Order Amending the Indian Bands Council Elections Order (Berens River): SOR/2019-270

Canada Gazette, Part II, Volume 153, Number 15

Registration
SOR/2019-270 July 4, 2019

INDIAN ACT

Whereas by Order in Council P.C. 1701 of March 25, 1952, it was declared that the council of the Berens River Band, in Manitoba, shall be selected by elections to be held in accordance with the Indian Act footnote a;

Whereas the council of that First Nation adopted a resolution, dated May 10, 2019, requesting that the Minister of Indian Affairs and Northern Development add the name of that First Nation to the schedule to the First Nations Elections Act footnote b;

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 (Berens River).

Gatineau, June 28, 2019

Carolyn Bennett
Minister of Indian Affairs and Northern Development

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

Amendment

1 Item 1 of Part IV of Schedule I to the Indian Bands Council Elections Order footnote 1 is repealed.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 orders.)

Issues

First Nations that hold their elections under the Indian Act and that are seeking a change to their electoral system by opting in the First Nations Elections Act must be concurrently removed from the Indian Bands Council Elections Order, made under the Indian Act, and added to the schedule to the First Nations Elections Act.

The Berens River First Nation, in Manitoba, has requested, by resolution of its council, to be removed from the election regime of the Indian Act, i.e. Schedule I of the Indian Bands Council Elections Order, and to be added to the schedule to the First Nations Elections Act.

Background

Subsection 74(1) of the Indian Act provides authority for the Minister of Indian Affairs and Northern Development to make an order whereby the council of a band shall be selected by elections to be held in accordance with the Indian Act. First Nations for which such an order has been made appear on the Indian Bands Council Elections Order.

Section 3 of the First Nations Elections Act provides authority for the Minister of Indian Affairs and Northern Development to make an order to add the name of a First Nation to the schedule to the First Nations Elections Act, after which the council of that First Nation shall be selected by elections held in accordance with the Act.

Objectives

By virtue of two orders respectively made under subsection 74(1) of the Indian Act and section 3 of the First Nations Elections Act by the Minister of Indian Affairs and Northern Development, the Berens River First Nation is

Description

The Order Amending the Indian Bands Council Elections Order (Berens River), made pursuant to subsection 74(1) of the Indian Act, removes the application of the election provisions of the Indian Act for the Berens River First Nation. The Order Amending the Schedule to the First Nations Elections Act (Berens River), made pursuant to section 3 of that Act, adds the Berens River First Nation under the First Nations Elections Act and fixes the date of the first election of the council under that Act at November 15, 2019.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these orders, as they do not result in any administrative costs or savings to businesses.

Small business lens

The small business lens does not apply to these orders, as they do not result in any costs for small businesses.

Consultation

Given that opting into the First Nations Elections Act is made at the request of the Berens River First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members.

The council of the Berens River First Nation has indicated that a consultation and engagement exercise was undertaken with community members to consider the adoption of the First Nations Elections Act for the election of its Chief and councillors.

Rationale

The Berens River First Nation is removed from the Indian Bands Council Elections Order pursuant to the Indian Act and is added to the schedule to the First Nations Elections Act at the request of the council of the First Nation, which believes that the First Nations Elections Act presents a better electoral option that will benefit its community.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements and no implementation or ongoing costs that can be directly associated with terminating the application of the election provisions of the Indian Act and amending the schedule to the First Nations Elections Act.

In compliance with the First Nations Elections Act and the First Nations Elections Regulations, the conduct of elections and disputes arising from them are the responsibility of the Berens River First Nation and the electoral officer appointed by the First Nation; however, the First Nations Elections Act provides that an election can be contested by application to a federal or provincial court. The offences and penalties provided in the First Nations Elections Act — which are enforced by local law enforcement and prosecuted by the Public Prosecution Service of Canada — will deter questionable election activities, such as vote buying, bribery and voter intimidation. Under the First Nations Elections Act, the courts are able to impose fines and terms of imprisonment on persons found guilty of an offence.

Contact

Yves Denoncourt
Acting Director
Governance Operations Directorate
Lands and Economic Development
Crown-Indigenous Relations and Northern Affairs Canada
Email: yves.denoncourt@canada.ca