Order Amending the Indian Bands Council Elections Order (Sts’ailes): SOR/2018-265
Canada Gazette, Part II, Volume 152, Number 25
Registration
SOR/2018-265 December 3, 2018
INDIAN ACT
Whereas, by Order in Council P.C. 1701 of March 25, 1952, it was declared that the council of the Chehalis Indian 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 November 24, 2009, it was resolved that the name of the band be changed to the Sts’ailes;
Whereas the council of that First Nation adopted a resolution, dated March 28, 2017, 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 (Sts’ailes).
Gatineau, November 29, 2018
Carolyn Bennett
Minister of Indian Affairs and Northern Development
Order Amending the Indian Bands Council Elections Order (Sts’ailes)
Amendment
1 Item 21 of Part I of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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 Sts’ailes First Nation, from British Columbia, 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 March 28, 2017, the council of the Sts’ailes 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 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 Sts’ailes 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 to the First Nation by amending the Indian Bands Council Elections Order.
On March 28, 2017, the council of the Sts’ailes 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 Sts’ailes First Nation from Schedule 1 of the Indian Bands Council Elections Order.
Objectives
The Order Amending the Indian Bands Council Elections Order (Sts’ailes), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act to the Sts’ailes First Nation. It is limited to and of interest only to the Sts’ailes 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 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 (Sts’ailes) was made at the request of the council of the Sts’ailes First Nation. The Sts’ailes Custom 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 all future elections being conducted in accordance with that code.
Rationale
A ratification vote was held on March 17, 2017, at the Sts’ailes Community Hall. The First Nation’s electors could indicate by secret ballot whether they were in favour of revoking the application of the election provisions of the Indian Act for the First Nation and of adopting the proposed community election code. The First Nation has a total of 856 electors. Of these, 364 electors cast a ballot at the ratification vote. A total of 294 votes were cast in favour of the transition to a community election system, while 49 votes were cast against. Despite a voter participation rate lower than 50%, the proportion of votes cast in favour, at almost 81%, demonstrates a strong community desire to move forward with the conversion to a community election system. Furthermore, the documentation submitted by the council of the Sts’ailes First Nation allows the Department to conclude that significant community engagement efforts took place.
On March 28, 2017, the council of the Sts’ailes First Nation submitted a 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 First Nation.
As the election code of the Sts’ailes First Nation and the community ratification process that has taken place are compliant with the departmental Conversion to Community Election System Policy, and because of 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 Sts’ailes 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 (Sts’ailes) ensures that elections of the chief and council can be held under the community’s election code.
There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Sts’ailes First Nation. Henceforth, the Sts’ailes First Nation will assume full responsibility for the conduct of its entire electoral process.
Implementation, enforcement and service standards
Compliance with its election code, the conduct of elections and disputes arising from the elections are now the responsibility of the Sts’ailes First Nation.
Contact
Yves Denoncourt
Acting Director
Governance Operations Directorate
Lands and Economic Development
Email: yves.denoncourt@canada.ca