FEDERAL REG

SOR/2016-259: Regulations Amending the Indian Bands Council Method of Election Regulations (Stswecemc Xgattem First Nation) (Miscellaneous Program)

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
September 30, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues A First Nation governed by the Indian Act whose reserve has, for voting purposes, been divided into electoral sections under subsection 74(4) of the Indian Act, and that is seeking a change to its electoral system must be removed from the Indian Bands Council Elections Order and from Schedule III to the I... (Click for more)


Published on September 30, 2016

Bill Summary

SOR/2016-259: Regulations Amending the Indian Bands Council Method of Election Regulations (Stswecemc Xgattem First Nation) (Miscellaneous Program)

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues A First Nation governed by the Indian Act whose reserve has, for voting purposes, been divided into electoral sections under subsection 74(4) of the Indian Act, and that is seeking a change to its electoral system must be removed from the Indian Bands Council Elections Order and from Schedule III to the Indian Bands Council Method of Election Regulations. On March 29, 2016, the Stswecemc Xgattem First Nation was removed from the Indian Bands Council Elections Order, thereby terminating the application of the election provisions of the Indian Act for the First Nation. The name of the First Nation must now be removed from the Indian Bands Council Method of Election Regulations. 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, consisting of a chief and councillors, shall be selected by elections to be held in accordance with the Act. There are approximately 230 First Nations who are currently subject to such an order. When the Minister makes such an order, the name of the First Nation is added to the Indian Bands Council Elections Order. Subsection 74(4) of the Indian Act provides authority for the Governor in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, to make regulations providing for the division of a reserve for voting purposes into not more than six electoral sections containing an equal number of electors and to provide for the manner in which electoral sections so established are to be distinguished or identified. These regulations are called the Indian Bands Council Method of Election Regulations. Schedule III to these Regulations contains the names of the two First Nations whose reserve has been divided into electoral sections for voting purposes. A First Nation holding elections under the Indian Act can seek a change to its electoral system. For any such change to take effect, the name of the First Nation must be removed by order of the Minister of Indian Affairs and Northern Development from the Indian Bands Council Elections Order. If the reserve of that particular First Nation has been divided into electoral sections for voting purposes, the Indian Bands Council Method of Election Regulations must be amended to remove the name of that First Nation from Schedule III. The Stswecemc Xgattem First Nation was once composed of two distinct bands: Canoe Creek and Dog Creek. In the late nineteenth century, the two lower Fraser River bands joined together under the name Canoe Creek Band. The reserve is located in a semi-remote area on the east side of the Fraser River, approximately 85 km southwest of Williams Lake and 552 km north of Vancouver in the province of British Columbia. On October 15, 1952, an order was made, under section 74 of the Indian Act, for the council of this band to be selected by election to be held in accordance with that Act. The majority of the electors of the band decided that the reserve should, for voting purposes, be divided into two electoral sections. The name of the First Nation was then added to Schedule III of the Indian Bands Council Method of Election Regulations (bands whose chief is elected by the electors and whose councillors are elected by the electors in electoral sections). By resolution of the band council of February 7, 2005, the name of the band was changed to the Stswecemc Xgattem First Nation. On December 4, 2015, the First Nation adopted a resolution 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. On March 29, 2016, by virtue of two orders made by the Minister of Indian Affairs and Northern Development [SOR/2016-56, SOR/2016-57], the name of the First Nation was removed from the Indian Bands Council Elections Order, thereby terminating the application of the election provisions of the Indian Act for the First Nation, and was added to the schedule to the First Nations Elections Act. Objective The Regulations Amending the Indian Bands Council Method of Election Regulations (Stswecemc Xgattem First Nation) (Miscellaneous Program), made pursuant to subsection 74(4) of the Indian Act, removes the name of the Stswecemc Xgattem First Nation from Schedule III. It is consequential to the termination of the application of the election provisions of the Indian Act to the Stswecemc Xgattem First Nation, which is now a participating First Nation in the First Nations Elections Act. Description The Regulations Amending the Indian Bands Council Method of Election Regulations (Stswecemc Xgattem First Nation) (Miscellaneous Program), made pursuant to subsection 74(4) of the Indian Act, removes the name of the Stswecemc Xgattem First Nation from Schedule III. “One-for-One” Rule The “One-for-One” Rule does not apply to this amendment, 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 amendment, as it does not result in any costs for small business. Consultation Given that this amendment is consequential to the termination of the application of the election provisions of the Indian Act for the Stswecemc Xgattem First Nation, who adopted the First Nations Elections Act for the selection of their chief and councillors, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members. Rationale The amendment is technical in nature and must be made to ensure that all the statutory instruments are in order. It flows from the First Nation’s decision on December 4, 2015, to hold elections under the First Nations Elections Act instead of the Indian Act. Given that the application of the election provisions of the Indian Act has been terminated for the Stswecemc Xgattem First Nation by virtue of the Order Amending the Indian Bands Council Elections Order (Stswecemc Xgattem First Nation) [SOR/2016-56], made pursuant to subsection 74(1) of the Indian Act, and given that the First Nation’s reserve was divided into two electoral sections for voting purposes by virtue of its name appearing on Schedule III to the Indian Bands Council Method of Election Regulations, made pursuant to subsection 74(4) of the Indian Act, Schedule III to these Regulations must be amended to remove the name of the First Nation. This amendment does not affect the conduct of the First Nation’s first and subsequent elections under the First Nations Elections Act. Implementation, enforcement and services standards There are no compliance and enforcement requirements and no implementation or ongoing costs which can be directly associated with removing the name of a First Nation from the schedule to the Indian Bands Council Method of Election Regulations. 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 SOR/2016-56 Footnote d S.C. 2014, c. 5 Footnote e SOR/2016-57 Footnote f R.S., c. I-5 Footnote 1 SOR/90-46

This Bill does not amend any statutes.

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