In 1985, the Indian Act was changed to exempt First Nation by-laws from publication in the Canada Gazette. The effect of the exemption from publication under the Canada Statutory Instruments Act is to place the burden of providing notice and publication of by-laws with First Nations. The public exemption does not alter the fact that First Nation bylaws can be struck down for lack of due process in notification, passage or publication.

The First Nations Gazette was developed by the Indian Taxation Advisory Board as a response to the concern surrounding the publication requirements for enforceability of by-laws and rules under the Indian Act and to the growing need to provide public notice and transfer information regarding First Nation legislation as First Nations increasingly exercise and expand their legislative jurisdiction. In order to publish the First Nations Gazette the Indian Taxation Advisory Board entered into a partnership with the Native Law Centre.

The First Nations Gazette was officially launched on June 21, 1997 (Aboriginal Day), and has since been publishing two volumes a year, as well as occasional special editions. It has been well received in the First Nation and legal circles, and federal statutes have increasingly identified the First Nations Gazette as the official vehicle for notification. Provincial and federal governments publish their laws, regulations, and other notices through their Gazettes. The First Nations Gazette provides a similar service for First Nations.

In the evolution of the Indian Taxation Advisory Board to the First Nations Tax Commission per the First Nations Fiscal and Statistical Management Act, it is part of the FNTC mandate pursuant to s.34(2) of the First Nations Fiscal and Statistical Management Act to publish the First Nations Gazette.