FEDERAL REG

SOR/2016-288: Indian Bands Council Elections Order (O’Chiese) — Order Amending Indian Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
November 18, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues The O’Chiese band, in Alberta, wishes to select its chief and councillors based on 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, ma... (Click for more)


House

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Senate

1st Reading 2nd Reading 3rd Reading

Published on November 18, 2016

Bill Summary

SOR/2016-288: Indian Bands Council Elections Order (O’Chiese) — Order Amending Indian Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues The O’Chiese band, in Alberta, wishes to select its chief and councillors based on 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 O’Chiese band 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 chief and councillors of a First Nation be held in accordance with the Indian Act when he deems it advisable for the good governance of that First Nation. On September 27, 1978, the O’Chiese band 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. Objective The Order Amending the Indian Bands Council Elections Order (O’Chiese), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the O’Chiese band. It is limited to and of interest only to the O’Chiese band. 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 Freedoms. 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 (O’Chiese) was made at the request of the council of the O’Chiese band. The community election act and related regulations 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 act. Rationale A ratification vote was held on September 27, 2016, in Edmonton, and on September 28 and 29, 2016, on the reserve of the O’Chiese band. The First Nation’s electors could indicate by secret ballot whether they were in favour of terminating the application of the election provisions of the Indian Act to the First Nation and of adopting the proposed community election act. The First Nation has a total of 732 electors. Of these, 309 electors cast a ballot at the ratification vote. A total of 170 votes were cast in favour of the transition to a community election system, while 139 votes were cast against. On October 3, 2016, the council of the O’Chiese band 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 act and related regulations of the O’Chiese band 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 governance 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 (O’Chiese) ensures that elections of chief and councillors can be held under the community’s election act. There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the O’Chiese band. Henceforth, the O’Chiese band will assume full responsibility for the conduct of its entire electoral process. Implementation, enforcement and service standards Compliance with its election act and related regulations, the conduct of elections and disputes arising from the elections are now the responsibility of the O’Chiese band. 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

This Bill does not amend any statutes.

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