Vol. 151, No. 14 — July 12, 2017

Registration

SOR/2017-153 June 23, 2017

FIRST NATIONS ELECTIONS ACT

Order Amending the Schedule to the First Nations Elections Act (Pheasant Rump)

Whereas the council of the Pheasant Rump Nakota First Nation adopted a resolution, dated April 19, 2017, 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 a);

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act (see footnote b), makes the annexed Order Amending the Schedule to the First Nations Elections Act (Pheasant Rump).

Gatineau, June 22, 2017

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Schedule to the First Nations Elections Act (Pheasant Rump)

Amendment

1 The schedule to the First Nations Elections Act (see footnote 1) is amended by adding the following in numerical order:

First Election Date

2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pheasant Rump Nakota First Nation is fixed as September 15, 2017.

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

On April 19, 2017, the Pheasant Rump Nakota First Nation leadership, in Saskatchewan, has requested by way of a resolution to opt in to the First Nations Elections Act. To date, the First Nation was electing its chief and councillors based on its own community leadership selection process.

Background

A First Nation that selects its chief and councillors by following its own leadership selection process under a community or custom election code can change its electoral system and request, by adopting a band council resolution, to opt in the First Nations Elections Act. 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.

By choosing to hold its elections under the First Nations Elections Act, the custom election rules and procedures of the Pheasant Rump Nakota First Nation, insofar as they are not compatible with the First Nations Elections Act, become null and void. Should at a later time, the First Nation wishes to return to holding elections under its own custom election rules and procedures, a community election code would need to be developed and that code would need to be approved by a majority of the votes cast in a secret vote in which a majority of the electors of the First Nation participated, as per section 42 of the First Nations Elections Act.

Objectives

The Order Amending the Schedule to the First Nations Elections Act (Pheasant Rump), made pursuant to section 3 of the First Nations Elections Act, adds the First Nation to the schedule to the First Nations Elections Act, thereby confirming that the First Nation’s elections are held under that Act. The Order also fixes the date of the first election of the council under the Act at September 15, 2017.

Description

The addition of the Pheasant Rump Nakota First Nation to the schedule to the First Nations Elections Act has been made by order of the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act.

After having held community discussions and consultations, the council of the Pheasant Rump Nakota First Nation signalled its decision to opt into the First Nations Elections Act by adopting a band council resolution asking the Minister of Indian Affairs and Northern Development to add the name of the First Nation to the schedule to that Act.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this Order, as it does not result in any administrative costs or savings to business.

Small business lens

The small business lens does not apply to this Order, as it does 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 Pheasant Rump Nakota First Nation with its members.

The council undertook its consultation and engagement with the community members (on and off-reserve) over the months of January, February and March 2017 to consider the adoption of the First Nations Elections Act for the selection of the First Nation’s chief and councillors.

The council met with community members at the Kisbey Recreation Centre, in Kisbey, Saskatchewan, where a move to the First Nation Elections Act was presented and discussed. Copies of the Act and related regulations were made available to members at the meeting. In addition, notices of Council’s consideration of a move to the First Nations Elections Act were posted in the band office and around the community. Member responses were favourable, in particular, members living away from the community signalled an appreciation for being able to cast a vote by mail-in ballot, which is lacking in the community election regime.

On February 16, 2017, a meeting was held with officials of Indigenous and Northern Affairs Canada, who delivered a presentation and provided additional materials on the First Nations Elections Act. Many members felt that the community’s election code was antiquated and did not meet the democratic needs of the community. Members also felt that the First Nations Elections Act offered a better electoral system, particularly the provisions requiring the electoral officer to be certified, restricting candidacy to one of either the chief or a councillor position at any one election, allowing for a candidate fee, and permitting voting by mail-in ballot and at advance polls. Members also saw the offences and penalties provided under the Act and the defined appeal process as beneficial.

Rationale

The Pheasant Rump Nakota First Nation no longer wishes to hold elections under its community election code and is being added to the schedule of 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 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 amending the schedule to the First Nations Elections Act.

In compliance with the First Nations Elections Act, the conduct of elections and disputes arising from them are the responsibility of the Pheasant Rump Nakota First Nation and the electoral officer appointed by the First Nation; 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