Order Amending the Indian Bands Council Elections Order (Enoch Cree Nation): SOR/2019-142

Canada Gazette, Part II, Volume 153, Number 11

Registration

SOR/2019-142 May 15, 2019

INDIAN ACT

Whereas, by Order in Council P.C. 1953-781 of May 18, 1953, it was declared that the council of the Enoch Band, in Alberta, shall be selected by elections to be held in accordance with the Indian Act footnote a;

Whereas, by band council resolution, dated February 6, 1995, it was resolved that the name of the band be changed to the Enoch Cree Nation;

Whereas the council of that First Nation adopted a resolution, dated December 11, 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 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 Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act footnote a, makes the annexed Order Amending the Indian Bands Council Elections Order (Enoch Cree Nation).

Gatineau, May 10, 2019

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Indian Bands Council Elections Order (Enoch Cree Nation)

Amendment

1 Item 3 of Part II of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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 Enoch Cree Nation, in Alberta, wishes to select its Chief and council based on its own community leadership selection process that was developed and ratified by the community. To do so, the Minister of Indian Affairs and Northern Development 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 December 11, 2018, the council of the Enoch Cree Nation has, by resolution, asked that the Minister of Indian Affairs and Northern Development make such an order.

Background

Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to order 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 May 18, 1953, it was declared by order in council that the council of the Enoch Cree Nation (known as the Enoch 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.

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 Indian Affairs and Northern Development revoke the application of the electoral provisions of the Indian Act for the First Nation by amending the Indian Bands Council Elections Order.

On December 11, 2018, the council of the Enoch Cree Nation submitted a resolution confirming the adoption of a community election law by the First Nation for the selection of its Chief and council. Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to remove the name of the Enoch Cree Nation from Schedule I of the Indian Bands Council Elections Order.

Objectives

The Order Amending the Indian Bands Council Elections Order (Enoch Cree Nation), made pursuant to subsection 74(1) of the Indian Act, revokes the application of the election provisions of the Indian Act for the Enoch Cree Nation. It is limited to and of interest only to the Enoch Cree 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 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 Indian Affairs and Northern Development. 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 (Enoch Cree Nation) was made at the request of the council of the Enoch Cree Nation. The Enoch Cree Nation Election Law 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 law.

Rationale

Nine presentations on the Enoch Cree Nation Election Law took place between December 20, 2017, and September 4, 2018. The process to adopt the custom election law involved significant community consultations. On September 25, 2018, the Enoch Cree 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 Enoch Cree Nation Election Law. A total of 552 electors cast a ballot at these votes. The number of votes in favour exceeded the number of votes opposed by 158 (355 for, 197 against).

Given the specific request by resolution of the First Nation’s council, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the Enoch Cree 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 (Enoch Cree Nation) ensures that the elections of the Chief and council can be held under the Enoch Cree Nation Election Law.

There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Enoch Cree Nation. Henceforth, the Enoch Cree Nation will assume full responsibility for the conduct of its entire electoral process.

Implementation, enforcement and service standards

Compliance with the community’s election law, the conduct of elections and disputes arising from the elections are now the responsibility of the Enoch Cree Nation.

Contact

Melanie Le Ber
Policy Analyst
Governance Operations Directorate
Lands and Economic Development
Crown-Indigenous Relations and Northern Affairs Canada

Email: melanie.leber@canada.ca