FEDERAL REG

SOR/2016-28: Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) — Order Amending the Order Amending First Nations Elections Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
February 25, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues On January 11, 2016, the council of the Pabineau First Nation adopted a resolution requesting that the Minister of Indian Affairs and Northern Development amend the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] to fix the dat... (Click for more)


Published on February 25, 2016

Bill Summary

SOR/2016-28: Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) — Order Amending the Order Amending First Nations Elections Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues On January 11, 2016, the council of the Pabineau First Nation adopted a resolution requesting that the Minister of Indian Affairs and Northern Development amend the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] to fix the date of the first election for the First Nation as April 13, 2016. Background On October 22, 2015, the council of the Pabineau 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 and that the date of its first election under that Act be fixed as March 24, 2016. On January 7, 2016, the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2], made pursuant to section 3 of the Act, added the Pabineau First Nation to the Schedule to the Act and fixed the date of the first election as March 24, 2016. Under subsection 3(3) of the First Nations Elections Act, the chief and councillors of a First Nation in respect of which an order is made hold office until the day of the first election and cease to hold office on that day. Accordingly, the term of office of the current council of the Pabineau First Nation would have ended on March 24, 2016. When the effect of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] on the current term of office ending April 13, 2016, became known, the council of the Pabineau First Nation adopted a resolution asking the Minister of Indian Affairs and Northern Development to modify the date of the first election to April 13, 2016. Objectives The objective of the Order Amending the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) is to fix the date of the first election for the Pabineau First Nation under the First Nations Elections Act as April 13, 2016. Description Once added to the Schedule to the First Nations Elections Act, a First Nation can seek a change to the date of its first election under the Act. This is made by order of the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act, when the council of the First Nation signals its decision by adopting a band council resolution asking the Minister of Indian Affairs and Northern Development to amend the date of its first election under the First Nations Elections Act. The council of the Pabineau First Nation requested, via a band council resolution dated January 11, 2016, that the Minister of Indian Affairs and Northern Development amend the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] to fix the date of the first election as April 13, 2016. An amendment to paragraph 2(c) of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) is made to fix the date of the first election for the council of the Pabineau First Nation as April 13, 2016. “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 made at the request of the council of the Pabineau First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with their members. Rationale The two-year term of office of the council of the Pabineau First Nation would have ended on April 13, 2016, were it not for the fact that an election under the First Nations Elections Act was to take place on March 24, 2016. Under subsection 3(3) of the First Nations Elections Act, the chief and councillors of a First Nation in respect of which an order is made hold office until the day of the first election and cease to hold office on that day. Thus, the term of office of the current council of the Pabineau First Nation would have ended on March 24, 2016. When the effect of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] on the current term of office ending April 13, 2016, became known, the council of the Pabineau First Nation adopted a resolution asking the Minister of Indian Affairs and Northern Development to modify the date of the first election to April 13, 2016. Implementation, enforcement and service standards There are no compliance and enforcement requirements associated with this amendment fixing the date of the first election of the council of the Pabineau First Nation as April 13, 2016. Contact Marc Boivin Acting 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 S.C. 2014, c. 5 Footnote 1 SOR/2016-2

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!