FEDERAL REG

SOR/2016-235: Indian Bands Council Elections Order (Tsuutina) — Order Amending Indian Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
August 17, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues On August 6, 1952, the Sarcee Band was brought under the application of section 74 of the Indian Act. Thereafter, the council of the Sarcee Band, in the Province of Alberta, was selected by elections to be held in accordance with the election provisions of the Indian Act. Further to the development of its own e... (Click for more)


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Published on August 17, 2016

Bill Summary

SOR/2016-235: Indian Bands Council Elections Order (Tsuutina) — Order Amending Indian Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues On August 6, 1952, the Sarcee Band was brought under the application of section 74 of the Indian Act. Thereafter, the council of the Sarcee Band, in the Province of Alberta, was selected by elections to be held in accordance with the election provisions of the Indian Act. Further to the development of its own election code and local community electoral system, the band (now known as Tsuutina Nation) wishes to select its chief and councillors based on its own custom leadership selection process. On March 21, 2016, the council of the Tsuutina Nation requested, through a band council resolution, to have the application of the election provisions of the Indian Act to that First Nation terminated. Background Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to order that elections be held in accordance with the Indian Act when deemed advisable for the good governance of a band. However, a First Nation holding elections under the Indian Act can seek a change to its electoral system and a conversion to the use of a community election code by requesting that the Minister of Indian Affairs and Northern Development terminate the application of section 74 to the First Nation by amending the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act. Objective The Order Amending the Indian Bands Council Elections Order (Tsuutina), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the Tsuutina Nation. It is limited to and of interest only to the Tsuutina Nation. The conversion to a local community electoral system will serve to build and strengthen the band’s governance autonomy and better address the needs of the community. Description Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy allows a band holding elections under the Indian Act to request a change to its electoral system and convert to the use of a community election code. The termination of the application of the election provisions of the Indian Act to a band 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 band has developed suitable election rules (including secret ballot voting, an independent appeals process and compliance with the Canadian Charter of Rights and Freedoms) and that the rules and the termination 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 (Tsuutina) was made at the request of the members of the Tsuutina Nation. The community election code 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 that code. Indigenous and Northern Affairs Canada provided assistance in the development of the election code of the Tsuutina Nation, thereby fulfilling Canada’s commitment to strengthen Indigenous governance. Rationale On March 11, 2016, the council of the Tsuutina Nation held ratification votes by secret ballot to determine whether a majority of the electorate was in favour of terminating the application of the election provisions of the Indian Act to the First Nation and was also in favour of adopting the proposed election code. Electors residing off-reserve were allowed to cast their ballot through a mail-in ballot process. The total number of eligible electors was 1 161. In total, 761 ballots were cast, of which 443 voted in favour of the election code and 318 voted against it. No ballot was rejected. On March 21, 2016, the council of the Tsuutina Nation submitted a band council 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 code of the Tsuutina Nation and the community ratification process that has taken place is compliant with Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the band that its chief and council be selected by elections to be held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Tsuutina) ensures that members of the Tsuutina Nation can conduct a leadership selection process according to their own values. There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Tsuutina Nation. Henceforth, the Tsuutina Nation will assume full responsibility for the conduct of its entire electoral process. Implementation, enforcement and service standards Compliance with the election code and the conduct of elections and disputes arising from the elections are now the responsibility of the Tsuutina 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: [email protected] Footnote a R.S., c. I-5 Footnote b SOR/97-138 Footnote c R.S., c. I-5 Footnote d R.S., c. I-5 Footnote 1 SOR/97-138

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