Vol. 150, No. 8 — April 20, 2016

Registration

SOR/2016-58 March 29, 2016

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Curve Lake)

Whereas, by Order in Council P.C. 6016 of November 12, 1951, it was declared that the council of the Mississaugas of Mud Lake Band, in Ontario, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Whereas the name of the band has been changed to the Curve Lake Band;

Whereas the council of the Curve Lake Band adopted a resolution, dated October 26, 2015, requesting that the Minister of Indian Affairs and Northern Development terminate the application of the Indian Bands Council Elections Order (see footnote b) to the band;

Whereas the band has provided to the Minister of Indian Affairs and Northern Development a proposed community election code that sets out rules regarding the election of the chief and councillors of the band;

And whereas the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of the band that its council be selected by elections to be held in accordance with the Indian Act (see footnote c);

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act (see footnote d), makes the annexed Order Amending the Indian Bands Council Elections Order (Curve Lake).

Gatineau, March 21, 2016

Carolyn Bennett
Minister of Indian Affairs
and Northern Development

Order Amending the Indian Bands Council Elections Order (Curve Lake)

Amendment

1 Item 14 of Part V of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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

On November 12, 1951, the Mississaugas of Mud Lake Band was brought under the application of section 74 of the Indian Act. Thereafter, the council of the Mississaugas of Mud Lake Band, in the Province of Ontario, was selected by elections to be held in accordance with the election provisions of the Indian Act.

Further to the development of its own election code and local community electoral system, the band (now known as Curve Lake) wishes to select its chief and councillors based on its own custom leadership selection process. On October 26, 2015, the council of the Curve Lake Band requested, through a band council resolution, to have the application of the election provisions of the Indian Act to that band terminated.

Background

Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to order that elections be held in accordance with the Indian Act when he deems it advisable for the good governance of a band.

However, a band holding elections under the Indian Act can seek a change to its electoral system and a conversion to the use of a community election code by requesting that the Minister of Indian Affairs and Northern Development terminate the application of section 74 to the band by amending the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act.

Objective

The Order Amending the Indian Bands Council Elections Order (Curve Lake), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the Curve Lake Band. It is limited to and of interest only to the Curve Lake Band. The conversion to a local community electoral system will serve to build and strengthen the band’s governance autonomy and better address the needs of the community.

Description

Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy allows a band holding elections under the Indian Act to request a change to its electoral system and convert to the use of a community election code.

The termination of the application of the election provisions of the Indian Act to a band is effected by means of an order of the Minister of Indian Affairs and Northern Development when Indigenous and Northern Affairs Canada is satisfied that the band has developed suitable election rules (including secret ballot voting, an independent appeals process and compliance with the Canadian Charter of Rights and Freedoms) and that the rules and the termination 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 (Curve Lake) was made at the request of the members of the Curve Lake Band. The community election code underwent a community ratification process, wherein a majority of the votes cast by the band’s electors were in favour of the amendment being proposed to the Indian Bands Council Elections Order (Curve Lake) and were also in favour of all future elections being conducted in accordance with that code.

Indigenous and Northern Affairs Canada provided assistance in the development of the election code of the Curve Lake Band, thereby fulfilling Canada’s commitment to strengthen Aboriginal governance.

Rationale

On September 12, 2015, the council of the Curve Lake Band held ratification votes by secret ballot to determine whether a majority of the electorate was in favour of terminating the application of the election provisions of the Indian Act to the band and was also in favour of adopting the proposed election code. Electors residing off-reserve were allowed to cast their ballot through a mail-in ballot process. The total number of eligible electors was 1 818. In total, 211 ballots were cast, of which 123 voted in favour of the election code and 88 voted against it. Twenty-five ballots were spoiled and were not counted.

On October 26, 2015, the council of the Curve Lake Band submitted a band council resolution requesting that the Minister of Indian Affairs and Northern Development issue an order terminating the application of section 74 of the Indian Act to the band.

As the election code of the Curve Lake Band and the community ratification process that has taken place is compliant with Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy, the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good governance of the band that its chief and council be selected by elections to be held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Curve Lake) ensures that members of the Curve Lake Band can conduct a leadership selection process according to their own values.

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

Implementation, enforcement and service standards

Compliance with the election code and the conduct of elections and disputes arising from the elections are now the responsibility of the Curve Lake Band.

Contact

Marc Boivin
Acting Director
Governance Policy and Implementation
Indigenous and Northern Affairs Canada
10 Wellington Street, 8th Floor
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-953-3855
Email: Marc.Boivin@aandc-aadnc.gc.ca