Order Amending the Schedule to the First Nations Elections Act (Dakota Tipi): SOR/2018-154

Canada Gazette, Part II, Volume 152, Number 14

Registration

June 29, 2018

FIRST NATIONS ELECTIONS ACT

Whereas the council of the Dakota Tipi First Nation adopted a resolution, dated March 8, 2018, 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 footnote a;

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act a, makes the annexed Order Amending the Schedule to the First Nations Elections Act (Dakota Tipi).

Gatineau, June 28, 2018

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Schedule to the First Nations Elections Act (Dakota Tipi)

Amendment

1 The schedule to the First Nations Elections Act footnote 1 is amended by adding the following in numerical order:

53 Dakota Tipi First Nation

First Election Date

2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Dakota Tipi First Nation is fixed as August 31, 2018.

Coming into Force

3 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the orders.)

Issues

The Dakota Tipi First Nation, in Manitoba, has requested, by resolution of its council, to be removed from the election regime of the Indian Act and to be 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. On August 7, 2002, it was declared by way of the Dakota Tipi Band Council Elections Order [SOR/2002-316] that the council of the Dakota Tipi band shall be selected by elections to be held in accordance with the Indian Act.

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 First Nations Elections Act, after which the council of that First Nation shall be selected by elections held in accordance with the Act.

Objectives

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:

Description

The Order Repealing the Dakota Tipi Band Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, removes the application of the election provisions of the Indian Act for the First Nation. The Order Amending the Schedule to the First Nations Elections Act (Dakota Tipi), made pursuant to section 3 of the First Nations Elections Act, adds the First Nation and fixes the date of the first election of the council under the Act at August 31, 2018.

“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 the Dakota Tipi First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members.

The council of the Dakota Tipi First Nation has indicated that a consultation and engagement exercise was undertaken with community members to consider the adoption of the First Nations Elections Act for the election of its chief and councillors.

Rationale

The Dakota Tipi Band Council Elections Order is repealed, thereby terminating the application of the election provisions of the Indian Act for the First Nation. The name of the First Nation is added to the schedule to the First Nations Elections Act at the request of the council, which believes that the First Nations Elections Act presents a better electoral option that will benefit its 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.

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 Dakota Tipi First Nation and the electoral officer appointed by the First Nation; however, the First Nations Elections Act provides that an election can be contested by application to a federal or provincial court. The offences and penalties provided in the First Nations Elections 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 First Nations Elections 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, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-953-3855
Email: marc.boivin@canada.ca