Vol. 151, No. 21 — October 18, 2017

Registration

SOR/2017-221 October 6, 2017

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Naicatchewenin)

Whereas, by Order in Council P.C. 1969-969 of May 13, 1969, it was declared that the council of the Naicatchewenin Band, in Ontario, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Whereas the council of that First Nation adopted a resolution, dated August 10, 2017, requesting that the Minister of Indian Affairs and Northern Development terminate the application of the Indian Bands Council Elections Order (see footnote b) to that council;

Whereas the council of that First Nation has provided to that Minister a proposed community election code that sets out rules regarding the election of the chief and councillors of that First Nation;

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 (Naicatchewenin).

Gatineau, October 5, 2017

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Indian Bands Council Elections Order (Naicatchewenin)

Amendment

1 Item 38 of Part V of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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 Order.)

Issues

The Naicatchewenin First Nation, in Ontario, wishes to select its chief and councillors by its own community leadership selection process that was developed and ratified by the community. To do so, the Minister of Indian Affairs and Northern Development must, by order, amend the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, thereby terminating the application of the election provisions of the Indian Act to the First Nation. The council of the Naicatchewenin First Nation has, by resolution, asked that the Minister of Indian Affairs and Northern Development make such an order.

Background

Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to order that the election of the chief and councillors of a First Nation be held in accordance with the Indian Act when he deems it advisable for the good government of that First Nation.

On May 13, 1969, the Naicatchewenin First Nation was brought under the application of the election provisions of the Indian Act and has selected its chief and councillors under this election system ever since. The name of the First Nation appears on Schedule I of the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act.

However, a First Nation holding elections under the Indian Act can seek a change to its election system and a conversion to a community election system by requesting that the Minister of Indian Affairs and Northern Development terminate the application of the electoral provisions of the Indian Act to the First Nation by amending the Indian Bands Council Elections Order.

Objectives

The Order Amending the Indian Bands Council Elections Order (Naicatchewenin), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the Naicatchewenin First Nation. It is limited to and of interest only to the Naicatchewenin First Nation. The conversion to a local community election system will serve to build and strengthen the First Nation’s governance autonomy and better address the needs of the community.

Description

Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy sets the steps and the conditions under which a First Nation holding elections under the Indian Act can adopt a community election system.

The termination of the application of the election provisions of the Indian Act to a First Nation is effected by means of an order of the Minister of Indian Affairs and Northern Development when Indigenous and Northern Affairs Canada is satisfied that the First Nation has developed suitable election rules that afford secret ballot voting, an independent appeals process and that comply with the Canadian Charter of Rights and Freedom. Furthermore, the community’s election rules and the desire to convert to using them must have received the support of the members of the community.

“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

The Order Amending the Indian Bands Council Elections Order (Naicatchewenin) was made at the request of the council of the Naicatchewenin First Nation. The community election laws underwent a community ratification process, wherein a majority of the votes cast by the First Nation’s electors were in favour of the amendment being proposed to the Indian Bands Council Elections Order and were also in favour of all future elections being conducted in accordance with those laws.

Rationale

The Naicatchewenin First Nation held a ratification vote to determine whether its members were in favour of the First Nation being removed from the election provisions of the Indian Act and of adopting the Naicatchewenin First Nation Community Election Laws. Polling stations were established on July 18, July 29 and August 9, 2017. Based upon the ratification officer’s certified report submitted by the First Nation, 226 electors were eligible to vote, of which 95 cast a ballot, for a voter participation rate of 42%.

Of the total ballots cast in the ratification vote, 67% were cast in favour of the community election laws (64 votes were cast in favour, and 29 votes were cast against).

On August 10, 2017, the council of the Naicatchewenin First Nation submitted a resolution requesting that the Minister of Indian Affairs and Northern Development issue an order terminating the application of section 74 of the Indian Act to the First Nation.

As the election laws of the Naicatchewenin First Nation and the community ratification process that has taken place are compliant with Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy, and because of the specific request by resolution of the First Nation’s council, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of the First Nation that its chief and councillors be selected by elections held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Naicatchewenin) ensures that elections of chief and councillors can be held under the community’s election laws.

There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Naicatchewenin First Nation. Henceforth, the Naicatchewenin First Nation will assume full responsibility for the conduct of its entire electoral process.

Implementation, enforcement and service standards

Compliance with the community’s election laws, the conduct of elections and disputes arising from the elections are now the responsibility of the Naicatchewenin First Nation.

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@aandc-aadnc.gc.ca