Order Amending the Indian Bands Council Elections Order (Fort Alexander): SOR/2018-104
Canada Gazette, Part II, Volume 152, Number 12
Registration
May 25, 2018
INDIAN ACT
Whereas, by Order in Council P.C. 1701 of March 25, 1952, it was declared that the council of the Fort Alexander Band (also known as Sagkeeng), in Manitoba, shall be selected by elections to be held in accordance with the Indian Actfootnotea;
Whereas the council of that First Nation adopted a resolution, dated February 28, 2018, requesting that the Minister of Indian Affairs and Northern Development terminate the application of the Indian Bands Council Elections Orderfootnoteb to that council;
Whereas the council of that First Nation has provided to that Minister a proposed community election code that sets out rules regarding the election of the chief and councillors of that First Nation;
And whereas that Minister no longer deems it advisable for the good government of that First Nation that its council be selected by elections held in accordance with the Indian Actfootnotea;
Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Actfootnotea, makes the annexed Order Amending the Indian Bands Council Elections Order (Fort Alexander).
Gatineau, May 24, 2018
Carolyn Bennett
Minister of Indian Affairs and Northern Development
Order Amending the Indian Bands Council Elections Order (Fort Alexander)
Amendment
1 Item 11 of Part IV of Schedule I to the Indian Bands Council Elections Orderfootnote1 is repealed.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
The Fort Alexander First Nation, also known as Sagkeeng, in Manitoba, wishes to select its chief and councillors based on its own community election law. 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 Fort Alexander First Nation 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 March 25, 1952, the Fort Alexander First Nation 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 Act to the First Nation by amending the Indian Bands Council Elections Order.
Objectives
The Order Amending the Indian Bands Council Elections Order (Fort Alexander), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the Fort Alexander First Nation. It is limited to and of interest only to the Fort Alexander First Nation. 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 the Department 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 Freedom. 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 (Fort Alexander) was made at the request of the council of the Fort Alexander First Nation. The Sagkeeng Election Law was developed with community participation through the First Nation’s Lawmaker Assembly in accordance with the First Nation’s Process Law, a community law that sets out the process that must be followed for the development and adoption of all community-based laws.
Rationale
In accordance with the First Nation’s Process Law, on January 14, 2018, following a third Lawmakers Assembly Session on the proposed election law, the secret ballot ratification vote set out in the Process Law ensued. Sixty-two percent of the votes cast were in favour of adopting the election law (110 votes were cast in favour, and 69 votes were cast against).
On February 28, 2018, the council of the Fort Alexander First Nation adopted a resolution requesting that the Minister of Indian Affairs and Northern Development issue an order to terminate the application of section 74 of the Indian Act to the First Nation.
The election law of the Fort Alexander First Nation and the community approval process that has taken place are compliant with Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy. Specific to the approval process, subsection 3 of the policy states that a proposed election system will be considered approved by the community if the community approves it in such other manner as the First Nation and the Department may agree upon. The Department fully supports the use of the approval process outlined in the Fort Alexander First Nation’s Process Law in ensuring community support for the election law and the removal from the Indian Act election system. Furthermore, the specific request was made by resolution of the First Nation’s council. For these reasons, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the Fort Alexander 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 (Fort Alexander) ensures that elections of chief and councillors can be held under the Sagkeeng Onakonigawin Election Law.
There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Fort Alexander First Nation. Henceforth, the Fort Alexander First Nation will assume full responsibility for the conduct of its entire electoral process.
Implementation, enforcement and service standards
Compliance with the Sagkeeng Onakonigawin Election Law, the conduct of elections and disputes arising from the elections are now the responsibility of the Fort Alexander First Nation.
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