Vol. 151, No. 12 — June 14, 2017

Registration

SOR/2017-96 May 24, 2017

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Moose Deer Point)

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

Whereas that council adopted a resolution, dated July 8, 2016, requesting that the Minister of Indian Affairs and Northern Development add the name of that First Nation to the schedule to the First Nations Elections Act (see footnote b);

And whereas that Minister 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 (Moose Deer Point).

Gatineau, May 19, 2017

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Indian Bands Council Elections Order (Moose Deer Point)

Amendment

1 Item 37 of Part V of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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

First Nations that hold their elections under the Indian Act and which are seeking a change to their electoral system by opting in 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.

Two First Nations that appear on the Indian Bands Council Elections Order have requested, by resolution of their respective council, to be removed from the election regime of the Indian Act and to be added to the schedule to the First Nations Elections Act. These First Nations are the Moose Deer Point First Nation in Ontario and the Black River First Nation in Manitoba.

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 First Nations Elections Act, after which the council of that First Nation shall be selected by elections held in accordance with the Act.

Objective

By virtue of 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 aforementioned First Nations are

Description

Two orders amending the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, remove the application of the election provisions of the Indian Act for the aforementioned First Nations. Two orders amending the schedule to the First Nations Elections Act, made pursuant to section 3 of that Act, add the aforementioned First Nations under the First Nations Elections Act and fix the date of the first election of their respective council.

“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 a First Nation with its members.

The council of each of the aforementioned First Nations has indicated that a consultation and engagement exercise was undertaken with community members to consider the adoption of the First Nations Elections Act for the election of its chief and councillors.

Rationale

The aforementioned First Nations are being removed from the Indian Bands Council Elections Order pursuant to the Indian Act and are being added to the schedule to the First Nations Elections Act at the request of the council of each First Nation, which believes that the First Nations Elections Act presents a better electoral option that will benefit its 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.

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 aforementioned First Nations and the electoral officers appointed by the First Nations; however, the First Nations Elections Act provides that an election can be contested by application to a federal or provincial court. The offences and penalties provided in the First Nations Elections 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 First Nations Elections 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, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-953-3855
Email: Marc.Boivin@aadnc-aandc.gc.ca