the debt is removed from Crown records.
- Other First Nations or agencies with similar funding disputes may watch this decision, but the order applies specifically to Elsipogtog; it is unclear whether it creates a legal precedent for others.
Why it matters#
- Cancelling the debt frees up the First Nation’s finances, which can reduce immediate financial pressure and allow more local resources to go to community needs like housing and child welfare.
- The order ends a piece of litigation tied to those funding decisions, if the First Nation meets the condition to discontinue the court case.
- The government frames the move as supporting reconciliation in First Nations child and family services. The practical effect is local — removing a debt that the community would otherwise have had to manage.
Key topics
Financial Administration ActElsipogtog First NationElsipogtog Child and Family ServicesOetjgoapeniag Elnoei Family ServicesFirst Nations Child and Family Services ProgramIndigenous Services CanadaFederal Court of CanadaCanadian Human Rights Tribunaldebt remissionon-reserve housingFirst Nations child and family servicesreconciliation
Source: Canada Gazette