Overview & Background

Overview

The Chiefs of Ontario (COO) are actively pursuing a reform of the 1965 Indian Welfare Agreement (IWA), which is commonly known as the "1965 Agreement". This agreement is a crucial cost-sharing arrangement between the governments of Canada and Ontario. The 1965 Agreement is strictly a cost-sharing formula for specific on-reserve services. It outlines how Canada reimburses Ontario for the costs of delivering these specific social programs on-reserve. Under the agreement, Ontario uses its own provincial laws, policies, and funding formulas to provide these programs to First Nations, and Canada then reimburses approximately 92% of the eligible costs.

It is important to note that Canada does not consider all program costs eligible, leading Ontario to claim it covers more than the remaining 8% of the total cost. The Agreement does not establish how services are designed, delivered, or funded within each program area.

Background

While the Canadian Human Rights Tribunal's (CHRT) ruling specifically addressed discrimination in child and family services on-reserve, Canada has had a mandate since March 2023 to pursue comprehensive reform of the child and family services provision of the 1965 Agreement. This mandate also includes pursuing exploratory discussions on the remaining three program areas covered by the Agreement.

Building on this commitment, the Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN), and Canada signed the Trilateral Agreement in Respect of Reforming the 1965 Agreement on February 26, 2025.

The Trilateral Agreement in Respect of Reforming the 1965 Agreement is founded upon a 2022 reform proposal developed by the Chiefs of Ontario (COO), which incorporates input and resolutions spanning decades from the Chiefs. Central to this Trilateral Agreement is the joint commitment by COO, Nishnawbe Aski Nation (NAN), and Canada to create a work plan , which was finalized on September 4, 2025, and subsequently formally approved by the COO Leadership Council. This finalized work plan serves the purpose of encouraging Ontario to pursue a mandate that would allow them to engage in preliminary reform discussions.