Order Amending the Qalipu Mi’kmaq First Nation Band Order: SOR/2023-124
Canada Gazette, Part II, Volume 157, Number 13
Registration
SOR/2023-124 June 9, 2023
QALIPU MI’KMAQ FIRST NATION ACT
P.C. 2023-554 June 9, 2023
Her Excellency the Governor General in Council, on the recommendation of the Minister of Indigenous Services, makes the annexed Order Amending the Qalipu Mi’kmaq First Nation Band Order under section 3 of the Qalipu Mi’kmaq First Nation Act footnote a.
Order Amending the Qalipu Mi’kmaq First Nation Band Order
Amendment
1 The schedule to the Qalipu Mi’kmaq First Nation Band Order footnote 1 is replaced by the schedule set out in the schedule to this Order.
Coming into Force
2 This Order comes into force on the day on which it is registered.
SCHEDULE
(Section 1)
SCHEDULE
(Section 2)
The Qalipu Mi’kmaq First Nation is the body of Indians consisting of the persons identified on the list of founding members provided by the Enrolment Committee to the Government of Canada and to the Federation of Newfoundland Indians on February 14, 2023.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
The Qalipu Mi’kmaq First Nation Founding Members list needs to be updated to include eight eligible individuals who are entitled to be registered as Status Indians under the Indian Act. The individuals are being added following the reassessment process based on disability and Administrative Reviews (including on the basis of residency).
Background
In 2006, the Federation of Newfoundland Indians and Canada (the Parties) reached an Agreement in Principle for the creation of a band with no reserve lands for the Mi’kmaq of Newfoundland. It established a two-stage enrolment process for the creation of the band and the enrolment of its Founding Members. Applications for founding membership were assessed by an Enrolment Committee consisting of representatives from the Parties and an independent Chair selected by mutual agreement of both Parties.
The Qalipu Mi’kmaq First Nation Band Order (SOR/2011-180) [known as the Recognition Order] created the Qalipu Mi’kmaq First Nation and presented a Founding Members list, which was scheduled to the Order. The list included 23 877 individuals who were subsequently registered as Status Indians under the Indian Act.
When the second stage of enrolment concluded, over 104 000 applications had been received in total across both the initial and second stages of the enrolment process. Given the large number of applicants for founding membership, as well as issues that emerged in the implementation with regard to the requirements and the types of evidence that could be provided in the application process, the Parties entered into a Supplemental Agreement. All applicants, including the initial Founding Members, were then reassessed based on clarified eligibility enrolment criteria and clarified evidentiary requirements to support the application, as noted in the Supplemental Agreement.
As a result of this reassessment, an Order (SOR/2018-139) made pursuant to the Qalipu Mi’kmaq First Nation Act repealed the schedule that contained the Founding Members list from the 2011 Recognition Order (SOR/2011-180) and incorporated by reference a Founding Members list comprised of 18 575 individuals, provided by the Enrolment Committee to the Parties. Since then, there have been two updates to the Founding Members list (May 1, 2021, and December 7, 2022), which have added a total of 415 new individuals. The addition of these eight individuals will bring the total number of Founding Members to 18 998.
Objective
To recognize eight eligible Qalipu Mi’kmaq First Nation Founding Members who are entitled to be registered as Status Indians under the Indian Act.
Description
The Order Amending the Qalipu Mi’kmaq First Nation Band Order amends the Recognition Order (SOR/2011-180) by replacing the schedule set out in the schedule to the Recognition Order, indicating that Founding Members of the Qalipu Mi’kmaq First Nation are the individuals on the list of Founding Members provided by the Enrolment Committee to the Parties on February 14, 2023.
Regulatory development
Consultation
The amendment to the Recognition Order implements the results of a reassessment of applications for founding membership in the Qalipu Mi’kmaq First Nation undertaken by the Enrolment Committee. The reassessment process determined that eight individuals are now deemed Founding Members of the Qalipu Mi’kmaq First Nation and are therefore eligible for Indian status. The individuals added to the Founding Members list are the key stakeholders of this initiative. They have proven that they meet the specific criteria for founding membership detailed in the Agreement for the Recognition of the Qalipu Mi’kmaq Band (qalipu.ca). On June 13, 2022, they were notified through a decision letter that they met the criteria for founding membership. No additional consultations are required.
Modern treaty obligations and Indigenous engagement and consultation
The Qalipu Mi’kmaq First Nation is a landless Band on the island of Newfoundland. There are no modern treaties, land claims or self-government agreements in the area.
The Government of Canada, through various means such as the Implementation Committee (comprised of representatives of both Parties) as well through direct communications with applicants, has been consulting with those impacted by amendments to the Recognition Order. There have been no concerns heard by the Band or the membership about the addition of these founding members.
Instrument choice
A regulatory Order is the only mechanism that is available to update the Qalipu Mi’kmaq First Nation Founding Members list as per section 3 of the Qalipu Mi’kmaq First Nation Act (S.C. 2014, c. 18).
Regulatory analysis
Benefits and costs
The amendments to the Recognition Order allow individuals who were successful in their reassessment to be legally identified as Founding Members of the Qalipu Mi’kmaq First Nation.
Costs associated with the amendments relate to the increased cost of programs and services for Founding Members and their descendants, such as Non-Insured Health benefits, as well as the Post-Secondary Student Support Program. Since the Qalipu Mi’kmaq First Nation is a landless Band, funding for community-based programs is not accessible.
Small business lens
The small business lens does not apply, as there are no associated costs on small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no change in administrative burden on businesses.
Regulatory cooperation and alignment
The amendments to the Recognition Order support the implementation of a bilateral agreement between the Parties.
Strategic environmental assessment
The Qalipu Mi’kmaq First Nation is a landless Band. The amendments to the Recognition Order update the Founding Members list. Therefore, there are no environmental impacts.
Gender-based analysis plus (GBA+)
The Qalipu enrolment process did not target any gender group. The enrolment criteria were negotiated by the Parties to grant recognition to the Mi’kmaq people of Newfoundland. While the parties agreed that recognition should be granted to those who live in one of the 67 recognized Mi’kmaq communities, individuals who lived outside had the opportunity to prove their connection to the group.
A systemic issue in the application of the point system for individuals who had a disability that precluded them from travel was rectified through a reassessment of individuals who requested reconsideration under the disability initiative.
Implementation, compliance and enforcement, and service standards
The amendment to the Recognition Order came into force on the date on which the Order Amending the Qalipu Mi’kmaq First Nation Band Order was registered. As such, the Indian Registrar, who has the sole authority to amend the Indian Register, can now update the Register.
A final notification will be sent to the eight new Founding Members informing them of the finalization of the process. Based on their new status, they will be eligible for associated federal programs, benefits and rights.
Contact
Department of Indigenous Services
Telephone: 1‑800‑561‑2266
TTY: 1‑800‑465‑7735
Email: aadnc.qalipu-orderincouncil.aandc@canada.ca