Bill C-92 and Indigenous Foster Care in the Northwest Territories

You filled out the paperwork expecting one set of rules. Then someone mentioned that the child placed with you might fall under a different legal framework entirely — one that your regional social worker didn't explain and the GNWT website doesn't summarize clearly. Welcome to the jurisdictional reality of foster care in the Northwest Territories.

Approximately 99% of children in NWT care identify as Indigenous — First Nations, Inuit, or Métis. What has changed dramatically since 2020 is who governs their care. Understanding these shifts isn't optional reading for NWT foster parents. It's the foundation of doing the job safely and ethically.

What Bill C-92 Actually Changed

An Act respecting First Nations, Inuit and Métis children, youth and families — known as Bill C-92 — came into force federally in 2020. It affirms the inherent right of Indigenous peoples to exercise jurisdiction over child and family services. In practical terms, this means that Indigenous governing bodies can pass their own child welfare laws, which can operate alongside, or in some cases supersede, the NWT Child and Family Services Act.

For foster parents, this creates a situation where a child in your home might be subject to:

• The territorial Child and Family Services Act (SNWT 1997, c. 13)
• A nation-specific Indigenous law passed under the authority of Bill C-92
• Customary or traditional care arrangements recognized under the NWT Aboriginal Custom Adoption Recognition Act

The key distinction is jurisdiction. Before Bill C-92, the GNWT Department of Health and Social Services held centralized authority over all child welfare decisions. Now that authority is fractured in ways that benefit Indigenous communities — and require foster parents to navigate multiple frameworks simultaneously.

The Inuvialuit Family Way of Living Law

The most significant example of a nation-specific law enacted under Bill C-92 in the NWT is the Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat — the Inuvialuit Family Way of Living Law — which came into effect in 2021.

This law governs child welfare for Inuvialuit beneficiaries living in the Inuvialuit Settlement Region (ISR), which includes communities like Inuvik, Aklavik, Tuktoyaktuk, Paulatuk, Sachs Harbour, and Ulukhaktok. Key principles embedded in the law include:

• Right of Return: Children should be placed within their ISR community before being moved outside it
• Cultural continuity: Caregivers must actively support the child's connection to Inuvialuktun language, land-based practices, and Inuvialuit family systems
• Beneficiary status: Priority placement goes to Inuvialuit beneficiaries, meaning registered Inuvialuit family members and community members

If you are fostering an Inuvialuit child — whether you live in Inuvik or are providing a placement in Yellowknife — the Inuvialuit Regional Corporation has a formal role in case planning. This isn't bureaucratic interference; it's a legal right enshrined under a framework the NWT recognizes as having the force of law.

The Tłı̨chǫ Community Services Agency

The Tłı̨chǫ communities of Behchokǫ̀, Whatì, Gamètì, and Wekweètì operate through the Tłı̨chǫ Community Services Agency (TCSA), which functions as an integrated service delivery body for health, education, and child welfare within Tłı̨chǫ territory. Foster care placements involving Tłı̨chǫ citizens are coordinated through TCSA rather than through the regional NTHSSA offices that serve most of the NWT.

The TCSA's approach draws on the "Strong Like Two People" philosophy — a Tłı̨chǫ metaphor that integrates traditional Dene knowledge with Western administrative frameworks. In practice, this means that Plan of Care Committees for Tłı̨chǫ children draw heavily on community elders and traditional governance structures alongside the formal child welfare requirements of the territorial Act.

Foster parents caring for Tłı̨chǫ children should expect to engage with TCSA staff as primary coordinators, not HSS workers in Yellowknife.

Dene Nations and the Broader Landscape

Beyond the Inuvialuit and Tłı̨chǫ nations, other Dene governing bodies in the NWT are at various stages of developing or asserting jurisdiction over child and family services under Bill C-92. The Dehcho First Nations, Akaitcho Territory Government, and the Sahtu Secretariat Incorporated have each engaged with the federal process of establishing coordination agreements.

For foster parents in communities across the Dehcho, Sahtu, and South Slave regions, this means:

• The placement of Dene children is increasingly subject to community-level input even where a formal Indigenous law has not yet been passed
• Case workers are required to consult with Indigenous Governing Bodies before finalizing long-term care plans
• Priority for placement with extended family (kinship care) is reinforced by both territorial law and emerging Indigenous governance frameworks

What Cultural Safety Means in Practice

The NWT foster care system uses the term "cultural safety" to describe an approach that goes beyond tolerance of Indigenous culture — it requires active support for a child's cultural identity. Under Standard 10.15 of the HSS foster care standards, non-Indigenous foster parents are required to:

• Facilitate contact with the child's home community and extended family
• Support access to cultural activities, ceremonies, and language programs
• Consult with Indigenous governing bodies or cultural workers on decisions affecting the child's cultural identity

This is not optional guidance. It is a condition of your foster home license. Foster parents who prevent or discourage a child's cultural connections can face license review, regardless of their other qualifications.

The practical challenge — particularly in Yellowknife, where many placements land — is that a "southern" professional family may have little organic connection to Dene or Inuit culture. The system acknowledges this gap. What it asks is that you build those bridges deliberately: through the Foster Family Coalition of the NWT, through cultural liaisons in your regional HSS office, and through the child's family themselves where contact is possible.

If you want a structured way to work through the legal frameworks, the placement types, and the cultural obligations before your first placement arrives, the Northwest Territories Foster Care Guide breaks these down in plain language, organized by region and by governing body.

The Jurisdictional Conversation You Need to Have Early

When you receive a placement, ask your social worker directly: Which legal framework governs this child's care? Is there an active Bill C-92 coordination agreement with this child's nation? Who is the primary point of contact for the Indigenous governing body?

You may not get complete answers immediately — the system is still working through the jurisdictional transitions. But asking the question signals your commitment to getting it right, and it puts the responsibility on the system to inform you properly.

The NWT is in a genuinely historic period of transition in child welfare. Foster parents who understand the structure — who know the difference between HSS authority and Inuvialuit law, between TCSA coordination and a Yellowknife placement worker — are better positioned to advocate for the children in their care and to build the kind of trust that keeps placements stable.

That clarity starts before your first call. The Northwest Territories Foster Care Guide covers the full legislative landscape alongside the practical steps of becoming approved, so you walk into the home study already fluent in the framework.

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