Proposed amendments to support enforcement of First Nations bylaws

Release

Department of Justice and Public Safety

May 27, 2026

FREDERICTON (GNB) – The provincial government has introduced legislation aimed at improving enforcement and prosecution under First Nations bylaws.

The proposed amendments to the Provincial Offences Procedure Act and its General Regulation would provide clarity that provincial procedures can be applied to First Nations bylaws, should First Nations wish for them to apply.

“First Nations communities have been clear that there must be an efficient and practical way to implement their laws,” said Justice Minister and Attorney General Robert McKee. “Our government wishes to address a long-standing issue of First Nations bylaws not being enforced and prosecuted, and we are pleased to support their efforts by lending them our existing legal framework.” 

These bylaws are developed by First Nations communities to address local priorities, such as public safety, land use, environmental protection and community well-being.

The amendments proposed by the government would allow First Nations bylaws to be enforced using the system that applies to provincial offences. Police officers and designated First Nations enforcement officers would be able to issue tickets or appearance notices for violations. Individuals could choose to pay the fine or contest the matter in court.

Fines collected for bylaw offences would be returned to First Nations communities, supporting their ability to govern and address local priorities.

The legislation would also provide flexibility. More serious bylaw infractions could still proceed through the courts by way of formal charges, ensuring that enforcement tools are proportionate to the situation.

“This legislation reflects our commitment to rebuilding a government-to-government relationship, while affirming our respect for Indigenous self-governance,” said McKee.

The proposed changes were developed in collaboration with First Nations partners, including the Wolastoqey Nation, Mi'gmawe'l Tplu'taqnn Inc., and Elsipogtog First Nation, as well as law enforcement agencies and other stakeholders.

“These amendments are an important step forward in recognizing First Nations’ authority to pass their own laws,” said Sitansisk (Saint Mary’s) First Nation Chief Allan Polchies. “We look forward to continued collaboration with the province and police services, to make sure our laws are respected and implemented.”

If passed, the amendments would take effect upon proclamation, allowing time for training and implementation.

“Our communities would pass bylaws to deter illegal activities, and we would be told they couldn't be enforced by police agencies,” said Natoaganeg (Eel Ground) First Nation Chief George Ginnish, who is also co-chair of Mi'gmawe'l Tplu'taqnn Inc. “This legislation is a big step toward making our communities safe for our residents.”

27-05-26

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Laws and safety