Order Amending the Indian Bands Council Elections Order (Tsideldel): SOR/2019-303
Canada Gazette, Part II, Volume 153, Number 18
Registration
SOR/2019-303 August 16, 2019
INDIAN ACT
Whereas, by Order in Council P.C. 4283 of October 15, 1952, it was declared that the council of the Alexis Creek 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 October 31, 2018, it was resolved that the name of the band be changed to the Tsideldel First Nation;
Whereas the council of that First Nation adopted a resolution, dated November 26, 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 the Minister of Indigenous Services 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 Indigenous Services, pursuant to subsection 74(1) of the Indian Act footnote a, makes the annexed Order Amending the Indian Bands Council Elections Order (Tsideldel).
Gatineau, August 14, 2019
Seamus O’Regan
Minister of Indigenous Services
Order Amending the Indian Bands Council Elections Order (Tsideldel)
Amendment
1 Item 3 of Part I of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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 Tŝideldel First Nation (Alexis Creek Indian Band), in British Columbia, wishes to select its Chief and council based on its own leadership selection process that was developed and ratified by the members. To do so, the Minister of Indigenous Services 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 November 26, 2018, the council of the Tŝideldel First Nation has, by resolution, asked that such an order be made.
Background
Subsection 74(1) of the Indian Act provided authority for the Minister of Indian Affairs and Northern Development to declare 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 October 15, 1952, it was declared by Order that the council of the Alexis Creek Indian Band 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 Indigenous Services revoke the application of the electoral provisions of the Indian Act for the First Nation by amending the Indian Bands Council Elections Order.
On October 31, 2018, the council of the Alexis Creek Indian Band submitted a resolution requesting that its name be now legally known as Tŝideldel First Nation. On November 26, 2018, the council submitted a resolution confirming the adoption of the Alexis Creek First Nation Election Code by the Tŝideldel First Nation for the selection of its Chief and council. Subsection 74(1) of the Indian Act provides authority for the Minister of Indigenous Services to remove the name of the First Nation from Schedule I of the Indian Bands Council Elections Order.
Objectives
The Order Amending the Indian Bands Council Elections Order (Tsideldel), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for the Tŝideldel First Nation. It is limited to and of interest only to the Tŝideldel 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 footnote 2 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 Indigenous Services 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 (Tsideldel) was made at the request of the council of the Tŝideldel First Nation.
The council of the Tŝideldel First Nation has indicated that consultation and engagement exercises were undertaken with members on and off reserve since late 2016 to discuss and approve the different components of the Alexis Creek First Nation Election Code. This engagement included band general meetings (November 3, 2016; March 8, 2017; and June 4, 2018) followed by additional community information sessions (November 7 and 8, 2018).
On November 22, 2018, the First Nation held a ratification vote at the Redstone Culture Centre to determine whether members were in favour of being removed from the election provisions of the Indian Act and in favour of adopting the Alexis Creek First Nation Election Code. A total of 158 electors cast a ballot as part of the ratification vote. The number of votes in favour exceeded the number of votes opposed by 127 votes (142 for, 15 against). One ballot was rejected.
Rationale
The Alexis Creek First Nation Election Code underwent a community ratification process, wherein a majority of the votes cast by the 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.
As the Alexis Creek First Nation Election Code 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 Indigenous Services no longer deems it advisable for the good governance of the Tŝideldel First Nation that the Chief and council be selected by elections held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Tsideldel) ensures that the elections of the Chief and council can be held under the Alexis Creek 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 community of the Tŝideldel First Nation. Henceforth, the 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 Tŝideldel First Nation.
Contact
Yves Denoncourt
Acting Director
Governance Operations Directorate
Lands and Economic Development
Indigenous Services Canada
Email: yves.denoncourt@canada.ca