Order Amending the Indian Bands Council Elections Order (Saik’uz): SOR/2018-211
Canada Gazette, Part II, Volume 152, Number 22
Registration
October 18, 2018
INDIAN ACT
Whereas, by Order in Council P.C. 1701 of March 25, 1952, it was declared that the council of the Stony Creek Band, in British Columbia, shall be selected by elections to be held in accordance with the Indian Act footnote a;
Whereas, by band council resolution dated April 2, 1998, the name of the band was changed to Saik’uz First Nation;
Whereas the council of the First Nation adopted a resolution, dated March 5, 2018, requesting that the Minister of Indian Affairs and Northern Development terminate the application of the Indian Bands Council Elections Order footnote b 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 Act footnote a;
Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act footnote a, makes the annexed Order Amending the Indian Bands Council Elections Order (Saik’uz).
Gatineau, October 16, 2018
Carolyn Bennett
Minister of Indian Affairs and Northern Development
Order Amending the Indian Bands Council Elections Order (Saik’uz)
Amendment
1 Item 86 of Part I of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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
The Saik’uz First Nation, in British Columbia, signalled its decision, by way of a band council resolution, to select its Chief and council based on its own community leadership selection process that was developed and ratified by the community. To give effect to the council’s decision, 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.
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 the Chief and council 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, it was declared by order in council that the council of the Stony Creek Band (now the Saik’uz First Nation) shall be selected by elections to be held in accordance with the Indian Act. The First Nation has selected its Chief and council 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.
A First Nation holding elections under the Indian Act can request a change to its election system and a conversion to a community election system. On March 5, 2018, the council of the Saik’uz First Nation submitted a resolution confirming the adoption of a community election code by the First Nation for the selection of its Chief and council. Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to remove the name of the Saik’uz First Nation from Schedule 1 of the Indian Bands Council Elections Order.
Objectives
The Order Amending the Indian Bands Council Elections Order (Saik’uz), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the Saik’uz First Nation. It is limited to and of interest only to the Saik’uz 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
The departmental Conversion to Community Election System Policy sets out 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 (Saik’uz) was made at the request of the council of the Saik’uz First Nation. The Saik’uz First Nation Election Code underwent a community ratification process.
Rationale
On December 7, 2017, and March 1, 2018, the Saik’uz First Nation held ratification votes to determine whether its members were in favour of the First Nation being removed from the election provisions of the Indian Act and of adopting the Saik’uz First Nation Election Code. A total of 175 electors cast a ballot at these votes. The number of votes in favour exceeded the number of votes opposed by one (82 to 81). Twelve cast ballots were rejected during the count. The Chief and council deliberated over whether to move forward given the closeness of the vote. In the end, the five council members voted unanimously to move forward with the conversion to a community election system. A community meeting took place on April 9, 2018, to discuss this decision.
As the election code of the Saik’uz First Nation and the community ratification process that has taken place are compliant with the departmental Conversion to Community Election System Policy, and given the specific request by resolution of the First Nation’s council, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the Saik’uz First Nation that its Chief and council be selected by elections held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Saik’uz) ensures that elections of the Chief and council can be held under the Saik’uz First Nation Election Code.
There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Saik’uz First Nation. Henceforth, the Saik’uz First Nation will assume full responsibility for the conduct of its entire electoral process.
Implementation, enforcement and service standards
Compliance with the community’s election code, the conduct of elections and disputes arising from the elections are now the responsibility of the Saik’uz First Nation.
Contact
Melanie Le Ber
Policy Analyst, Governance Policy and Implementation
Indigenous and Northern Affairs Canada
10 Wellington Street, 8th Floor
Gatineau, Quebec
K1A 0H4
Telephone: 819-742-4482
Fax: 819-953-3855
Email: melanie.leber@canada.ca