FEDERAL REG

SOR/2016-247: Indian Bands Council Elections Order (Canoe Lake Cree) — Order Amending Indian Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
September 22, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the orders.) Issues The council of the Canoe Lake Cree First Nation, in Saskatchewan, governed by the Indian Act, adopted a resolution on June 10, 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 i... (Click for more)


House

1st Reading 2nd Reading 3rd Reading

Senate

1st Reading 2nd Reading 3rd Reading

Published on September 22, 2016

Bill Summary

SOR/2016-247: Indian Bands Council Elections Order (Canoe Lake Cree) — Order Amending Indian Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the orders.) Issues The council of the Canoe Lake Cree First Nation, in Saskatchewan, governed by the Indian Act, adopted a resolution on June 10, 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 December 16, 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 March 25, 1952, an order was made, under section 74 of the Indian Act, for the council of the Canoe Lake Cree First Nation (known at the time as the Canoe Lake Band) 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 10, 2016, the council of the Canoe Lake Cree 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 elections 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 Canoe Lake Creek First Nation is removed from Schedule I of the Indian Bands Council Elections Order, thereby terminating the application of the election provisions of the Indian Act for the First Nation; and added to the schedule to the First Nations Elections Act, thereby confirming the participation of the First Nation under the Act. By choosing to hold its elections under the First Nations Elections Act, the Canoe Lake Cree 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 Canoe Lake Cree 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 (Canoe Lake Cree), made pursuant to subsection 74(1) of the Indian Act, removes the application of the election provisions of the Indian Act for the Canoe Lake Cree First Nation. The Order Amending the Schedule to the First Nations Elections Act (Canoe Lake Cree), made pursuant to section 3 of the First Nations Elections Act, adds the Canoe Lake Cree First Nation as a participating First Nation under the Act and fixes the date of the first election of the council at December 16, 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 Canoe Lake Cree First Nation with its members. The council of the Canoe Lake Cree First Nation has indicated that a consultation and engagement exercise was undertaken with community members during the months of May and 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 Canoe Lake Cree First Nation is being removed from Schedule I of the Indian Bands Council Elections Order 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 Canoe Lake Cree 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 Canoe Lake Cree 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: [email protected] Footnote a R.S., c. I-5 Footnote b S.C. 2014, c. 5 Footnote c R.S., c. I-5 Footnote d R.S., c. I-5 Footnote 1 SOR/97-138

This Bill does not amend any statutes.

Sign up for alerts on this Bill

Receive emails tracking this Bill's progress.

See all your alerts in a dashboard.

Set an alert with one click and you're done!