ARCHIVED — Vol. 146, No. 25 — December 5, 2012

Registration

SOR/2012-243 November 21, 2012

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Miscellaneous Program)

The Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act (see footnote a), makes the annexed Order Amending the Indian Bands Council Elections Order (Miscellaneous Program).

Gatineau, Quebec, November 19, 2012

JOHN DUNCAN
Minister of Indian Affairs and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Items 44 and 83 of Part Ⅰ of Schedule I to the Indian Bands Council Elections Order (see footnote 1) are replaced by the following:

  • 44. Kwikwasut’inuxw Haxwa’mis
  • 83. Splatsin First Nation

2. Items 10, 14 and 24 of Part Ⅲ of Schedule I to the Order are replaced by the following:

  • 10.  Ministikwan Lake Cree Nation
  • 14.  Kinistin Saulteaux Nation
  • 24.  Onion Lake Cree Nation

3. Items 39 and 43 of Part V of Schedule I to the Order are replaced by the following:

  • 39. Nigigoonsiminikaaning First Nation
  • 43.  Oneida Nation of the Thames

COMING INTO FORCE

4. 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 and objectives

The Indian Bands Council Elections Order includes a list of First Nations to which it applies. A number of the First Nations listed have changed their names. Others have entered into self-government agreements with the Government of Canada and are no longer subject to the Indian Act and legislative instruments made under it. References in legislation, regulations and orders to original band names that First Nations might have changed several times can make it difficult to determine whether such regulations or orders apply to a given group.

The objective of this annual regulatory measure is to amend the Indian Bands Council Elections Order to ensure accuracy with respect to current and new band names, as identified by First Nations and recorded by Aboriginal Affairs and Northern Development Canada and to repeal the names of First Nations who are a party to a self-government agreement with the Government of Canada and are no longer subject to the Indian Act, as stipulated by the respective agreements. These amendments are important to ensure that the lists of bands in the legislative instruments are accurate and to avoid potential confusion on whether these instruments apply to a specific First Nation. This proposal does not add First Nations to any instrument.

Similar amendments related to band names will be processed on an annual basis as needed. This year, seven names are modified and none are repealed.

Description

First Nations’ names and profiles are recorded in Aboriginal Affairs and Northern Development Canada’s Indian Registration System, a database containing the Indian register, band lists, and band names. The Indian Registration System is the official repository of band names and contains the history of names for each band. Any changes requested by First Nations, by way of a Band Council Resolution, are made by Aboriginal Affairs and Northern Development Canada’s Office of the Indian Registrar. Because this process does not address band names as they appear in legislative instruments, confusion could be created by having a same band appear under different names in various instruments.

Consultation

Given that these amendments implement requests by First Nations to have their name added, modified or repealed from legislative instruments it was not considered necessary to conduct consultations with the public. The concerned First Nations and departmental stakeholders are notified when a band name change is implemented.

“One-for-One” Rule

Amendments to band names do not result in any new administrative burden for businesses, nor do they remove any administrative burden on businesses. The “One-for-One” Rule, therefore, does not apply.

Small business lens

Amendments to band names do not impose any level of compliance costs and/or administrative costs on small businesses as they do not impose any requirements from businesses. The small business lens, therefore, does not apply.

Rationale

Aboriginal Affairs and Northern Development Canada, in conjunction with the Department of Justice Canada, undertook a review of the existing process. It was agreed that, where appropriate, legislative instruments should be amended to add and repeal band names or reflect band name changes. These changes are needed to avoid confusion as to whom a particular legislative instrument may apply. Furthermore, the official band name is required for legal transactions and it may cause confusion and potential legal risks if the new band name is not reflected in the appropriate instruments. This is especially important where First Nations have entered into self-government agreements and are no longer subject to the Indian Act and other legislative instruments.

The amendments do not affect the applicability of the Indian Bands Council Elections Order, but ensure the accuracy of the names currently appearing, as identified by First Nations, and repeal band names. They do not impact the actions of other federal departments or agencies, or other levels of government. This action is administrative in nature and primarily provides for the recognition of the preference of how a First Nation is referred to.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements associated with these amendments and no implementation or ongoing costs.

Contact

Allan Tallman
Indian Registrar
Office of the Indian Registrar
Aboriginal Affairs and Northern Development Canada
10 Wellington Street, Room 18G
Gatineau, Quebec
K1A 0H4
Telephone: 819-934-6960
Email: allan.tallman@aadnc-aandc.gc.ca

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

Footnote 1
SOR/97-138