Vol. 151, No. 18 — September 6, 2017

Registration

SOR/2017-164 August 18, 2017

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Halfway River)

Whereas, by Order in Council P.C. 1282 of April 20, 1978, it was declared that the council of the Halfway River Indian Band, in British Columbia, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Whereas, by band council resolution of September 23, 1996, the name of the band was changed to the Halfway River First Nation;

Whereas the council of the First Nation adopted a resolution, dated October 5, 2016, requesting that the Minister of Indian Affairs and Northern Development terminate the application of the Indian Bands Council Elections Order (see 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 the 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 (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 (Halfway River).

Gatineau, August 14, 2017

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Indian Bands Council Elections Order (Halfway River)

Amendment

1 Item 36 of Part I of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.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

The Halfway River First Nation, in British Columbia, wishes to select its chief and councillors 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 terminating the application of the election provisions of the Indian Act to the First Nation. The council of the Halfway River First 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 chief and councillors 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 April 20, 1978, the Halfway River First Nation was brought under the application of the election provisions of the Indian Act and has selected its chief and councillors under this election system ever since. The name of the First Nation appears on Schedule I of the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act.

However, 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 terminate the application of the electoral provisions of the Act to the First Nation by amending the Indian Bands Council Elections Order.

Objectives

The Order Amending the Indian Bands Council Elections Order (Halfway River), made pursuant to subsection 74(1) of the Indian Act, terminates the application of the election provisions of the Indian Act to the Halfway River First Nation. It is limited to and of interest only to the Halfway River First 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

Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy sets 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 when Indigenous and Northern Affairs Canada is satisfied that the First Nation has developed suitable election rules that afford secret ballot voting, an independent appeals process and that comply with the Canadian Charter of Rights and Freedom. Furthermore, 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 (Halfway River) was made at the request of the council of the Halfway River First Nation. The community election code 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 all future elections being conducted in accordance with that code.

Rationale

On September 28, 2016, the Halfway River First 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 Halfway River First Nation Custom Election Code. Based upon the ratification officer’s certified report submitted by the First Nation, 174 electors were eligible to vote, of which 91 cast a ballot, for a voter participation rate of 52%.

Of the total ballots cast in the ratification vote, 96% were cast in favour of the community election code (87 votes were cast in favour, and 4 votes were cast against).

On October 5, 2016, the council of the Halfway River First Nation submitted a 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 First Nation.

As the election code of the Halfway River First Nation and the community ratification process that has taken place are compliant with Indigenous and Northern Affairs Canada’s Conversion to Community Election System Policy, and because of 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 First Nation that its chief and councillors be selected by elections held in accordance with the Indian Act. Consequently, the Order Amending the Indian Bands Council Elections Order (Halfway River) ensures that elections of chief and councillors can be held under the community’s election code.

There is no cost consequence associated with the termination of the application of the election provisions of the Indian Act to the Halfway River First Nation. Henceforth, the Halfway River First Nation 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 Halfway River First Nation.

Contact

Marc Boivin
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