Order Amending the Indian Bands Council Elections Order (Moosomin): SOR/2021-19
Canada Gazette, Part II, Volume 155, Number 5
Registration
SOR/2021-19 February 18, 2021
INDIAN ACT
Whereas, by Order in Council P.C. 1954-929 of June 24, 1954, it was declared that the council of the Moosomin Band, in Saskatchewan, 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 December 7, 2020, requesting that the Minister of Indigenous Services 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 Indigenous Services, pursuant to subsection 74(1) of the Indian Act footnote a, makes the annexed Order Amending the Indian Bands Council Elections Order (Moosomin).
Gatineau, February 17, 2021
Marc Miller
Minister of Indigenous Services
Order Amending the Indian Bands Council Elections Order (Moosomin)
Amendment
1 Item 17 of Part III of Schedule I to the Indian Bands Council Elections Order footnote b is repealed.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 Moosomin First Nation, in Saskatchewan, wishes to select its Chief and council based on its own community leadership selection process that was developed and ratified by the community.
On December 7, 2020, the Moosomin First Nation requested, by resolution of its council, to opt out of the election regime of the Indian Act.
Background
A First Nation holding elections under the Indian Act can request, to the Minister of Indigenous Services, an amendment to the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, to revoke the application of section 74 for the First Nation.
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 of Indigenous Services Canada is satisfied that the First Nation has developed suitable election rules that afford secret ballot voting and an independent appeals process, and that comply with the Canadian Charter of Rights and Freedoms. 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. Indigenous Services 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.
Objective
The objective of this initiative is to revoke the application of the election provisions of the Indian Act for the Moosomin First Nation through the Order Amending the Indian Bands Council Elections Order (Moosomin) made pursuant to subsection 74(1) of the Indian Act by the Minister of Indigenous Services.
This initiative is limited to and of interest only to the Moosomin 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 Order Amending the Indian Bands Council Elections Order (Moosomin), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for the Moosomin First Nation, and establishes that the First Nation will conduct future council elections under its own custom code and fixes the date of the first election at May 3, 2021.
Regulatory development
Consultation
On December 5, 2020, the Moosomin 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 Moosomin First Nation Custom Election Code. A total of 305 electors cast ballots, and the number of votes in favour (223) exceeded the number of votes opposed (81).
Given that the Order Amending the Indian Bands Council Elections Order (Moosomin) is made at the request of the Moosomin First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members.
Modern treaty obligations and Indigenous engagement and consultation
There is no potential modern treaty implication as this initiative responds to the needs and interests of the Moosomin First Nation. This initiative does not require the Government of Canada to fulfil any consultations or engagement requirements described in a modern treaty.
Instrument choice
Non-regulatory options were not considered, as subsection 74(1) of the Indian Act provides the necessary authority for the Minister of Indigenous Services to revoke the application of section 74 for the Moosomin First Nation.
Regulatory analysis
The Order Amending the Indian Bands Council Elections Order (Moosomin) is carried out in response to a request from the Moosomin First Nation who wishes to hold its band council elections under its community election system.
Benefits and costs
There are no costs associated with the removal of First Nations from the election provisions of the Indian Act. Henceforth, the Moosomin First Nation will assume full responsibility for the conduct of its entire electoral process. The Government of Canada is not involved in elections held under a community election process, nor will it interpret, decide on the validity of the process, or resolve election appeals. When a dispute arises concerning a community election process, it must be resolved according to the related provisions in a community's election code, or by the courts.
Small business lens
The small business lens does not apply to this initiative, as it does not result in any costs for small business.
One-for-one rule
The one-for-one rule does not apply to this initiative, as it does not result in any administrative costs or savings to business.
Regulatory cooperation and alignment
Given that the Moosomin First Nation has requested to be removed from the application of the election provisions of the Indian Act, through a resolution of its council, this initiative is not part of a regulatory cooperation work plan.
Strategic environmental assessment
This initiative has no potential for environmental effects.
Gender-based analysis plus
This initiative has no potential for gender-based analysis plus (GBA+) impacts.
Rationale
The Order Amending the Indian Bands Council Elections Order (Moosomin) is made at the request of the council of the Moosomin First Nation. The Moosomin First Nation 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 future elections being conducted in accordance with that code.
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 Moosomin 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 (Moosomin) ensures that the elections of the Chief and council can be held under the Moosomin First Nation Custom Election Code.
Implementation, compliance and enforcement, and service standards
Compliance with the Moosomin First Nation Custom Election Code, the conduct of elections and disputes arising from the elections are now the responsibility of the Moosomin First Nation.
Contact
Yves Denoncourt
Acting Director
Governance Operations Directorate
Lands and Economic Development
Indigenous Services Canada
Email: yves.denoncourt@canada.ca