Order Amending the Indian Bands Council Elections Order (Whitefish River): SOR/2018-215
Canada Gazette, Part II, Volume 152, Number 22
Registration
October 19, 2018
INDIAN ACT
Whereas, by Order in Council P.C. 6016 of November 12, 1951, it was declared that the council of the Whitefish River Band, in Ontario, shall be selected by elections to be held in accordance with the Indian Act footnote a;
Whereas the council of that First Nation adopted a resolution, dated September 29, 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 (Whitefish River).
Gatineau, October 17, 2018
Carolyn Bennett
Minister of Indian Affairs and Northern Development
Order Amending the Indian Bands Council Elections Order (Whitefish River)
Amendment
1 Item 65 of Part V of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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 Whitefish River First Nation, in Ontario, wishes to select its Chief and council based on its own community leadership selection process that was developed and ratified by the community. 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 revoking the application of the election provisions of the Indian Act for the First Nation. On September 29, 2018, the council of the Whitefish River First Nation asked, by resolution, 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 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 November 12, 1951, it was declared by order in council that the council of the Whitefish River 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 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 revoke the application of the electoral provisions of the Indian Act for the First Nation by amending the Indian Bands Council Elections Order.
On September 29, 2018, the council of the Whitefish River 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 Whitefish River First Nation from Schedule I of the Indian Bands Council Elections Order.
Objectives
The Order Amending the Indian Bands Council Elections Order (Whitefish River), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for the Whitefish River First Nation. It is limited to and of interest only to the Whitefish River 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 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 (Whitefish River) was made at the request of the council of the Whitefish River First Nation. The Whitefish River First Nation Election Code underwent a community ratification process, wherein a majority of the votes cast by the First Nation’s electors were in favour of the amendment being proposed to the Indian Bands Council Elections Order and were also in favour of future elections being conducted in accordance with that code.
Rationale
Presentations on the Whitefish River First Nation Election Code survey results took place on July 5, 2018, in Sudbury, and on July 7, 2018, in Toronto. Community engagement sessions were held on August 20, 2018, on the reserve, on August 21, 2018, in Toronto, and on August 24, 2018, in Sudbury. The election code was included in the First Nation’s August 2018 newsletter with information about the vote and the timeline for the creation and implementation of the code.
On September 29, 2018, the Whitefish River First Nation held a ratification vote 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 Whitefish River First Nation Election Code. A total of 198 electors cast a ballot at these votes. The number of votes in favour exceeded the number of votes opposed by 18 (108 to 90).
As the election code of the Whitefish River 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 Whitefish River 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 (Whitefish River) ensures that elections of Chief and council can be held under the Whitefish River 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 Whitefish River First Nation. Henceforth, the Whitefish River 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 Whitefish River First Nation.
Contact
Melanie Le Ber
Policy Analyst
Governance Operations Directorate
Lands and Economic Development
Email: melanie.leber@canada.ca