Vol. 149, No. 13 — July 1, 2015

Registration

SOR/2015-150 June 16, 2015

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Malahat First Nation)

Whereas, by order of the Minister of Indian Affairs and Northern Development SOR/97-138 of March 4, 1997, it was declared that the council of Malahat First Nation, in British Columbia, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Whereas the band has developed its own election code and a local community electoral system for selecting a chief and councillors;

Whereas conversion to a local community electoral system would better serve the needs of the band;

And whereas the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of the band that the council of that band be selected by elections to be held in accordance with the Indian Act (see footnote b);

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act (see footnote c), makes the annexed Order Amending the Indian Bands Council Elections Order (Malahat First Nation).

Gatineau, June 13, 2015

BERNARD VALCOURT
Minister of Indian Affairs and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (MALAHAT FIRST NATION)

AMENDMENT

1. Item 48 of Part I of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

On March 4, 1997, the Malahat First Nation was brought under the application of section 74 of the Indian Act. Thereafter, the council of Malahat First Nation, in the province of British Columbia, was selected by elections to be held in accordance with the election provisions of the Indian Act.

Further to the development of its own election code and local community electoral system, the Malahat First Nation wishes to select its chief and councillors based on its own custom leadership selection process. On February 17, 2015, the council of the Malahat First Nation has requested, through a Band Council Resolution, to be removed from the election provisions of the Indian Act.

Background

Subsection 74(1) of the Indian Act provides the power to the Minister of Indian Affairs and Northern Development to order that elections be held in accordance with the Indian Act when he deems it advisable for the good governance of a band.

However, a band holding elections under the Indian Act can seek a change to its electoral system and a conversion to the use of a community election code by requesting, to the Minister of Indian Affairs and Northern Development, an amendment to the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, to revoke the application of section 74 for the band.

Objective

The Order Amending the Indian Bands Council Elections Order (Malahat First Nation), made pursuant to subsection 74(1) of the Indian Act, purports to remove the Malahat First Nation from the application of the election provisions of the Indian Act. It is of the interest to and is limited to the Malahat First Nation. The conversion to a local community electoral system will serve to build and strengthen the band’s governance autonomy and better address the needs of the community.

Description

Aboriginal Affairs and Northern Development Canada’s Conversion to Community Election System Policy allows a band holding elections under the Indian Act to request a change to its electoral system and convert to the use of a community election code.

The removal of a band from the application of the election provisions of the Indian Act is made by order of the Minister of Indian Affairs and Northern Development when Aboriginal Affairs and Northern Development Canada is satisfied that the band has developed suitable election rules (including secret ballot voting, independent appeals process and compliancy with the Canadian Charter of Rights and Freedoms), and that the rules and the removal have received support of the community members.

“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 (Malahat First Nation) is made at the request of the Malahat First Nation and its members. The community election code underwent a community ratification process, wherein a majority of the votes cast by the band’s electors were in favour of an amendment being brought to the Indian Bands Council Elections Order and all future elections being conducted in accordance with the aforementioned code.

Aboriginal Affairs and Northern Development Canada provided assistance in the development of the election code of the Malahat First Nation, which in turn fulfils Canada’s commitment to strengthen Aboriginal governance.

Rationale

On February 16, 2015, the council of the Malahat First Nation held ratification votes by secret ballot to determine whether a majority of the electorate was in favour of the band being removed from the application of the election provisions of the Indian Act and of adopting the proposed election code. Electors residing off-reserve were allowed to cast their ballot through a mail-in ballot process. The total number of eligible electors was 195. In total, 78 ballots were cast, 56 voted in favour of the election code and 21 voted against the election code and 1 ballot was rejected.

On February 17, 2015, the council of the Malahat First Nation submitted a Band Council Resolution requesting that the Minister of Indian Affairs and Northern Development issue an order revoking the application of section 74 of the Indian Act for the band.

The election code of the Malahat First Nation and the community ratification process that has taken place being compliant with Aboriginal Affairs and Northern Development Canada’s Conversion to Community Election System Policy, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the band that the chief and council be selected by elections to be held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Malahat First Nation) ensures that members of the Malahat First Nation can conduct a leadership selection process according to their own values.

There is no cost consequence associated with the removal of the Malahat First Nation from the election provisions of the Indian Act. Henceforth, the Malahat First Nation will assume full responsibility for the conduct of the entire electoral process.

Implementation, enforcement and service standards

In compliance with its election code, the conduct of elections and disputes arising therefrom are now the responsibility of the Malahat First Nation.

Contact

Marc Boivin
Acting Director
Governance Policy and Implementation
Aboriginal Affairs and Northern Development Canada
10 Wellington Street, 8th Floor
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-953-3855
Email: Marc.Boivin@aandc-aadnc.gc.ca