Vol. 146, No. 14 — July 4, 2012

Registration

SOR/2012-130 June 20, 2012

INDIAN ACT

Order Amending the Qalipu Mi’kmaq First Nation Band Order

P.C. 2012-813 June 19, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph (c) of the definition “band” in subsection 2(1) of the Indian Act (see footnote a) and subsection 73(3) of that Act, makes the annexed Order Amending the Qalipu Mi’kmaq First Nation Band Order.

ORDER AMENDING THE QALIPU MI’KMAQ FIRST NATION BAND ORDER

AMENDMENT

1. The schedule to the Qalipu Mi’kmaq First Nation Band Order (see footnote 1) is amended by adding the following in alphabetical order:

The amendment to the schedule to the Qalipu Mi’kmaq First Nation Band Order is no longer available online. If you need access to this amendment, please contact the Justice Access to Information and Privacy Office.

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.)

Background

The Mi’kmaq people in Newfoundland were not recognized under the Indian Act (the Act) as a result of the historic non-application of that statute to the province since its entry into Confederation in 1949. In 1984, one Newfoundland Mi’kmaq group was recognized as a band under the Act. In 2002, all Innu in the Labrador portion of the province were recognized formally under the Act. The Qalipu Mi’kmaq First Nation Band Order, which was adopted on September 22, 2011, declares all remaining Mi’kmaq from Newfoundland to constitute a band within the meaning of the Act and finalizes the process of normalizing relations between Canada and the First Nation people in the province.

Issue

The Order Amending the Qalipu Mi’kmaq First Nation Band Order serves to implement an agreed-upon accelerated strategy that provides for the addition of individuals to the Schedule to the Qalipu Mi’kmaq First Nation Band Order every four months after the creation of the Band until all pre-November 2009 applications are determined. This is the last amendment under the accelerated strategy.

Objective

The objective of this Order is to amend the Schedule of the Qalipu Mi’kmaq First Nation Band Order to add additional founding members identified in accordance with the Agreement for the Recognition of the Qalipu Mi’kmaq Band (the Agreement). As a result, these additional founding members will also be entitled to register as Indians and gain access to federal programs available to registered Indians.

Description

The Agreement provides for a two-stage enrolment process, with an original application deadline of November 30, 2009, and a second application deadline in the fall of 2012. The original plan was for all successful applicants who applied prior to the first cut-off date to be founding members of the band that was created on September 22, 2011. A second Order in Council was to be done in 2013 to add successful applicants who applied in the second stage of the enrolment process.

However, because the number of applications was significantly higher than expected, a large number of applications received during the first stage could not be determined by the Enrolment Committee within the prescribed time period. As a result, the Government of Canada and the Federation of Newfoundland Indians agreed that the applicants who applied before the end of the first stage, on November 30, 2009, and who were found to meet the eligibility criteria of the Agreement, should not have to wait until the end of the second stage to become members of the new band and be eligible to register as Indians under the Act. The agreed-upon strategy was that the Schedule would be amended every four months following the original Order to ensure that eligible individuals who applied during the first stage could gain access to federal programs and services as soon as possible. A final Order in Council is still planned in early 2013 to add successful applicants from the second phase of the enrolment process.

Consultation

The creation of the Qalipu Mi’kmaq First Nation results from an out-of-court agreement with the Federation of Newfoundland Indians. Additional information regarding consultation is included in the Regulatory Impact Analysis Statement that accompanies the Qalipu Mi’kmaq First Nation Band Order, available at http:// gazette.gc.ca/rp-pr/p2/2011/2011-10-12-s1/html/sup1-eng.html.

Rationale

The creation of the band will extend admissibility to existing programs, but will not create new programs. The costs and benefits of creating the entire band, and providing access to programs for all eligible members identified in both phases of registration, were assessed in the Regulatory Impact Analysis Statement that accompanies the Qalipu Mi’kmaq First Nation Band Order. Initial estimates indicate that program costs could be as high as $15 million for Aboriginal Affairs and Northern Development Canada and $36.3 million for Health Canada in the first year. This will be an ongoing cost to government. The present value of these costs for a five-year period, calculated using an 8% discount rate, is approximately $71.5 million for Aboriginal Affairs and Northern Development Canada and $175.7 million for Health Canada.

The benefits generated by access to programs are expected to outweigh these costs. Members of the band will be accessing the same programs and services that are already available to other registered Indians in Canada. More information on costs and benefits can be found in the Regulatory Impact Analysis Statement that accompanies the Qalipu Mi’kmaq First Nation Band Order, available at http://gazette.gc.ca/rp-pr/p2/2011/2011-10-12-s1/ html/sup1-eng.html.

Implementation, enforcement and service standards

Individuals are entitled to registration from the time their names are included on the Schedule to the Qalipu Mi’kmaq First Nation Band Order. Access to programs and services will be the same as for other registered Indians in Canada. Additional information regarding implementation is included in the Regulatory Impact Analysis Statement that accompanies the Qalipu Mi’kmaq First Nation Band Order, available at http://gazette.gc.ca/rp-pr/ p2/2011/2011-10-12-s1/html/sup1-eng.html.

Contact

Roy Gray
Director
Indian Moneys, Estates and Treaty Annuities
Individual Affairs Branch
Resolutions and Individual Affairs Sector
Aboriginal Affairs and Northern Development Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H4
Telephone: 819-953-5450
Fax: 819-994-0142
Email: roy.gray@aadnc-aandc.gc.ca

Footnote a
R.S., c. I-5

Footnote 1
SOR/2011-180