Vol. 150, No. 20 — October 5, 2016

Registration

SOR/2016-245 September 21, 2016

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Tobique)

Whereas, by Order in Council P.C. 1951-6016 of November 12, 1951, it was declared that the council of the Tobique Band, in New Brunswick, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Whereas the council of the Tobique First Nation adopted a resolution, dated June 13, 2016, requesting that the Minister of Indian Affairs and Northern Development add the name of the First Nation to the schedule to the First Nations Elections Act (see footnote b);

And whereas the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of that First Nation that its council be selected by elections held in accordance with the Indian Act (see footnote c);

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act (see footnote d), makes the annexed Order Amending the Indian Bands Council Elections Order (Tobique).

Gatineau, September 16, 2016

Carolyn Bennett
Minister of Indian Affairs and
Northern Development

Order Amending the Indian Bands Council Elections Order (Tobique)

Amendment

1 Item 13 of Part VII of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.

Coming into Force

2 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the orders.)

Issues

The council of the Tobique First Nation, in New Brunswick, governed by the Indian Act, adopted a resolution on June 13, 2016, requesting that the Minister of Indian Affairs and Northern Development add the name of the First Nation to the schedule to the First Nations Elections Act, and fix the date of its first election under this Act at November 28, 2016.

A First Nation that holds its elections under the Indian Act and that is seeking a change to its electoral system by opting into the First Nations Elections Act must be concurrently removed from the Indian Bands Council Elections Order, made under the Indian Act, and added to the schedule to the First Nations Elections Act.

Background

Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to make an order providing that the council of a band shall be selected by elections to be held in accordance with the Indian Act. First Nations for which such an order has been made appear on the Indian Bands Council Elections Order.

Section 3 of the First Nations Elections Act provides authority for the Minister of Indian Affairs and Northern Development to make an order to add the name of a First Nation to the schedule to the Act, after which the council of that First Nation shall be selected by elections held in accordance with the First Nations Elections Act.

On November 12, 1951, an order was made, under section 74 of the Indian Act, for the council of the Tobique First Nation to be selected by elections to be held in accordance with the Indian Act. The name of the First Nation appears on Schedule I to the Indian Bands Council Elections Order. On June 13, 2016, the council of the Tobique First Nation adopted a resolution asking the Minister of Indian Affairs and Northern Development to add the name of the First Nation to the schedule to the First Nations Elections Act so that the election of its chief and councillors can be held under that Act.

Objective

By virtue of two orders respectively made under subsection 74(1) of the Indian Act and section 3 of the First Nations Elections Act by the Minister of Indian Affairs and Northern Development, the name of the Tobique First Nation is

By choosing to hold its elections under the First Nations Elections Act, the Tobique First Nation will especially benefit from its band council having a four-year term of office, and from election rules that offer a shorter election period, a robust process for the distribution of mail-in ballots and for the nomination of candidates, and the ability to hold advance polling stations to increase voter participation and reduce dependency on mail-in ballots. The cost of elections will also be reduced primarily due to elections being held every four years instead of every two years.

The Tobique First Nation’s leaders elected under the First Nations Elections Act and the First Nations Elections Regulations will be better positioned to make solid business investments, carry out long-term planning and build relationships, leading to increased economic development and job creation for the community.

Description

The Order Amending the Indian Bands Council Elections Order (Tobique), made pursuant to subsection 74(1) of the Indian Act, removes the application of the election provisions of the Indian Act for the Tobique First Nation. The Order Amending the Schedule to the First Nations Elections Act (Tobique), made pursuant to section 3 of the First Nations Elections Act, adds the Tobique First Nation as a participating First Nation under the Act and fixes the date of the first election of the council at November 28, 2016.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these orders, as they do not result in any administrative costs or savings to business.

Small business lens

The small business lens does not apply to these orders, as they do not result in any costs for small business.

Consultation

Given that opting into the First Nations Elections Act is made at the request of a First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the Tobique First Nation with its members.

The council of the Tobique First Nation has indicated that a consultation and engagement exercise was undertaken with community members during the months of April to June 2016 to consider the adoption of the First Nations Elections Act for the election of its chief and councillors.

Rationale

The name of the Tobique First Nation is being removed from Schedule I of the Indian Bands Council Elections Order under the Indian Act and is being added to the schedule to the First Nations Elections Act at the request of the council of the First Nation, which believes that the First Nations Elections Act presents a better electoral option for the First Nation that will benefit the community.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements and no implementation or ongoing costs which can be directly associated with terminating the application of the election provisions of the Indian Act and amending the schedule to the First Nations Elections Act for the Tobique First Nation.

In compliance with the First Nations Elections Act and the First Nations Elections Regulations, the conduct of elections and disputes arising from them are the responsibility of the Tobique First Nation and the electoral officer appointed by the First Nation. However, the Act provides that an election can be contested by application to a federal or provincial court. The offences and penalties provided in the Act — which are enforced by local law enforcement and prosecuted by the Public Prosecution Service of Canada — will deter questionable election activities, such as vote buying, bribery and voter intimidation. Under the Act, the courts are able to impose fines and terms of imprisonment on persons found guilty of an offence.

Contact

Marc Boivin
Director
Governance Policy and Implementation
Indigenous and Northern Affairs Canada
10 Wellington Street, 8th Floor
Gatineau, Québec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-953-3855
Email: Marc.Boivin@aadnc-aandc.gc.ca